Lobster Zone D Council Meeting
May 29, 2007
Rockland Ferry Terminal
6:30 PM

Present: Doug McLennan, Joe Bates, Kevin Glover, Jason Witham, David Reed, Mike Hutchings, Dan Staples, Jason Hooper, Wayne Canning, Gerry Cushman, Kevin Benner, Gilbert Collamore, James Wotton, Wayne Canning, Rep. Mazurek, Rep. Rector, Rep. Percy and Rep. Miramant. Others present: MP Sgt. Marlowe Sonksen, Sarah Cotnoir, Sarah Lash, Donna Hall, Mathew Thomson, Matt Webber, Mike Dassatt and Sheila Dassatt.

Motion: (G. Cushman and G. Collamore) To accept April 25, 2007 minutes. (Unanimous in favor)

Delegate Reports:

Lobster Advisory Council

Gerry Cushman gave an update on the Lobster Advisory Council meeting last Wednesday.
A Sub-committee was formed to discuss random drug testing; Gerry said he did not speak on behalf of group because it was not discussed much at the last meeting. Dan Staples wonders where this originated. The commercial fishing safety council brought it up last year and the LAC voted to go forward. This is bigger than what was originally thought (who will be tested, consequences, funding, etc.). Testing is already done in an accident or fatality.

Joe Bates said he is in favor of random drug testing and no one he has talked to is opposed to the idea. Joe said that some issues are having a more professional image and insurance. If one person goes aground, then insurance goes up. With trucks, the testing is random and a person has 90 days to clear up and is on probation during this time. Joe stated that there is a consortium that manages the testing. Rep. Miramant stated that they had a program in the airline industry and it proved that it was not necessary based on the low number of positives. Sgt. Sonksen said that probable cause on the water is more difficult to prove than on the road, but cannot speak for Patrol on this issue. Sarah said that random drug testing would not be done by Patrol. Rep. Mazurek stated that the only way to use this as a way to reduce drug use is to take licenses away; it does not stop people on the road and is futile unless there is a lot of effort. Questions have come up as to whether the lobster license will be taken away or all commercial fishing licenses. The subcommittee will be looking at all of those issues.

A notice will be coming regarding alternative bait. Gerry stated the LAC voted to ban it until there is a better understanding of it and there will be public hearings on this issue. There is already a law that if it did not come from the ocean, it should not go into the ocean. A vote was taken at the April LAC meeting on requiring labeling on alternative bait. One abstained and others in favor of going forward with requiring labeling. Wayne Canning said he asked two manufacturers of alternative bait to attend the meeting tonight, but they did not show up.
Dan S. thinks that all funds for research should come from the people producing it.
If short and long term effects are tested, they should be done through a third-party, such as the university. Some of the alternative baits will be tested for heavy metals from an outside source. Mike Hutchings states that he does not want to ban something that eventually might be necessary to have, if there is a severe bait shortage.
Jason Hooper agrees and states that there should be guidelines. Gerry wants testing to be done first. He also said that the two lobster dealers on the LAC stated that they do not like to buy lobsters caught with cowhide.

Rep. Percy wonders if the council can go to the Lobster Institute to request that they study alternative bait. Doug clarified that at the last meeting the council decided to request a ban until it was better understood.

This council approved the ban of alternative bait “while research is being done”, but not indefinitely. They reiterated from their last meeting that they would like to see DMR put some money into alternative bait research.

Gerry said that MLA is fighting against the whale rules and has attorneys working on a lawsuit.
Gerry mentioned escape panels and states that a 4x4 mesh is recommended at this time to help with releasing oversized lobsters and that it will be discussed at the next LAC meeting. Several people asked if a 4x4 mesh on door would interfere with bungee, which is illegal. Wayne states that large lobsters may not be able to access the panel. Dan would like to move forward on this issue and would like no restrictions on placement of panel and does not care about size (4x3 or 4x4). James states that he has heard no objections for 4x3 mesh. Council members supported a 3x4 mesh for the biodegradable panel with placement (as long as it's legal) up to the harvester with an implementation date of June 2008.

Zone C – Wayne Canning

Zone C has not had a meeting since we last met.

Zone E

Zone E meeting has a meeting scheduled for June 5th.

DMR Updates

Recently, there were public hearings on dealer reporting. It is currently on a volunteer basis, but will be mandatory beginning January 1, 2008. Harvester reporting will be a 10% sampling of all lobster harvesters.

Zone A requires that people must apprentice in Zone A to get a license in Zone A and a sponsor must have held a license for 5 years before taking on an apprentice. Zones B and G are also in the process of potentially adopting these rules relative to their zones. Zone C will be sending a questionnaire on limited entry interest.

At the next LAC meeting, seed lobster fund allocations will be discussed (research or female lobster liberation). There is a 2,000 pound cap for seed lobsters. The LAC will have the discussion to increase that on their next agenda.

Random drug testing will be reviewed by the LAC subcommittee.

Research priorities have not yet been set for this year. Last year they were aging and growth and efficacy of lobster hatcheries. Carl’s ongoing monitoring project gets $40,000; $10,000 is allocated as discretionary (oil spill, etc), $25,000 for lobster pounds and usually about $10,000 is available for each zone.

Sarah gave an overview of the current legislation that will affect lobstermen, with help from the Legislative Delegation that were present at the meeting of the current status of the bills as they move through the House and Senate. Below is a summary of their current status:

LD 16 – “An Act to Make Lobster Trap Molesting a Civil Offense”
This bill would decriminalize the offense of molesting a lobster trap and makes it a civil offense.

Status: Passed in the House and the Senate will be voting on it today or tomorrow.

