DMR Advisory Council Meeting Minutes
November 15, 2006
A meeting of the Department of Marine Resources’ (DMR) Advisory Council (AC) was held on this date at the Department of Human Services Central Offices Conference Room, 442 Civic Center Drive, Augusta. AC members attending this meeting included David Pecci -Secretary/Acting Chair, Al West, Vincent Balzano, Glenn Libby, Scott Tilton, Dana Temple, Susan Farady, Mike Danforth, Bill Sutter and Bob Baines. Council members Dana Rice, Tim Harper, David Turner, Timothy Kief, and Rod Mitchell were unable to attend. Department staff included Commissioner George Lapointe, Deputy Commissioner David Etnier, Colonel Joe Fessenden, Sarah Cotnoir, Donna Hall, Deirdre Gilbert, Vanessa Levesque (State Planning Office), Samantha Horn Olsen and L. Churchill. Other attendees included Dana Morse (UM Sea Grant), Howard Gray – Scarborough, Sebastian Belle (Maine Aquaculture Association) and Lloyd Purdy (Cooke Aquaculture).
1. Welcome (Chair)
Secretary/Chair David Pecci called the meeting to order and welcomed everyone. Introductions were given around the room.
2. Approval of minutes (see handout)
Motion: (B. Baines, A. West) Motion to approve the minutes of the meeting held July 19, 2006; Discussion: None
Motion continued: Unanimous to approve
1. Continued: Nominating Committee for Election of 2007 Officers (Chair)
Volunteers Bob Baines, David Pecci and Scott Tilton will report back on the nomination list.
3. Regulations - Action (voting) (handout)
Chapter 25.96(F) Lobster Apprentice Program, Safety Education Course
Col. Joe Fessenden and Bob Baines who serves on the Fishing Vessel Safety Council briefed the council members on the history and development. Questions about the separate authority/legislation for the entire fishing community and federal preemption were discussed.
Motion: (B. Baines, V. Balzano) Motion to approve the rulemaking in 25.96(F) as written.
Discussion:
S. Tilton recused himself over concern of a conflict of interest.
G. Libby: Locally many ground fishermen took this in his area this past summer; it involved fire fighting, survival suits, rafts, etc.
V. Balzano; This has nothing to do with exit ratios and nothing with respect to the lobster council actions.
Motion continued:
Affirmative votes: David Pecci, Al West, Vincent Balzano, Glenn Libby, Dana Temple, Susan Farady, Mike Danforth, Bill Sutter and Bob Baines
Non-affirmative votes: S. Tilton
The motion passed by a majority of affirmative votes.
Howard Gray requested to speak on his opinions about persons not being able to obtain a license directly after completing the 2 year apprentice program; the program should be dropped; issue a helpers license; in his opinion this would remove book work required of the marine patrol personnel.
Commissioner Lapointe: The apprentice program was initiated because the industry wanted it as there were a number of people flooding into the industry. They wanted to make sure people knew how to fish in this industry. This has been and remains supported by the industry. The other issue is that of limited-entry, also supported by the industry. Importantly, the lobster assessment done by the Atlantic States Marine Fisheries Commission (ASMFC) says the Gulf of Maine (GOM) is in good shape except for two things: effort in the fishery, which means you have to control it one way or another, and data. That is why we have a program to get those numbers down.
4. Other Business Fisheries Issues (Commissioner Lapointe)
Shrimp: On November 6, 2006 the shrimp season was approved for December 1 – April 30. The assessment is as high as it has ever been seen. The emergency rules will in place for the season to start and the regular rulemaking will be on the January meeting agenda. The Department intends to hold meetings similar to last year to minimize gear conflicts.
Monkfish: The assessment is grim. The Council may reduce 42% in the GOM. Many ground fishermen rely on monkfish therefore this will hit folks hard. Maine has been unsuccessful in adding a leasing component.
Groundfish: The New England Fisheries Management Council (NEFMC) will be holding scoping sessions on the new amendments in Maine on November 27 in Ellsworth and 28th in Portland.
Herring: The ASMFC and the NEFMC voted to decrease form 60 to 50 metric tons. Maine voted in favor; T. Stockwell was convinced by the biological information presented.
A. West: It is interesting to note this move given that this has just been the best year in Area 1A with the quota taken by late October instead of Nov/Dec. The split season needs to be split again. Unsure if the lobster fishermen know that there has been no fishery since October 27th. Now there are no options after October. By spitting season we can draw on Canada. The best quality has been in the fall fishery and that is not available this year. If the fishing continues the same next year the fishery will be done by August. The lobster fishermen need to wake up that there may be no bait for their fall fishery. The 50 metric ton TAC starts in 2007.
Lobster: Scooping meetings for Amendment 10 are coming up.
Two Dynamic Area Management (DAM) areas for whale protection have been triggered under federal regulations, see handouts. The gear must be out in a short time and the areas seem to be larger than in the past and need to ask why.
Col. Fessenden: From Marine Patrol’s perspective these are impossible for the fishermen and enforcement to comply with. There are1,000’s of traps out there that cannot be brought to shore that fast. These are effective from November 18 – December 2. It’s discouraging to see these run so close to shore. There have been ~50 Right whales located in the Bay of Fundy and the concern is that they will travel the shore.
