Maine Lobster Advisory Council Meeting Minutes
August 30, 2006
Department of Human Services Conference Room – Augusta, Maine
August 30, 2006 – 5:00 p.m.
A meeting of the Department of Marine Resources’ Lobster Advisory Council (Council) was held on this date at the Department of Human Services on Civic Center Drive in Augusta. 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), Elliott Thomas (Zone F), Dana Rice (Eastern Dealer), Ted Hoskins (General Public Member) and Cappy Sargent (Non-Zone Lobsterman). Council members not present included: Dana McIntire (Non-Zone Lobsterman), Larry Knapp (Zone E), and Jim Henderson (Zone G). Commissioner George Lapointe, Deputy Commissioner David Etnier, Deirdre Gilbert, Colonel Joe Fessenden, Jeni Menendez, Kathleen Reardon, Carl Wilson, Mark Gosselin, Sarah Cotnoir, Donna Dyer and Donna Hall of the Department of Marine Resources were also present. Others present were Rep. Leila Percy, Sen. Dennis Damon, Patrice McCarron, Laura Ludwig, Clare Grindal, Mike Myrick, Shelia Dassatt, Michael Dassatt and Rosanne Mizzoni.
The meeting convened at 5:10 p.m.
1. Welcome and Review of Agenda
Introductions were made around the room. Deputy Commissioner Etnier introduced two new DMR employees: Donna Hall and Donna Dyer.
2. New Business
None
3. Old Business – Effort
Dep. Commissioner David Etnier spoke about the handout “Feasibility of the Use of the Sales Tax Exemption Card”. He stated that Sarah Cotnoir, Deirdre Gilbert and he went to Maine Revenue Services and met with Dennis Hopkins of their staff to research the issue further and that the information in the handout summarizes what they learned. In summary, using the Sales Tax Card will not assist DMR in using tax information to create a “tiered” license system.
D. Etnier asked the Council to review their handout “Adjustments to Existing Limited Entry Provisions for the Lobster Fishery”. The primary purpose of this meeting will be to finalize any recommendations that the LAC wishes to bring forward regarding effort control. DMR has until the 1st of October to submit initial drafts of Department Legislation on these provisions. David explained that public hearings will be held in early October for the Safety Component piece. The Commercial Fishing Safety Council drafted language to implement a United States Coast Guard approved Fishing Vessel Drill Conductor Training course into the apprentice program. There was majority support for this component. Dan MacDonald stated that Zone C wanted voluntary compliance and not to make this mandatory.
Discussion began on the requirement for all Students/Apprentices to pass a basic lobstering test prior to getting their commercial license. There was full LAC support for this initiative. Jon Carter asked who would draft the test. D. Etnier said that this would be a new process for DMR. Gerry Cushman volunteered to help with drafting the test.
D. Etnier opened discussion about requiring that Student license holders be 17 prior to obtaining a commercial license. This would require a law change. DMR suggests changing this proposal to age 17 instead of 18 as originally discussed. David explained that moving the age to 17 would allow Students that have graduated at age 17 to obtain their commercial license and that age 18 may be making them wait too long. John Drouin stated that changing the age does nothing for effort and this is something he would like to talk with the fishermen about. David stated that was something that the LAC voted on at the last meeting in Hallowell and stated again what this would mean to some Students if they finished High School prior to their 18th birthday and wanted to obtain their commercial license. Bob Baines asked if everyone was comfortable with leaving it at 17. The majority continued to support that license holders be 17 prior to obtaining a commercial license. John Drouin restated that his zone wanted to leave the Students alone.
There was unanimous support by the Council to require Student license holders to fish as a sternman for a Class I, II, or III license holder for a minimum of ½ their total apprentice time. This is allowed under current law. DMR recommends ‘grandfathering’ those already logging apprentice time.
D. Etnier opened the discussion about requiring a Student License holder to complete High School or get a GED prior to obtaining a commercial license. This would require a law change. DMR questioned if this was more of a social policy and suggested removing this requirement. Jon Carter said he would like to see this pass because he has been told by many people that kids have to quit school to get their licenses, but he says he knows we cannot do this. Cappy Sargent said he thinks you should have to obtain a Diploma/GED in order to get a commercial license. David said that DMR listened to the Councils stating that the State should not set the age when someone graduates from High School. Rep. Leila Percy stated that we should send a message that a person needs to have a GED/Diploma to get a commercial license. Legislature is trying to support small businesses and believes this is a social issue. Sen. Dennis Damon also supports the education requirement. G. Cushman said he wants to have the educational part in this. J. Carter stated maybe there could be a grace period for them to complete in order for them to be eligible. Clare Grindal stated that when we talk about this, we are talking about responsible parents. She asked why we can’t have this education piece. Patrice McCarron asked for a definition of a student, which was explained. Ted Hoskins said he wishes the fishermen could understand that the education piece is supported by the majority of the fishermen and that it is not the State suggesting this. D. Etnier asked if this is what the LAC wants and if it is, DMR will support it. The majority of the Council supported the education component.
