Department of Marine Resources
Lobster Advisory Council Meeting Minutes
Department of Human Services
442 Civic Center Drive, Augusta
May 24, 2007 – 5:00 PM
A meeting of the Department of Marine Resources’ Lobster Advisory Council (Council) was held on this date at the Department of Human Services, 442 Civic Center Drive, Augusta, Maine. Council members attending this meeting included: Chair Bob Baines (Non-Zone Lobsterman), John Drouin (Zone A), Jon Carter (Zone B), Dan MacDonald (Zone C), Gerry Cushman (Zone D), Larry Knapp (Zone E), Elliott Thomas (Zone F), Jim Henderson (Zone G), Dana Rice, (Eastern Dealer), Ted Hoskins (General Public Member) and Peter McAleney (Western Dealer Member). Council members not present included: Dana McIntire (Non-Zone Lobsterman) and Cappy Sargent (Non-Zone Lobsterman). Sarah Cotnoir, Colonel Joe Fessenden, Carl Wilson, Donna Dyer, Erin Summers, Cullen Wilson and Donna Hall of the Department of Marine Resources were also present. Others present were Wayne Canning, David Black, Bill Doane, Lyman Kennedy, Michael Dassatt, Shelia Dassatt, Sonny Sprague, Lt. Michael Ott, USCG and Rosanne Mizzoni (Commercial Fisheries News).
The meeting convened at 5:10 p.m.
1. Welcome and Review of Agenda
2. Approval of Minutes (April 18, 2007)
MOTION: (J. Carter and E. Thomas) To accept the minutes of the April 18, 2007 as written. Unanimous.
3. New Business
a. Random Drug Testing
As part of the Lobster Advisory Council’s research on random drug testing Col. Joe Fessenden invited Port State Control Inspector Lt. Michael Ott of the Coast Guard to speak to the Council.
Lt. Ott explained that this is a complex issue and the Coast Guard requires testing of dangerous drugs, controlled substances and alcohol for individuals who obtain merchant marine documents and others who work in commercial shipping in order to have a drug free safe environment on larger commercial vessels. He also explained that individuals who are self-employed and hold a Coast Guard license – such as a 100-ton captain’s license are drug tested upon renewal. Lt. Ott said that drug testing requirements fall under federal shipping regulations and not under operating requirements. He explained that many maritime industry employers join or form a consortium (third party administrator) to act as a service agent to conduct the tests and cut down on costs. Lt. Ott explained that the federal shipping law specifically allows consortiums to handle testing and submit the necessary paperwork to the Coast Guard. He stated that the Coast Guard does not see the test. They just review it and it is their job to protect the people involved. Lt. Ott added that a co-op or association could take on a similar role as a consortium.
Col. Joe Fessenden stated that commercial fishermen are required to do an annual test, but the Coast Guard does not enforce this law. Bob Baines asked if this law is enforced anywhere in the country and Lt. Ott said he did not believe it was. Elliott Thomas asked if we could have a parallel law. Jon Carter said that a consortium may be a way of dealing with this and we could possibly make everyone join a consortium; maybe the State could make it mandatory. E. Thomas asked if sternmen also would be required to be in the drug-testing pool. J. Carter said it should be on the captain of the vessel. I’m not going to have a sternman who is screwed up working for me. John Drouin added that if the captain wants to take a sternman who is drunk or stoned, that’s one thing, but what if that person is running the boat.
Mike Dassatt of the Downeast Lobstermen’s Association said that the trucking industry uses self-employed truckers and the federal Department of Transportation requires them to submit to random drug testing. In this case, a consortium could notify lobstermen. He said it’s not that complicated. E. Thomas said you could make belonging to a consortium a prerequisite to obtaining your license each year. Dana Rice said everyday there are people operating under the influence on every harbor on the coast of Maine. We should look at enforcing the current laws on the books. J. Fessenden said there are laws in place to deal with that. If you’re impaired, you can’t operate, but it is very difficult for an officer to determine if someone is under the influence of drugs unless he has had DRE training. We have very few officers that have had that level of training. J. Drouin added that we are looking for something that the State can do such as revoke their license.
