A Massachusetts court on Monday restored federal protections for endangered whales off New England against entanglement in fishing equipment, overruling a lower court that struck down the federal rule.
The Massachusetts Lobstermen’s Association had challenged the National Marine Fishers Service (NMFS) rule, finalized in 2024, which closed a 200-square-mile stretch of federal water between February and April. The severely endangered right whale, hunted nearly to extinction during the age of whaling, frequents the area during that period. Ship strikes and entanglement in lobstering gear are a major threat to the whales, believed to have a remaining population of fewer than 400.
A lower district court sided with the trade group, ruling an earlier 2022 emergency rule was not yet in force when a bill funding the federal government for fiscal 2023 was enacted. However, on Friday, the 1st Circuit Court of Appeals in Boston ruled that the final rule was consistent with that funding bill.
“Just like school speed zones are always in place but are only in effect when school is in session, the 2022 emergency rule to seasonally protect right whales in the wedge off Massachusetts was also in place in December 2022,” said Regina Asmutis-Silvia, Executive Director of Whale and Dolphin Conservation. “That was the intent of Congress when it referenced the emergency rule in the Consolidated Appropriations Act language. We are grateful that the appellate court acknowledged it.”
The ruling is rare good news for conservation groups as President Trump’s Interior Department is likely to open large swaths of public lands and waters up for oil and gas development. Newly confirmed Interior Secretary Doug Burgum has signaled he will take such steps at the head of the department, saying at his confirmation hearing that “we live in a time of tremendous abundance.”
The Hill has reached out to the Lobstermen’s Association for comment.
