Lobster Zone D Council Meeting
March 8, 2007
Rockland Ferry Terminal
6:30 PM
Present: Michael Dawson, Doug McLennan, Joe Bates, Kevin Glover, Jason Witham, David Reed Jason Hooper, Mike Hutchings, Dan Staples, Gerry Cushman, Kevin Benner, James Wotton, Wayne Canning and Rep. Mazurek. Others present: MPO Matt Wyman, Sarah Cotnoir, Sarah Lash, Carl Wilson, Trisha Cheney, Mike Myrick, Bob Baines, Donny Young and Howard Gray.
Motion: (G. Cushman and K. Benner) To accept January 23, 2007 minutes. (Unanimous in favor)
Open to public:
Rep. Mazurek thanked the lobstermen for their presence at the LD170 public hearing. He said it was impressive and he encouraged lobstermen to be present at meetings on Tuesday’s and Thursday’s and said they don’t need to say anything but greet people and say that they are a lobsterman. He encouraged them to attend the work session on LD 170 on Wednesday. Rep Mazurek says that the location for the work session has not yet been set.
D. Staples said that he would be going on Tuesday and Thursday with G. Cushman and that the bill has been talked about for a long time but only made into a bill recently to try to slide it in at the 11th hour.
Bob Baines stated that the MLA served lobster chowder to legislatures, most of who are in opposition of bill and encourages many to be present at the work session on Wednesday at 1pm
Delegate Reports:
Lobster Advisory Council
Sarah Cotnoir said there was discussion at the last LAC meeting on artificial bait. G. Cushman stated that it is a “puck” and is unsure what it is made of but would like to find out what the ingredients are so that nothing harmful is put on the bottom. Gerry explained that Sonny Sprague attended the LAC and proposed his idea about having a larger escape vent.
Bob Baines says that a 5x5 inch vent was proposed because generally ghost traps have oversized lobsters, he is not sure what would be recommended and it is important to make sure the door is still secure.
Gerry stated that requiring a tighter mesh on the bottom of traps was brought up to protect against lobsters being killed while bringing over the washboard. Don said that it would be phased in and would not be a sudden change and would not hurt anything.
After reviewing Sonny Sprague’s idea’s Zone D unanimously supported in theory increasing the biodegradable panel, as long as it doesn't affect the size of the escape vent. There was some support in theory to explore the thought of smaller wire mesh on the bottom to protect the smaller lobsters.
7 in favor and 5 abstained.
Sarah said that artificial bait will be on the agenda at the next LAC meeting and it may be recommended that the packaging includes an ingredients list. Sarah said that representatives from the National Marine Weather Service would like to talk with more fishermen within zones so that they can more accurately forecast the weather for each area and that they are willing to come to zone meetings. Several people say that they would like more weather buoys rather than having more zones. Mike Dawson said that they could come to a meeting. Sarah stated that the NMWS would like to have input by October.
Gerry Cushman encouraged everyone to attend LAC meetings. Sarah said that the next meeting is scheduled for April 18th.
ASFMC
Bob Baines reviewed the details of Addendum X and said that Addendum X (similar to Addendum 8 on mandatory reporting) would require 10% of lobstermen to report each trip (this would report on effort), other reporting would be done by the dealer (reporting poundage/trip, but not effort), this passed 5 to 4; it will stay at the level of 10% if it is representative of the lobster fishery. Reporting will be done by the primary dealer right off the boat. Jason wonders if it will be like a lottery. Bob said it will be a lottery, including non-commercial, etc, and no one would have to report 2 years in a row.
Whales
Bob Baines stated that there are two environmental organizations with lawsuits against NMFS. Several groups have put up money, but there needs to be more for a defense fund, lobstermen need to give money or join the MLA. Bob said that $18,000 was given at the forum, but $40K is needed for the first stage, $100K at next stage. Gerry stated that the MLA is taking the bull by the horns with the rope issues and that they are our only support and need money.
Gerry said that with a groundfishing issue, the judge sided with the environmentalists. Bob said that there is no guarantee and that it only gives the NMFS a seat at the table.
Warnings have been given around Criehaven about gear in a closed whale zone.
Zone C – Wayne Canning
Wayne attended a meeting on February 22 and said that the agenda was very similar to that of Zone D. LD170 was opposed and Carl Wilson was there to do a science update. They were still talking about limiting entry in Zone C and will have another meeting in April
Zone E
Kevin did not attend the meeting but Sarah stated that primarily all Legislation was discussed and that Zone E is interested in mirroring zone D on the effort bill but they were not unanimously in favor. Zone G was opposed to it and previously were supporting it and Zone E thought that it was too much in one bill.
District Reports
None
DMR Updates
Sarah said that Cullen Wilson has been hired as the new Gear Specialist.
