May 18, 2023

Environmental, Natural Resources, & Energy Law Blog

A Whale of a Problem: Finding Solutions to Prevent and Mitigate Whale Entanglement in Fishing Gear - Ayman Irfan

 

A Whale of a Problem:

Finding Solutions to Prevent and Mitigate

Whale Entanglement in Fishing Gear

Ayman Irfan, LLM

 

 

Lewis & Clark College, Northwestern School of Law

Emerging Topics in Environmental Law, Energy & Natural Resources

 

Final Blog Post Thesis/Dissertation for the

Environmental Law, Energy & Natural Resources LLM Program

 

Portland, Oregon

May 2023

INTRODUCTION

The ocean is home to a multitude of species, and every species contributes in its own effective way to the ecosystem. On the other hand, humans are responsible for the increase in the scarcity of fisheries, and they cause a disruption in the ecosystem due to a failure to obey laws. Despite the fact that there are international frameworks present concerning the law of the seas, countries and individuals fail to follow them.[1] Failure to obey laws can threaten the ecosystem, and disrupt the smooth functioning of the aquatic life. As a result, one of the species that is continuously under threat due to the non-compliance of laws is whales. Alongside the innumerable biological and bio-chemical influences whales have, they also have an intrinsic cultural and biodiversity value, and can therefore strengthen the economic security of coastal areas through their ecotourism attraction.[2]This paper asserts that by developing and implementing new fishing gear, increasing education and awareness, and working collaboratively with stakeholders, we can help protect both whales and the crabbing industry while ensuring the sustainability of the ocean’s ecosystem.

There is an interesting connection between the two of these species. One such being the whaling issue and the latter being crabbing. Crabbing has not only affected the number of crabs within the ecosystem but also whales. An increasing number of whales are becoming entangled in fishing lines along the West Coast, most of them are connected to commercial crab traps. Essentially, passing humpback whales have been getting tangled by crab lines and facing death or dismemberment, complicating the whole problem altogether.[3]

BACKGROUND ON WHALING

Whaling is typically done to obtain whale meat, oil, and other products that have commercial value. Historically, whales were hunted extensively for their blubber, which was rendered into oil and used for a variety of purposes, such as lighting lamps and making soap. In some cultures, whale meat is also considered a delicacy and is consumed as a traditional food.[4]

Whaling was once a major industry around the world but has declined significantly due to conservation efforts and the development of alternative sources of oil and meat.[5] However, some countries continue to engage in whaling, either for subsistence purposes or for commercial gain. The International Whaling Commission (IWC) was established in 1946 to regulate whaling and promote the conservation of whale populations, but its regulations are not universally followed.[6]

While some argue that whaling is an important cultural tradition or economic activity, others point to the negative impacts of whaling on whale populations and the broader marine ecosystem.[7] Many whale species are endangered or threatened due to overhunting, and the loss of these apex predators can have significant ecological impacts on the ocean’s food web. In addition, the methods used in whaling, such as harpooning and explosive harpoons, can cause significant suffering and distress to whales.[8]

INTERSECTION OF WHALING AND CRABBING

Whales that are commonly affected: Humpback whales are one of the most commonly affected species by entanglement in crab lines. This is because they often swim near the surface, which puts them at risk of coming into contact with fishing gear. Other whale species, such as gray whales and blue whales, have also been reported to become entangled in crab lines.[9]

The impact of entanglement on whale populations can be significant. Even if whales can free themselves from the fishing gear, they may suffer injuries or become weakened from the experience, which can make them more vulnerable to other threats, such as predation or disease. In addition, entanglement can cause stress and distress to whales, which can affect their behavior and reproductive success.[10]

The issue of whales getting entangled in crab lines is a serious concern for the ecosystem and needs to be addressed. Crabbing is a popular activity, especially on the West Coast, where Dungeness crab is abundant. However, the use of certain fishing gear, such as traps and pots, can be harmful to whales and other marine mammals. When whales swim through crab lines, they can become entangled, which can cause injury, distress, or even death.[11]

