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Commercial Fisheries News
Volume 35 Number 1
September 2007
Maine debates alternative bait labeling proposal
WEST BOOTHBAY HARBOR – The Maine Department of Marine Resources (DMR) held public hearings for two rule-making proposals on Aug. 14 at the department’s Boothbay facility.
Due to concerns raised by the lobster industry and a vote to ban alternative or artificial bait by the Lobster Advisory Council at its May meeting, the DMR decided to bring forward a rule-making proposal for alternative bait labeling.
The proposed regulation would impact manufacturers of alternative or artificial baits used by the lobster/crab industry in Maine by requiring the packaging to identify the ingredients used in descending order of volume. Listing the ingredients would heighten awareness and address the concerns about lobster health and ocean pollution raised by the industry. While only a handful of people attended the hearing, there was nonetheless a chance for good comments since the group included several would-be producers of alternative lobster bait products.
Mark Grassbaugh, vice president of sales and marketing services for Blue Seal Feeds Inc. of Londonderry, NH, said that his company understood the concerns about assuring product safety but asked state regulators to consider going about it in a different way.
He said that Blue Seal has invested four years and several hundreds of thousands of dollars in the development of an alternative bait product, working with Saltwater Marketing of Portland for the last three years.
“With the involvement of the Lobster Institute, we have developed a bait product that we are proud of and are currently in the final stages of bringing this product to market,” Grassbaugh said.
He explained that the labeling requirement exposes Blue Seal’s long process of identifying key bait ingredients to potential competitors.
“Our investment in time and money would be exposed by the proposed labeling regulation, which would provide information to another company or person to easily copy our investment,” he said.
AFFCO system
Grassbaugh suggested DMR consider instead adopting the Association of American Feed Control Officials (AAFCO) system.
AAFCO labeling requirements apply to both farm and domestic pet foods. A manufacturer cannot use any ingredient that is not on the AFFCO-approved list.
The AAFCO system includes the six collective terms used by the US Food and Drug Administration (FDA) with a seventh term to be added for lobster bait, according to Pat Pinto, president of Saltwater Marketing of Portland.
The six FDA terms are:
Animal protein products such as fish meal, fish protein, and fish solubles;
Grain products such as corn, rice, barley, and wheat;
Plant protein products such as dehydrated alfalfa meal, ground hay, and flax plant products;
Process grain byproducts such as midds, flour, gluten feed, and hominy; and
Roughage products such as almond hulls, beet pulp, soy hulls, and oat mill byproducts.
Pinto proposed that a seventh term be added, called marine plant products. This addition would accommodate all ingredients that originate from the sea that would be appropriate and likely beneficial for use in a lobster bait product. A detailed product list under this category would need to be identified.
Labeling support
Ed Hansen of Maine Betta Bait in Augusta disagreed with Grassbaugh’s proprietary argument and spoke in favor of a listing of the ingredients.
“I have two patents – one in the US and one in Canada,” said Hansen. “I’m for labeling because what you see is what you get.”
Lew Flagg, retired DMR deputy commissioner who is now part of the Maine Betta Bait team, weighed in as well.
“It is important that we have transparency so that the lobster industry knows what is in those products that are going in the water,” he said.
Herb Hodgkins, representing the Lobster Institute, also agreed.
“I’m in favor of having a list of manufacturers in the state of Maine register with the DMR and provide a list of ingredients,” he said.
Pinto disagreed, “My feelings are that patents do not always protect.”
She proposed that all ingredients be listed, but not in descending order or by percentages.
Questions, concerns
But, there were more questions about labeling alternative bait than comments at the public hearing and a discussion ensued after the hearing officially ended.
“I’m for alternative bait, but I’m for testing of the product – and not by the manufacturers,” said lobsterman Wayne Canning of Belfast.
Bruce Worcester of Worcester Lobster Bait in Prospect owns a slaughterhouse and said that the federal and state governments regularly inspect it. But, he added that he could not find anyone to test or even look at the hide product he manufacturers for lobster bait.
“How are we going to go about getting this labeled,” asked Worcester. “I’ve contacted the University of Maine and they didn’t have any answers.”
