Maine Lobster Advisory Council Meeting Minutes
April 18, 2007
Department of Marine Resources
Lobster Advisory Council Meeting Minutes
Department of Human Services
442 Civic Center Drive, Augusta
April 18, 2007 – 1:00 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), Elliott Thomas (Zone F) and Dana McIntire (Non-Zone Lobsterman). Council members not present included: Jim Henderson (Zone G), Dana Rice, (Eastern Dealer), Cappy Sargent (Non-Zone Lobsterman), Larry Knapp (Zone E), Ted Hoskins (General Public Member) and Peter McAleney (Western Dealer Member). Commissioner George Lapointe, Deputy Commissioner David Etnier, Deirdre Gilbert, Colonel Joe Fessenden, Kathleen Reardon, Trisha Cheney, Jeni Menendez, Sarah Cotnoir, Carl Wilson, Terry Stockwell and Donna Hall of the Department of Marine Resources were also present. Others present were Ted Bear, Bill Doane, Lyman Kennedy, Charles Gray, Howard Gray, Michael Dassatt, Shelia Dassatt, Patrice McCarron, Joe Bates, Clare Grindal, Sonny Sprague, Peter Eaton, Ed Hutchins and Rosanne Mizzoni (Commercial Fisheries News).
The meeting convened at 1:15 p.m.
1. Welcome and Review of Agenda
John Drouin stated that he did not see the discussion of oversized lobsters on this agenda and he would like to have the issue placed on the next meeting’s agenda.
2. Approval of Minutes (February 13, 2007)
MOTION: (J. Carter and E. Thomas) To accept the minutes of the February 13, 2007 as written. Unanimous.
3. New Business
a. Legislation Update
There are several bills that have been introduced to the Legislature this year that are being considered by the Marine Resources Committee that may affect lobstermen. Deputy Commissioner David Etnier gave the Lobster Advisory Council an update of the lobster bills as the bills have moved through the Legislature this session.
Below is a summary of their current status:
LD 16 – “An Act to Make Lobster Trap Molesting a Civil Offense”
This bill would decriminalize the offense of molesting a lobster trap and makes it a civil offense.
Status: Majority ought not to pass.
LD 92 – “An Act to Modify the Boundaries of Maine’s Lobster Fishing Zones”
This bill restricts lobster management zones from extending beyond the 3-mile limit as set by the National Oceanic and Atmospheric Administration and prohibits rules that would allow a holder of a lobster and crab fishing license declared for any particular zone more traps beyond the 3-mile limit than any other holder of a lobster and crab fishing license.
Status: Public Hearing April 2nd, Work Session April 9th – Majority ought not to pass.
LD 170 – “An Act to Permit the Landing of Lobsters Harvested by Methods Other Than Conventional Traps”
This bill is an emergency measure that takes effect on approval. It creates an offshore lobster and crab landing license that allows the holder to harvest lobsters other than by conventional lobster traps from the EEZ Offshore Lobster Management Area 3 and land those lobsters in the State. It sets the limit for the number of lobsters that can be harvested under this license at 100 lobsters for a fishing trip of 24 hours or less in duration, with a maximum limit of 500 lobsters with a period of 7 consecutive days. This bill provides for the allocation of revenues raised by the new license to the Lobster Fund and the Lobster Promotion Fund.
Status: Ought not to pass – This bill is dead.
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.
Status: Majority ought to pass.
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.
Status: Majority ought to pass. This majority report provides that a person who lives year-round on an island is not required to go on to the waiting list proposed in the bill for people under 18 years of age should a zone adopt that option.
LD 621 – “Resolve, To Establish a Lobster Trap Tag Transfer Program”
This resolve requires the Commissioner of Marine Resources to establish a lobster trap tag transfer program that allows the holder of lobster trap tags to sell or otherwise transfer any number of that person’s lobster trap tags to another person who holds a valid lobster and crab fishing license. It provides that the program must include a cap on the number of trap tags at no more than 2006 levels and a $5 transfer fee. Revenues raised under this program must be used to fund lobster restocking or for other comparable conservation measures. This resolve directs the Commissioner of Marine Resources to submit the draft lobster trap tag transfer program and draft legislation to implement the program to the Joint Standing Committee on Marine Resources by January 11, 2008.
