Maine Lobster Advisory Council Meeting Minutes
February 13, 2007
Department of Marine Resources
Lobster Advisory Council Meeting Minutes
Department of Marine Resources – 3rd Floor Conference Room
2 Beech Street, Hallowell Annex
February 13, 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 Marine Resources – 3rd Floor Conference Room, Hallowell, 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), Cappy Sargent (Non-Zone Lobsterman), Dana McIntire (Non-Zone Lobsterman) and Peter McAleney (Western Dealer Member). Council members not present included: Ted Hoskins (General Public Member). Deputy Commissioner David Etnier, Deirdre Gilbert, Colonel Joe Fessenden, Kathleen Reardon, Trisha Cheney, Sarah Cotnoir, Carl Wilson and Donna Hall of the Department of Marine Resources were also present. Others present were Patrice McCarron, Kristen Millar, Clare Grindal, Sheila Dassatt, John Butler, Sonny Sprague, Tony Sturey, John Cannon and Rosanne Mizzoni (Commercial Fisheries News).
The meeting convened at 1:15 p.m.
1. Welcome and Review of Agenda
Deputy Commissioner David Etnier introduced and welcomed the new Western Dealer Member Peter McAleney.
2. Approval of Minutes (November 15, 2006)
MOTION: (J. Carter and E. Thomas) To accept the minutes of the November 15, 2006 as written. Unanimous.
3. New Business
a. National Marine Weather Service
John Cannon and Tony Sturey from the National Marine Weather Service presented the Council with their proposal to change the marine reporting areas from the current model of two (Merrimac to Stonington, Stonington east) to 5 different zones in order to provide more accurate information and they encouraged the industry to request an “all marine” frequency so that mariners will not have to listen to all other reports.
Gerry Cushman asked when he listens out 25 miles, what would he need to listen to. John Cannon explained that they will be writing specific new forecasts. Jon Carter asked if there were any particular systems out there that fishermen from the eastern part of the State could use that would be more defined to their area instead of listening to the whole report. John Drouin said that when you are trying to plan ahead, it would be helpful if the forecasts were more accurate because one day they say one thing and by the next day that all changes. Cappy Sargent stated that the way it is now, you can’t look more than three days ahead because the forecast keeps changing. He asked who maintains the buoys. Tony Sturey said that the buoys are maintained by the Coast Guard and that it is a tough call sometimes because there are different weather conditions in different forecasts. Larry Knapp stated that fisherman need to know how hard the wind is going to blow and in what direction. J. Drouin asked if they shared with the Canadian forecasters because he listens to the Canadian Grand Manan because they are more accurate with their forecast. Tony Sturey stated that they do science sharing with Canada. Zone G fisherman John Butler said that if the buoy in Portland was kept off the 40 line, it would be more accurate and said that it had been moved more inside about 10 years ago.
b. Lobster Trap Construction Discussion
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 fisherman take better care of our lobsters to provide for the future of the lobster industry.
Bob Baines asked what size lobsterman could go with in order to get the large lobster out without weakening the door. 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 vent size, but he stated he would check to see what research had been done on larger ghost panel sizes.
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. David Etnier stated that it would take a regulation change to change the panel. John Drouin said he sees nothing wrong with making the change and that something needs to be done to protect the oversized lobsters. Dana McIntire said that most fisherman have 3” X 4” panels. Sonny asked if 2008 is a realistic implementation date.
Lobsterman John Butler stated that he had been using Riverdale brickless bottoms in some of his traps. He said it’s a good product and you don’t kill or damage the lobsters. Elliott Thomas stated that he saw the product a few years ago at the Fishermen’s Forum that Riverdale sells and that it is a good product. Dana McIntire asked new council member Peter McAleney (Western Dealer Member) what he had seen in the last 10 years in the quality of lobsters. P. McAleney said that the quality had gotten worse and that lobstermen are doing the damage and some of the damage is from the lobsters being caught so many times. J. Drouin agreed that the new traps that Riverdale makes are a good product. C. Sargent stated that double bottoms on traps would be a hard sell because of the money and that it would be almost double the cost of the trap. He said the quality has gone down because they won’t let us cull our own lobsters and they are dying because of they way they are handled. P. McAleney said there is not enough time in a day to allow lobstermen to do that because there are too many boats lined up. Dana Rice said cull rates are different at different times of the year and that we could all do better. 60+ million lobsters are too many to handle. C. Wilson said a lot of these issues are because there are a lot of traps in the water and this would be a difficult thing to change. Gerry Cushman said he thought this discussion about panels should be tabled to a future agenda until some research was done.
B. Baines asked if anyone disagreed with Sonny’s idea and no one on the Lobster Advisory Council disagreed. J. Carter said he didn’t think the Council should make a decision today. Carl Wilson said he will do some research and would bring the information to the next meeting. B. Baines said he would recommend that the Council table this until the next meeting. David Etnier said that DMR would mail out copies of the regulation 25.80 (which speaks to the size of the panel) to all members of the Lobster Advisory Council so they could review the current regulation.
c. Science Update
Carl Wilson gave Council members a copy of the 2006 Lobster Research Report that he had prepared for the Joint Standing Committee on Marine Resources. Carl’s report details accomplishments of DMR’s port sampling and sea sampling programs and discusses participation in the lobster settlement index, inshore trawl survey, and ventless trap survey with other Northeast states. Carl stated that based on port sampling, cull rates have declined in the last 15 years. Carl’s report showed that the average lobster prices in 2006 were lower than in 2005, with the average price for hard shells falling 14 cents, the average soft-shell price falling 53 cents, and the average price for selects falling 54 cents per pound.