Bob Baines asked the council members if they wanted to continue this discussion. J. Carter said he didn’t want to let this slide and said he wants to professionalize our business. Why shouldn’t we hold ourselves to a higher standard if we can figure out a way to do this without the State incurring any cost? The Lobster Advisory Council voted to continue the conversation and form a Random Drug Testing Sub-Committee and those volunteering to be on the Committee are as follows: Jon Carter, Elliott Thomas, Sarah Cotnoir, Ted Hoskins, Bob Baines and Col. Joe Fessenden. Joe asked Lt. Ott if we could get a representative from the Coast Guard to be on the Sub-Committee and Lt. Ott said he would check into it. The Sub-Committee will meet and get back to the Lobster Advisory Council at a later date.
b. Legislation Update
There are some bills that have been introduced to the Legislature this year that are still being considered by the Legislature that may affect lobstermen. Sarah Cotnoir gave an update of the lobster bills that are still pending before the Legislature this session.
LD 16 – “An Act to Make Lobster Trap Molesting a Civil Offense”
This bill would decriminalize the offense of molesting a lobster trap and make it a civil offense. Sarah stated that DMR found out today that this bill has passed through the Legislature. Col. Joe Fessenden said that Marine Patrol has drafted a policy that will address the protocol of how each ticket will be handled. Joe said all cases will be reviewed by the Division Lieutenant before it moves forward to the DA’s office for prosecution. The Col. said he went before the Marine Resources Legislative Committee to testify on this bill and explained a few cases that were lost because one juror felt sorry for a person. In a criminal case you must prove beyond a reasonable doubt that the person is guilty. Joe stated that cases in Knox and Cumberland Counties are very hard to convict. This may make it much easier to get a conviction on a civil case. People were spending up to $30-40K to get out of a criminal charge.
LD 311 – “An Act to Create a Nonresident Lobster and Crab Landing Permit”
This bill creates a new permit that allows nonresident lobster fishermen to land their catch in a Maine port. Sarah said this bill is moving through the House as of today.
LD 509 – “An Act to Amend Laws Pertaining to Entry into the Lobster Fishery”
This bill makes the following changes to the laws governing entry into the lobster fishery.
• It makes 17 the youngest age at which one can obtain a Class I, II or III commercial lobster and crab fishing license.
• It creates a new lobster management policy council authority that would allow a zone to consider whether or not to create a separate waiting list for young people’s entry into that zone.
• It changes the method for calculating a zone’s exit-to-entry ratio from lobster licenses not renewed to trap tags retired in the previous year.
This bill provides that a person who is issued a Class I lobster and crab fishing license and is under 18 years of age may declare any zone as that person's declared lobster zone if that person lives on a year-round basis on an island within the coastal waters that is not connected to the mainland by any man-made structure. Sarah stated that this bill had passed the House and was waiting to be voted on by the Senate.
LD 1870 - “An Act to Provide Flexibility within the Monhegan Lobster Conservation Area”
Sarah gave an update of amendments to the original bill. The number of traps allowed by Monhegan fishermen cannot exceed 475. The window of time that can be fished will begin on October 1st and not exceed 250 days, and the requirement for those days to be consecutive was removed. This bill provides that the Commissioner of DMR may accept the open season and trap limits for lobster fishing once 2/3 of the registrants of the Monhegan Lobster Conservation Area have presented their proposal. The Commissioner may accept the preferences as reasonable or reject the preferences as unreasonable. The Commissioner shall consult with the Zone D Lobster council before making this decision. This bill increases the number of days a person must apprentice in the MLCA from 150 days to 200 days to match the apprenticeship requirements in other lobster zones. It also require that a person registered to fish lobsters in the MLCA must have harvested lobsters during 5 open seasons in that area before that person can fish elsewhere in Zone D without having to go on a waiting list. Ted Hoskins asked if there are implications of what you can and can’t do on an island. Sarah said that DMR has been having island discussions internally right now.
Sarah explained the student license eligibility as part of LD 1870 now includes that the Commissioner may revoke a student license of an individual who has ceased to be a full time student. In the past people have had a letter of enrollment drafted just to get their student license and never attend school. This bill would allow the DMR to revoke the license if we find out they are not going to school.
c. Groundline Presentation
Erin Summers, the Large Whale Scientist, updated the Lobster Advisory Council on the continued gear research work. She introduced Cullen Wilson, DMR’s Gear Specialist and point person for the Disentanglement Team. Erin said that the gear program has been giving out rope for a couple of years now and piggybacking on the ventless trap survey, as well as doing regional comparisons with tidal currents. Erin said that reports on some of the rope that was given out there was a lot of chafing and hangdowns. We are still doing strength testing on the rope. Erin said that if anyone still has any rope that they have been testing, she would appreciate hearing from them so she could get samples to test and get the data compiled and report back to the Take Reduction Team. Erin said that the rope they are giving out for testing this season hopefully will float higher. We will be putting loggers on it and look at trying to get closer to what will work on the hard bottom and trying to see how it differs.
