Maine Commercial Fishing Safety Council
May 31, 2006 Draft Meeting Minutes
ONCE AGAIN THERE WAS NO QUORUM.
The Department of Marine Resources (DMR), Commercial Fishing Safety Council (CFSC) was held on May 31, 2006 at the Department of Human Services Central Offices Conference Room, 442 Civic Center Drive, Augusta. CFSC members attending this meeting included: Bob Baines, Chairman, L. Blair Pyne, John McMillan & Rob Odlin. Other attendees: Elliott Thomas, John “Ted Bear.” Representing USCG – Kevin Plowman. The Department of Marine Resources attendees: Major John Fetterman and Cathy Fetterman. Kris Boehmer and Jim Whitten made notification. Yvette Alexander, Gary Anderson & Vincent Balzano also made notification.
Once again there were not enough members for a Quorum!
J. Fetterman – Meeting with USCG regarding preemption of federal and state safety regulations. Discussed the council’s proposal and what pitfalls we might fall into under pre-emption.
When going through the matrix – the USCG has covered the issue on documented vessels. The gap – which is what we are trying to fill, is for parity on state registered vessels.
The beauty of this proposal is that Capt. Kenney felt he would get the blessing from USCG for the project. If you go in to a process like this - and provide congress with a point of contact. The senators will have someone to contact within the USCG. We won’t have to worry about the pre-emption issues. This would be National legislation, and the visibility that we would be the first state in the country to attempt it.
B. Baines – Would we have to mirror the Federal Regs?
K. Plowman – We would have to mirror the Fed Regs.
J. Fetterman – The USCG is the only one that can change the boundary line..
K. Plowman – It would have to go through rule making. The USCG can set that line, and not involve congress.
B. Pyne – Would it be just the State of Maine or New England. If we want the boundary line to be 12 miles, would it have to go through rule making?
K. Plowman - It would change the whole boundary line – not just Maine’s.
B. Pyne – Whatever the distance is – as long as it is the same along the whole coast.
B. Baines – When we get to Penobscot Bay – run boundary outside of Matinicus.
T. Bear – Why not just be the three mile line.
B. Baines– Can the boundary be the three mile line?
K. Plowman – territorial sea limit- three mile line. The bigger area you open up – the bigger area you will need to comment on.
B. Baines – When you go from Monhegan to Matincius Rock – I am 5 to 7 miles from any given point of land - there is that window. You also have a window in Muscungus.
K. Plowman – I would be willing to bet the majority of the fishermen interpret the boundary line as the three mile limit.
J. Fetterman – I think in a relatively short amount of time we will hear back as to whether they want to pursue this.
B. Baines– so we have to wait to hear whether they will support this – if they do – then we can move forward.
J. Fetterman – Everything about it is the right thing to do – and the USCG recognizes they need help. Once we get that wave from HQ, meet with council, and they do the heavy lifting for us, along with help in crafting legislation.
B. Baines – If this takes place what will be required from us, other than saying yes?
J. Fetterman – They will come up and work with us as a group, along with Mark Randlett. We already have everything on the state level – all we need is the amendment on the federal level. We will have a model to look at and then this council needs to discuss with Senator Collins and Snow and ask them to sponsor.
K. Plowman – offered up having a meeting next week to get this rolling.
B. Baines– Do we need to make the case to the staff or senators for the need for this legislation?
J. Fetterman – once we agree on it – bring Mark in and if all needs are met – pull trigger on this.
B. Baines – Items in red on the matrix charge we won’t be able to have, and we will have to mirror the coast guard regs. The State lines (3 mile, 12 mile, outside 12) will not be there. So we will need to work to change the boundary lines.
J. Fetterman – Yes – but this will occur only once we reach parity.
B. Baines – if we can mirror the coast guard regs, we are much further than we ever would have been.
J. Fetterman – We would still need to go through rule making.
B. Baines – When we go through rulemaking – all that would show is that we are only matching the federal standards, and we could say we are not asking for anything extra.
J. Fetterman – This will allow us to apply to state registered vessels, giving us those people that are slipping through the cracks – by being state registered.
B. Pyne – every commercial fishing vessel that will be on the coast of Maine will be required to have the same safety equipment irregardless..
B. Baines– we would have a complicated federal version.
B. Pyne – take one victory at a time.
J. Fetterman – We could develop a simplified field guide for fishermen to use for application in Maine fisheries.
B. Baines – explain to officers what the priority for officers are.
J. Fetterman – we want to see voluntary compliance, through education and outreach. We are looking for voluntary compliance. Show examples and how safety equipment should be. Look for grant programs to help supplement the purchase of safety equipment.
K. Plowman – if they get a violation and they come and see me we bring them into compliance – we won’t fine them. We want compliance and come home.
