Lobster Zone D Council Meeting
January 23, 2007
Rockland Ferry Terminal
6:30 PM

Present: Chair Michael Dawson, Doug McLennan, Joe Bates, Kevin Glover, Gilbert Collamore, Jason Witham, Dan Miller, Jason Hooper, Mike Hutchings, Gerry Cushman, James Wotton, Wayne Canning and Rep. Mazurek. Others present: Sgt. Marlowe Sonksen, Sarah Cotnoir, Sarah Lash, Mike Myrick, Bob Baines, David Black and Steve Miller.

Motion: (G. Cushman and W. Canning) To accept November 20, 2006 minutes. (12 in favor and 0 opposed).

Open to public:

Landing of dragged lobsters (MLA handout)
Bob Baines distributed MLA’s Handout regarding LD 170. It needs opposition by lobstermen. The proposed bill says that dragging can account for 6% of landings in the state from Area 3. Jason states that he is opposed to the bill because he does not want the traditional lobster fishermen to take a hit when draggers deplete the fishery. G. Cushman states that he thinks dragging for lobsters should be banned completely, but says that it would be a federal issue. No New England state allows dragging within state waters, but some allow landings from federal waters. M. Dawson states that allowing dragged lobsters to be landed in Maine will not save the Fish Exchange as the media says it will.

Motion: (G. Cushman and G. Collamore) LD # 170. (0 in favor and 12 opposed).

Rep. Mazurek states that there are people in the state supporting the bill and that lobster fishermen need to be present at the public hearing to voice their opposition. B. Baines states that it is important to not be complacent. Proponents have an argument that they are being landed anyway, they might as well land in Maine. If there is a strong representation of lobstermen opposed to it, then it might not go through. There will be a rebuttal of what was said in support of the bill next week on Channel 6.

Delegate Reports:
Lobster Advisory Council
There hasn’t been an LAC meeting since the last Zone D meeting. The next LAC meeting is scheduled for 1:00 pm on February 13 at DMR.

ASMFC
Addendum VIII has passed requiring lobster harvester and dealer reporting. It will require at least 10% of the harvesters to keep a daily log of their lobster catch. Addendum X is similar; a landing data collection program with minimal reporting at 10% and will be voted on shortly by the Lobster Management Board. This will only affect Maine because everyone else is already reporting at some level. The state will be able to come up with its own plan, with 10% of lobstermen reporting their landings and dealers report for individuals who sell to them. There was a question whether it would be anonymous. It is not verifiable if anonymous, based on the number of lobstermen in Maine. 10% is the guess on the number needed to make the data significant. It will be implemented by January 2008. There was also a question about who will be able to access that data. It will not be public. Bob stated that it is important for full time lobstermen to have their name with this data. If there is another effort reduction, maybe it could be that big guys do not have to reduce their number of traps, while little guys get to increase their traps. The consequence of not complying is you can’t renew your license.

Whales

Mike Myrick went to meeting with MLA and states that no final ruling has been made yet. There has been no decision on prohibition of float rope. The meeting focused on fighting against it —low profile rope, rocky bottom and exemption lines. At this point, there is no projected date on when it will be out. Sarah mentioned the Take Reduction Team meeting wish list. Mike added that lots of impractical ideas were proposed at the Take Reduction Team meeting - glow rope, electric and acoustical methods for keeping whales out of rope. NMFS has encouraged states to submit low profile groundline proposals.

Mike Myrick says that foraging projects will be attempted to show where food is and where whales are feeding. A lot of the science is in Cape Cod and jumps to the Bay of Fundy.

A question was raised what the MLA will do if rope ruling is unfavorable. A lawsuit will probably be formed if the exemption line is in too far. If it is successful against poly ground line, then they will likely go after poly vertical lines next.

It was stated that thirty years ago, everyone used sinkline and then they went to poly because it was better. What will lobstermen do in a rocky area?

Bob B. states that scientists—Ransom-Myers, WHOI and Andy Rosenburg said that lobstermen could go to a season and reduce effort to avoid the problem, but whale sightings are outside fishing lines in the state of Maine. People are looking at the economic impact on lobstermen and the entire state.

Zone C – Wayne Canning

Has not had a meeting

Zone E

Has not had a meeting

Districts

Kevin Glover asked about the de-icing chemicals at the Owls Head Airport. Are they running off into Pen Bay and affecting lobsters?

DMR Updates
Zone council elections will be held in March and April.

Legislation

LD 311 – An Act To Create a Nonresident Lobster and Crab Landing Permit – they must conform with Maine conservation efforts including size limits and trap limits, but Maine has no jurisdiction to check on traps fished in New Hampshire. There was a question whether Area 3 offshore lobstermen could bring lobsters in. They could as long as they were abiding by all of Maine’s conversation measures. Out of state Area 1 boats could also land lobsters in Maine. A $2,000 fine is nothing for a cost. What about draggers? Right now, New Hampshire lobstermen are having the lobsters driven across state borders. How can it be enforced? New Hampshire fishermen want to come here since there are not many dealers. If they are issued one of these permits, then they should only be issued eight-hundred tags.

Motion: (K. Glover and G. Cushman) LD # 311. (0 in favor and 12 opposed)

LD 16 – An Act to Make Lobster Trap Molesting a Civil Offense - this would mean that it would no longer be a criminal offense, but would be dealt with by the Marine Patrol. One member would like to see a bill that states that if molestation occurs more than once, then the lobster license is permanently removed. If you are found with short lobsters 3 times, then your license is suspended. As soon as you bring someone else’s trap on board, then you are molesting lobster traps under current law. People are not usually written up for this though.

Motion: (J. Hooper and W. Canning) LD # 16. (5 in favor and 7 opposed)

One member is opposed to the bill because even though a criminal charge might be dropped, the Commissioner can do more administratively. This should not be decriminalized. This bill takes it away from the jury and gives the decision to a judge. A question was asked if serious cases could still be tried criminally. Rep. Mazurek explained that it would either be a criminal offense or a civil offense.

LD 92 – An Act To Modify the Boundaries of Maine’s Lobster Fishing Zones – A question was asked why this is coming up again at this time. This is the fourth time this bill has been brought forward. Zones would not exist beyond the 3-mile line. Some thought it would increase effort if it passed and then there would be pressure from the west. Zones F and G have a double tagging system in place for the 49-51% issue and they are removable tags so they can be moved to different traps. Would this effect pocket waters? People within this area would not need a federal permit. Pockets are not state waters; they are federal exemptions.

Motion: (J. Wotton and G. Cushman) LD # 92. (2 in favor and 10 opposed)

G. Cushman asked how people felt about double tagging. He could bring it forward at the next LAC meeting.

The entry into the lobster fishery bill has not been printed yet.

New Business:

Code of Ethics - all State of Maine councils must adopt a Code of Ethics. It was tabled until the next meeting to give people a chance to look it over.

Next meeting scheduled for Thursday, March 8th at the Rockland Ferry Terminal.

Meeting adjourned at 8:45.