Erin said that she and other scientists expect to be tagging right whales aboard the research vessel Stellwagen from mid-June through July 10th to determine where they feed in the water column, as well as swimming and diving behavior. Erin stressed that if you have sightings, please call me. The information will be kept confidential. Even the lack of right whale sightings is important information. Jon Carter asked what would happen if we did end up with a critical habit. Erin said she was pretty confident that they will not find a critical habit. Jon said if you could prove that then we do not have a problem.
d. Lobster Trap Construction Discussion
At the Lobster Advisory Council meeting in February, Sonny Sprague, a lobsterman from Swans Island, presented two ideas to the Council for consideration aimed at protecting lobsters. Sonny’s first proposal was to offer additional protection for large broodstock lobsters by requiring traps to be equipped with a larger biodegradable “ghost” escape panel. He suggested a 7” X 7” biodegradable panel on the parlor end of the trap door. Currently Maine law requires an unobstructed biodegradable ghost panel of 3¾” X 3¾” or an opening at least 3” wide along the entire length or height of the parlor section when the panel is removed or opened. This can be achieved by using a biodegradable panel or vent.
S. Sprague’s second proposal to the Council was to use smaller mesh panel on the bottom of the trap to prevent small lobsters or lobster claws and tails from getting crushed on the haul back. Sonny stated that a lot of fishermen in his area are having trouble with small lobsters getting caught in the mesh near the runners. S. Sprague asked the Lobster Advisory Council to consider both of his proposals and work toward helping fishermen take better care of our lobsters to provide for the future of the lobster industry.
At the last Lobster Advisory Council meeting in April, the council voted to table this discussion until Carl Wilson could present some of the research that had been done on escape panels.
Carl Wilson stated that Sonny’s proposed 7 X 7 would work as far allowing the oversized lobsters to escape, but he questioned where the opening should be. He questioned whether it would work on the door, would lobsters climb up to it. Carl said the location of the panel has not been studied relative to the behavior of escapement and the proposed 7 “X 7” panel on the door may be in the wrong location to allow oversized lobsters to get out. Carl said that work was conducted in the 1970’s, in Boothbay and Woods Hole. It was suggested that unbaited traps “fish” at a level nearly 10% of that of a baited trap. Of lobsters caught in ghost traps, 25% dies within 6 months. Wilson said it is unknown how long black iron hog rings, or other methods used to secure the biodegradable panel last in different areas. It is unknown how many traps are lost and never recovered each year.
Carl stated he would recommend future study of the behavior of large lobster escapement relative to biodegradable panel size. Location needs further investigation and assess the longevity of biodegradable panels in ghost traps. Wilson also suggested initiating a program to reclaim lost traps and to identify the distribution and occurrence of lost ghost gear in state waters. Carl said that there is money under NOAA and that we would want to do an independent study.
Sonny Sprague said he used 5” X 5” on the door, but 4” X 4” will work, just put it in the side. We have to do something for those large lobsters. Elliott Thomas said he was not opposed to it, but would like to know the best place to put it. Jon Carter said his concern is the implementation time. Larry Knapp said he wasn’t opposed to having a nice escape panel, but when they towed the camera around, they did not see any ghost traps. Gerry Cushman said when he mentioned it to Zone D fishermen, no one was opposed. John Drouin said Zone A had not discussed it. Dan MacDonald said Zone C was against the 5” X 5” and he would like to see a specific proposal. Bob Baines said what Sonny has proposed has merit. The Lobster Advisory Council voted to table the discussion and continue the discussions with lobstermen throughout the zones.
e. Lobster Ageing Study
Carl Wilson told the Lobster Advisory Council that they had a copy of an interim report in their packet from Brian Beal, Professor of Maine Ecology at UMM. Brian Beal is requesting an additional $6,000 to finish his project - the two final samplings of lobster ageing. One member said he was discouraged with what had been done. Another member said he did not think they should fund the study again.
