Lack of fishing prohibitions in 'grey zone' could pose risk for right whales, expert says

One marine conservation expert has questions about the efforts on the part of Fisheries and Oceans after North Atlantic right whales were detected in the Bay of Fundy in recent weeks, including in an area where both Canadian and American fishermen catch lobster. 

In October, Fisheries and Oceans announced several temporary prohibited fishing areas as the whales were detected in multiple fishing spots across the Maritimes, including in the bay.

When a North Atlantic right whale is detected in areas subject to management measures, fishing using non-tended fixed gear, traps and pots are prohibited around the area for 15 days. In the Bay of Fundy, if a right whale is detected again during days nine to 15 of a prohibited fishing period, the prohibition is extended.

Some fishing prohibitions for parts of the Bay of Fundy started on Oct. 25 and included the fisheries for crab, herring, mackerel, groundfish, hagfish and lobster.

'Serious hardships for harvesters'

One expert says the lobster fishery in particular is of concern because it's set to start in the area around mid-November.

"If the whales are still persisting there, this is going to cause some serious hardships for the harvesters," said Sean Brillant.

"This means they're not going to be able to fish with their traditional gear in those areas. Their options are going to be that they either can't fish or that they're going to need to use ropeless gear of some sort."

Brillant, the manager of marine programs at the Canadian Wildlife Federation, said in recent weeks, up to 25 right whales were detected in parts of the Bay of Fundy.

"On one hand, this is good to see that Fisheries and Oceans is implementing its own management plans to close these areas and protect these whales, [but] one component of this that is a bit concerning and difficult to evaluate is one of the whales was detected just outside of the grey zone," Brillant said.

The so-called "grey zone" is an area of disputed water near Grand Manan. Both Canada and the United States have claimed sovereignty over the area, so fishers from both countries harvest there.

In an emailed statement, Fisheries and Oceans confirmed that eight whales were observed in the "grey zone" on Nov. 4 during routine aerial surveillance by the U.S., but no whales have been sighted in the area since.

Fisheries and Oceans officials also said there are currently no fishing prohibitions in place in the grey zone, or LFA 38B, in the Bay of Fundy. The statement reads that the area presents "unique management challenges as … differences exist between Canadian and U.S. management measures to protect North Atlantic right whales."

Quirks and Quarks19:31Can high tech fishing gear limit losses of endangered whales?

The endangered North Atlantic Right Whale has had a long and rocky road to recovery after the depredations of commercial whaling. One of the major threats to the species today is fishing line entanglements. In a documentary, producer Sonya Buyting explores how researchers, like Sean Brillant from the Canadian Wildlife Federation, and fishers, like Greg Beckerton in New Brunswick, are trialing high-tech ropeless fishing gear to save the whales while still preserving the fishers’ livelihoods. 

"It's in an area [that] even if Canadians pulled out, the Americans don't have the same sort of fisheries management measures, so fishing would continue in that area," Brillant added.

In the last six years or so, Brillant said there has been a lot of work done to create fishing methods that don't use buoy lines, including ropeless gear, which cuts down on one of the one of the major threats to the species: fishing line entanglements.

Brillant said though prohibiting Canadian fishers from harvesting in the grey zone may "not actually accomplish a lot of conservation," it is fair to ask why Fisheries and Oceans isn't forcing Canadian fishers out of the area.

"We are committed to introducing whale safe gear in LFA 38B, while working with our U.S. counterparts to ensure safety of harvesters throughout the process," the statement goes on to say.

For fishers who harvest in the area, the prohibitions do pose a significant tie-up.

Melanie Sonnenberg of the Grand Manan Fishermen's Association said right now, the fishers are dealing with bad weather that's postponed the start of the season and the fishing prohibitions.

"There's a lot to contend with. It's an economic hardship for them," she said, adding that in recent years, fishers have begun to use new equipment with the hopes of preventing whales from getting entangled.

"Nobody wants to be part of an entanglement or the death of a right whale. But on the other side of the coin, folks have to feed their families, too. So finding that balance is a challenge."