Status: Ought not to pass – This bill is dead.
LD 691 – “An Act to Modify Lobster License Fees”
Currently a person 70 years of age or older is eligible to pay a fee of $56 for a lobster and crab fishing license. If that individual wants a helper, the fee increases to $228.50. This bill decreases the fee for a Class II license, which allows for the hiring of a helper, from $228.50 to $145 for a person 70 years of age or older.
Status: Ought to pass – Amendment also provides a half price Class III license, but adds on a portion of the Maine Lobster Promotion Council surcharge.
LD 1594 – “An Act to Amend the Laws Governing Closed Periods for the Hauling of Lobster Traps”
This bill changes the closed period for hauling lobster traps from June 1st through October 31st to June 1st through August 31st.
Status: Public Hearing April 9th, Work Session is scheduled for April 25th.
John Drouin stated that a similar bill to LD 1594 had been introduced before but failed because it had no support. He said he thought the wording should be amended to say coastal waters, not territorial waters. He said there is a lot of confusion about this bill and that people should go to the work session. D. Etnier said he had researched the bill and it had been on the books for about 50 years and that it applies to wherever you fish as a Maine license holder. DMR opposes this bill because it would increase effort and make it more difficult on Marine Patrol. Jon Carter said he had a problem supporting this bill because he is concerned with effort control, something that the zones have worked very hard for. J. Carter also said that he didn’t think this would work as a zone option and that you can’t change something for a small group. J. Drouin said it is not just a tide issue Downeast and that a lot of things have changed. The law was changed long before the effort reduction issues and now the law is being enforced.
Colonel Joe Fessenden said that back in 2001 we clarified all laws to make it clear what you can do inside and what you can’t do. We got complaints that 3-4 boats in the Cutler/Downeast area were out fishing ½ hour before sunrise and if we get a complaint like that we will address it. However, we are spread pretty thin with 35 officers to enforce all laws and it’s pretty difficult to be out there in the middle of the night. Gerry Cushman said he didn’t think this bill was a good idea because it would be very difficult to enforce. Bob Baines said this bill is not about conservation and he did not think it was a good idea and he thought they should make a recommendation to hold the bill over until all zone councils had a chance to discuss it.
The majority of the Lobster Advisory Council did not support this bill and wanted to talk with Zone Council members for input.
Monhegan Bill - David Etnier told the Lobster Advisory Council that he had just been made aware of bill that State Rep. Leila Percy had sponsored as an emergency bill to increase the length of the season and reduce the number of traps for the Monhegan Island Lobster Conservation Area. The change would allow Monhegan lobstermen to begin fishing in September instead of December and to control effort by reducing the number of traps fished from the current number of 600 to a maximum of 475. David said that Monhegan lobstermen have indicated they would like to spread out their season due to adverse weather in the winter months. The Monhegan bill does not have an LD number assigned to it yet, but the Deputy said he expects it soon and then he will know the exact language of the bill.
b. “An Act to Protect Fishing Families” Howard Gray
Howard Gray, a fisherman from Scarborough, presented the LAC with a draft bill he would like to submit to the Legislature. The draft bill would authorize the transfer of a commercial lobster and crab fishing license to a son or a daughter. This bill would require the transfer to be a zone option and would apply to Class I, Class II and Class III licenses and the son/daughter would have to have completed the apprentice program. The parties would have to notify the DMR in writing as well as meet with someone at DMR to complete the transfer. The holder of the reissued license would have to engage in lobstering within three years of the reissue date or the license would expire and an individual with a reissued license would not be allowed to set more than 300 traps during his or her first year of lobstering. In the draft bill, Mr. Gray stated that the transfer would allow a family’s fishing heritage and knowledge to be passed on to the next generation. Mr. Gray, who has had a lobster license since 1963, has a son who previously gave up his license and now would like to return to the family business.
Elliott Thomas said that there is no conservation equivalency with this proposal. What it does is change the exit ratio to 1 to 1 and we should stay away from this. J. Carter said that basically we would just be handing a license over from one individual to another and it goes against everything that has been put in to place. J. Drouin stated that he felt we would end up with problems if we do this. B. Baines asked Mr. Gray when he intended to put this bill in and Mr. Gray said it didn’t seem to get the support he had hoped for and he may wait a few years and try again. Dana McIntire told Mr. Gray that his proposal is not without merit, but our effort reduction has not worked the way we would have liked it to have in the past 10 years. The devil is in the details.
