Guest Column: Follow the rules of the road in Penobscot Bay

First published in Landings, October, 2014.

Over the past year, the Maine Marine Patrol and the U.S. Coast Guard have received a growing number of complaints about conflicts between commercial lobster fishing and commercial ship traffic in Penobscot Bay. These complaints have come from both sides of the issue and involve gear loss and vessel safety. Marine Patrol Officers are spreading awareness about the problem and offering solutions to minimize these conflicts. The Marine Patrol urges commercial lobstermen to familiarize themselves with current regulations and consider potential remedies to this serious situation. Communication between vessels is critical to avoiding conflicts. VHF Channel 13 is for navigation safety (bridge to bridge) and must be monitored by vessels greater than 65 feet. VHF Ch. 16 is for distress, safety, and calling, and must be monitored by all vessels carrying a VHF radio.

All vessels are required to maintain a lookout and follow the “rules of the road.” A link to the rules can be found online at http://www.navcen.uscg.gov/?pageName=navRulesContent. In order to claim fishing privileges under the “rules of the road,” a vessel must be limited in its ability to maneuver and must display the proper lights or day shapes. A link to the definition of a “vessel engaged in fishing” can be found online at http://www.navcen.uscg.gov/?pageName=def3d_fishing. In most circumstances, lobster boats are not burdened by restricted maneuverability to the point where they would not be able to give-way to another vessel. Therefore, in most cases a lobster boat would be considered a power-driven vessel and subject to the “rules” as a give-way or stand-on vessel. However, if you are limited in your ability to maneuver while engaged in fishing or you are in doubt that either vessel’s intentions are clear, hail approaching vessel traffic and alert them to your status. Nothing in the rules shall prohibit a vessel from taking action to avoid collision. Lobster boats hauling and setting gear exhibit frequent course and speed changes that appear unpredictable to other boaters. Commercial shipping traffic uses predetermined and published traffic routes and broadcasts their position and intentions regularly on VHF Channels 13 and 16. Commercial shipping traffic only deviates from the shipping channel when forced to by weather conditions or vessel traffic. State ferry vessels have set routes and schedules and only deviate from their regular courses for weather conditions or other vessel traffic Gear loss is a concern to many lobstermen fishing in or near commercial traffic routes.

Shipping traffic that is forced to deviate from its course outside of a traffic route is likely to affect a greater amount of fishing gear than if they had been able to maintain their normal course and speed. Lobster boats should maintain a safe distance from all large vessel traffic. Visibility on the bridge is frequently obstructed, and course and speed changes are delayed. So avoid them, they can’t avoid you! Penobscot Bay is a heavily utilized portion of the Maine coast with diverse users ranging from fishermen to commercial shipping, passenger service, and recreational boaters. Conflicts between groups will always exist. However, with heightened awareness, education, respectful communication, and tolerance of the rights of others, the Maine Marine Patrol hopes to limit conflict and preserve safety of life and property. For more information, contact the Maine Marine Patrol officer nearest you. Contact information can be found online at http://www.maine.gov/dmr/bmp/roster.htm.