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Commercial Fisheries News
Volume 35 Number 3
November 2007
ME adopts herring, bait labeling, halibut rules
AUGUSTA, ME – The Maine Department of Marine Resources (DMR) Advisory Council approved a number of rule-making proposals at its Sept. 19 meeting, including one to bring the state into compliance with the Atlantic States Marine Fisheries Commission (ASMFC) interstate herring plan.
Following an August ASMFC vote to find Maine out of compliance, the DMR, with strong but grudging support from industry, drafted regulations to eliminate the tolerance provision that previously allowed fishermen to land herring taken in spawning closure areas as long as the fish were not in spawning condition.
Specifically, the new measure makes it unlawful to “fish for, take, possess, transfer, or land in the any state of Maine port or facility” any herring from spawning closed areas in Area 1A.
The measure applies to all Maine registered vessels but does have a transport exemption that allows a vessel to transit closed areas with herring – taken outside closed areas – as long as all fishing gear is properly stowed.
A number of industry representatives attending a Sept. 4 public hearing in West Boothbay Harbor spoke in favor of the proposal, not because they endorsed it but to get out from under the ASMFC noncompliance finding, which, if it went forward, could result in serious sanctions against the state’s herring industry, possibly including a federally imposed shut down.
During the hearing, Jeff Kaelin, representing Ocean Spray Partnership and the fishing vessels Providian and AJ, urged the DMR to try to get the spawn herring tolerance back on the ASMFC agenda.
Port Clyde bait dealer Ben Norton agreed, saying the tolerance was necessary to keep the traditional juvenile fishery open.
Alternative bait labels
The advisory council also approved new labeling requirements for alternative lobster bait products that will go into effect Jan. 1, 2008. In its basis statement explaining the requirement, the DMR emphasized that labeling did not constitute approval of any specific ingredient.
“It must be stressed that these rules are intended as a starting point or first step in this matter and are not a comprehensive certification or approval process of ingredients used in alternative bait,” the agency said.
The new requirements define alternative bait as “any bait that does not naturally originate from the ocean,” in accordance with existing Maine law. The regulations then go on to say any such bait sold in the state for use in the lobster/crab industry “must be labeled in a manner that clearly lists all ingredients contained in the bait in descending order of volume.”
The ingredients list must include binders and chemicals, as well as any chemicals used to remove hair from hide bait. The label must appear on all product packaging used by the manufacturer.
Furthermore, a complete list of the ingredients must be provided to the DMR before the sale or distribution of the alternative bait is allowed in the state of Maine.
“The presence of any ingredient in an alternative bait product that is not contained in the label provided to the department shall be prima facia evidence of a violation of this rule,” the regulations state.
During an Aug. 14 public hearing, some alternative bait manufacturers complained that listing their ingredients would compromise their patents and undermine investments made in product development.
In its response, the DMR explained that it currently did not have the personnel or funding to address questions about how or if the alternative bait adversely affects marine resources. The agency added that the labeling requirement does not force bait manufacturers to divulge their specific formulas, only the ingredients so that fishermen can decide whether they want to use the product.
“By providing this minimum level of information,” the DMR said, “the market demands will likely drive what is acceptable.”
Halibut rules
Despite stiff opposition during late August public hearings, the DMR proposed and its advisory council endorsed new state waters halibut regulations. However, the final rules did include a significant change meant to address Maine fishermen’s concerns about competing Canadian product.
The new regulations increase the Atlantic halibut minimum size from 36" to 38" and require commercial fishermen to: use 14/0, 15/0, or 16/0 circle hooks with the current limit of 450 hooks; include extensive and specific information about their fishing activity in mandatory logs; mark trawl buoys with their commercial fishing license number; and purchase tags and attach them to all halibut they land.
The new regs also remove the daily landing limit for commercial fishermen but do not increase the 50-fish per season limit. However, fishermen with a federal groundfish permit must still abide by the more restrictive limit of one halibut per trip, even if they are fishing in state waters. The state regs also make it unlawful to transfer halibut between vessels.
The DMR explained that the minimum size increase was an attempt to leave more sexually immature fish in the water since the data indicate that Gulf of Maine Atlantic halibut as a whole mature at about 39.5" – males mature at a slightly smaller size and females at a slightly larger size.
According to the DMR, good fishery management practices call for leaving at least half of the halibut population in the water long enough to reproduce at least once before recruiting into the fishery.
However, acknowledging fishermen’s protests that the fish they throw back are simply caught by Canadian fishermen, who currently have a 32" minimum, the DMR changed its initial proposed rule to extend the minimum size of halibut landed in the state to all halibut sold in Maine.
The DMR proposal to charge a fee for landing tags was widely panned during the public hearings, with many fishermen saying there was no assurance that the money collected would actually go directly to halibut research by the state.
In its responses to these kinds of comments, the DMR said, “One-hundred percent of the charge would go directly to halibut research and tag administration. The department will be putting forth a bill in the coming legislative session to create a dedicated fund to receive the landing tag revenues to be used solely for the purpose of halibut research and administration.”
Fishermen also were concerned about the cost of the tags. One hearing speaker noted that lobster tags that started off at 10 cents per tag now cost 30 cents per tag.
Responded the DMR, “ The intention is to make (tag cost) pretty nominal, as nominal as we can.”
Monhegan lobster
Finally, the advisory council approved changes to the Monhegan Island Lobster Conservation Area apprentice program and reporting requirements.
Under the changes, apprentices now will have to complete 200 fishing days – up from 150 days – in order to qualify to be placed on the registry to fill lobster license vacancies, and Monhegan area fishermen will have to comply with 100% monthly reporting requirements.
Lobster reporting hearings
Maine fishermen were chafing against another ASMFC-imposed requirement during a series of four hearings held in September. This time it was one that requires the state to make 10% of all lobstermen file mandatory trip-level catch reports each month.
The DMR proposal was to randomly select 10% of all license holders, not including lobster apprentices, during a given calendar year to report the harvesting information required for the following year. No individual would have to report two years in a row. The reports for each trip in a single month would have to be submitted by the 10th of the following month.
In addition to license holder and vessel identification information, reporting lobstermen also would have to provide trip details, including: number of crew; number of traps hauled; average soak time; total number of traps in the water that day; area fished; sea time; estimated pounds landed; dealer license number; and port landed.
Following the hearings, the DMR’s Sarah Cotnoir said turnout was very light, with a total of just over 40 people attending.
“The hearings were minimally attended,” she said, suggesting the reason may have had something to do with a sense among fishermen that the 10% reporting requirement was inevitable.
“We have to be in compliance,” Cotnoir said.
Lorelei Stevens
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