This problem is not only harmful to whales but also to the crabbing industry. When whales get entangled in crab lines, it can cause damage to the equipment, resulting in economic losses for crabbers. In addition, the presence of entangled whales can lead to the closure of crabbing areas to prevent further harm to marine life, which can also impact the industry.[12]Furthermore, it is noteworthy to discuss the global impact. The issue of whale entanglement in fishing gear is not limited to the West Coast of the United States. It is a global problem that affects many whale species in different regions of the world. For example, in the North Atlantic, the North Atlantic Right Whale is one of the most endangered whale species, and entanglement in fishing gear is a significant threat to its survival.[13]

Whale entanglement in fishing gear is a serious global issue that affects many whale species around the world. In addition to the West Coast of the United States, other areas where whale entanglements have been reported include Canada, Mexico, South America, Europe, Asia, and Australia.[14] For example, in the North Atlantic, the North Atlantic Right Whale is one of the most endangered whale species, with a population estimated to be less than 400 individuals. Entanglement in fishing gear, particularly in lobster and crab fishing gear, is one of the primary threats to the species’ survival. In response to this threat, measures such as gear modifications and seasonal fishing closures have been implemented in some areas to reduce the risk of entanglement.[15]

Another whale species that is commonly affected by entanglement is the Humpback Whale. Humpback Whales are known for their acrobatic displays and are a popular attraction for whale-watching tours. However, they are also vulnerable to entanglement in fishing gear, particularly in gillnets and longlines. In some areas, efforts have been made to modify fishing gear and to educate fishermen about the importance of reducing the risk of entanglement.

Apart from the impact on whales and the fishing industry, whale entanglement also has environmental implications. When whales become entangled, they often drag fishing gear with them, which can continue to trap and kill marine life, including fish, sea turtles, and other marine mammals. In addition, lost or abandoned fishing gear, also known as ghost gear, can continue to entangle marine life and cause environmental damage for years, if not decades.[16]

Therefore, addressing the issue of whale entanglement requires a coordinated and collaborative effort among fishermen, conservation groups, researchers, and government agencies. This includes developing and implementing fishing gear modifications and management strategies, increasing education and awareness among fishermen and the public, and improving the monitoring and reporting of entanglement incidents. By taking action to reduce the risk of entanglement, we can help protect whales and other marine life while ensuring the sustainability of the fishing industry.[17]

Also, whales are an important part of the ocean’s ecosystem and have significant cultural, ecological, and economic value. In addition to their role in maintaining the health of the ecosystem, whales are also a major draw for ecotourism, which can provide economic benefits for coastal communities.[18] Protecting whales from entanglement in fishing gear is therefore important for the sustainability of the ocean’s ecosystem and for the well-being of human communities that depend on it.[19]

 

ANALYSIS OF SOLUTIONS

There are several promising developments to address the harm caused to whales through crabbing. Efforts have been made to develop and implement new fishing gear that is less harmful to whales and other marine mammals. For example, ropeless fishing gear has been developed to eliminate the use of vertical lines that can entangle whales. This technology allows for the release of the trap from the ocean floor remotely, reducing the risk of entanglement.[20]

Another approach is to improve education and awareness among crabbers about the importance of responsible fishing practices and the impact of entanglement on marine life. By increasing education and awareness, crabbers can take steps to prevent entanglement and reduce their impact on the ecosystem.[21]

Collaboration between industry and conservation groups is another essential factor. Efforts to reduce the risk of whale entanglement in crab lines often involve collaboration between the crabbing industry and conservation groups.[22] For example, in California, the Department of Fish and Wildlife has worked with crabbers to develop best practices for reducing the risk of entanglement, such as reducing the length of ropes used in fishing gear and using weights to keep lines closer to the ocean floor.[23]

Mitigation strategies aim to reduce the harm caused to whales that are already entangled in fishing gear. Some examples of mitigation strategies include training fishermen on safe and effective disentanglement techniques, such as using specialized tools to cut lines or using buoys to keep whales afloat while disentangling them. As well as developing and implementing specialized disentanglement teams that can respond quickly to entanglement incidents.[24] Moreover, the response strategies aim to improve the reporting and monitoring of entanglement incidents and to provide a coordinated and effective response to entanglement cases. Some examples of response strategies include the establishment of hotlines and reporting systems to enable fishermen, the public, and other stakeholders to report entanglement incidents quickly. Also, coordinating response efforts among government agencies,[25] conservation groups, and fishermen to ensure a rapid and effective response to entanglement incidents. And, researching to better understand the causes and impacts of entanglement, and to develop new technologies and techniques for preventing and mitigating entanglement.[26]

