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Commercial Fisheries News
Volume 34 Number 10
June 2007
Legislature revisits trap molestation; groundfish bill action
AUGUSTA, ME – On May 21, the Maine Legislature’s Joint Standing Committee on Marine Resources reported out an amended version of LD 847, “An Act To Support the Commercial Groundfish Industry,” with an “ought to pass” recommendation.
As amended, the bill would provide a fuel tax exemption and rebates for the cost of buying ice, transporting fish to Portland, and fish handling costs to the state’s struggling groundfish industry. Qualifying vessels would have to land and sell at least 90% of their catch in the state of Maine.
The Maine Department of Marine Resources (DMR) would establish and administer this “groundfish industry incentive program.”
The bill, which calls for a $2.8 million appropriation for 2007-2008 and a $3.25 million appropriation for 2008-2009, still needs approval from the Joint Standing Committee on Appropriations and Financial Affairs and the full Legislature.
Any action will have to happen soon if the bill is to be enacted since the Legislature is scheduled to adjourn on June 20.
In March, the marine resources committee held a public hearing and work session on LD 16, “An Act To Make Lobster Trap Molesting a Civil Offense,” sponsored by Rep. Edward Mazurek (D-Rockland).
The bill proposed decriminalizing the offense of molesting a lobster trap, which is any use of the trap, buoy, or line by anyone other than the licensed owner, and making it a civil offense.
On April 10, the committee voted “ought not to pass.” However, several committee members signed onto a minority report recommending “ought to pass amended.” Supporters of the minority report included committee co-chairs Sen. Dennis Damon (D-Hancock) and Rep. Leila Percy (D-Phippsburg) along with Rep. Herb Adams (D-Portland) and Rep. Peggy Pendleton (D-Scarborough).
The DMR and the Maine Lobstermen’s Association also supported the minority report.
As proposed, a trap molestation conviction will still result in a three-year loss of license and include a civil penalty and updated language on restitution. But, the biggest difference resulting from changing trap molestation from a criminal to a civil offense is that the burden of proof is different.
On April 25, the Maine House of Representatives voted to accept the minority report’s recommended amended version of the bill.
The bill was read a second time in the Senate on a motion by Sen. Carol Weston (R-Waldo) on May 15 and tabled pending incorporation of all adopted amendments together in a document for printing and enactment.
At presstime in mid-May the bill had not yet cleared the Senate. It is expected to pass and be signed by the governor.
Research fund
The marine resources committee held a back-to-back public hearing and work session on May 14 to discuss a different kind of assistance bill, LD 1893, “An Act To Create Jobs through the Establishment of a Fund To Enhance Maine’s Marine Resource Economy.”
Sponsored by Rep. Ian Emery (R-Cutler), the bill would establish a “Marine Fisheries Stock Enhancement Fund” in the DMR.
Money in the fund would be administered by the department for commercial marine stock enhancement to improve the marine economy through applied research, development, and production of harvested marine species, infrastructure, monitoring, and assessment and could be used as matching funds for federal grants. The bill would appropriate $250,000 each year in 2008 and 2009 to the fund.
“This bill would be another tool in the proverbial toolbox for Maine’s historic industry,” said Emery.
During the ensuing discussion, Emery was asked if he would consider lowering the requested appropriation amount due to the state’s constrained financial situation. He answered that he would go along with an appropriation as small as $1,000 to get the fund going.
Emery also said the best candidates for stock enhancement were shellfish hatcheries producing clams, oysters, mussels, sea urchins, and lobsters and possibly baitfish.
Support, concerns
Several of Maine’s best-known marine researchers spoke in support of the bill, including Brian Beal of the University of Maine Machias, who said the work would be collaborative between scientists and the fishing and aquaculture industries.
Beal has worked extensively with soft-shell clam propagation at the Downeast Initiative for Applied Marine Research & Education, formerly the Beals Island Shellfish Hatchery.
Supporters of the bill also included Ted Ames and Robin Alden of the Penobscot East Resource Center in Stonington where the Zone C lobster hatchery is operating and Michael Devon who operates a sea urchin hatchery at the RJ Peacock Canning Co. in Lubec.
Said Rick Wahle, senior research scientist at the Bigelow Laboratory for Ocean Sciences, “This bill could create a nest egg for collaborative research in the state of Maine.”
When called upon for DMR’s position on the bill, Commissioner George Lapointe and Deputy Commissioner David Etnier said they were concerned about not being able to fund current programs for shellfish and a fish pathologist working with infectious salmon anemia (ISA). DMR will be losing federal government funding for the ISA fish pathologist position in October.
The DMR also is concerned about first evaluating the impacts and a study of efficacy of hatcheries, according to Lapointe.
“We need to look broadly at our needs not just for DMR, but for our marine resource needs,” he said.
