Maine Lobstermen’s Association update: November 2014

First published in Landings, November, 2014.

MLA Directors’ Meeting

MLA Directors met with Scott Smithwick of Smithwick & Mariners Insurance in a closed session to review the rating structure and details of the MLA vessel insurance program. The goal of the vessel insurance program is to provide high quality, affordable vessel insurance for MLA members. The MLA board believes that the program is doing a good job of serving the membership, but the program must continue to ensure competitive premiums along with excellent customer service and claims processing. The MLA vessel insurance program implemented a 10% reduction in base rates across the board for the 2014 renewal. Moving forward, the Board approved a change in the hull rating categories based on the age of the vessel and giving the insurance agent the discretion to amend the rate or rating bracket of any vessel based on the results of a recent survey.

Executive director Patrice McCarron reported that the recent round of meetings with candidates was very successful, attracting a diverse group running for office in the state Legislature. In the October issue of Landings, the MLA published a shortened transcript of the answers given by the three gubernatorial candidates to questions that affect Maine lobstermen The full transcript is available on the MLA website (http://www.mainelobstermen.org/pdf/Candidates_2014.pdf).

With regard to the federal whale rules, due for implementation in June, 2015, Maine DMR submitted two requests to National Marine Fisheries Service (NMFS). The first is a request to expand the ¼ mile buffer around offshore islands where singles would be allowed to be fished to additional islands; the second, to develop guidance for lobstermen who wish to request exemptions to the trawl length requirements due to safety concerns. The MLA coordinated a letter of support from the lobster associations, signed by MLA, DELA and SMLA.

The Maine Lobstering Union expressed its desire to sue NMFS about the whale rules, including earlier sinking line regulations. However, according to NMFS, the union’s 60 day notice of intent to sue expired on October 2; no suit had been filed by that date.

McCarron updated the Board on recent discussions through the New England Fisheries Management Council (NEFMC) regarding the development of changes to Essential Fish Habitat regulations (such as groundfish spawning closures) which could impact Maine’s lobstermen. DMR will be holding information sessions on this topic with the fishing industry. Secondly, as the NEFMC grapples with the management implications of the devastating cod assessment, there is strong interest among scientists, managers and other groundfish stakeholders to understand the level of cod bycatch in the lobster industry. The MLA is monitoring these issues.

The EPA has announced new vessel discharge requirements for commercial vessels under 79 feet in length fishing in state waters. The EPA will issue a blanket permit for all vessels. Beginning in December 2014, Maine lobstermen will be required to keep a one-page form aboard their boat and certify that annual inspections have been conducted.

The MLA is working with the Army Corps to get staff people out on a lobster boat this fall to tour the proposed disposal site in Penobscot Bay where spoils may be dumped if Searsport is dredged. MLA arranged for Corps staff to tour the site with lobstermen this summer, but lobstermen want officials to return when the area is actively being fished.

The Royal River is being dredged this fall and winter, with spoils to be dumped in the Portland Disposal Area. Although the project has been approved since March 2014, there has been much confusion surrounding the details of the project including start date and dredge haul route. MLA has helped to get updates out to lobstermen.

The MLA directors from the area reported that the local meeting in Bristol to discuss the University of Maine’s offshore wind project was well attended. It resulted in a majority vote to not allow the project to connect to the power grid in town. However, the board of selectman have stated that the vote is likely non-binding.

The MLA continues to pursue alternate options to repacking life rafts annually as required by the Coast Guard. The MLA will again approach Maine’s Commercial Fishing Vessel Safety Council on this issue.

The MLA is helping lobstermen with questions about health insurance again this year. The Health Insurance open enrollment begins November 15. April McNutt will continue working as a health insurance Navigator for MLA.

Amy Lent updated the board on Maine Maritime Museum’s progress in redesigning and relaunching its lobster exhibit, which will open in July 2015. Annie Tselikis announced that she is now the part-time director of the Maine Lobster Dealers Association.