MOTION (J. Carter and G. Cushman) After much discussion, the Council tabled consideration of the draft bill until all the zone councils have had a chance to review it. (6 in favor, 0 opposed, 1 abstained)
c. MLPC Board Nomination
A letter of recommendation to consider Nick Lemieux as a new member of MLPC was presented to the Lobster Advisory Council. This vacancy represents the Downeast Region as a harvester member.
MOTION: (E. Thomas and G. Cushman) To nominate Nick Lemieux to the MLPC board. Unanimous.
Commissioner Lapointe stated that Kristen Millar, Executive Director of the Maine Lobster Promotion Council is leaving to take another job at the end of the month and that a search is on for a new Director.
d. Artificial Bait
At the last Lobster Advisory Council meeting in February, Zone G Council member Jim Henderson brought in the alternative bait known as “The Lobster Puck” for Council members to inspect and requested that DMR look in to requiring the labeling of its contents.
Deputy Commissioner David Etnier said that through rulemaking, DMR could require a manufacturer to list the ingredients. Currently there is a specific law regulating bait that bans the use of animal offal. David said that all we can do is require the manufacturer to list the ingredients, but we have no way of determining if it is harmful. The puck’s distributors advertise it as being “a true all-natural fish bait” that does not contain byproducts.
John Drouin said if it doesn’t come from the ocean, then it shouldn’t go in the ocean. Gerry Cushman stated that he can’t even fathom that fishermen would even think of putting bait on the bottom without knowing what’s in it and said we’ve got to protect the resource. Bob Baines asked if there was a set of standards that manufacturers had to go by. D. Etnier said the only standard was a person may not use offal as bait to fish for or take lobster or crabs. "Offal" means the carcass, waste parts, renderings or remains of a wild or domesticated animal that is not a marine organism, but does not include animal hide from which the hair has been removed.
B. Baines said that alternatives may be needed as bait supplies become low, but at the same time we want to know what we are feeding lobsters. There was a suggestion to ban artificial bait altogether. J. Drouin wants to talk with zone council because if the bait shortage persists, he thinks the zones would vote differently. Members wanted to table the artificial bait discussion in order to get feedback from the zone councils.
MOTION: (G. Cushman and E. Thomas) To recommend that DMR begin the rulemaking process to require manufacturers to list ingredients on packages of artificial or alternative bait. 6 in favor, 0 opposed, 1 abstained
e. Seed Fund
Last fall, the Council made $40,000 available from the Seed Lobster Fund for research and agreed the priority for this RFP would be: Lobster growth and aging; and the efficacy of lobster hatcheries. Carl described two Seed Lobster Fund projects that were recommended by a review panel made up of council members and DMR staff. Carl said these projects were submitted during last December’s request for proposals.
The first of the two recommendations, titled, “Performance of Hatchery-Reared vs. Wild-Caught Juvenile Lobsters,” was submitted by Jonathan Grabowski, Steven Jury, Brian Tarbox, Brenden Ready and Curt Brown. The amount requested was $24,310 and the amount approved was $7,000. The review panel supported the portion of the proposal that seeks to assess predation risks to hatchery vs. wild-caught juveniles by investigating the exposure to predator odors and size differences. The panel did not support proposed tethering experiments.
The second project that the panel recommended, titled, “Measuring Growth of Individuals of the American Lobster from Settlement to Harvest,” was submitted by Robin Alden, Executive Director of Penobscot East Resource Center, which administers the Zone C lobster hatchery. The amount requested was $49,582 and the amount recommended to be awarded was $33,000. This project will assess the impacts of release sites relative to unseeded control sites. The study sites were selected based on having low lobster densities yet suitable substrate. The panel review did not support funding of the “expanded rearing capacity for Stage V+ lobster” but did support the elevation of post release, impact, attrition and growth factors. The Council also approved a separate request for funding of the Lobster Monitoring Peer Review, which will be a two-day effort by a yet-to-be determined panel to review DMR’s lobster programs – port and sea sampling, settlement survey, inter-tidal survey and the landings program, at a cost not to exceed $9,500.