MOTION: (J. Carter and J. Drouin) Not to fund the request from Brian Beal for further study on lobster ageing. Unanimous
f. Lobster Seed Fund
Carl Wilson told the Lobster Advisory Council that he was requesting funding to move forward with the monitoring programs. Jon Carter asked if there was a special process that we needed to go through. The process is a vote and recommendation from this Council for the $40,000 for continued monitoring.
MOTION: (E. Thomas and D. Rice) To fund $40,000 to continue the existing monitoring programs. Unanimous
g. Alternative Bait
At the last Lobster Advisory Council meeting in April, the Council voted to have DMR begin the rule-making process to require manufacturers to list the ingredients on packages of alternative bait. Maine law stipulates that the Commissioner may adopt rules to regulate the use of alternative bait in marine fisheries. ‘Alternative bait’ means any bait that does not naturally originate from the ocean.
Following up on the decision at the April meeting, the Lobster Advisory Council engaged in discussion about alternative bait labeling requirements. Some members thought a ban on alternative bait should be required and others thought the DMR needed to implement a labeling requirement and then test the product.
John Drouin said that in 2004 we had this discussion with the cow hide and there was a unanimous vote to ban alternative bait and we are now reviewing it again. Elliott Thomas asked what alternative bait is. Carl Wilson said that it is defined as any bait that does not naturally originate from the ocean. Bob Baines asked if we make them label it, who is going to test it? A lab, the State or the University of Maine and what standard would it be tested to. Dana Rice asked who could test the alternative bait. Carl asked the Council exactly what it wanted the testing to look for, heavy metals, pesticides, binders and/or something else. John Drouin said he thought we should ban alternative bait like we said 3 years ago. If we only require labeling, what about the resource? We should not take this chance.
Gerry Cushman said he agreed with John. If we just label it and the lobsters die and we don’t know the effects for 10 years, we will have a real problem. Pete McAleney said lobsters that eat alternative bait are weaker. Dan MacDonald said he did not disagree, but if someone comes up with an alternative bait and doesn’t want to go through the testing process, then it should be banned. Pete said he is against alternative bait because the manufacturers are not going to spend a lot of money testing it. Jim Henderson said he brought the “puck” to the LAC for discussion. With the concern for a bait shortage, banning alternative bait should be completely thought through. Bob Baines said at the last LAC we voted to require labeling. Jon Carter said he agreed with John Drouin that we should not put something in the ocean that did not originate there.
The Department would need to discuss labeling versus banning. Either option would require rulemaking.
MOTION: (G. Cushman and P. McAleney) To recommend that DMR begin the rulemaking process to ban alternative bait rather than moving forward with the labeling requirement. 9 in favor, 1 opposed, 1 abstained.
4. Old Business
5. Reports and Updates
a. DMR Updates
o Rulemaking
The apprentice requirement for Zone A to require a sponsor of an apprentice to have held a Class I, II or III lobster and crab fishing license for at least 5 years and require that an apprentice may enter Zone A only if the apprentice apprenticed in Zone A went in to effect on May 2nd.
Zone B has started the same rule-making process. Zone C has sent out a questionnaire to zone council members asking if they support limited entry in Zone C. Zone G has sent out a questionnaire to fishermen asking if they support the apprentice requirement to require a sponsor of an apprentice to have held a Class I, II or III lobster and crab fishing license for at least 5 years and require that an apprentice may enter Zone G only if the apprentice apprenticed in Zone G.
Dealer reporting is scheduled to be in place by January 2008.
o ASMFC
Col. Joseph Fessenden of the Maine Bureau of Marine Patrol received the Award of Excellence in the area of law enforcement from the ASMFC. “Colonel Fessenden has over 30 years of experience in marine law enforcement and is a strong believer in cooperative resource management along the Atlantic coast. His dedication to cooperative law enforcement is demonstrated by his long-term commitment to the Commission's Law Enforcement Committee and species management boards. He participates in the Law Enforcement Committee because of importance he places on coordinating with his state and federal colleagues and sharing new ways of conducting marine fisheries law enforcement. He has also been a strong proponent of standardized reporting of law enforcement activities and an effective voice for law enforcement concerns in the Commission’s management process. He dedicates valuable time to the species management boards for Northeast species including, American lobster, Atlantic herring, northern shrimp, and winter flounder. Colonel Fessenden has also been a leader in the concept of Joint Enforcement Agreements (JEA) with the National Marine Fisheries Service. The JEA program has allowed states and federal fisheries enforcement officials to enhance our collective ability to monitor and enforce fisheries laws, a critical component of all fisheries management programs. His leadership also helped establish the cooperative program with the U.S. Coast Guard on maritime security. Following the establishment of this program, his state became the first in the nation to take advantage of this cooperative program. His contributions demonstrate a long-standing commitment to cooperative marine fisheries law enforcement, characteristics which help the Commission fulfill its mission of restoring and managing Atlantic coast fisheries resources.”