Sarah mentioned that last fall there was discussion of the idea of 20-fathom maximum tailer length and there would be discussion at the next LAC meeting about it. Kevin and James expect some to be opposed to it but think most people would probably support it. A comment was made that it would impact Friendship fishermen.
Carl Wilson presented a Science Update on the lobster monitoring programs (port sampling, sea sampling, settlement index, trawl surveys, ventless traps. Gerry wondered how lobsters can be prevented from migrating to the east. Carl said that they are not migrating but that environmental conditions are changing and settlement is increasing in different areas. Also that die-off can be related to increased temperature but also petrochemical byproducts that mimic anti-molting hormone in lobsters, and makes them more susceptible to shell disease as the shell is carried longer, pesticides also affect lobster health (companies admitted no fault but paid). Kevin asked about de-icer chemicals. Carl said that MBNA had to go through a process to expand the Owls Head Airport and that de-icing chemicals do affect crustaceans at low concentrations and that they have a leaching process to account for this when they expanded.
Legislation
LD 691 – “An Act to Modify Lobster License Fees”—cut license cost in half but still has a surcharge; this went into affect on Wednesday.
LD 509 – “An Act to Amend Laws Pertaining to Entry into Lobster Fishery”. The work session for this will be on Wednesday; the student waiting list component of this had a lot of opposition and seemed problematic for some, particularly islands. Dan said that this is zone specific.
Rep. Mazurek said that there was opposition even though it was a zone option; however they concurred with Rep. Mazurek that after hearing testimony. Age 17 before getting a commercial license and using tags in the exit ratio seemed to have quite a bit of support. Joe said that people were afraid that if other zones have a student list, they will be pressured into having one.
Sarah said that people are afraid of jumping zones but said that the apprenticeship must be done in the zone that the commercial license is given. Bob said they are afraid of unintended consequences, such as it becoming mandatory later. Dan said that he thought that those in opposition thought that if several zones adopt it, than the State will pressure them to do the same. Doug said that it is more difficult to get a law out than put one in.
LD621—Resolve, To Establish a Lobster Trap Tag Transfer Program
This bill was heard yesterday; Bob said and that one person spoke in favor of it from South Carolina but that there was not very much support. Rep Mazurek stated that it will probably not go through.
LD16 - "An Act To Make Lobster Trap Molesting a Civil Offense". Decriminalization of trap molestation has a work session coming up, several have spoken against it, including Joe Bates and the seriousness of the issue was clarified. Joe said that the burden of proof needed for trap molestation would be no more than that for a speeding violation and that a license would be taken away for 3 years. Dan S. said that someone spoke and said that it will make it too easy for the Marine Patrol. Kevin B. said that there is not very much evidence to say that someone did it if the Marine Patrol is not right there. Joe agreed and was concerned about the lack of a jury. Bob said that it has been changed so that there could be a jury trial. Mike said that a written testimony is a good idea so that all committee members have a chance to read it.
New Business:
Howard Gray of Zone G spoke on this plan to present his bill “An Act to Protect Fishing Families”. He is 73 and would like to pass his license on to son who fished for 20 years then gave up his license. His son was in the apprentice program for 2 years and has been on waiting list for 4 years, it is a 1:5 exit ratio (previously 1:2) in Zone G and Mr. Gray said that his son will probably have to wait 10-15 years to get his license. He is unhappy with the apprentice program as it is now would like to get a bill in this year or next. Gerry said that the issue was brought up 2 years ago. Howard said that in that version, a license could be passed on to any relative and in this version; it would be just for a son or daughter. Gerry says that it will push people back because a license that was passed on would not go into the ratio. Wayne said that this should have already been in place. Jason liked it in theory. Gerry wondered if it would include step-children. Mike said that for it to go in it should have no loopholes, like only transferred one time so that it could not be transferred from person to person. Doug questioned if it will be statewide or zone by zone. Gerry said he would like it to be a zone option. Jason thinks that it will mess with the apprenticeship program too much. Donny said that whatever is done, it is just a way for more people to get into the zone, where is it going to stop, if this bill goes through, then what about grandchildren, people will start holding their license until their child wants it, he said it should have been started in the beginning.
Sarah says that it would probably have to be statewide, partially because of loopholes. Three zones are definitely in favor of it, including C and G, one zone is against it. Most like the idea but are concerned about people getting around it (biological children, etc.)
The Code of Ethics was tabled at the last meeting to give people a chance to look it over. A motion was made for Zone D Council Members to sign the Code of Ethics.
Motion: (G. Cushman and J. Wotton) To accept the Code of Ethics (Unanimous in favor)
Next meeting scheduled for Tuesday May 15th at the Rockland Ferry Terminal.
Meeting adjourned at 8:50 pm
