DMR Advisory Council Meeting Minutes
June 20, 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 Bill Sutter – Vice Chair, Bob Baines, Glenn Libby, Timothy Kief, Mike Danforth, Al West, Scott Tilton, Susan Farady and Dana Temple. Council members Dana Rice, David Turner, David Pecci, Tim Harper, Rod Mitchell, and Vincent Balzano were unable to attend. Department staff included Commissioner George Lapointe, Colonel Joe Fessenden, Linda Mercer, David Libby, Heidi Bray, James Becker and L. Churchill. Other attendees included Sheila Dassett – DELA Director, Claire Bissell, Evan Cornell – National Geographic Magazine, Glenn Robbins, Shaun Rockett, Steve Robbins III, Tim Arkins (Arrowsic) and unidentified.
1. Welcome
Vice Chair Bill Sutter called the meeting to order at 1:20pm, welcomed everyone and asked the council members to introduce themselves.
2. Approval of minutes (see handout) Meeting – February 21, 2007
Motion: (A. West, B. Baines) Motion to approve the minutes of the meeting held February 21, 2007. Discussion: None
Motion continued: Unanimous to approve (Bill Sutter, Bob Baines, Glenn Libby, Timothy Kief, Mike Danforth, Al West, Scott Tilton, Susan Farady and Dana Temple)
3. Regulations - Action (voting) (see 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 50.02 Spiny Dogfish, Trip Limit – proposed increase and notice of quota closure; and Chapter 50.03 & Chapter 8 Landings Program – Reporting for Dogfish
Col. Fessenden reviewed the rulemaking regarding increasing the trip limit for dogfish to 3,000 lbs in state waters during the times when federal waters are not closed.
Motion: (A. West, B. Baines) Motion to accept the rulemaking in Chapter 55.02, 50.03 and 8, as written.
Discussion: Col. Fessenden responded to questions: yes, if you have a federal permit you must abide by those rules first; he will check on what the federal limit currently is; this pertains to state held commercial fishing license holder; and according to the basis the increase was recommended by the ASMFC.
Motion continued: Unanimous to approve (Bill Sutter, Bob Baines, Glenn Libby, Timothy Kief, Mike Danforth, Al West, Scott Tilton, Susan Farady and Dana Temple)
Chapter 34.10(1)(A)(5) Methods of mesh measurements
Motion: (A. West, M. Danforth) Motion to accept the rulemaking in Chapter 34.10(1)(A)(5), as written.
Discussion: Col. Fessenden reviewed the rulemaking. The feds, state and the Coast Guard found that enforcement of the mesh size using the 5kg weight was being done by people dropping the measure down in the net. The correct way is to put the wedge into the net and let it seek its own depth for proper measure. The Council and enforcement committee looked the issue over and recommended this. The equivalent federal rule became effective May 1, 2007. Our Officers are now getting their weights to enforce shortly.
Motion continued: Unanimous to approve (Bill Sutter, Bob Baines, Glenn Libby, Timothy Kief, Mike Danforth, Al West, Scott Tilton, Susan Farady and Dana Temple)
Chapter 34 Technical amendments to:
Chapter 34.01 Nonresident Groundfish Reporting Regulations – Strike
Chapter 34.10(1)(B)(4)(c)(i)(b) Whiting/silver hake (Merluccius bilinearis) Commercial Effort Restrictions, Season
L. Churchill reviewed briefly.
Motion: (S. Farady, A. West) Motion to accept the rulemaking in Chapter 34.01 and 34(1)(B)(4)(c)(i)(b), as written.