Carl Wilson reported at the ASMFC meeting in May the council approved Addendum XI which establishes measures to rebuild SNE stock of the American Lobster. The Addendum also institutes a comprehensive rebuilding plan that includes the following management measures for all SNE lobster fisheries (commercial trap, non-trap, as well as recreational harvesters):
• Minimum size of 3 3/8” for all SNE areas (Lobster Conservation Management Areas (LCMAs) 2 inshore SNE, 4 - inshore Northern Mid-Atlantic, 5 - inshore Southern Mid-Atlantic, and 6 - New York and Connecticut State Waters) except for all Area 3 permit holders (offshore waters) who would still be bound by the schedule of minimum size increases terminating at 3 ½” in 2008.
• Maximum size for males and females of 5 ¼” for all SNE areas (LCMAs 2, 4, 5 and 6). For vessels fishing in Area 3 the maximum size shall be 7” and shall be lowered 1/8” per year for the following two years resulting in an eventual maximum gauge of 6 ¾”.
• Delay the Area 3 vent size increase that coincides with the minimum gauge increase of 3 ½” to 2010.
• V-notch definition would be changed to 1/8” for all SNE areas, including Area 3. Under this option a v-notched lobster would be defined as any female lobster that bears a notch or indentation in the flipper at least 1/8” deep, with or without setal hairs. “V-notched female lobster” also means any female that is mutilated in a manner which could hide, obscure or obliterate such a mark.
• V-notching by fishermen of legal egg-bearing lobsters would be a voluntary measure, and fishermen would be encouraged to notch egg-bearing legal-sized females to contribute to rebuilding.
• Area 3 active trap reductions shall be 2-½ percent per year in 2009 and 2010 (to immediately follow the 2007 and 2008 five percent trap reductions.) Other LCMA-specific trap reductions would be studied for future implementation with LCMT input. The Plan Review Team (PRT) and the Technical Committee would examine the status and relative effectiveness of various effort control plans before future trap reductions are considered. Specifically, the PRT and Committee would study the degree of latent effort that remains in the fisheries as affected by current effort control plans in LCMAs 2, 3, 4, 5, and 6.
o Patrol Update
Col. Fessenden reported that this year it is taking between 5-6 weeks for tags to come in after they are ordered. Joe said that if fishermen have waited more than 3 weeks and have not received them, to call their local Marine Patrol Officer and he will give you permission to fish.
Marine Patrol has three officers graduating from the academy tomorrow. We have 4-5 openings, but no money to fund the positions, and we lost funding for 5 openings.
o Commercial Fishing Safety Council (CFSC) Update
Bob Baines said the next meeting of the CFSC has not been scheduled. He stated that he and another member of the CFSC testified to the USCG & Aviation Subcommittee on Transportation & Infrastructure to the House of Representatives on Training & Commercial Fishing Safety on April 25th in Washington, DC. Bob said they testified on three major issues, among other items:
1. The boundary line – which is seen as an arbitrary line. The recommendation would be to change the boundary line to the state three mile line.
2. Create parity between state registered vessels and documented vessels with regard to safety requirements.
3. Allow Marine Patrol Officers to enforce federal fishing safety regulations.
Col. Joe Fessenden said that Bob did an outstanding job with his testimony in Washington, DC for the lobstermen of the State of Maine.
b. Zone/Industry Issues – Summaries
Zone A: No meeting
Zone B: At our last meeting Sonny came and talked about the size increase in the biodegradable panel.
Zone C: Is sending out questionnaire for council review to see if Zone C wants to pursue limited entry.
Zone D: Meeting is next Tuesday and will talk about a closed season.
Zone E: Meeting on June 5th.
Zone F: Haven’t had a meeting and will probably not meet again until the fall.
Zone G: Trap limit discussion died.
6. Set Next Meeting Date and Agenda
The date for the next Lobster Advisory Council meeting has not been set.
MOTION: (J. Carter and B. Baines) To adjourn. Unanimous.
The meeting adjourned at 7:40 pm.