After much debate the committee unanimously voted “ought to pass with amendment.” The amendment was a reduction of the original request of $250,000 to $10,000 to be used as seed money for the fund.
The bill still needs approval by the Joint Standing Committee on Appropriations and Financial Affairs and the full Legislature.
MLA wins intervenor status in whale lawsuit, mediation
KENNEBUNK, ME – The Maine Lobstermen’s Association (MLA) will have a voice in the discussion as talks commence on how to resolve the ongoing legal dispute over the delay in publication of the Atlantic Large Whale Take Reduction Plan gear modification final rule.
On May 14, US District Court Judge Ellen Segal Huvell granted the MLA’s motion to intervene in a lawsuit filed by The Ocean Conservancy and the Humane Society of the United States to force the National Marine Fisheries Service (NMFS) to immediately issue the new whale protection rules.
Also on that day, Huvell ordered the four parties in the case – NMFS, the MLA, and the two conservation groups – to enter into mediation to attempt to work out their differences. At the same time, the judge ordered everyone involved to file briefs in preparation for the court case.
“The case is moving forward on two tracks,” explained MLA Executive Director Patrice McCarron. “The judge has put forward a schedule for briefs for the actual court case and on a parallel but much more expedited track is the mediation process.”
Under pressure from Maine’s congressional delegation, NMFS delayed publication of the final rule in part to re-examine a proposed sinking groundline requirement that would have affected lobstermen along much of the Maine coast. The agency actually withdrew its final rule from review back in February at about the same time the environmental groups filed their suit.
Exactly where the sinking line requirement will be imposed could be discussed during the mediation process and in court.
“The lobster industry has so much at stake with regard to this pending whale rule,” McCarron said. “We are extremely pleased that the judge acknowledged the MLA interest in this case by granting us intervenor status.”
Now the MLA is really counting on the Maine lobster industry to pitch in to pay the legal expenses the association is taking on to represent their interests.
The MLA is seeking donations for its Legal Defense Fund, and all money donated to it will be used for the sole purpose of paying legal fees, McCarron said. “This is a make or break issue for the lobstermen and we really need everyone’s help,” she said.
For more info, call McCarron at (207) 985-4544, e-mail her at <patrice@mainelobstermen.org>, or see the MLA ad on page 11A to make a contribution. /cfn/
Halibut tagging
effort expanded;
returns rewarded
WEST BOOTHBAY HARBOR, ME – The Maine state waters fishery for halibut began on April 1 to the west and May 1 to the east with Schoodic Point acting as the dividing line.
As of mid-May, Kohl Kanwit of the Maine Department of Marine Resources (DMR) Atlantic Halibut Tagging Program said things were slow going to the east but a few fish had been caught near Vinalhaven and Matincus.
A fixed-gear fishery, some fishermen use tub trawls with the gangions fixed on the groundline and some use snap gear. The use of circle hooks was mandated in 2002.
“They reduce damage and the halibut released are much healthier,” Kanwit said.
State regulations for halibut include a minimum size of 36" and a commercial possession limit of four fish per vessel per day with a season limit of 50 fish per vessel.
West of Schoodic Point, the season is April 1-July 31. East of the dividing line the season is May 1-July 31.
Tagging program
The DMR has run a voluntary tagging program for halibut in state waters for the last seven years, and if you catch a tagged halibut, Kanwit wants to hear about it. She’s asking fishermen to record the date, location, length, weight, and – if the fish is kept – its sex and retrieve the otoliths, which are the ear bones.
This year, DMR is expanding its research efforts to do a complete distribution survey from the Canadian boundary to New Hampshire.
“We will be tagging fish with data storage tags. We also have five satellite tags,” Kanwit said.
The data storage tags provide information on depth and temperature, while the satellite tags transmit depth, temperature, and location.
Kanwit is asking fishermen to contact her if they find a tagged fish. There is a reward for these tags – some are worth $250, others $500 – and they will provide researchers with valuable information about the movements of halibut.
“Most of the fishermen I work with are passionate about the fishery. They are a very enthusiastic group and fun to work with,” said Kanwit.
Even if fishermen release the fish, they are asked to keep the data storage or satellite tag and contact DMR.
DMR has received recaptures from as far away as the Grand Banks, Newfoundland, the Gulf of St. Lawrence, the Scotian shelf, and Sable Island. These returns indicate what Kanwit called “a predominate movement to eastern areas.”
More information on the DMR Atlantic Halibut Tagging Program is available online at <www.maine.gov/dmr/rm/halibut/tagging.htm>. Or call Kanwit at (207) 633-9535 or e-mail her at <kohl.kanwit@maine.gov>.
Anyone who catches a fish with a Canadian tag is encouraged to contact Kanwit or e-mail Shelly Armsworth at <armsworth@mar.dfo-mpo.gc.ca>. More info on the Canadian program is available online at <www.maine.gov/dmr/rm/halibut/canadiantags.htm>.
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