Maine Lobstermen’s Association update: April 2015

MLA Annual Meeting The Maine Lobstermen’s Association (MLA) held its 61st annual meeting on March 7 during the Maine Fishermen’s Forum at the Samoset Resort in Rockport. The meeting began with a welcome to all members from David Cousens, MLA president. He requested permission from the members to waive reading the minutes from the 2014 annual meeting and approve them as written, which was granted unanimously. Patrice McCarron, executive director of the MLA, noted that both Clayton Howard, clerk of the MLA, and Mary Anne Mason, MLA’s pro bono counsel, could not attend this year. She then reviewed MLA operating policies regarding the board of directors and nomination to the board. The MLA board cannot exceed 21 members, all of whom must be commercial lobstermen. Twelve seats are up for election this year: seven for a three-year term, four for a two-year term, and one for a one-year term. Patrice presented the slate of nominees, nominated by MLA members and approved by the MLA Directors; members voted in favor of all. Jim Henderson was thanked for his six years on the MLA Board and Dustin Delano was welcomed as a new Director.

MLA Election Results Name                         Port                          TermKristan Porter        Cutler                     3 yearsBobby Ingalls         Bucks Harbor      3 yearsJohn Williams        Stonington          3 yearsTad Miller                Matinicus              3 yearsMark Jones             Boothbay               3 yearsArnie Gamage        S Bristol                 3 yearsDustin Delano       Monhegan            3 yearsWillis Spear             Yarmouth             2 yearsJack Merrill             NE Harbor           2 yearsBob Baines               Spruce Head       2 yearsGerry Cushman     Port Clyde            2 yearsJack Young              Vinalhaven           1 year Kevin Plowman of the United States Coast Guard Safety Office spoke to members about Coast Guard-mandated safety requirements. There won’t be many changes that apply to documented vessels fishing in federal waters. Federal safety requirements now apply to all vessels who fish beyond the three-mile limit. The new requirements will include mandatory safety exams and a training program for the person in charge of a vessel. Plowman did emphasize that vessels larger than 65 feet would be required to have an AIS system after March, 2016. Specific construction standards for new boats smaller than 50 feet in length will be coming into force as well, once the regulations are finalized. Members asked questions about repacking requirements for life rafts, expressing concern over the requirement to repack annually. The MLA is pursuing options to extend that time period. Amy Lent, director of the Maine Maritime Museum in Bath, spoke about the new lobster exhibit opening at the museum on July 26. The exhibit, which will fill a 6,200-square-foot building, will cover the cultural history and economic importance of the lobster industry. Part of the display will be a wall of lobster buoys from throughout the coast. Each buoy will have recorded information about the lobsterman, his boat, his traps, and how he fishes which visitors can interact with. Lent urged lobstermen attending the Forum to come to the MLA booth to add their information to the exhibit. She will be accepting buoys after the exhibit opens as well. Patrice reviewed the MLA’s past year. Among the highpoints: the longstanding Department of Justice consent decree against the organization was lifted in July. She thanked MaryAnne Mason for her pro bono work on behalf of the MLA to make this historic event happen. Health insurance coverage was also a big part of 2014. MLA Navigator April McNutt helped lobstermen and their families understand the Affordable Care Act provisions and assess health insurance plans offered in the state. Now the big push is “coverage to care,” making sure that lobstermen understand what their plan provides and how to get care. Patrice then touched on the major issues of 2014. The federal rules regarding vertical lines in the water, promulgated to protect endangered whales, go into effect on June 1. She said that more than 50 meetings were held with lobstermen during the past five years to get input on these rules, which primarily require trawling up in certain parts of the Maine coast. The MLA recently worked with the Department of Marine Resources (DMR) to expand the number of islands in which