The MLA Board meets again on November 12 and on December 3 at Darby’s in Belfast.

Pollution Permit Required in Maine Waters

Effective December 19, 2014, Maine lobster boats operating in state waters are required to comply with new discharge permit regulations. To meet these new requirements, vessels must have a completed “Permit Authorization and Record of Inspection” (or PARI form) on board the vessel. This is a one-page form which requires you to fill in the vessel owner’s name, address, email and phone; the vessel name, type and identifier. The vessel owner must sign and date the form. The form must then be signed annually each year from 2014 through 2018, certifying that you have completed an annual vessel discharge inspection. It is unclear how these rules will be enforced, however, MLA has been informed that the Coast Guard will request a copy of the PARI form during vessel boardings and inspections. The PARI form is available online: http://water.epa.gov/polwaste/npdes/vessels/upload/vgp_appk2013.pdf

NMFS Whale Plan

The Take Reduction Team (TRT) met via webinar on October 1 to consider a request from the state of Massachusetts to alter the lobster closure to protect whales due to begin on January 1. The TRT supported beginning the closure on February 1, rather than January 1. However, the request to create wet storage areas for lobster gear to assist lobstermen in setting gear in the closed area in May was not supported.

Maine Lobster Marketing Collaborative (MLMC)

The MLMC held its first board meeting in October with new executive director Matt Jacobson at the helm. Following an executive session, the Board discussed the Collaborative’s strategy moving forward. Jacobson expressed a strong commitment to provide better financial accountability back to the industry, and will engage the board more closely in that process. Jacobson also stressed the need for the Collaborative to develop tools to measure the effectiveness of its work.

The Collaborative has opened a search to hire an ad agency to help launch its lobster marketing campaign. MLMC staff and board will work to select top candidates from the pool of submissions and hold a public meeting in December where the finalists will make their pitch. Consultant John Stammel who has been working with the MLMC will also provide a summary of his work at that meeting. The MLMC is collecting data on where Maine lobster is currently consumed to inform its future marketing strategy. A more comprehensive marketing strategy will be unveiled in 2015.

Lobster License Plate Fund

The RED Fund Board (the Lobster Research, Education and Development Fund) met in October to discuss the status of the fund and establish a strategy moving forward. The RED Board plans to meet quarterly, and will set funding priorities for each sector — research, education and development — for the upcoming year. The RED Board also plans to market the sale of lobster license plates and educate the public about the work accomplished through the fund. The RED Fund raises approximately $250,000 annually through the sale of lobster license plates to support its work.

Outreach meetings

The MLA participated in several outreach meetings during October. Patrice McCarron presented an overview of MLA’s collaboration with Maine Sea Grant on the TAA program as part of the National Sea Grant Program’s review of Maine Sea Grant. MLA member Genevieve McDonald participated in a local radio program on WERU to discuss her involvement in the Maine Lobster Leadership Institute, as well as a range of issues facing Maine’s lobster industry. McDonald was interviewed along with Bob Bayer of the Lobster Institute. Patrice McCarron and Rick Wahle from the University of Maine also joined the program.

McCarron was a guest at a Marine Pollution class at the University of New England and discussed how the lobster industry responds to issues surrounding point source pollution in Maine. MLA also hosted a group of 13 students from Princeton University during their visit to Maine to learn more about fisheries policy, the challenges facing Maine’s lobster industry and how MLA advocates for the industry. MLA included a meeting with a local lobsterman to get students down to the dock to tour a lobster boat and discuss the fishery from a lobsterman’s perspective.

Herring Fishery closed

Both the Area 1A (inshore) and Area 3 (Georges Bank) herring fisheries are closed to directed fishing. Area 3 closed on September 23 and Area 1A closed on October 26 when each area was projected to have exceeded 92% of the total allowable catch (TAC). Area 3 is closed through December 31, 2014; Area 1A is closed through May 31, 2015.

