DMR Advisory Council Meeting Minutes
January 17, 2007
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 Dana Rice – Chair, Al West, Mike Danforth, Bill Sutter, Bob Baines, Tim Harper, David Turner, Timothy Kief, Rod Mitchell, Dana Temple, Scott Tilton, and Vincent Balzano. Council members David Pecci, Glenn Libby and Susan Farady were unable to attend. Department staff included Director of external Affairs Terry Stockwell, Colonel Joe Fessenden, BRM Director Linda Mercer, Margaret Hunter and L. Churchill. Other attendees included Sebastian Belle (Maine Aquaculture Association), Theo de Koning, Sheila Dassett (Exec. Dir. of the Downeast Lobstermen’s Association).
1. Welcome (Chair)
Chair Dana Rice called the meeting to order and welcomed everyone.
Election of 2007 Officers:
Nominees are: Chair – Dana Rice Sr., Vice-chair – Bill Sutter, Secretary – David Pecci
Motion: (B. Baines, R. Mitchell) Motion to approve the slate of officers for 2007.
Discussion: None
Motion continued: Unanimous to approve (D. Rice, A. West, M. Danforth, B. Sutter, B. Baines, T. Harper, T. Kief, R. Mitchell and D. Turner)
2. Approval of minutes (see handout)
Motion: (B. Baines, A. West) Motion to approve the minutes of the meeting held November 15, 2006. Discussion: None
Motion continued:
Affirmative votes: D. Rice, A. West, M. Danforth, B. Sutter, B. Baines, T. Harper, T. Kief and
R. Mitchell
Abstention: David Turner
The motion passed by a majority of affirmative votes.
3. Regulations - Action (voting) (handouts)
The Chair reiterated the directive by the Attorney General’s Office that no comments are allowed from the public when members are voting on rulemaking as the comment period has closed.
Chapter 2.12, 45 and 60 Aquaculture Lease Regulations, proposed changes to acreage limit
Terry Stockwell briefed the AC members on the background of the rulemaking.
B. Sutter discussed aquaculture lease decision criteria issues regarding the space used by aquaculture being taking from wild harvest opportunities. It was pointed out that this was not a voting item in the rulemaking on acreage before the AC members; this pertains to the lease application evaluation process.
Motion: (D. Turner, D. Temple) Motion to approve the rulemaking in Chapter 2.12, 45 and 60 Aquaculture Lease Regulations as written.
Discussion:
B. Baines asked if there was anyone who opposed the rule. Response: None in the record.
S. Tilton: This was a recommendation of the Aquaculture Task Force and it is a best farm management practice to have the necessary space to rotate crops so that they are less susceptible to disease.
Motion continued:
Affirmative votes: T. Kief, S. Tilton, D. Temple, B. Baines, R. Mitchell, D. Rice, D. Turner, A. West and M. Danforth
Opposed: B. Sutter, T. Harper
The motion passed by a majority of affirmative votes.
Chapter 2 Aquaculture Lease Regulations, Updates to sections 05(L&K), 12(3), 44, 45, 46, 60, & 64(7)(A)
Terry Stockwell briefed the AC members on the background of the rulemaking. The lease transfer fees in section 2.60 are very high and this provides an exemption for family members and start ups for example. Note: that in the basis statement the proposed section 2.44 on deleting of species was removed based on the negative comments. There was no opposition to the rest of the proposal.
Motion: (R. Mitchell, S. Tilton) Motion to approve the rulemaking in Chapter 2 sections 05(L&K), 12(3), 44, 45, 46, 60, & 64(7)(A) Aquaculture Lease Regulations Updates as written.
Discussion:
D. Turner noted that all commentors were opposed the section removed on deleting species (2.44)
Motion continued: Unanimous to approve (D. Rice, A. West, M. Danforth, B. Sutter, B. Baines, T. Harper, D. Turner, T. Kief, R. Mitchell, D. Temple and S. Tilton)
Chapter 45.05(1)(A)(2) Shrimp Season, 2006– 2007
Margaret Hunter briefed the AC members on the rulemaking. Several questions were asked about the value of the current landings. R. Mitchell pointed out that imports are still driving the prices down on shrimp; tails are gathering strength in the market.
Motion: (R. Mitchell, D. Turner) Motion to approve the rulemaking in Chapter 45.05(1)(A)(2) Shrimp Season, 2006– 2007 as written.
Discussion:
B. Sutter asked if there were no closed dates/days? M. Hunter: yes, correct, no closed days.
Motion continued: Unanimous to approve (D. Rice, A. West, M. Danforth, B. Sutter, B. Baines, T. Harper, D. Turner, T. Kief, R. Mitchell, D. Temple and S. Tilton)
Chapter 55.58 Penobscot River Fishing Closure and Exception
Col. Fessenden briefed the AC members on the rulemaking. This is needed to accommodate the Atlantic Salmon Commission’s season and should be easier to enforce with this exception.
Motion: (A. West, D. Temple) Motion to approve the rulemaking in Chapter 55.58 Penobscot River Fishing Closure and Exception as written.
Discussion: None
Motion continued: Unanimous to approve (D. Rice, A. West, M. Danforth, B. Sutter, B. Baines, T. Harper, D. Turner, T. Kief, R. Mitchell, D. Temple and S. Tilton)
4. Other Business
Code of Ethics and Conduct
Terry Stockwell briefed the council members on the letter received from the Governor’s office on this issue. See additional handout. The Chair asked for a motion in order to consider this for adoption into the by-laws.