There was a question about random drug testing. Col. Joe Fessenden stated that he supports random drug testing for all commercial fishermen and not just lobstermen. There is a law in place that allows Marine Patrol to request a drug test and failure to pass that test could lead to revocation of a commercial license. The Department can look in to adding language about drug testing to our law. Col. Fessenden said it would be a discussion for the Commercial Fishing Safety Council (CFSC) and they would ask the AG’s office for advice. The LAC unanimously supported random drug and alcohol testing. Bob Baines will put this on the agenda for the CFSC.
D. Etnier opened discussion about having a separate waiting list for Students as a Zone option only. This proposal would allow zones to establish a separate waiting list for students, instead of allowing them to get in without going on a waiting list. This would require a law change to give zones this authority. Elliott Thomas asked if they could fish their 150 traps and David explained that they could continue to fish their 150 traps until they are able to enter the zone. J Drouin stated that you can still go in to another zone and said he doesn’t think we should address this. E. Thomas said Zone F voted in favor of it. J. Carter said when we voted for limited entry, we did not get what we thought we were getting. C. Sargent said as long as it is a zone option, then leave it in there. B. Baines asked if the LAC wants to support this as written. J. Drouin said he thinks we should just leave the students alone. B. Baines said we are trying to effect effort. D. Etnier explained that all the things we have talked about will slow down entry. G. Cushman stated that at the all day meeting we discussed this and pretty much everyone agreed as long as it was zone option. (7 in favor, 1 opposed and 1 abstained).
Chair B. Baines asked if there was any concern with students getting only 300 tags upon entering the fishery. J. Drouin stated that the students should be able to increase their traps if they go through the program. A suggestion was made to let students get their commercial license, along with 300 tags held in escrow and build tags at 100 per year until they turned 17. When they turn 17, they could fish the number of traps that they’ve built up since they were eligible to get their commercial license. There was minimal support.
Cappy Sargent asked about the tags versus licenses. B. Baines said the real effort is in the tags. J. Carter said he would vote for this Statewide, but not zone by zone. G. Cushman said that the 4,000 out to 800 in is a good concept. David explained that if the zones use tags instead of licenses, the zones would need to re-vote on their ratios.
MOTION: (J. Carter and G. Cushman) To switch from using licenses in the exit/entry ratio to using trap tags. (6 in favor, 1 opposed and 2 abstained).
4. Reports and Updates
a. DMR Updates
ASMFC: The ASMFC Lobster Management Board recently approved sending forward for public comment the Public Information Document (PID) for the Draft Amendment 5. There are 7 issues in this PID:
1. Changes to the boundaries for the LCMAs
2. Uniform V-notch definition
3. Uniform maximum size
4. Uniform minimum size
5. Restrictions on area permits
6. Non-trap sector daily allowances – counts vs. pounds
7. Adding a new objective to the management plan
Four public hearings have been scheduled:
September 14 Rockland
September 18 Portland
September 20 Ellsworth
September 21 Machias
The written comment period ends September 27, 2006.
Seed Lobster Fund: This year’s research objectives will include Growth & Aging; Efficacy of Hatcheries and an external peer review for the monitoring program.
MOTION: (J. Carter and D. Rice) To accept the seed lobster fund recommendations as described below:
At the end of March, the projected funds that would be available at the end of the fiscal year were $194,058. At the April LAC meeting, the breakdown was as follows:
Discretionary/Buffer $ 10,000
Lobster Pounds 25,000
Ongoing Monitoring 40,000
Split between 7 zones ($14,000/zone) 98,000
$173,000
This would have left $21,058 in the fund. Unanimous.
Since the last LAC meeting…The actual funds in the account at the end of the year (June 30, 2006) were $160,888. Using the same first three line items above, the amount allocated for each of the zones will have to be reduced to $11,000, which would leave $8,888 in the fund.
b. Zone/Industry Issues – Summaries
• Members did not give zone updates since they were part of the earlier effort discussions.
• As another way to reduce effort, a member suggested not allowing people to own two boats.
• Another issue that was suggested about the apprentice program. If you are prosecuted while you’re doing the apprentice program, then you should be out of the program.
GOMLF: Laura Ludwig from the Gulf of Maine Lobster Foundation (GOMLF) spoke briefly about the experimental rope buyback program. The program has been funded with a federal grant of just under $2 million that expires at the end of 2007. This could help offset the cost of switching from float rope to sink rope through a system of vouchers. The GOMLF will be sending out a questionnaire to lobster license holders to determine how much interest there is in the program.
5. Set Next Meeting Date and Agenda
The next meeting date was not set.
MOTION: (J. Carter and D. Rice) To adjourn. Unanimous.
The meeting adjourned at 8:30 p.m.