Several strategies can be used to reduce the risk of whales becoming entangled in crab pots. Crab pots can be modified to reduce the risk of entanglement. For example, larger escape holes can be added to allow larger animals, like whales, to escape if they become trapped.[27] Other modifications may include reducing the number of lines or adding weak points in the lines that would break if a large animal becomes entangled. Furthermore, fishermen can adjust their fishing practices to reduce the risk of whale entanglement.[28] For example, fishing in areas where whales are less likely to be present or avoiding fishing during peak whale migration seasons can reduce the likelihood of entanglement. Fishermen can also use acoustic deterrents, such as pingers, to keep whales away from fishing gear. Moreover, another aspect that can make a significant difference is having improved monitoring and reporting of whale entanglements that can help identify areas where entanglement risk is highest and inform efforts to reduce the risk. This can include training fishermen to recognize and report entanglements, as well as deploying technologies such as drones and satellite imagery to identify areas where whales are likely to be present.[29] Also, increasing public education and awareness about the issue of whale entanglement can help reduce the risk of entanglement by encouraging responsible fishing practices and promoting safe boating practices around whales. [30]

Each of these strategies has its strengths and limitations, and a comprehensive approach to addressing the issue of whale entanglement will likely require a combination of these strategies. By working together to develop and implement effective prevention, mitigation, and response strategies, we can help protect whales and ensure the sustainability of the fishing industry.

 

CONCLUSION

Reducing the risk of whale entanglement in crab pots will require a combination of these strategies and ongoing collaboration between fishermen, scientists, conservationists, and policymakers. Protecting the magnificent whales is not only a matter of preserving their beauty and wonder but also of maintaining a healthy ecosystem and supporting the local economy. Whales play a crucial role in regulating the ocean’s food chain, and their presence has a positive impact on fish populations, which in turn supports the crabbing industry and other fishing activities. Balancing conservation efforts with sustainable fishing practices can be a complex challenge, but it is essential to find ways to protect both the whales and the industry that depends on them.

Ultimately, by working together to protect the whales and sustain the crabbing industry, we can ensure a thriving and vibrant coastal ecosystem for now and for the generations to come.

 

 

 



[1] Baker, C. S., Clapham, P. J., & Ljungblad, D. K. (2004). Whaling. In E. A. Norse & L. B. Crowder (Eds.), Marine Conservation Biology: The Science of Maintaining the Sea’s Biodiversity (pp. 183-196). Island Press.

[2] California Department of Fish and Wildlife. (2022). Whale Entanglements in Dungeness Crab Fishing Gear. Retrieved from https://wildlife.ca.gov/Conservation/Marine/Whale-Entanglements-in-Dungeness-Crab-Fishing-Gear

[3] California Department of Fish and Wildlife. (2022). Whale Entanglements in Dungeness Crab Fishing Gear. Retrieved from https://wildlife.ca.gov/Conservation/Marine/Whale-Entanglements-in-Dungeness-Crab-Fishing-Gear

[4] Watanabe, S., & Yamamoto, S. (2020). Historical trends and current status of whaling and whale watching in Japan. Marine Policy, 121, 104136. doi:10.1016/j.marpol.2020.104136

[5]Oregon State University. (2022). Crabbing and Whales. Retrieved from https://seagrant.oregonstate.edu/sites/seagrant.oregonstate.edu/files/crabbing_whales.pdf

[6] Center for Biological Diversity. (2022). Saving Whales from Entanglement in Fishing Gear. Retrieved from https://www.biologicaldiversity.org/campaigns/saving-whales-entanglement-fishing-gear/index.html

[7]National Oceanic and Atmospheric Administration. (2022). History of Whaling. Retrieved from https://www.fisheries.noaa.gov/national/history-whaling

[8] Cooke, J. G., & Rowan, A. N. (2021). Whaling and the Future of the Whale. Journal of Environmental Law, 33(1), 1-28. doi:10.1093/jel/eqaa011

[9]Cascadia Research Collective. (2022). Whale Entanglement. Retrieved from https://www.cascadiaresearch.org/whale-entanglement

[10]Oregon State University. (2022). Crabbing and Whales. Retrieved from https://seagrant.oregonstate.edu/sites/seagrant.oregonstate.edu/files/crabbing_whales.pdf