Discussion: None
Motion continued: Unanimous to approve (Bill Sutter, Bob Baines, Glenn Libby, Timothy Kief, Mike Danforth, Al West, Scott Tilton, Susan Farady and Dana Temple)
Chapter 8 Landings Program, Dealer Comprehensive Reporting, Consolidation & Updates
Commissioner Lapointe introduced the rulemaking. Heidi Bray described the specific details of the regulations and development. In 2004 an advisory committee was formed with representatives form the various fisheries to assist the Landings Program on how to move this forward. Most dealers already collect similar or most of the information sought. At this time they have 64 volunteer dealers reporting and there are 80-100 reporting at the federal level. This system is set up so that if you report to the feds that same reported information is available to the state so as to not duplicate reporting requirements.
Motion: (M. Danforth, D. Temple) Motion to accept the rulemaking in Chapter 8, as written.
Discussion: Comm. Lapointe, H. Bray and David Libby answered questions from the council. Topics included: this applies to persons who are dealers including aquaculturists; the landings program funding and sources; the 10% lobster harvester reporting; and allocation issues.
B. Baines described discussions with ASMFC in Washington and that we have no choice on compliance; Comm. Lapointe fought for just the 10% versus 100%; the program could be drastically more expensive if ASMFC required 100% reporting. He also explained that the majority of the lobster harvesters do not support the pending 10% harvester reporting however the LAC and MLA supports it but it is far from unanimous support.
G. Libby: Regarding groundfish he wished they had had more reporting because of allocation issues. Under Magnuson-Stevens he is supporting and area management concept to retain local control however Downeast they have no data on which to base their management idea. They are struggling with this now and should they have had the date they would be better off.
Motion continued: Unanimous to approve (Bill Sutter, Bob Baines, Glenn Libby, Timothy Kief, Mike Danforth, Al West, Scott Tilton, Susan Farady and Dana Temple)
Chapter 36.01(D)(1)&(3) Herring Management Plan, Catch restrictions – ASMFC Zero Tolerance compliance
Commissioner Lapointe reviewed the rulemaking, which came out of the ASMFC Herring Fisheries Management Plan. Maine’s interpretation for the zero tolerance policy was turned down.
Motion: (M. Danforth, B. Baines) Motion to accept the rulemaking in Chapter 34, as written.
Discussion: Comm. Lapointe explained that another season was achieved last year in 2006 on the zero tolerance issue.
Al West: Zero in zero tolerance means nothing and tolerance implies something therefore this is an oxymoron…Of the member states in ASMFC from here to NJ only 2-3 states are affected by this spawning closure. Frozen herring will be sold – they have nothing to lose. The tolerance has worked well for Maine and been enforced; we know as our boat was the first boat pinched. There is one person who has been trying to close this for years. We should identify discrete spawning areas. The schools are not inside. When the eastern Maine spawning areas are closed the boats move south where the adults are and they will be killed. Canada manages its fishery on a percentage level on the spawning areas, letting the boats take a certain percentage and works well. We’re only asking 10% to protect fish.
M. Danforth: Reviewing the comments and opposition he agrees that there should be a tolerance and at some point this council needs to push back.
Comm. Lapointe: If this is not passed, when the Herring Section meets and Maine is found out of compliance then they can send a letter to the Secretary of Commerce. Their next meeting is in August. The process can take 3-5 months. Even though we voted against this at ASMFC this is because it was not in Maine interests; in this particular case we lost. This is part of the ASMFC Plan and it is part of federal law. The other New England States voted against us on this.
The process and consequence of not adopting would start in August and lead to the Secretary of Commerce: 1) corrective action, which is unknown and 2) the Secretary has the authority to close the herring fishery in Maine. NH has likely done their rules and Mass. is likely close and likely to pass.
The Commissioner 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.
Discussion continued, topics: restarting the rulemaking; economics; process and timing; legislative action and if major substantive; etc.
B. Baines: There is opposition to this by the lobster industry. Is this worthwhile to oppose and see what happens? Would this buy some time? If it is shut down it will impact the lobster and herring industries. Is this a choice of being shut down versus buying time to make changes. If it fails what are the interim rules?
Col. Fessenden: The rules passed by the Advisory Council last year include the zero tolerance.
