April 30, 2015 — The following as released by the Maine Department of Marine Resources:
James Simmons, a 40-year old lobsterman from Friendship who had all of his commercial fishing licenses suspended in February for two years by the Department of Marine Resources for several marine resources law violations has recently been charged with two new offenses, one of which could add more than a year to his total length of suspension.
The two most recent charges were for engaging in licensed activities while under suspension and violating conditions of release from jail. The charge for engaging in licensed activities while under suspension could compound his February suspension, making his total length of suspension more than three years.
Simmons’ February suspension stemmed from a Marine Patrol investigation started in the summer of 2014 which revealed that he was fishing sunken trawls (strings of lobster traps without a buoy to mark their location) near Matinicus Island. A buoy is required by law to identify the owner of the traps and to allow Marine Patrol to haul and inspect the gear.
“While the vast majority of harvesters obey our laws, there are some who choose to exceed their licensed limit of traps and will fish sunken trawls in an attempt to hide their gear,” said Marine Patrol Sergeant Troy Dow.
With evidence from the June 2014 investigation, the Marine Patrol secured a search warrant to continue its investigation. In October 2014, Marine Patrol Officers on three Marine Patrol vessels were able to locate and retrieve over 150 traps on sunken trawls that were not marked with a buoy. Another four traps hauled as part of the investigation did not have tags.
Simmons was charged with fishing untagged traps, a civil offense with a possible fine of $2250. He was also charged with using an illegal method of fishing for not having buoys attached to his trawls, which carries a possible fine of up to $5000.
In addition he was charged with fishing with illegal gear for using the floating rope to connect traps, which violates a Maine regulation designed to protect whales from becoming entangled in lobster gear. The penalty for violation of this regulation could total $250.
As a result of the 2014 investigation, Maine Department of Marine Resources Commissioner Patrick Keliher suspended all of Simmons’ licenses, including his lobster license, as well as his right to obtain any licenses issued by the Department, for two years starting February 9, 2015. Simmons also held a commercial fishing license and a shrimp license.
In March, Simmons was again charged by the Marine Patrol, this time for engaging in licensed activities while under the February suspension, a Class D crime with the possibility of a year in jail and a fine of up to $2000. The charge was the result of an investigation that revealed he was paying another harvester to haul and sell his lobsters. Because of the new charge he was also cited for violating bail conditions related to a 2014 arson charge for which he has yet to stand trial.
“The most recent charge for engaging in licensed activity while under suspension carries the possibility of a three year suspension by itself but when combined with his current suspension could result in a total length of suspension of his licenses and his right to obtain additional licenses of more than three years,” said Commissioner Keliher.
“James Simmons has established a longstanding pattern of disregard for Maine’s laws including those that protect our valuable marine resources,” said Commissioner Keliher. “I want to commend the work of the Maine Marine Patrol. Their diligence has resulted in his removal from the fishery and the possibility of serious penalties that reflect the damage one person can cause to a sustainable fishery and the law abiding people who rely on it for a living.”
A letter notifying Simmons of his suspension was sent April 28. Unless he requests a hearing within 10 days of receipt of the letter, Simmons’ three-year suspension, the maximum possible by law, will be effective as of May 8, 2015. Simmons can also request a length of suspension hearing with the Commissioner or appeal the suspension to the Superior Court.