MOTION: (D. MacDonald and J. Carter) To accept the proposals of the Lobster Seed Fund review panel’s recommendations. Unanimous
f. Lobster Trap Construction Discussion
Bob Baines stated he wanted the Lobster Advisory Council to continue discussion of Sonny Sprague’s proposals of requiring traps to be equipped with a larger biodegradable escape panel and the use of smaller mesh panels on the bottom of the trap.
At the last LAC 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 7½” X 7½” 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.
Jon Carter pointed out that fishermen would have to be allowed enough lead time to come into compliance with any increase in the biodegradable panel. He stated that he is in favor of a larger escape panel, but that he brings his gear home and a lot of guys don’t. He said implementation time would be an issue. Bob Baines asked what size lobsterman could go with in order to get the large lobster out without weakening the door. B. Baines said he does support these ideas; however, there is a cost factor involved, plus the burden of doing it. John Drouin said he sees nothing wrong with making the change to 3 X 5, but he thought 5 X 5 was too much. G. Cushman said he agreed with Sonny’s proposal 100%.
Sonny said he does have some panels that are 5 X 5 and it doesn’t weaken the door or get in the way of the bungee cord. Carl Wilson said that quite a bit of work has been done on panel size and he had planned to bring that information to this meeting, but due to the Patriot’s Day storm he had not be able to get to his office in Boothbay and could bring it to the next meeting.
G. Cushman recommended the LAC table this discussion until the next meeting when the Council could hear about the research that C. Wilson had done. Bob Baines asked Carl if he would present the research at the next Lobster Advisory Council meeting for the Council’s consideration of Sonny Sprague’s proposal.
4. Old Business
Jon Carter asked to see mandatory drug testing as an agenda item on the next Lobster Advisory Council meeting. Jon said he had done some research to see how the Department of Motor Vehicles administers their laws on drug testing of commercial drivers and he would like the LAC to consider his proposal.
5. Reports and Updates
a. DMR Updates
Rulemaking
Terry Stockwell gave an update on some proposed rulemaking in the process. ASMFC’s Spiny Dogfish and Coastal Sharks Management Board voted in January to increase the 06/07 quota to allow for a maximum harvest of six million pounds and to set state specified trip limits for the 07/08 fishing season at 3,000 lbs. This proposed regulation would implement an increase in the trip limit for spiny dogfish in Maine’s territorial waters from 600 to 3,000 pounds per day when a concurrent federal and state waters closure is not in effect. When the annual quota for dogfish has been reached the public would be informed by public notice in a newspaper of statewide circulation. This amendment would provide for compliance with the ASMFC Fisheries Management Plan for spiny dogfish.
There are also proposed amendments that would bring Maine’s herring regulations into compliance with ASMFC, Technical Addendum I to Amendment 2 to the Interstate Fishery Management Plan for Atlantic Herring regarding zero tolerance of spawn herring taken from within a restricted spawning management area. The vessel transit provision, when carrying legally caught spawn herring, would also be amended to require that all fishing gear be stowed when transiting a closed area. Terry said Maine should pay close attention to these amendments.
Terry stated that NOAA Fisheries has set the 2007 Area 1A Herring Total Allowable Catch (TAC) at 50,000 metric ton and 2008 & 2009 TAC at 45,000 metric ton. This significant reduction from the recent 60,000 metric ton TAC was considered necessary due to several years of declining stock abundance. The New England Fishery Management Council plans to review the stock status annually, which may allow the Council to adjust specifications during the interim years if necessary.
In mid-May a public hearing will be held by the New England Fisheries Management Council and DMR on Draft Amendment 11 to the Atlantic Sea Scallop Fishery Management Plan. Amendment 11 proposes to adjust measures to control capacity and mortality in the Federal general category scallop fishery and set a limited entry program with specific qualification criteria.
ASMFC
At the May ASMFC meeting the Lobster Board will be discussing Amendment 5, which includes increasing the gauge size (except for Area 3, offshore waters), more uniform v-notch, maximum gauge, and a moratorium on transferring permits into Area 1.
The Lobster Board approved Addendum X, which establishes a coast wide reporting and data collection program that includes dealer and harvester reporting. Carl reported back from the Technical Committee that they need at least 30% harvester reporting.