Carl said with respect to recruitment, it was declining or stabilizing in some areas, but there was good settlement in areas Downeast and sea sampling showed that eastern Maine has the highest number of sublegal lobsters in 10 years. Carl said he was surprised in how many lobsters they saw in eastern Maine and that we are getting a lot of reports of people seeing a lot of shorts and indicated that they had seen that in the trawl survey as well. C. Wilson explained that research conducted by University of Maine oceanographer Neil Pettigrew suggests that the eastern Maine coastal current may be slowing down because of rising water temperatures and these environmental changes could be putting lobsters in to other areas. Carl stated that all signs are pointing to changes in the resource. Carl also pointed out that funding for the DMR lobster research and collaborative projects with fishermen primarily comes from outside sources, and cautioned that special funding may be more difficult to find in the upcoming year.
Cappy Sargent asked how there could be fewer smaller lobsters. Carl said it was because the water temperature is increasing. Cappy asked if the ventless trap survey is better than the trawl survey. Carl stated that there is bias in every survey and that one problem is that it is difficult to get information in eastern Maine because of the lack of cooperation and that the survey is a good indication that lobsters are shifting. Larry Knapp asked if the stripers are eating the lobsters and asked if the water temperature is colder Downeast than it is here. Patrice McCarron asked if the sampling was done at 25-30 fathoms.
e. Legislation
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. The Council reviewed each bill and below are the titles of each bill and summaries of the council’s discussions:
LD 16 – “An Act to Make Lobster Trap Molesting a Civil Offense”
This bill would decriminalize the offense of lobster trap molesting under Maine law, though the penalty of a three-year loss of license would remain.
Colonel Joe Fessenden of Marine Patrol explained that the level of proof required to prevail in civil cases is less stringent than in criminal cases. In a criminal case, the jury has to be convinced beyond a reasonable doubt, and one juror in doubt can throw the case out. In past cases, various District Attorneys’ offices were reluctant to retry cases.
The Lobster Advisory Council supported this bill.
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.
Elliott Thomas stated that most fishermen in Zone F support this bill, but agreed that this is a very contentious issue, especially for Zone G and F in the western portion of the State. Jon Carter said that this undermines all the hard work that we and the ASMFC have done and I personally oppose and so does Zone B. Cappy Sargent said the zone should stop at three miles. We are boxed in with Canada on one side and the other with zones. I should be able to fish throughout the area, beyond three miles with my Area 1 permit, not just with 49% of my gear. Cappy stated that the zone rules never intended to be that way. If you had an Area 1 permit, then you should have the full potential. Jim Henderson stated that if this bill passes, zone council members will quit because it will undo everything they have worked for. Bob Baines stated that he is opposed to this bill.
Except for three members, the majority of the Lobster Advisory Council opposed this bill.
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.
Patrice McCarron of the Maine Lobstermen’s Association handed out an information sheet on LD 170 and asked the Lobster Advisory Council to get the word out to as many fishermen as possible to attend the public hearing on the bill. P. McCarron urged fishermen to oppose this bill that would legalize the landing of dragger caught lobster in Maine in hopes of persuading Maine’s groundfish fleet to land their catch at the Portland Fish Exchange instead of in Massachusetts; a practice that has been outlawed in Maine.
Deputy Commissioner David Etnier stated that the public hearing on this bill is scheduled for March 5th at 1:00 pm at the Augusta Civic Center and that two other lobster bills may be heard that day, but a decision had not been made on that yet.
Bob Baines asked if everyone had the handout and stated that he assumed everyone was in opposition of this bill. Larry Knapp said he was not against a discussion on this issue; however, the problem is with the Portland Fish Exchange and our fishery shouldn’t be focused on that. He said it’s like trying to correct a whole different thing. David Etnier said the Assistant AG’s office has worked on the groundfishing issues. Bob Baines stated that he and Patrice McCarron were late to this meeting today because they were at the Governor’s Office opposing this bill. Dana Rice stated that this is like smoking mirrors. Most of the lobsters that draggers land are oversized anyway, so how will this bill help the Fish Exchange? Gerry Cushman stated that he owned a dragger and the draggers do not want this, but he added that the groundfish industry does need some help.
The Lobster Advisory Council opposed this bill.
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.
Col. Fessenden explained that this issue arose when a company in Kittery, which had historically purchased lobsters landed by New Hampshire lobstermen on its wharf, was notified by Marine Patrol that it is a violation of the State law. Maine law states that dealers may only purchase lobsters landed in Maine ports from Maine licensed lobster harvesters. Joe explained that the change would allow out-of-state lobstermen who have a history of landing and/or mooring in Maine state waters to be grandfathered in. These fishermen would have to comply with Maine lobster regulations and pay a nonresident lobster and crab landing permit fee.