B. Baines – where do we go from here?
J. Fetterman – I don’t think we are going to wait very long to hear from the coast guard and then we will communicate back to the council as soon as find out anything.
B. Baines – This may be somewhat of an obstacle – but it has also generated parity - if we can get the boundary line straightened out and it affects all fishermen equally.
J. Fetterman – if we get this – you may not want to monkey with the boundary line downeast. Once you go outside Cutler harbor – it is very dangerous. Boundary line off midcoast is very far offshore.
B. Pyne – Even if we don’t hear from the USCG – probably should assume that we will have a green light and continue on with what we are doing.
J. Fetterman – still a lot to prepare for for rule making. Still have work to do on the apprentice program. Still have enough on our plate – to keep us very busy.
B. Baines – What more do we need to do to prepare ourselves for rulemaking.
J. Fetterman – re-aligning the matrix to the CFR – which is a document that is closer to the CFR.
B. Pyne – Revise the Matrix to what we need. So when we are ready to go – we are all set.
J. Fetterman –If we could have legislation before congress by next summer – that would be pretty close. I think we can see this going to final rule making next summer. This is pretty phenomenal. If the coast guard has the stomach to support us and the legal expertise to back it up.
B. Baines – I can’t imagine why they wouldn’t want to enhance it and bring state’s on board.
B. Pyne – I am sure there will be some caveats here. It is just a matter of working around them. I think we should expect some sort of a road block. Expect that we can work around it.
R. Odlin – we are hear to make it safer – we are never going to take the equation out of having someone get killed – if we can reduce it by a certain percentage – we are doing our job. I took John’s class – I learned a lot. I enjoyed it and it was very informative.
B. Baines – How are we going to get everyone to take this course?
J. McMillan– we are seeing more of interest because of Kevin Plowman and Gary Moores.
R. Odlin – as of this year – you need to have a sticker for any fishery that has observers.
B. Baines – It does fall under NMFS umbrella. The USCG couldn’t do all the lobster boats either.
J. Fetterman – our boats are lobster style, and we spend a lot of money maintaining them. Do safety drills, but when we started on the sticker program with the USCG – it was to show good faith and effort – we still learned a lot from the sticker program.
T. Bear – AMSEA – took the week long course – after seeing what John McMillan does – there is no way that I could put a course on like that. The knowledge, and what that course taught me was an awful lot.
J. McMillan– talking with Stearns about immersion suits. It is an industry problem.
R. Odlin – if you have never put them on – you won’t even know if they won’t fit.
K. Plowman – What we would hope for, is that the minimum be done – zippers and seams checked.
B. Pyne – When the proposed language for the apprentice rule making is ready – can you make sure we receive a copy – prior to it going to rule making. Send copy of language prior to rule making.
B. Baines – It is moving forward and we have the support of the LAC council.
B. Pyne – are the people from the Zone councils being given information?
T. Howell – In the LAC meetings.
B. Pyne – those are the ones that will be at the public hearings – the ones that don’t show up at the meeting.
B. Baines– Are we moving forward to the RFP – John McMillan. There is approximately $300,000 and this is replenished every year.
R. Odlin – New Hampshire sea grant is putting on a survival deal. Maybe there is grant available.
J. Fetterman– We printed and laminated the harbor visit posters that Ann developed, created and designed. We sent those out to MPO’s to have put in the vicinity of where the harbor visits will be.
J. Fetterman– Knox county probably has the largest. We should have an examiner out at Carver’s Harbor –– probably one of the hardest places for examiner.
B. Pyne – next round – should probably be mid-coast on land.
R. Odlin – It will be a good idea to have something on who we are and what we are doing. Do we want to spread the word on the CFSC?
Mission statement of what the council does – what the plans are. Have emergency action plans.
On the cover – mandatory safety training – that will catch their eye.
R. Odlin – Sea urchin zone council members get reimbursed for their travel. If we could get reimbursed for travel it might help in getting more people to attend.
B. Baines – I think it is a good idea.
If all other councils are supported by travel reimbursement – make recommendation to David Etnier to sponsor legislation to reimburse the Council members. [Cathy spoke with David Etnier and he said he would put this on his list of legislation to propose].
Check on quorum issues.
Cathy to call council members at least one week before – 3 or 4 days before and the day before.
Leave next meeting open – hopefully we will hear something back.
John to write a synopsis – distribute to council.
Tentatively meet in July [now rescheduled to August 23rd].
If anything needs to be voted on – we should encourage individuals to call in via conference call.
B. Pyne - Participation is the most important thing for this council. If people are not willing to participate then they are just taking up space and not contributing.
Any other issues to discuss –adjourned 7:15 pm.
Bill Crowe Scholarship fund will be meeting the next couple days for the scholarship fund. Claire Grindle is no longer part of the DELA. We are looking at having a $500 scholarship to be given out at the Fishermen’s Forum
