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Commercial Fisheries News
Volume 35 Number 3
November 2008
Lobster council discusses certification, trap tags
HALLOWELL, ME – On Oct. 2, the Maine Department of Marine Resources (DMR) Lobster Advisory Council met to discuss certification, penalties, and trap tag issuance policies.
John Hathaway, owner of Shucks Maine Lobster in Richmond, updated the council concerning progress made towards obtaining Marine Stewardship Council (MSC) certification.
Last February, Gov. John Baldacci appointed an informal working group, which includes Hathaway, to explore MSC certification of the Maine lobster fishery as a sustainable fishery.
The MSC is an independent nonprofit organization based in London, England but with offices around the world that promotes responsible fishing practices. Every fishery seeking certification is required by the MSC to undergo a pre-assessment as a first step to identify both strengths and weaknesses that may affect the fishery’s chances to obtain certification.
In a follow-up interview, Hathaway said the MSC also identifies goals or “conditions” that fisheries must meet to maintain certification.
“The initial MSC sustainability certification time period is granted for five years,” he explained. “After five years, some goals need to be met.”
The council had concerns about what “conditions” or goals the MSC would expect from the Maine industry.
Hathaway said that, at this time, “the whole process is an unknown, which means any potential conditions MSC (might) establish are also unknown. But the industry can negotiate any condition it does not agree with or even decide not to move forward with full certification after the final assessment is complete.”
The lobster advisory council also had concerns about both the initial cost of a full assessment and the ongoing costs associated with maintaining certification over time.
Money has been raised privately through “The Fund for Sustainable Maine Lobster” and Hathaway said the working group “is committed to raising funds privately.”
The council also asked who the MSC “client” will be if certification is granted.
Hathaway said the answer to that question was evolving.
“As we move forward in the certification process, the definition of ‘client’ needs to become more inclusive,” he said.
Hathaway remained committed to seeking certification.
“Everyone, especially consumers in foreign markets, has heard about the Marine Stewardship Council,” he said. “MSC certification will help us open up new markets and not lose the markets we have now by delivering the message that Maine lobster is better than any other lobster.”
Stricter penalties
The council unanimously supported a proposal to the Maine Legislature recommending increased fines and penalties for violations of lobster regulations.
The proposal includes increasing monetary fines five-fold. A current fine of $100 would be raised to $500. A current fine of $1,000 would be raised to $5,000.
The council also recommended changing rules governing license suspensions. Currently, license suspension is at the discretion of the DMR commissioner.
The recommended change would set a mandatory suspension once an individual has been caught, on two separate occasions, with five or more illegal lobsters in a seven-year period.
“This change makes sense because it allows for stricter enforcement for harvesting of all illegal lobsters – oversize, v-notch, egg-bearing – not just under-the-measure lobsters,” said Col. Joe Fessenden of the Maine Marine Patrol.
Lobster advisory council Chairman Bob Baines called the proposals “a very positive step for the industry that is long past due.”
Replacement tags
The council also reviewed a written proposal outlining the future process fishermen will need to go through to obtain replacement tags for lost gear. Current rules allow lobstermen to buy their maximum 800 tags under the state’s 800 trap limit and, at the same time, the 10% replacement tags, 80 tags if the maximum tags are bought, intended to be used only if traps are lost.
In a follow-up interview, council member John Drouin of Cutler said, “I am happy this issue has finally come to the commissioner’s attention. We kept hearing guys talk about fishing 880 traps (the state’s 800-trap limit plus 80 replacement tags). Something needed to change so those extra tags are not being fished as regular tags.”
Under the proposal, lobstermen no longer will be allowed to request their 10% extra tags upfront when renewing lobster licenses. Instead, lobstermen needing new tags for lost traps will have to contact the Maine Marine Patrol directly.
The new policy will require lobstermen seeking replacement tags to submit an affidavit, including at least their name, date of birth, and license number.
Additionally, lobstermen will need to state the reason they lost the trap tags, including the day and location the loss occurred.
All affidavits will have to be submitted to a Maine Marine Patrol officer to sign and date, after which the individual lobsterman will be responsible for submitting the signed affidavit to the DMR licensing office in Hallowell, along with whatever payment is required.
Trap tag freeze
Following up on a previous request from the council, DMR Commissioner George Lapointe presented proposed language for legislation to freeze the number of trap tags issued.
After some discussion, the council rejected the proposal.
In a follow-up interview, Bob Baines reiterated his position on the issue of effort control in the Maine lobster fishery, saying he strongly supported both an immediate trap tag freeze and eventual tiered license system.
However, he said, “As far as I know, there is nothing from outside the DMR or the advisory council moving forward to the Legislature as far as a tiered license system.”
Drouin said he rejected the proposal in part because it would take a considerable amount of time to move through the system while only remaining in effect for a very brief period.
“By the time this proposal worked through the legislators and reached implementation, the freeze would only be in effect for about a month,” he said. “It just didn’t make sense to move forward with the proposal.”
Drouin added that the timing might no longer be right for a trap tag freeze.
“The industry is going to lose a lot of people because of the bad economy, low lobster prices, and the declining catch,” he said. “Putting in a trap tag freeze right now will just make people panic.”
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