[11]Cascadia Research Collective. (2022). Whale Entanglement. Retrieved from https://www.cascadiaresearch.org/whale-entanglement

[12] National Oceanic and Atmospheric Administration. (2022). History of Whaling. Retrieved from https://www.fisheries.noaa.gov/national/history-whaling

[13] Center for Biological Diversity. (2022). Saving Whales from Entanglement in Fishing Gear. Retrieved from https://www.biologicaldiversity.org/campaigns/saving-whales-entanglement-fishing-gear/index.html

[14] The impact of whale entanglements on the crabbing industry and the closure of crabbing areas: National Oceanic and Atmospheric Administration. (2019). West Coast Whale Entanglement Summary: 2018 Report. https://www.fisheries.noaa.gov/national/marine-life-distress/2018-west-coast-whale-entanglement-summary-report

[15] The global impact of whale entanglement: International Whaling Commission. (2021). Report of the Workshop on Entanglement of Cetaceans in Fishing Gear. https://iwc.int/workshops

[16] The environmental implications of whale entanglement: World Animal Protection. (2019). Ghost gear: The abandoned fishing nets haunting our oceans. https://www.worldanimalprotection.us/blogs/ghost-gear-abandoned-fishing-nets-haunting-our-oceans

[17] The impact of entanglement on North Atlantic Right Whales: U.S. National Marine Fisheries Service. (2020). North Atlantic Right Whale (Eubalaena glacialis). https://www.fisheries.noaa.gov/species/north-atlantic-right-whale.

[18] National Oceanic and Atmospheric Administration. (2021). Ropeless Fishing Technology to Protect Marine Life. Retrieved from https://www.fisheries.noaa.gov/feature-story/ropeless-fishing-technology-protect-marine-life

[19] International Whaling Commission. (2018). The Importance of Whales to the Ecosystem and Human Culture. Retrieved from https://iwc.int/whales-and-people/the-importance-of-whales-to-the-ecosystem-and-human-culture

[20] Cooke, J. G., & Rowan, A. N. (2021). Whaling and the Future of the Whale. Journal of Environmental Law, 33(1), 1-28. doi:10.1093/jel/eqaa011

[21]Cascadia Research Collective. (2022). Whale Entanglement. Retrieved from https://www.cascadiaresearch.org/whale-entanglement

[22] Laist, D. W., Knowlton, A. R., & Pendleton, D. E. (2014). Protecting whales from fatal collisions with ships: A global review of the effectiveness of voluntary and mandatory measures. Endangered Species Research, 26(1), 87-106.

[23] International Whaling Commission. (2018). The Importance of Whales to the Ecosystem and Human Culture. Retrieved from https://iwc.int/whales-and-people/the-importance-of-whales-to-the-ecosystem-and-human-culture

[24] Barlow, J., Gerrodette, T., & Forcada, J. (2017). Mitigation of cetacean bycatch in coastal Peru: The world’s largest small-scale driftnet fishery. Marine Policy, 75, 90-99. https://doi.org/10.1016/j.marpol.2016.10.020

[25] Martin, C., & Cook, T. (2015). Protecting whales from fishing gear entanglement: United States regulatory approaches. Journal of International Wildlife Law & Policy, 18(1), 50-62. https://doi.org/10.1080/13880292.2014.991998

[26] U.S. National Oceanic and Atmospheric Administration. (2019). West Coast Region Whale Entanglement Response Program. https://www.fisheries.noaa.gov/west-coast/west-coast-region-whale-entanglement-response-program

[27] National Oceanic and Atmospheric Administration. (2021). Ropeless Fishing Technology to Protect Marine Life. Retrieved from https://www.fisheries.noaa.gov/feature-story/ropeless-fishing-technology-protect-marine-life

[28] Tethys Research Institute. (2022). Entanglement in fishing gear. Retrieved from https://www.tethys.org/entanglement-in-fishing-gear/

[29] Pacific States Marine Fisheries Commission. (2019). Reducing the Risk of Whale Entanglements in Dungeness Crab Gear. Retrieved from https://www.psmfc.org/wp-content/uploads/2019/04/Dungeness-Crab-Entanglement-Report-April-2019.pdf

[30] National Oceanic and Atmospheric Administration. (2021). Protecting North Atlantic Right Whales. Retrieved from https://www.fisheries.noaa.gov/feature-story/protecting-north-atlantic-right-whales