Whale Update
Patrice McCarron updated the Council on the lawsuit filed against the National Marine Fisheries Service by The Ocean Conservancy and Humane Society in February for failing to meet deadlines for filing new whale protection rules as required by the Marine Mammal Protection Act. Patrice said on April 16th the MLA filed for intervener status and waiting to hear if the court will accept it.
Bob Baines said The Downeast Lobstermen’s Association and the Southern Maine Lobstermen’s Association have both donated money to help with this lawsuit. Bob said the MLA is taking the lead but this affects the whole industry and would encourage everyone to be part of this.
Patrol Update
Colonel Joe Fessenden said the Marine Patrol Officers will be working in conjunction with a group of fishermen from Long Island who obtained a special permit and funding for a pilot project working with Theresa Torrent-Ellis of the State Planning Office to drag for ghost traps. Joe stated that all gear will be hauled in to Portland and gear that can be identified will be returned to the owner and gear that cannot be identified will be disposed of.
Col. Fessenden said that Marine Patrol has been advised that there is still a big problem with wet storage especially offshore. Draggers are being hampered by gear that is either being left in for the winter or that is only being tended every 30 days to meet the state rule. Based on feedback we are receiving, we will be placing additional effort into the enforcement of this regulation. I would encourage fishermen to pass on information. If you know of areas where lobster gear is being wet stored in violation, please contact your local Marine Patrol officer. Please provide as specific information as possible as to the gear location so that we can be as effective as possible.
Col. Fessenden stated that Georgetown lobster fishermen reported significant gear loss to herring purse seiners in 2005 and 2006, primarily in September and October. Several industry meetings were held this past winter in an attempt to focus on the problem and to look for solutions. After meeting with both groups separately, the Department brought them together to try to find common ground and to attempt to find a reasonable solution, short of legislation. Although the process was a lengthy one, earlier this spring a tentative gentlemen’s agreement was agreed upon by representatives from both groups (the Georgetown Lobstermen and Purse Seiners). The agreement creates an area referred to as the Seiner Bottom where the majority of the herring have been captured in the past. Seiners will be restricted to this bottom, while lobstermen will be able to fish there, but at their own risk. An outside boundary was also established that will be closed to the herring boats, thus creating a safe area for lobster gear. Seiners will provide 48 hours notice before coming into the Seiner Bottom to allow lobstermen to remove or shift gear if they desire. Maine Marine Patrol will be playing a role by assisting in getting the word out when the seine boats are coming, as well as overseeing the agreement and monitoring the area.
Commercial Fishing Safety Council (CFSC) Update
Bob Baines said the next meeting of the CFSC is scheduled for today at 5:00 pm. He stated that himself and another member of the CFSC were invited to testify 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 their testimony would consist of 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.
b. Zone/Industry Issues – Summaries
Zone A: John Drouin said actions of plans to establish two liquefied natural gas (LNG) facilities in his part of the State (Quoddy Bay LNG of Perry and Downeast LNG of Robbinston) had prompted him to attend a meeting at the Cobscook Bay Resource Center where issues related to the LNG terminal plans were discussed, such as: proposed routes for ships, security and safety zones. Canada is opposed to LNG ships using Head Harbor Passage; the narrow shipping channel provides the only deep water access from the Atlantic Ocean to the proposed Maine terminal sites.
Zone B: Jon Carter reported that Zone B has an upcoming meeting on April 26th.
Zone C: Dan MacDonald stated that Zone C is scheduled to meet on the 24th of this month.
Zone D: Gerry Cushman stated Zone D will have a meeting next week and will be discussing the Monhegan bill and Sonny Sprague’s proposal.
Zone E: No Zone E representative present.
Zone F: Elliott Thomas reported that Zone F can’t seem to get a quorum.
Zone G: Peter Eaton reported that there may be a vote going on in Zone G to reduce the trap limit to 600.
6. Set Next Meeting Date and Agenda
The next meeting will be on May 24, 2007 at 5:00 pm at the Department of Human Services, 442 Civic Center Drive, Augusta.
MOTION: (J. Carter and B. Baines) To adjourn. Unanimous.
The meeting adjourned at 4:00 pm.
