Orland
Lobster council weighs in on proposed legislation

by Karin Sanborn
On Tuesday, January 26, Zone C lobster council members met with Maine Marine Patrol officers and Department of Marine Resource representatives at the Craig Brook National Fish Hatchery in a lengthy public meeting.

With over four months of catching up to do, the council swung into session covering legislation currently proposed, double-tagging for Zones B and C, herring shortages and new laws being enforced by the marine patrol.

Deirdre Gilbert, assistant to the DMR commissioner, attended the meeting to share proposed legislation with council members and to provide feedback to commissioner George Lapointe.

Gilbert began by explaining the three-trap trawl limit bill that Zone C council members questioned last year. She said “In order for LD 1560 (containing a three-trap trawl limit) to be abolished and allow each zone council to, through rule-making, decide the trap/trawl limit individually, the council would have to vote unanimously to strike the current statute and force each zone to vote on their trap/trawl limit.”

Hilton Turner, chairman of the Zone C council, led a discussion about the possible effects of dropping LD 1560 with the help of Lt. Alan Talbot from the marine patrol, who used maps to identify the area being discussed.

Local captain Bob Williams expressed some concern about increasing the trap allowances. “That is too much gear for one person to manage alone out there. With three traps per trawl, I can see it, but because of the economy many of these guys are out there fishing alone—I don’t know about this.”

Talbot helped to clarify by adding, “All this is going to do is take the law that is in the book right now with a three-trap limit and it is going to do away with it. What it will do is give this council the authority within Zone C to do whatever they want to…Draw up your proposal and submit it to the commissioner.”

Council members decided to strike the statute, allowing the trawl limit to be decided by referendum in individual zones throughout the state.

Gilbert said LD 1584 is a Marine Licensed Landings Program bill that would require all marine resources dealers to buy only from licensed harvesters.

As it stands now, it is not illegal for a dealer to buy from an unlicensed harvester, but it is illegal for a harvester to sell to a dealer if he doesn’t have a license. This bill would put the burden of documentation on both the dealer and the harvester, and furthermore, the licensed dealer would only be permitted to buy from a harvester or fisherman who holds the appropriate license for the marine organism he is selling.

This issue drew mixed reviews because captains have a variety of methods to pay their stern men, including a share of the catch, but the stern man may not have the appropriate license or permit. The new law would hold all harvesters/fishermen accountable through the dealers, since they would have to produce their licenses upon request. It would also create tax-related issues the fishermen at the meeting balked at. The issue was tabled by the council.

Proposed LD 1604, if passed, would allow emergency rulemaking authority for the DMR commissioner to close a fishing ground because of gear conflict or in order to provide for public safety and welfare. This drew mixed reviews from council members, marine patrol and fishermen alike. Rep. Dennis Damon sponsored this bill with the DMR as a result of recent events among fishermen.

Talbot said it would be helpful for the commissioner to have this authority in order to attempt to resolve gear conflict and prevent the escalation of anger and vengeance, which, he said, “is often under-reported because of retaliation, until it’s a criminal case, which may or may not result in a conviction.”

Council member Vance Bunker said, “There’s been gear conflict in this area for two or more years…I think what the state should do when there is a situation like that in an area here or there or wherever, is close it down until the people smarten up. It’s usually more then just one or five people involved.”

With no specific timetable attached, council members elected to table the matter, unable to come to a majority vote because some members said it could cause severe hardship for those not involved in the conflict.

The council unanimously supported LD 1593, which would allow Maine processors to market and sell lobster pieces to compete with Canadian markets. Gilbert said this will not change any of the current harvesting or dealer laws, it will simply allow for processors to sell culls, knuckles and other pieces at a higher price. She suggested it could bring more money to both the dealers and harvesters and help stabilize the market. This proposal is the direct result of recommendations made by the Governor’s Lobster Task Force, who hired consultants, the Moseley Group, to improve the lobster market last year. This is one of many recommendations made by the Moseley Group and Lobster Promotion Council members that will be featured during the Fishermen’s Forum conference in Rockport March 4-6.

Talbot urged council members to warn their fellow fishermen that there are new laws in effect and that they are costly and being enforced. He said five short lobsters a year ago would have cost $175, but today it will run $1,000. He warned that zero tolerance for eggers, v-notch, and shorts is serious business and could cost even the most seasoned license holder fines and suspension. Talbot said there is legislation proposed by the Lobster Advisory Council and DMR asking for mandatory suspension of three years for similar convictions. He encouraged all fishermen to read the DMR updates.

Sarah Cotnoir of the DMR said Area 1 federal permits are being capped; in order to apply for one, or purchase someone else’s, there are three rules: the applicant must have held a federal lobster permit, Area 1 must be the designation, the applicant must have a history of landings (tags purchased) from 2004-08.

Cotnoir said the DMR is capping Area 1 permits so that any ground fishermen who still had their Area 1 license couldn’t renew without landings history.

Double-tagging for Zones B and C will be decided this session. The Zone B council brought this proposal forward. A public hearing was held by the DMR and only Zone C fishermen attended. All present testified against the proposal.

Herring shortages “seem inevitable,” but Steven Robbins, the manager of the Stonington Lobster Co-op, and council members will team up and draft a letter to state and federal authorities in an attempt to increase the “total allowable catch,” which currently stands at 60 percent less then last year. Robbins said he is very concerned about the long-term economic impact for the already struggling lobstermen.

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