singles are permitted and to ensure that lobstermen can apply for exemptions to the rules based on safety issues. As a result of a court case filed by several conservation organizations, the National Marine Fisheries Service (NMFS) has published a proposal to greatly expand right whale critical habitat designation to encompass nearly the entire Gulf of Maine. The MLA is opposed to the proposal. Comments are due to NMFS in April. Under the Marine Mammal Protection Act (MMPA), countries that export seafood to the United States must meet MMPA standards. A recent Trade Court case ruled that the U.S. must start enforcing that provision, which could affect lobster imports from countries such as Canada. NMFS is expected to release its draft rule in June. In the fall the New England Fisheries Management Council (NEFMC) raised concern about the amount of cod caught in lobster traps. The sharp restriction in the cod quota and proposed expansion of areas closed to fishing led some groundfishermen to publicly question the impact of lobster traps in areas where they themselves could not fish. The MLA and DMR quickly rebutted the argument that bycatch of cod in lobster traps is at all significant and called for immediate studies to see how many fish really ended up in traps. The NEFMC’s Essential Fish Habitat Amendment was released last fall. Ten years in the making, the Amendment proposes new closures in federal waters off the Maine coast to bottom-tending mobile gear. While lobster traps are not specified in the Amendment, the MLA has called for language that makes clear lobster traps will not be affected by these closures in the future and called for no new closed areas and no opening of existing closed areas. The Council is now reviewing public comments on the Amendment. Patrice then went through the preliminary lobster landings figures released the previous week by DMR. Total pounds landed in the state were 123,676,100; the value increased by $9 million over the previous year, to $456,935,346. She also noted that this spring the Legislature will be deciding on a number of bills that affect lobstering. A book of those bills was available at the MLA booth. Hugh Reynolds, president of Greenhead Lobster in Stonington, addressed the members on the subject of maintaining high-quality lobsters. 2014 was a good year for exporting Maine lobster, with new markets developing in South Korea, Singapore, Taiwan, and China. Lobster is a celebratory food in Asia, Reynolds said. There are six to eight big holidays each year when lobster is very popular and two of those occur in the fall. The problem is that it’s a 50-hour journey for a lobster to go from the dock to the consumer in Asia. Soft-shell lobsters can make it to Asia if they are taken care of properly from the moment the trap hits the rail. “You have to keep the stress down all the way along,” Reynolds said. That means making sure the water quality in the tank on the boat and at the dealer is good, that the dealer doesn’t slam the crates around, and so forth. “There are 12 to 15 steps involved in the process and the lobster is subject to risk at all of them,” he said. “But it is remarkable what can be done if it is done properly.” David Cousens then addressed the members about his February column in Landings on managing the season in order to stabilize price. He received comments, both pro and con, about that column. His thoughts were based on the problems that arose in 2012 when the shed came on early and no processors in Canada were geared to handle it. Slowing down the catch until around the third week in July seems to make sense because then everyone knows there’s a place to move it. The aim is to have strong demand and a quality product to meet that demand, so maybe it makes sense to land lobsters later rather than earlier. The MLA thanked Brooks Trap Mill, Friendship Trap, and Atlantic LED for their generous donation of door prizes. The meeting closed with selection of the following raffle winners: MLA t-shirt and V-notch tool - Bob Williams, Ron Watkinson, Steve Train, and Walter Willey; inflatable life vest - Dave Bourget; Stormr Oil jacket - Jerry Grondin; Friendship lobster trap and hat - Jay Smith, Wayne Canning; Brooks lobster trap, t-shirt and hat – Craig Stewart, Bruce Fernald, Dick Carver, and David Johnson; drill conductor class – Matt Donnell, Daphne Reynolds, and Sheldon Goldthwait. The free 2016 MLA membership from the V-notch survey drawing went to David Blackman.