Motion: (M. Danforth, R. Mitchell) Motion to place this on the next meeting’s agenda.
Discussion: Conflict of interest clauses were discussed.
Motion continued: Unanimous to approve (D. Rice, A. West, M. Danforth, B. Sutter, B. Baines, T. Harper, D. Turner, T. Kief, R. Mitchell, D. Temple and S. Tilton)
Annual Research Agenda
Linda Mercer, Director of the Bureau of Resource Management gave a power point presentation on the Annual Research Agenda. See handout.
Motion: (D. Turner, A. West) Motion to accept this report for 2007.
Discussion: None
Motion continued: Unanimous to approve (D. Rice, A. West, M. Danforth, B. Sutter, B. Baines, T. Harper, D. Turner, T. Kief, R. Mitchell, D. Temple and S. Tilton)
Other Updates
Terry Stockwell updated the members with discussions on the following legislative proposals, see handout for titles: There is an effort to change the law that prohibits landing of offshore dragged lobsters for sale in Maine. Lobster entry proposed changes would require a 17 year old minimum age, zone specific apprenticeships and a 1:1 exit entrance ratio. A non-resident lobster and crab permit to not be in violation of federal law. Flexibility for sea urchins zones such as sub-zones. Errors and omissions needed in the aquaculture statutes. Sturgeon to be place on Maine’s endangered species list to allow funding from the federal agencies. Civil versus criminal penalty for trap molesting. The currency in the lobster exit entrance ratios would be changed from counting license holders to counting trap tags issued. Match the sea cucumber season to the scallop season for dragging; and allow for travel expenses to be paid for the commercial fishing safety council.
The Land for Maine’s Future Board announced that is has issued six grant awards. The projects include:
The Town of Machiasport (for right of way to clamming access);
The Spruce Head Fishermen’s Coop in South Thomaston (purchase property leased for over 30 years);
The Boothbay Regional Land Trust (purchase property for access to local fishermen);
The Holbrook’s Community Foundation and the Trust for Public Land (purchase Holbrook’s Wharf on Cundy’s Harbor in Harpswell);
The Town of Isle Au Haut (renovate Town Pier to ensure its viability and availability); and
Perio Point Shellfish, Town of Beals (permanently protect important fishing facility supporting many fishing activities in the Jonesport-Beals area).
S. Belle: The Board is proposing that the bond issue be re-proposed to recapitalize the funds.
Herring: A new amendment is due next week from the feds and it is for purse seiners only. We will need to comply with the zero tolerance and the Atlantic States Marine Fisheries Commission (ASMFC). The next 3 years TAC’s have been reduced from 60K ton to 45k ton in Area 1A. The Thursday, March 1st all-day session at the Fishermen’s Forum is dedicated to herring issues this year. There is concern about local depletion. Rulemakings will be forth coming for compliance and consistency with both the NMFS and ASMFC. Everyone is urged to attend the session at the Forum, March 1.
The federal whale rules are still unpublished, held up by the budget office. To counter this there has been a large amount of research done on low profile ground lines that fish approximately 1 meter off the bottom. We will argue for low profile areas such as in no-forage areas by whales. This is long-term. It has been 10 years in development and there is no end in sight.
The President signed the new Magnusson – Stevens Act; it is supposed to end over fishing by 2011 using hard TAC’s etc.
Scallops, Amendment 11, general category is being worked on at the New England Fisheries Management Council (NEFMC) plus limited entry for the whiting fishery.
The ASMFC winter meetings the week of February 29th will have meetings on striped bass assessment; dogfish; eels and elver and whether they will be listed as endangered or not; Addendum 10 to the lobster management plan with mandatory harvester reporting. There is not an option to not move forward on harvester reporting. Most likely the harvester level will require at least a 10% level of representative reporting; and the Department does not have the capacity for 100% reporting administratively. But 10% would be representative. Discussion suggestions included use it or lose it; suspend license fro those who don’t report like the shrimp fishermen or other fisheries are required. They should report monthly and not at the end of the year so there is no delay in the assessment reports.
Groundfish: There were good ideas from the scoping sessions held last year; many plans suggested; tomorrow we start the review process; discussion.
The quahog assessment has just been completed. Mike Danforth spoke on the history and issues for the mahogany quahog industry Downeast. In 1990 fishermen were allowed offshore with an experimental certificate. In 1996 that ended and boats were given access over a line up to a 100,000 bushel limit. Yet folks can lease ITQ’s from the southern fishery in the Mid-Atlantic. Our boats are in the 35-45 foot size range. There are only ~25 participants per year. With and extra 4-5 participants let in through the ITQ leases it will mean only about 20 could fish next year because we would be taking ~135-140,000 bushels instead. The small boats will be penalized. The first LD on the list regarding owner-operator requirement for this fishery is an emotional response to what has been happening in this fishery. The industry would like to find a way to limit the ITQ’s landed in Maine to reduce the extra being harvested each year. The area is Petit Manan to Cutler. The Department is meeting with the industry next week. It is unfortunate that this is a local fishery managed by the Mid-Atlantic Fisheries Management Council (MAFMC).
Motion: (D. Turner, S. Tilton), the Council voted to adjourn.
Motion continued: Unanimous to approve
