New rules designed to give lobster boats a break, helping whales while reducing closures | CBC News

Prince Edward Island lobster fishers are hoping new rules from the federal Department of Fisheries and Oceans will mean fewer harvesting days lost to closures when endangered right whales come into Island waters.

“The first change is the addition of a 5- and 15-fathom line,” said Melanie Giffin, a marine biologist who works with the P.E.I. Fishermen’s Association, talking about the distance around a whale sighting where protective measures will be imposed.

“We’ve always had a 10- and 20-fathom line, but this year the DFO has included a five- and 15-fathom line as well.”

“If a whale comes inside the 20-fathom line, then the grids will only close to the next fathom line, which used to be 10, but now it’s 15. So it gives a little bit more space for harvesters to move their gear if need be.”

Giffin said the second change is a shorter closure of an area when one right whale is detected, of seven days rather than 15. That can be extended for another seven days if another whale is sighted. 

“The full protections are still there for the whales,” Giffin said. “But harvesters having a very short season now could only be closed for seven days rather than 15, which was the case last year.”

Whalesafe gear

A pilot project will also allow harvesters equipped with whalesafe gear to keep fishing if only one right whale is detected. 

The gear, also known as low breaking strength equipment, is designed to release under pressure of more than 1,700 pounds or 771 kilograms.

“There’s been some papers done by scientists in the U.S. showing that a whale getting entangled in gear with a breaking strength of less than 1,700 pounds has the capability to free itself from that gear,” Giffin said. 

Giffin said P.E.I. fishers are using the new whalesafe gear in record numbers. 

“We’ve actually had a higher voluntary implementation rate than any other province,” she said. “We’ve been implementing and trialling here in P.E.I. for a couple of years to find what works, with the expectation that DFO was going to make it mandatory at some point.

We’ve actually had a higher voluntary implementation rate than any other province​​​​​​— Melanie Giffin, P.E.I. Fishermen’s Association 

“Harvesters have been giving it a go, even if it’s just in a few trawls, to see what works for them and what doesn’t,” Giffin said.

“We have about 800 harvesters on Prince Edward Island, out of about 1,280, that have picked up whalesafe gear. Some have done some trialling on their own, some have outfitted their entire gear, and some have just done a couple of lines just to see what works for them.”

Giffin said there is also specially produced whalesafe line, with different colour combinations for each lobster fishing area. 

“The point of it is if a whale is entangled, then DFO has an idea of where the whales are getting entangled and can focus management on those areas that seem to be the problem areas,” Giffin said.

“We’ve never had a confirmed entanglement in P.E.I. gear, and hopefully it never happens, but this is the way that DFO is trying to identify problem areas.”

‘No lessening of the rules’

Scientists who study North Atlantic right whales say the overall population increased slightly in 2024. But there were also five documented deaths and four lost calves that researchers presume are dead.

It’s the highest annual mortality since 2019, which is why groups like Oceana Canada want more protection for the endangered whales.

“What we’re seeing is mostly a continuation of rules that were put in place a few years ago,” said Kim Elmslie, an Ottawa-based campaign director for Oceana Canada. “We’re happy to see that there is no lessening of the rules or no weakening of the rules.

“We do feel that the closures that are put in place have done a good job to protect right whales, but certainly there’s always more that can be done to protect this endangered species,” she said.

Elmslie said the two major threats to the right whales are entanglements in fishing gear and ship strikes.

“There was a study that was done in the last year that found that the whales like to either spend their time in deep water, where they might get entangled in fishing gear, or at the surface, where they might get struck by a vessel. So both are a priority.” 

They’re all important. Everything that we’re doing is important.— Kim Elmslie, Oceana Canada

She added: “Sometimes I think because there’s so much talk right now about what’s happening in fishing and the entanglements in fishing gear, we can overemphasize that,” as opposed to strikes from cargo and passenger vessels.   

“But they’re kind of equal causes to this species. So they’re all important. Everything that we’re doing is important.”

The spring lobster season on P.E.I. is scheduled to get underway on April 25 but may be delayed because of concerns around the dredging still needed in some harbours, and strong winds in the marine forecast for the weekend, when the first traps would be hauled.