Atlantic Large Whale Take Reduction Team meeting will be held in Virginia Beach December 6-8. The whale lobster interaction rule will come out the week before this meeting. The concern is the requirement of sinking ground lines. Maine has pushed for an exempted area near shore and they should allow new technologies to be put in place more quickly than in the past. The ground-lines that have been tested work ok on sandy flat bottom but only last 1.5 weeks on rocky bottom like in Stonington.
Review Chapter 25.08(A)(3) Double Tagging in Zone G and Zone F (Requested for December or January meeting / commitment by George when voted on in June meeting)
Col. Fessenden: This rule approved in May is regarded as a pilot program was implemented in September. There are ~200 persons with this second set of tags. There have been some complaints. Unfortunately this is going on where the DAM areas are not going in effect. Persons will have to stop moving gear there unless they change the gear. Otherwise so far so good on this rule.
Review on Cod Trapping for potential rulemaking changes (Requested for Dec or Jan meeting) There is nothing to report on yet. Regarding the special license issued to collect data to help determine where this rulemaking should head Howard Gray added that no activity has taken place on his son’s special license because the lobsters showed up so they did not fish any cod traps.
The Bay Management update was presented by Deirdre Gilbert (DMR) and Vanessa Levesque (SPO), see handouts.
Gear Conflict (Herring, Shrimp, groundfish, sea cucumbers)
Comm. Lapointe reviewed the issues. Col Fessenden and Sarah Cotnoir will be working on the shrimp versus lobster gear coming up. The coast needs to be shared; this is a recurring theme and he is seeking ideas on how to resolve such issues. Looking for input on solutions…we’ve tried gentlemen’s agreements, more regulations vulcanize the coast. Discussion included the inshore trawl survey issues; shrimp versus lobster; mussel draggers versus wormers; herring boats off Sequin this past summer and potential legislation on this issue; mahogany quahogs draggers versus lobster; scalloping; intended lobster gear and the shrimp season.
G. Libby: The meetings and charts distributed last year helped with the shrimp season issues. Education and communication are key; its never going to be perfect but you must try.
V. Balzano: The lobster gear has taken over so much bottom I fear we’re going to be a lobster only state. With the new guys coming in they don’t realize there are mobile fisheries there too. Just because you are there they assume you are molesting their traps; you’re implicated just because you’re there. That mentality needs to change; there needs to be the realization that it is a privilege to fish, not a right and we do need to share.
Comm. Lapointe: If the shrimp stock is a good as we think it is we may be looking at a 180 season next year, through the end of May. We don’t have all the answers but we do need to spend time on
V. Balzano: the 250 fathom line is not the year round problem on the coast of Maine. Fifteen years ago we spent 75% of our time in the mobile gear fishery from 50 fathom to shore. That is not that long ago. Somehow this has been lost. Since 1980 we’ve only had 4 Decembers that we could not fish. Why all of a sudden the traditional lobster fishing, not to pick on them, however the new offshore lobster fishermen group wants 25 miles to shore closed off to mobile gear because that is their so-called traditional fishing. While there’s no mandatory individual reporting in the lobster fishery we’ve had it in our fishery for the last 15 years. The problem is our decreasing numbers while the lobster fishery is expanding.
Col. Fessenden: We had a gear conflict meeting at the Gulf of Maine Aquarium last year when 30-40 lobster fishermen stated that this was their traditional area. I was a patrol officer in Portland for 25 years before becoming warden. Yet there was only about 10 people in that room I recognized. The others were not there 10 years ago; I don’t know where the others came from. It is a big problem because the newer permit holders do not know the fisheries.
M. Danforth described how his boat just being present in an area he has fished since 1989 is targeted. They see where we fish one day, set their traps there after we’ve left as when we get back there the next day the area is plugged with traps. This was his first year fishing there yet I’ve got a stack of log books that show I’ve fished there since 1989. It’s the occasional new guy who thinks they own the bottom and asks “Who are you?”
V. Balzano: Since it is not worth dealing with the lobster gear he has not left the dock since August 8th.
My boat has records of fishing for the past 5 decades. I’ve been approached by lobster fisherman for fishing off Scarborough for being in their way when my family has a 100 year history of fishing that area. We know the challenges everyone faces.
Dep. Comm. Etnier noted that the sea cucumber season is being proposed to match the scallop season.
Mahogany Quahog: The quota for this fishery closed November 14 at the 100K TAC.
M. Danforth: The production level this year with no PSP closures doesn’t seem right. This may be due to under reporting in the past. A few years ago it was the same but there was more fishing and better markets. This year we reached 96.8K on October 15th. Many haven’t leased ITQ’s yet and others are waiting for the science. I don’t believe this area can handle a 100K harvest yet we can lease beyond that amount from out of state boats and there is no control over this.
Upcoming legislature: nothing to report yet except the budget is anticipated to be tough due to shortfalls.
The AC meeting in December is cancelled.
Motion: (A. West, B. Baines), the Council voted to adjourn.
Motion continued: Unanimous to approve