Jon Carter stated that he thought this was a good bill and asked how we could tell the people of the State that they can’t do what they’ve been doing.
The Lobster Advisory Council supported this bill.
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.
Bob Baines asked the Council how they wanted to weigh in on this bill and stated that he supported this bill after listening to Mark Randlett from the Attorney General’s Office at the November Lobster Advisory Council meeting. John Drouin stated that Zone A does not support parts of this bill.
Except for one member, the Lobster Advisory Council supported this bill.
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.
D. Etnier explained that this resolve would be very hard to administer and that it would shift trap tags to the industry. Bob Baines asked if anyone supported this bill and Cappy stated that he would abstain.
The Lobster Advisory Council did not support this bill, with one member abstaining.
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.
The Lobster Advisory Council supported this bill.
f. Code of Ethics
Following up on a request from the Governor's Office, State Agencies have been asked to have all advisory councils adopt a code of ethics and conduct. A sample Code of Ethics was provided to State Agencies to adopt. After some discussion, the Chair asked if anyone had any questions and took a vote to adopt the Code of Ethics.
MOTION: (D. McIntire and J. Carter) To adopt the Code of Ethics and Conduct as written. Unanimous.
The Code of Ethics was signed by all members present at this meeting.
4. Old Business
Jon Carter asked where the Commercial Fishing Safety Council was with the proposal they had talked about in regards to drug testing commercial fishermen. Bob Baines said this is a complicated issue and that it should be tabled. Elliott Thomas asked if the issue should be given to the Attorney General’s Office for review and Bob Baines said he would rather have the discussion with the Council first. Dana McIntire asked if Col. Fessenden could give them information on what they can do because this is a real safety issue. Joe said that Marine Patrol can’t do anything unless we think the fisherman is impaired. The Coast Guard does random drug testing and if you fail, you can lose your license. Jon Carter said he would do some research to see how the Department of Motor Vehicles administers their laws on drug testing of commercial drivers.
Larry Knapp talked about the lobster bait shortage and made a suggestion because of the glut with lobsters on Mondays and Tuesdays, if fishermen considered taking Wednesdays off along with Sunday. We may win twice; with the market and the bait. Larry said it may help to keep the bait prices down. Peter McAleney said by taking Wednesdays off, it would help the market. Larry asked if council members would talk to their zones about this idea.
5. Reports and Updates
a. DMR Updates
ASMFC
Bob Baines said that The American Lobster Board approved Addendum X to the Interstate Fishery Management plan for American Lobster. The Addendum establishes a coast wide reporting and data collection program that includes dealer and harvester reporting. Bob stated that 10% of lobstermen will be asked to report and it will be done randomly. Carl Wilson said if it is done randomly, the same person will not be required to report every year.
Whale Update
Sarah Cotnoir reported that the Whale Take Reduction Team met in December and that Erin Summers, the Large Whale Scientist for DMR, gave a groundline presentation. Sarah said at the end of January, DMR submitted a Low Profile Groundline Proposal. Sarah stated that she has been calling fishermen to get samples of experimental rope back and do some data crunching. Indications from some of the data were that there are clear differences in areas and the mid-coast fishermen liked the rope they were testing. Sarah informed the Council that Steve Robbins had resigned as the Gear Specialist and that the application process closes this week to fill that position.
Patrice McCarron spoke about the rope buy back program. The Gulf of Maine Lobster Foundation (GOMLF) has secured $2 million in the process of building a poly buyback program to take place within the year. It will start in the southern Maine area and they were going to target the DAM area in the first round of the buy back program. More information will be available at the upcoming Fishermen’s Forum.
Commercial Fishing Safety Council (CFSC) Update
Bob Baines said that there will be a seminar at the upcoming Fishermen’s Forum about the work of the CFSC and the new safety component for apprentices. John MacMillan will be there to talk about the drill instructor’s safety course and Ann Backus will also be there to discuss Indoor Exposure in Lobstermen’s Shed’s. Bob encouraged all fishermen to take the drill instructor’s safety course.
b. Zone/Industry Issues – Summaries
Zone A: We had a meeting last month but did not have a quorum.
Zone B: Not a lot going on in Zone B.
Zone C: We have a meeting on the 27th of this month.
Zone D: Not much going on. Our next meeting is March 8th.
Zone E: Smooth as silk in Zone E.
Zone F: Kristen Millar will be at the next Zone F meeting to talk about the langostino lobster and what steps the Promotion Council has taken to address this imposter.
Zone G: We have a meeting on the 20th of this month and some of us are concerned about the use of alternative bait. David Etnier said that the law does not speak to ingredients in bait. P. McCarron said that MLA had put the law as it stands in to the Legislature. One thing DMR may be able to do is go through the rulemaking process and require an ingredient list. David suggested that the Council put the artificial bait issue on the next agenda.
6. Set Next Meeting Date and Agenda
The next meeting will be in April, but no date was set.
MOTION: (J. Carter and J. Henderson) To adjourn. Unanimous.
The meeting adjourned at 5:45 pm.