B. Sutter: Could vessels land in other states? Answer: Yes
A. West: This will hit the industry financially.
Comm. Lapointe: To change the system for spawning area protection takes a lot of work.
A. West: Suggest GMRI find a fundable program to do this.
D. Temple: Could it go the way it is and change down the road?
Comm. Lapointe: We presented a very good biological argument against this when we lost. Changing the plan is a long process.
M. Danforth: Does ASMFC have proof that this will help the fishery/conservation?
Comm. Lapointe: No…
A. West: The industry is will to continue to work on this, yes.
Motion continued:
Opposed: Bill Sutter, Bob Baines, Glenn Libby, Timothy Kief, Mike Danforth, Al West, Scott Tilton
Abstained: Susan Farady, Dana Temple
The motion failed to pass by a majority of opposition votes.
4. Other Business
Gear Conflict Issues
Comm. Lapointe: Groundfish versus fixed lobster gear conflicts as emphasized by Vincent Balzano; sea cucumbers versus lobster gear in Zone B; and the herring boats off Sequin versus lobster gear in Zone E, to name examples. The discussion on these issues and similar ones needs to be continued.
B. Sutter asked what issue caused this to be raised now.
Comm. Lapointe: Vincent Balzano with 27 groundfish days left tried to fish tows he has been able to traditionally and couldn’t due to the fixed gear there. Everyone had a terrible spring; examples like this bring these issues to a pressure point and they are worth mentioning.
B. Sutter: Beyond the 3-mile line there is nothing to intervene but inside of 3-miles are there nay proposals?
Comm. Lapointe: Meetings were formalized between the shrimp trawlers and fixed gear fisheries. However, when one fishery is regulated to protect another it is major substantive and without guaranteed results.
B. Sutter: The scallop start dates have been pushed back from November, December or January due to gear conflicts…the scallop fishermen are losing…
Comm. Lapointe: We passed the 30-day tending rule versus legitimate issues such as boat broke down but not going to Florida in January and can’t haul.
B. Sutter: I fish in January and know these guys are not because their boat is in the dooryard and they’ve not renewed their license. Waiting to look into this by enforcement after scallop season does impact folks like me.
Comm. Lapointe: Enforcement actions are listed in the LAC newsletter. The other issue is that many folks complain but never call patrol.
B. Sutter: They can focus on this but it doesn’t solve the problem. I fish in the river where there is no lobster fishery in the winter. This hurts the economics and the rights to fish; when the season is a limited amount of time versus an 8-9 month season this should be considered.
B. Baines: The LAC has discussed a season and having a time when all gear must be removed; such as January through March; but there are those persons who make money during those months. There are conflicts in the shrimp tows and with the mussel fishermen. How and when to draw the line and who wants to fish impact this…
B. Sutter: Scalloping should be allowed year round.
B. Baines: 90% of the lobsters are caught during certain months.
B. Sutter: What is the percentage caught in state waters versus offshore in the winter?
B. Baines: The LAC didn’t get any place with this; they would not cut themselves.
Comm. Lapointe: Don’t lump all the lobster fishermen together; but enough do cause problems
Discussion continued about trap tags and timing of changing the tags.
G. Libby: We had successful meetings in the shrimp industry with lobster fishermen; made maps of the tows; I can call the guys and within a few days the gear is gone; they did help us.
T. Kief: It seems that we give, give, give and the lobster industry keeps getting what it wants.
Discussion continued about junk or ghost traps and disposal.
LD update (see handout)
Discussion topics included: convictions; NH landings in Kittery; Monhegan; Groundfish money; appropriations; public health peer review; recreational fishing license; etc.
There was agreement by the council members to cancel the next meeting and they would be willing to vote by ballot on the Chapter 26 rulemakings for the sea urchin season.
Motion: (M. Danforth, S. Tilton), the Council voted to adjourn.
Motion continued: Unanimous to approve
