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Federal Appeals Court Reinstates Protections For Endangered Right Whales

A pair of North Atlantic right whales interact at the surface of Cape Cod Bay, in Massachusetts, on March 27, 2023. (AP Photo/Robert F. Bukaty, File, NOAA permit # 21371, File)

In a recent ruling, the 1st U.S. Circuit Court of Appeals reversed a lower court decision and reinstated fishing regulations aimed at protecting the critically endangered North Atlantic right whale. The regulations, which include a winter fishing ban in a 200-nautical-mile area off the New England coast from February 1 to April 30 annually, were put in place to prevent lethal entanglements of the whales in lobster fishing gear.

The North Atlantic right whale population, numbering less than 380 individuals and in decline, faces significant threats from entanglements in fishing gear and collisions with large ships. The winter fishing ban is crucial for the whales' survival as it coincides with the period when the whales are most abundant off the New England coast.

Environmental organizations, including Defenders of Wildlife, hailed the appeals court decision as a major victory for right whale conservation. They emphasized that while the closure affects only a small number of lobstermen for three months, it plays a vital role in protecting the endangered species from extinction.

The ruling comes at a time when the seafood and maritime industries are closely watching the Trump administration's stance on fishing regulations. The shipping industry had previously benefited from the withdrawal of a proposal that would have required ships to slow down in East Coast waters to protect the whales.

Commercial fishermen, particularly those in the lobster industry, are now assessing their options following the court's decision. The Massachusetts Lobstermen's Association expressed disappointment with the ruling but stated that they are working with legal counsel to determine their next steps.

The North Atlantic right whale, once abundant along the East Coast, was severely depleted during the commercial whaling era and has struggled to recover. Scientists have also highlighted the impact of warming ocean temperatures on the whales, leading them to venture outside established protected zones in search of food.

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