Federal Proposed Rulemaking on Whale Rules

MLA Directors Meeting The Board of Directors met on March 17. The meeting began with a closed session, with officers absent, to conclude nominations and elect MLA officers. The Directors unanimously elected David Cousens, President; Jim Dow, 1st Vice President; Kristan Porter, 2nd Vice President; and Arnold Gamage, Secretary/Treasurer. At the regular meeting, Chris Hall from Maine Maritime Museum provided an update on lobster buoy collection. The Museum would like to continue to receive more buoys and stories from lobstermen. The Board discussed the lobster bills that were printed as of March 17. A public hearing for four of those bills was scheduled for the next day. The MLA Directors voted to oppose LD 563 An Act Regarding the Purchase of Trap Tags in the Lobster Fishery. This bill seeks to address latent trap tags by establishing minimum landings requirements in order to purchase a full complement of tags. The MLA Directors stated that the lobster industry must be fully engaged in any conversations on how this reform would happen. The MLA Directors were in full agreement that if the lobster entry system is to be reformed, it must be done in a comprehensive manner. It is impossible to judge how a proposal such as LD 563 would affect the lobster fishery without it being fully vetted as part of a larger reform strategy. MLA directors believe that the lobster industry is split on whether or not latent effort is a problem. Most believe that effort that is not in the water is good thing – less traps in the water and less pressure on the resource. If this latent efforts were going to be fished it likely would have been by now, given the record catch and strong prices. There is much concern about how to deal with latent effort in a way that would not create a “use or lose it” mentality, resulting in more gear in the water. Other lobstermen firmly believe that you cannot reform Maine’s lobster entry system without first dealing with latent effort. Maine’s experience in the mid-1990’s in implementing trap limits is a case in point. The trap limit was enacted without a program to freeze or tier lobstermen who were fishing below the limit. The final result was that while many lobstermen were taking traps out of the water to meet the new trap limit, others were building up to the trap limit to hedge against potential future reductions. No one wants to see history repeat itself. The MLA Directors voted to testify neither for nor against LD 490 An Act To Extend the Legal Hours for Harvesting Lobster seeks to expand the start of the lobster fishing day two hours before sunrise during September and October because a consensus could not be reached. Supporters cite that as the days shorten in the fall, they cannot start their day early enough. In order to haul through their gear, they must stay on the water later in the day than they would like. Opponents argue that a change is not necessary and believe that there are still plenty of hours to fish. There was a lot of concern about allowing more fishing activity in the dark, especially in inshore areas where there is a high density of gear. A universal concern is that fishing in the dark provides a cover for those who cheat and steal, but lobstermen differ in their opinion on how this proposal would impact illegal activity. The Directors were clear that we need better enforcement of our existing closed periods so that everyone has fair and equal access. The MLA Directors voted to oppose LD 491 An Act To Lower from 70 to 65 the Age at Which a Person May Obtain a Lobster and Crab Fishing License for a Reduced Fee. The MLA opposed this same bill when it was presented in 2013 as LD 557. None of the MLA Directors or staff have ever heard concern expressed from the MLA membership over the age at which a person qualifies for a reduction in the lobster license fee. Many lobstermen continue to fish hard well after the age of 65, and they continue to have the opportunity fish a full complement of lobster traps. The MLA Directors voted to oppose LD 492 An Act To Expand Eligibility for Lobster and Crab Fishing Licenses for Veterans (Emergency). The MLA supported the changes made for veterans to maintain access to limited entry fisheries during the last legislative session. As a result of this work, the Legislature amended the law pertaining to those who serve in the military by expanding the time during which they can get their license back from six years in the military to ten years. The current statute allows veterans to receive a limited entry license, if the person 1) held a license within a year of entering the service, 2) did not serve more than 10 years in the military, 3) was not dishonorably discharged and, and 4) requests the license within a year of discharge from the service. The MLA supported this change, and is very proud of this exemption that Maine has in place to honor the service of veterans. There is a lot of pent up demand from many to gain access to the lobster fishery, and veterans are one of the few groups who already have a strong program in place to ensure they don’t lose their place in the fishery. Based on issues of fairness, the MLA is opposed to any proposal which circumvents the Apprentice Program and/or the zone waiting list. The MLA voted to oppose LD 896 An Act to Improve Lobster Licensing. This bill contain three separate proposals. The first would allow a lobsterman to transfer his license to a family member (defined as a spouse, brother, sister, son-in-law, daughter-in-law, parent by blood, parent by adoption, mother-in-law, father-in-law, child by blood, child by adoption, stepchild, stepparent, grandchild, grandparent, nephew or niece) if the recipient has completed the Apprentice Program and purchases the vessel and maximum traps on the license from the license holder. The recipient does not have to go on the waiting list. The MLA opposes this license transfer proposal. The MLA opposes the provision in this bill which would allow a retired marine patrol officer to be eligible for a lobster and crab fishing license with a 400 trap limit. The MLA supported the concept of the final provision, that lobstermen not have to do the mandatory logbook program more than four times in any 10-year period. The MLA Directors proposed an amendment that would have the harvester logbook rotate through all lobstermen on a set schedule, rather than choosing lobstermen at random to ensure that all participate in the reporting on a equal basis. The MLA Directors will hold a conference call to discuss lobster bills when they are printed in order to present testimony at the public hearings.

