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Commercial Fisheries News
Volume 35 Number 9
May 2008
ME needs harvesters for lobster certification working group
AUGUSTA, ME – The Maine Department of Marine Resources (DMR) Lobster Advisory Council met on April 16 to discuss a full agenda, starting with the subject of “green” labeling for lobster.
DMR Commissioner George Lapointe explained the process the Maine lobster industry needed to go through to gain certification through the Marine Stewardship Council (MSC), a London-based nonprofit group that develops policies for certifying sustainable fisheries worldwide.
Lapointe said a four-to-six week pre-assessment of the Maine lobster industry was expected to begin on May 1. The results will be reviewed by the Governor’s Working Group on Maine Lobster Sustainability.
He added that additional members are being sought to serve on the working group and asked that recommendations be e-mailed to him.
Dana Somers, executive director of the Maine Lobster Promotion Council (MLPC), said that the working group needed to be representative of the entire lobster industry.
“More harvesters and dealers need to be included,” he said.
Patrice McCarron, executive director of the Maine Lobstermen’s Association (MLA), suggested adding a harvester from each region and two additional dealers to the group.
“The Maine Lobster Promotion Council should be included in the working group because the industry pays in to it so heavily,” she said.
Some advisory council members expressed concern about the overall certification process.
Larry Knapp, a lobster Zone E council member, said he worried that “lobstermen will be bearing the brunt of the greening effort.”
Lapointe explained that funds to cover the cost of certification would be raised privately.
John Hathaway, president and owner of Shucks Maine Lobster in Richmond and a working group member, said, “Certification is value-added and will expand the market for Maine lobster.”
Seed lobster, research
Following a briefing by Deirdre Gilbert, DMR’s assistant to the commissioner, the advisory council discussed multiple issues having to do with the seed Lobster Fund.
The advisers first considered whether the purchase of seed lobsters from lobster pounds should be based on a 2,000-pound cap or a 1% cap.
“The DMR would prefer to see a flat poundage rather than a 1% rate,” Gilbert said, explaining that the DMR did not know the capacity of the pounds.
The advisory council adopted the 2,000-pound cap.
The lobster zone councils decide how to allocate their portion of monies from the seed Lobster Fund and some have previously voted to contribute a portion to support research.
So far for 2008, Zones A and C have opted to apply 100% of the monies towards purchasing seed lobster, Zone E had not reported back yet, and the remaining zones voted for a 50/50 split between seed lobster purchase and research funding, according to Gilbert.
DMR lobster biologist Carl Wilson raised concerns over funding of both the agency’s sea and port sampling research initiatives.
“Federal funding for both programs is being cut, and lobster management will be running blind without this research,” he said.
After hearing of the Wilson’s funding concerns, the advisory council recommended that the zones revisit their seed Lobster Fund allocation votes. It further agreed to make sea and port sampling research this year’s research priority.
Stricter penalties
Jon Carter, Zone B council member, presented a written statement from Zone B lobstermen to the advisory council expressing disappointment over reductions in penalties given to some fishermen for taking shorts and v-notched lobsters.
“Sometimes mistakes happen on the boat, but if lobstermen are caught with large amounts of shorts or v-notch lobsters and their license is not suspended for a long period of time or a large fine levied for taking shorts, it just sends the message that the Marine Patrol is not supported,” Carter said.
Lapointe defended the current process, which he said “works well.”
“Individuals facing license suspension can request a hearing before the commissioner, who can then make a determination in the best interest of justice,” he said.
Several advisory council members pointed out that fines are set by statute and suggested that anyone wanting to increase the fines should work through the legislative process.
The advisory council recommended tabling further discussion of the matter until a future meeting and agreed in the meantime to form a subcommittee to look further into violations and fines.
Three-mile line
Lapointe opened a discussion regarding potentially shifting the three-mile line out eight-to-12 miles as a pilot project for Zones F and G to resolve disputes there. If the line were shifted seaward, it would mirror the current three-mile line.
Lapointe asked advisory council members if they thought shifting the line “holds merit” as a possible solution to the ongoing struggles between Zone F and G lobstermen over scarce bottom available for winter fishing.
Jim Merriman, a Zone F fisherman from Harpswell, explained the problem from his point of view.
“Zone F fishermen would like to stay within Zone F all winter, but there is too much gear conflict with shrimpers, and a lot of Zone F fishermen are losing a lot of gear,” he said.
Col. Joe Fessenden of the Maine Marine Patrol offered words of caution.
“Extending the three-mile line eight or 12 miles will make the enforceability of the area difficult,” he said.
The advisory council recommended that Zone F and G form a subcommittee to further discuss and negotiate the issue. Jim Henderson and Elliott Thomas will spearhead the subcommittee.
Oversized lobsters
John Drouin, Zone A council member, presented concerns to the advisory council regarding the practice of allowing Canadian lobsters larger than Maine’s 5" maximum size to be imported to Maine and then distributed throughout the US.
“Maine residents and restaurants owners are not allowed to possess oversized lobsters, but Canadians are allowed to both harvest them and import them to Maine dealers,” he said.
Peter McAleney, owner of New Meadows Lobster in Portland, added, “The dealers do not want to receive oversized lobster; they are a loss to us.”
The advisory council discussed at length the legal complexity of the issue due to the Lacey Act and other federal interstate commerce regulations.
McCarron said she had asked the University of Maine School of Law for help, and several students and a law professor were researching the legal aspects of the issue.
The advisory council recommended that Drouin draft a preliminary bill to be brought back to the council for review.
Reports, updates
Endline survey – DMR’s Sarah Cotnoir reported that the Maine DMR Endline Survey had been mailed out to all Maine lobster license holders earlier that day.
License renewals – Fessenden advised lobster license holders to apply for their license as soon as possible, since the Maine Marine Patrol will not be granting a grace period on tags.
“All traps must have 2008-year tags on them by June 1,” he stated.
Effort reduction questionnaire – At its March 19 meeting, the advisory council unanimously voted to poll Maine lobstermen to gain a better understanding of how they view effort in response to concerns raised by lobstermen about there being too many traps in the water.
A subcommittee then drafted a “Lobster Effort Questionnaire” for all licensed lobstermen to gauge the level of concern they have about effort.
During the April 16 meeting, the advisory council reviewed the questionnaire and recommended that the draft be sent back to the subcommittee for some modifications and then sent out to all license holders.
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