Hansen responded that he took the ingredients in his product to a private lab for analysis.
Other questions were raised, including how to handle the ingredients used in the processing of alternative or artificial bait.
Carl Wilson, DMR lobster biologist, told those gathered that the department is committed this summer to gathering samples of alternative bait to do some testing for heavy metals, pesticides, and binders.
He said his three concerns were food safety, lobster health, and a product that is market friendly.
Monhegan season
The proposal to change the Monhegan Island Lobster Conservation Area (MILCA) apprentice program fishing days requirement from 150 days to 200 days was also on the public hearing agenda. However, no one came forward to offer comments at the meeting. The deadline for written comments was Aug. 24.
Another rule-making proposal that will not go to public hearing would establish the MILCA open lobster season as Oct. 1-June 7 annually. Until now, the DMR commissioner was charged with setting a 180-consecutive day season between Dec. 1 and June 25.
According to the DMR notice, the change was being proposed “largely because the opportunity for catching lobsters has shifted from the winter to the fall. In short,” the notice continued, “by the time fishing has begun in December, the catch has started to drop off dramatically.”
MILCA trap reduction
In order to support the shift and longer season, DMR said conservation equivalency standards required that the maximum trap limit be reduced from 600 to 300 traps.
The MILCA had proposed a change of season and a drop to 400 traps as an effort-control measure.
But in a July 20 letter to fishermen registered to fish in the MILCA, DMR Commissioner George Lapointe said, “After evaluating all of the input, it is my decision to proceed to rule-making with a 300 trap limit and a season of Oct. 1 to June 7.”
In his letter, Lapointe recognized the concerns of MILCA fishermen and made a commitment to sit down with them to review the outcome of fall fishing.
But in order to evaluate the impact of the new season and trap limit, the department is requiring MILCA lobstermen to provide to DMR their total annual catch for each of the last three fishing seasons prior to the start of the Oct. 1 season. Lapointe is also requiring 100% reporting of catch on a monthly basis.
The DMR contact person for both of these proposals is Sarah Cotnoir, who can be reached at (207) 624-6596. The deadline for written comments was Aug. 24.
Halibut changes
The DMR is proposing several changes to the state’s Atlantic halibut rules, including:
A minimum size increase to 38" total length;
A maximum hook size change to 14/0 or 16/0 circle hooks only;
A requirement that all halibut landed be tagged with a DMR-approved landing tag around the tail separate from research tags;
A requirement that surface marking buoys display owner information; and
Removal of the four-fish-per-day limit.
DMR will initially provide the landing tags but later will charge a nominal fee for the tags. All of the money collected from tags will go directly to halibut research and tag administration.
The deadline for public comments on the halibut rule is Sept. 7. For more information, call Kohl Kanwit or Bruce Joule at (207) 633-9500 or Marine Patrol Lt. Alan Talbot at (207) 667-3373.
Upcoming hearings
The DMR has scheduled public hearings on several proposals to bring state regulations in line with interstate or federal rules.
Herring zero tolerance – A public hearing on proposed amendments to bring Maine’s herring regulations into compliance with the Atlantic States Marine Fisheries Commission (ASMFC) interstate herring plan (see story page 1C), will be held on Sept. 4. The deadline for written comments is Sept. 14.
Haddock minimum size – The DMR will hold a hearing on Sept. 10 on a proposal to reduce the commercial haddock minimum size from the current 19" to 18" to compliment an emergency action by the National Marine Fisheries Service (see story page 13A). The deadline for written comments is Sept. 20.
For more information on the herring or haddock proposals, call Terry Stockwell at (207) 624-6562.
Lobster reporting – DMR is proposing to institute trip level reporting of harvest by lobstermen. The proposed rule would apply only to 10% of lobster and crab license holders and will bring the state into compliance with the ASMFC interstate lobster plan.
Four public hearings have been scheduled in September (see Coming Events page 26B for the complete list). For more information, call Heidi Bray at (207) 633-9504 or David Libby at (207) 633-9532.
The deadline for written comments is Oct. 1.
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