Maine Proposed Rulemaking Whale Rules (Chapter 75 Protected Resources): This rule-making is necessary for consistency and compliance with the federal requirements of the Atlantic Large Whale Take Reduction Plan (ALWTRP) Final Rule in accordance with the Marine Mammal Protection Act and the Endangered Species Act (otherwise known as the “whale rules”). This proposed rule addresses changes to the whale rules which were published by the National Marine Fisheries Service (NMFS) on June 27, 2014, and which go into effect in Maine on June 1, 2015. The new whale rules require a minimum number of lobster traps per trawl based on the different lobster zones and distance from shore to reduce the number of buoy lines in the water column. The various changes apply to areas of Maine’s Pocket Waters, inside the Maine Sliver Area and Federal Waters. Maine DMR must adopt additional gear marking, a new 6-mile line, minimum trawl lengths and some island buffers in regulation for compliance and consistency with the federal whale rules. Questions on this rulemaking should go to Sarah Cotnoir at 207-624-6596. The DMR will hold a public hearing on April 6 at 6 p.m. in Hallowell; deadline for comments is April 16.

Adopted Rules, effective March 9 Lobster Trap Tag Attachment: Lobster trap tags can now be secured into the trap with hog rings or by methods other than snapping the tag together. The amended regulation reads, “The lobster trap tag shall be affixed to the bridge of the lobster trap so that the tag information is clearly visible for inspection by a Marine Patrol Officer.” Kittery Trawl Limit: The trawl limit in the vicinity of Kittery has been adopted in regulation with no changes. The Kittery trawl limit was moved from statute (law) to regulation to be consistent with all other state trawl limits and to simplify the process if changes are requested by the industry. Hancock County Trawl Limit: The Hancock County trawl limit was amended so that it does not conflict with federal whale rules which require changes to minimum trawl lengths and which go into effect on June 1. Therefore, the Hancock County triples limit will end at the new 6-mile line. Frenchboro Island Limited Entry program: An Island Limited Entry program was created on Frenchboro, allowing up to 14 commercial island resident lobster licenses.