During the directed fishery closures, vessels may transit through Area 1A with more than 2,000 pounds of herring on board, provided the vessel did not catch those herring in Area 1A and all fishing gear is properly stowed, making it unavailable for immediate use.

Lobster zone council meetings

The Lobster Zone Councils met throughout September and October to elect new members and review events in their regions.

At each zone council meeting, Department of Marine Resources (DMR) staff gave an overview of the New England Fisheries Management Council’s Omnibus Habitat Amendment 2 which proposes fishing closures in federal waters to protect undersea habitats. Staff also spoke about DMR’s development of a Fishery Management Plan for lobster, noting that the effort is taking place through the Lobster Advisory Council with input from the zone councils. The plan will provide an overview of the lobster fishery and its current management, and articulate goals and objectives for the future. The plan will be a guidance document and not have the force of law or rule. Staff also provided an update on the Maine Lobster Marketing Collaborative, noting that Matt Jacobson took over as executive director in August and that Cyrus Sleeper of South Thomaston had recently been appointed as a harvester representative to the MLMC board. Marine Patrol staff spoke about new officers being added to the bureau and the bureau’s new Facebook page. It was also announced that Col. Joe Fessenden would be retiring at the end of this year.

Zone A met on September 18 when members nominated Sonny Beal to serve on the Maine Lobster Marketing Collaborative board. Beal’s nomination was later reviewed and accepted by DMR. Members also discussed at length the difficulties arising this summer in the “grey zone” around Machias Seal Island. An influx of Canadian lobster boats in the 100-square-mile zone around the island has caused problems for Maine lobstermen fishing in the same area.

Both Zone B (on September 17) and C (on September 25) council members discussed their confusion about the federal vertical line rules that will come into place next year and the state’s regulation regarding trawls. The vertical line rules for that area call for a minimum of three traps on a trawl; DMR states that the maximum shall be three traps on a trawl. DMR’s position is that any Maine regulation imposing trawl limits that does not comply with the whale rules will be amended through the rulemaking process in the coming months. However, the whale rule trawling-up requirements will supersede and replace Maine’s existing trawl limit regulations. Whale rule trawling requirements take effect in June 2015.

Zone B members also talked about changing the closed periods during the fall months, either by moving the Nov. 1 date (allowing night hauling) back to Oct. 1 or changing the sunrise/sunset provision by an hour. A representative from Frenchboro approached the council to begin the process of getting that island into the island limited-entry program for lobster licenses.

Zone D met on October 2. DMR staff and Kim Tucker, attorney for the Maine Lobstering Union, spoke about the Searsport dredging project. The council members also discussed Bristol’s recent vote against allowing electrical cables from the proposed Monhegan wind turbines to pass through their town. They also spoke about the recent drop in the number of lobstermen fishing from Monhegan.

Zone E met on October 28. Information from the council was not available at press time.

Zone F met on September 22 when members heard from Bill Needleman, waterfront coordinator for the city of Portland, who spoke about non-federal dredge activities going on in Portland. Members also discussed the Royal River dredging project. Matt Jacobson, executive director of the MLMC, introduced himself. A representative from Chebeague Island asked the council to ask DMR to conduct a referendum among zone members to remove Chebeague Island from the island limited-entry program for lobster licenses. Council members also renewed discussion of student license requirements. They tabled the discussion until the next meeting but asked DMR to provide them with information about student licenses. Roger Allard reported that in his zone “everyone’s happy.”

Zone G met on September 30 when members also heard from Needleman about dredging in Portland. Matt Jacobson, executive director of the MLMC, introduced himself. DMR staff provided an update on the shrimp fishery, noting that the Atlantic States Marine Fisheries Commission section would be holding a meeting on shrimp on November 5. DMR would be meeting with fishermen before that time to discuss the shrimp situation. Marine Patrol Officer Rene Cloutier provided council members with a selection of V-notched fins to illustrate what is a legal and illegal V-notch.