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Commercial Fisheries News
Volume 34 Number 8
April 2007
Maine debates sea cucumber, lobster bills
AUGUSTA, ME In addition to taking action on LD 170 (see story page 11A), members of the Maine Legislature’s Marine Resources Committee recently held a public hearing and four work sessions on other marine legislation before them.
What follows are the bill numbers and titles, primary sponsors, and brief summaries of the committee’s discussion on March 14.
• LD 798 An Act to Standardize Inshore Dragging Seasons for Scallops and Sea Cucumbers sponsored by Sen. Dennis Damon (D-District 28).
This bill would change the sea cucumber dragging closure period from July 1-Sept. 30 to April 16-Nov. 30 to align it with the scallop season.
The testimony given by lobstermen, sea cucumber draggers (pickle boats), many of whom are also lobstermen, and processors focused on several issues.
Bill opponents contended that the pickle boats ruin the bottom where they tow, making the regularly fished areas unproductive for lobsters.
In response, several pickle boat captains testified that the drags are long between 12'-15' long but are made out of buoyant twine that doesn’t lay or scrape the bottom unlike other types of dragging gear.
Fishermen also spoke about gear conflicts that primarily seem to be happening in the “highyield” sea cucumber areas of Frenchman’s Bay.
“I tie balloons on traps (so that lobstermen can locate them). I save more gear than I ever destroy,” said Stonington sea cucumber fisherman Matt Eaton.
The three Downeast sea cucumber processors Cherry Point Products Inc. of Milbridge, ISF Trading Co. Inc. of Lubec, and Elegant Seafoods LLC of Addison all testified that the proposed season change would devastate their businesses.
“We employ 65-100 people, own five boats, and have a $2 million payroll,” said Drusilla Ray of Cherry Point Products Inc. “This will put us out of business.”
The processors and pickle boat fishermen testified that they typically don’t start fishing until November to avoid gear conflicts and that April, May, and June are the best months because the weather tends to be bad December through March.
Swans Island fisherman Spencer Joyce said the key here is communication. He recommended fishermen listen to channels 67, 88, and sometimes 21 on the VHF to find out what’s going on in their area.
The Marine Resources Committee scheduled a March 21 work session to further discuss the bill.
Action taken
The committee killed several lobster-related bills in addition to LD 170, including the following.
• LD 16 An Act To Make Lobster Trap Molesting A Civil Offense sponsored by Rep. Ed Mazurek (D-Rockland). This bill would have decriminalized trap molestation, making it a civil, not a criminal offense.
Some committee members expressed concern about the bill.
“The penalty needs to fit the crime the seriousness of this should have a jury trial,” said Sen. Dana Dow (R-District 20).
The committee voted it “ought not to pass.” However, other committee members endorsed the change because of the difficulties associated with prosecuting trap molestation cases as criminal offenses. So a minority report will be issued that it “ought to pass with amendments.”
• LD 509 An Act to Amend Laws Pertaining to Entry into the Lobster Fishery sponsored by Mazurek. This bill would have made 17 the youngest age at which a person could obtain a commercial lobster license. It also would have allowed a zone to decide if it wanted to create a separate waiting list for young people.
Damon, who is cochair of the Marine Resources Committee, made a motion to amend the bill to make yearround island communities with no mainland connection by land bridge exempt from the measure.
“To lose the island population is to lose what makes Maine Maine,” he said. “The island economy would be hurt and it may drive islanders to the mainland.”
The islands are included in zones that make up mainland areas. For example, Swans Island is in Zone B. But under this measure, Damon said Swans Island fishermen would have to compete against Zone B mainland fishermen who outnumber them.
Several of the committee members debated how the measure would affect remote areas Downeast such as Zone A.
After two separate votes, the committee agreed the bill “ought to pass with amendment.” The amendment includes the island communities connected to the mainland by a land bridge, but the committee still needs to decide on residency requirements.
Rep. Harold Ian Emery (R-Cutler), who fought hard for his constituents, voted against the bill and asked that a minority report be issued that it “ought to pass with amendments exempting Islands and Zone A.”
• LD 612 Resolve, To Establish a Lobster Trap Tag Transfer Program sponsored by Rep. John Tuttle (DSanford). This bill would have required the commissioner of the Department of Marine Resources to establish a lobster trap tag transfer program.
“I felt (tag transfer) fees for apprentices would make it impossible to get into fishing,” said Rep. Robert Eaton (DSullivan).
The committee unanimously voted it “ought not to pass.”
Herring bycatch
• LD 847 An Act to Support the Commercial Groundfish Industry (Emergency) sponsored by Rep. Christopher Rector (R-Thomaston).
The purpose of this bill is to allow Maine commercial fishermen who are dragging for shrimp to be able to land and sell herring as a bycatch up to a specified limitation.
Due to the complexity of the federal regulations for herring and the state’s concern for river herring, the committee tabled the bill for further research and discussion.
Said Damon, “The bill is still alive.”
Other bills to watch
As of March 16, a number of other marine-related bills had been assigned bill numbers and were making their way through the legislative process. Here are several examples.
• LD 450 An Act To Authorize a General Fund Bond Issue To Support Maine’s Working Waterfronts sponsored by Rep. Hannah Pingree (D-North Haven).
The funds raised through a bond issue would provide $20 million to be used to support land purchases and the preservation of Maine’s working waterfronts and was referred to the Committee on Appropriations and Financial Affairs.
• LD 875 An Act To Continue the Protection of Marine Waters and Organisms from the Risks Posed by the Applications of Pesticides (Emergency) sponsored by Rep. Wendy Pieh (D-Bremen).
This bill would extend and add to last year’s legislation that regulated the application of pesticides near coastal waters to control browntail moths. Among several changes, LD 875 would add Lincoln County to the area in which pesticide spraying restrictions apply. Last year’s legislation had a March 31, 2007 sunset provision. This bill extends that one more year.
The Committee on Agriculture, Conservation, and Forestry voted LD 875 “ought to pass as amended.”
• LD 1377 An Act To Exempt Fuel Used by Commercial Groundfishing Boats from Sales Tax (Emergency) sponsored by Rep. Ann Rand (D-Portland).
This bill would eliminate the 5% state sales tax on diesel for groundfish vessels only. Maine is the only New England state that charges a sales tax on diesel fuel used by commercial fishing vessels.
LD 1377 was referred to the Committee on Taxation.
Rosanne Mizzoni
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