Legislative Update (as of 3/19/15)LD 98 An Act Amending the Trap Limit for the Swans Island Lobster Conservation Area (Emergency); Sponsored by Sen Langley. This bill increases the number of traps for lobstermen in the Swans Island Lobster Conservation Area from 550 to 600. The Marine Resources Committee unanimously supported this bill during a work session; it has not yet been voted by the full House and Senate. As an emergency measure, it will go into effect upon the Governor’s signing. LD 563 An Act Regarding the Purchase of Trap Tags in the Lobster Fishery; Sponsored by Rep Kumiega. This bill attempted to address latent effort in the lobster fishery by proposing that any lobsterman who had not reported lobster or crab landings during the two years prior to January 1, 2015, not be allowed to purchase more than 300 trap tags ibeginning in 2016. For future years, it would require the DMR Commissioner to establish by rule a minimum landings threshold for lobstermen to be eligible to purchase the maximum number of trap tags. If the license holder does not report the required landings, s/he is not eligible to purchase more than 300 trap tags in any subsequent license year. A public hearing was held on March 18 and there was no support for the bill. Immediately following the public hearing, the bill sponsor, Rep Kumiega, moved that the Committee suspend rules and go immediately into work session to vote the bill Ought not to Pass. The motion was supported, and the bill is effectively dead. LD 490 An Act To Extend the Legal Hours for Harvesting Lobster; Sponsored by Rep Kumiega. This proposal would extend the legal hours to harvest lobster during September and October. Currently, it is unlawful to raise or haul any trap during the period ½ hour after sunset until ½ hour before sunrise from June 1st to October 31st. This proposal would extend the legal fishing hours during September and October to begin 2 hours before sunrise. The Marine Resources Committee held a public hearing on March 18. Maine DMR and the Penobscot Bay Pilots Association testified against the bill citing enforcement and safety concerns; MLA and DELA testified neither for nor against the bill citing a mixed response from lobstermen; and one lobsterman testified in favor of the bill. LD 491 An Act To Lower from 70 to 65 the Age at Which a Person May Obtain a Lobster and Crab Fishing License for a Reduced Fee; Sponsored by Rep Gilway. This bill proposes to lower the age that a person may purchase a reduced fee lobster license from 70 to 65 year old. The Marine Resources Committee held a public hearing on March 18; only the sponsor testified in support of the bill. It was opposed by DMR and MLA; DELA testified neither for nor against. LD 492 An Act To Expand Eligibility for Lobster and Crab Fishing Licenses for Veterans (Emergency) ; Sponsored by Rep Kumiega. This bill proposes that an honorably discharged veteran who began military service prior to November 1, 2015 and previously held a lobster license with reported landings is eligible to obtain a lobster license. They would not need to complete the Apprentice Program or go on a waiting list. The Marine Resources Committee held a public hearing on March 18. The sponsor, Rep Kumiega, testified in favor but stated he would amend the bill to require them to go on the waiting list. The DMR and MLA testified against the bill, stating that the reforms put forward last session honor veterans and allow them to serve for 10 years and come back to the lobster fishery. LD 896 An Act To Improve Lobster Licensing; Sponsored by Rep. Alley. This bill proposes that a lobsterman may transfer his license if the recipient has completed the Apprentice Program and the recipient purchases the vessel and maximum traps on the license from the license holder. The lobster license can only be transferred to a spouse, brother, sister, son-in-law, daughter-in-law, parent by blood, parent by adoption, mother-in-law, father-in-law, child by blood, child by adoption, stepchild, stepparent, grandchild, grandparent, nephew or niece. The recipient does not have to go on the waiting list. This bill further proposes that a retired Marine Patrol Officer is eligible for a lobster and crab fishing license with a 400 trap limit. Finally, this bill proposes that lobstermen not have to do the mandatory logbook program more than 4 times in any 10-year period. LD 493 An Act To Create the Ocean Acidification Council; Sponsored Rep Devin. This bill would establish the Ocean Acidification Council to identify, study, prevent, remediate and mitigate the effects of coastal and ocean acidification on species that are commercially harvested and grown in the State’s coastal and ocean environments. It provides for 16 public and private council members. The council must submit an annual report to the Legislature and may accept funding from outside sources. The Marine Resources Committee held a public hearing on March 11; more than 16 groups submitted testimony. Maine DMR and DEP opposed the