LD 311 – “An Act to Create a Nonresident Lobster and Crab Landing Permit”
This bill creates a new permit that allows nonresident lobster fishermen to land their catch in a Maine port.

Status: Passed

LD 509 – “An Act to Amend Laws Pertaining to Entry into the Lobster Fishery”
This bill makes the following changes to the laws governing entry into the lobster fishery.

o It makes 17 the youngest age at which one can obtain a Class I, II or III commercial lobster and crab fishing license.
o It creates a new lobster management policy council authority that would allow a zone to consider whether or not to create a separate waiting list for young people’s entry into that zone.
o It changes the method for calculating a zone’s exit-to-entry ratio from lobster licenses not renewed to trap tags retired in the previous year.
Status: Passed
LD 691 – “An Act to Modify Lobster License Fees”
This bill reduces the license fee for people over 70.

Status: Passed

LD 1594 – “An Act to Amend the Laws Governing Closed Periods for the Hauling of Lobster Traps”

This bill changes the closed period for hauling lobster traps from June 1st through October 31st to June 1st through August 31st.

Status: Carried over until January 2008.

LD 1870 - “An Act to Provide Flexibility within the Monhegan Lobster Conservation Area and To Strengthen the Eligibility Requirements for a Student Lobster Fishing License”
Rep. Percy went over the Monhegan bill with the group. Leila stated that LD 1870 also strengthens the eligibility for student licenses; college students must be in a full time program of study. This bill went before the House today and will go to the Senate tomorrow, with the amendments to the bill that address concerns brought forward by Zone D. Rep. Mazurek stated that the amendments were worked out to the satisfaction of those present at the work session and that he had some difficulties deciding whether it is fair for them to have their own rules just because they are an island.
Dan Staples acknowledged that he wasn't at the public hearing or the work session, but wanted the Representatives to hear his three comments. He asked Matt Weber what he would learn from apprenticing with a Monhegan sponsor after 30+ years of lobstering. Matt told him there were some differences. Sarah added that the apprenticeship on Monhegan is not just for fishing, but shows a commitment to the island community and that it demonstrates that a person is willing to make the investment, if you will, to live on the island. Rep. Percy also reminded Dan about one of the big components of the bill - economic viability of living on an island. She also reminded the group that a lot of the amendments that went into the bill came out of their council. Dan suggested that if a current lobster license holder has to take the Monhegan apprentice program, then a Monhegan license holder should have to take an apprentice program if they go to the mainland.
Dan also commented that he thought that a Monhegan license holder coming to the mainland should have to go on a waiting list if they want to fish in Zone D and Gerry Cushman agreed. The Council was reminded that Monhegan Island was part of Zone D. Dan reiterated that it is not a level playing field. Kevin said he went to the public hearing and would like to see a waiting list for lobstermen leaving Monhegan for the mainland. When transferring from zone to zone, a person can still fish in their current harbor until the transfer is made, which is difficult to do on an island. Matt said that the 5 year requirement to live on the island and not go on a waiting list is there so that it is not a vehicle for people to get a Zone D license and agrees that the inconsistency is a problem. A person asked if people from Monhegan moving to the mainland start out with 300 traps or enter at 800. Sarah said that they would come in with their current limit and could increase up to 100 traps per year until they reach the zone limit of 800 traps.
Dan Staples also asked Rep. Percy why this last minute amendment about student eligibility (that he agreed with) was added. She explained it and he said that it wasn't an appropriate place to put the new law.

Motion: G. Cushman made a motion to wait until the Monhegan decision is made to schedule the next Zone D meeting, seconded by Jason Hooper. No vote was taken.

Rep. Percy talked about the Saltwater Recreational Fishing License bill and stated that a license will be required by the Feds soon. Leila said she would like to see Maine enact the law first so the fees can be set and the money will stay in Maine for more programs for fishing opportunities for saltwater anglers. Joe Bates said he would like the Federal government to implement this and enforce it because Marine Patrol would not be able to enforce this law because they are spread too thin as it is. Rep. Percy said the money would leave the State of Maine if this was the case. Rep. Mazurek said that there was no consensus on this issue when it was discussed. Gerry said that Marine Resources is already too thin to cover a new law like this. Both Rep. Percy & Rep. Mazurek said that new people would have to be hired. Sgt. Sonksen said even if it was a Federal law the State of Maine would be paid to enforce it.

 

Old Business:

Council members asked what happened to the 20 fathom tailer discussion. Mike Hutchings said that limiting the tailer length is not popular in his area because tankers go through. Sarah said it has been considered and after much discussion with Marine Patrol, it was decided that the concept has been tabled for now, but it may come up again.

Gerry said that several people have asked about closing inside 3 miles during January – March and would like to discuss it. Dan Staples said he has heard of support for it in his area. Mike Hutchings said that in his area people fish for crab inside during this time frame and sometimes have lobsters as an incidental catch, so he does not support it. Gerry said that this was brought up as a way to reduce wet storage problems. Dan said he supported a 2-3 month closure and that he thought if it was brought to ASMFC, it showed a good faith effort in the name of conservation. The 10-year average for January – March accounts for 2% of the annual landings. Sgt. Sonksen said that this would be a problem to enforce because of the large area and crab fishing. Kevin said he opposes it if it excludes the islands, such as Monhegan, and states that fishing in these months also depends on the weather. Jason Hooper would like to leave it alone until it is a problem. Sgt. Sonksen said that even a two-week closed period would help with the wet storage issue.

After the discussion no vote was taken on this issue.

The next meeting has not been scheduled.

Meeting adjourned at 8:45 pm.