bill while a variety of NGO’s, academics, and businesses supported it. LD 427 An Act To Address and Mitigate the Effects of Marine Debris; Sponsored by Rep Devin. This bill is a concept draft which proposes to enact measures to address and mitigate plastic pollution in the marine environment, including but not limited to microdebris pollution (particles of plastic approximately 5 to 10 microns). The Marine Resources Committee held a public hearing and work session, but tabled the bill citing a need for more information. LD 730 An Act To Make Technical Changes to Maine’s Marine Resources Laws; DMR bill sponsored by Sen. Baker. This bill makes several changes to Maine’s marine resources laws. Those relevant to the lobster industry include: 1) Clarifies that a student lobster and crab fishing license holder may designate up to 3 sponsors; 2) Deletes the Kittery lobster trawl limit from statute. All other trawl limits are in department rule; 3) Clarifies that a student lobster and crab fishing license holder must declare a lobster management zone and may not fish a majority of the license holder’s gear outside the declared zone; and 4) Provides that the coordinates for the Swans Island Lobster Conservation Area are presented in latitude and longitude format and not Loran format. The Marine Resources Committee will hold a public hearing on March 25. LD 800 An Act To Prevent Passage of Alewives through the Grand Falls Dam on the St. Croix River; Sponsored by Rep.Turner. This bill proposes that the fishway on the Grand Falls Dam on the St. Croix River be configured to prevent passage of river herring into the lakes that form the headwaters of the river, including, but not limited to, Grand Falls Flowage, Big Lake, West Grand Lake and Spednic Lake. This bill has been referred to the Marine Resources Committee. LD 425 An Act To Prohibit False Labelling of Marine Organisms; Sponsored by Rep. Chapman. This bill proposed to require clear and conspicuous labeling of a marine organism offered for sale if the marine organism is produced using genetic engineering and is labeled with the same name as its non-genetically engineered counterpart. Failure to provide the required labeling is a civil violation. The Marine Resources Committee held a public hearing and work session in March. The majority of the Committee voted Ought not to Pass; however a divided report is anticipated. LD 1026 An Act To Make Confidential the E-mail Addresses of Applicants for Department of Marine Resources Licenses; DMR bill sponsored by Rep Parry. This bill proposes an e-mail address recorded on a license application is confidential except for the use of department personnel or law enforcement personnel or for the purpose of court proceedings. LD 1038 An Act To Amend the Emergency Rule-making Authority of the Department of Marine Resources; DMR bill sponsored by Sen Langley. This bill expands the emergency rule-making authority of the DMR Commissioner to allow the department to amend rules to expand opportunity in a fishery if the amendment is in compliance with a federal or interstate fisheries management plan. LR 775 An Act To Increase Entry into Lobster Fishery; Sponsored by Rep Kumiega. This bill has not been printed but it will seek to expedite long waiting lists for the lobster fishery. LR 776 An Act To Establish a Limited Lobster and Crab Commercial License; Sponsored by Rep. Kumiega. This bill has not been printed; however it will be a proposal to establish a new license with a lower trap limit. LR 511 An Act To Improve Enforcement of Maine’s Marine Resources Laws . This bill is not printed but will include a proposal for license revocation for first offense of scrubbed lobster and covert electronic surveillance with probable cause. LR 1490 An Act To Allow Retired Marine Patrol Officers To Obtain up to 2 Marine Fisheries Licenses. This bill title was included in LD 896, sponsored by Rep. Alley. LR 515 An Act To Provide for Improved Reporting of Marine Resources Landings . This bill is not printed.

Marine-related BondsLD 998 An Act To Authorize a General Fund Bond Issue To Collect Data on and To Monitor Ocean Acidification; Sponsored by Rep Parry. The funds provided by this bond issue, in the amount of $3,000,000, will be used to collect data, monitor waterways and perform tests related to the known increasing ocean acidity along the Maine coast and its impact on natural wildlife and commercially important species in Maine waters, such as lobsters and clams. LD 254 An Act To Authorize a General Fund Bond Issue To Support Waterfront Development; Sponsored by Sen. Haskell. The funds provided by this bond issue, in the amount of $10,000,000, will be used to fund a grant program to invest in projects that contribute to economic activity, environmental protection and community development along the State’s waterfronts. It also enacts a grant program for waterfront development, which is modeled after the Riverfront Community Development Program. Track legislation at www.legislature.maine.gov