Saving Seafood

MELISSA WATERMAN: Marine Matters: A Feeling of Relief Down East

April 27, 2017 — Well, they did it. At its April 17 meeting in Connecticut the New England Fisheries Management Council reaffirmed the economically vital place that lobster fishing has in this state by exempting lobstermen from restrictions that may flow from the council’s Omnibus Deep Sea Coral Amendment.

The decision qualifies as a Big Deal. The council has been considering ways to protect deep-sea corals found within the Gulf of Maine and along the continental shelf for several years. Protecting a living creature that is not a fish is new ground for the council, which draws its regulatory authority from the Magnuson-Stevens Fisheries Conservation and Management Act. But revisions to the act in 2006 gave the council “discretionary authority” to protect deep-sea corals in New England. Thus, creation of the Omnibus Amendment, the provisions of which will be applied to all of the council’s 28 fisheries management plans.

The amendment identifies four coral areas in the Gulf of Maine as well as several canyons south of Georges Bank for protection. Two Gulf of Maine sites are places where Maine lobstermen set their traps — Outer Schoodic Ridge and Mt. Desert Rock.

You and I would look at the two locations and say, “Hmmmmm. Water.” Lobstermen, on the other hand, look at the water and envision what lies beneath it, the rocky seabed on which lots of lobsters live in their individual burrows.

So, when the council stated last year that it was considering closing those two areas to all bottom-tending gear, Down East lobstermen took notice. Such closures would mean no fishing for lobster or red crab, another commercially valuable species. In January, the Department of Marine Resources (DMR) asked the council to specifically exempt lobster fishing from possible closed-area restrictions. The council replied that it was too early in the amendment process to exempt any fishery. It asked, instead, for more information about the economic value of these two areas.

Read the full opinion piece at The Free Press

Maine fishermen could feel impact of proposed undersea cable

April 25, 2017 — A Canadian company is proposing a 350-mile, sub-sea power transmission cable that could interfere with commercial fishing along the coast of Maine.

If the project is approved, the Atlantic Link cable would be buried about 25 miles offshore of Harpswell, running between New Brunswick, Canada, and Plymouth, Massachusetts. It would affect about 400 lobstermen from Cape Elizabeth to Phippsburg, according to spokesman Gerald Weseen of the Nova Scotia-based energy services company Emera.

Weseen and other project representatives, and staff from the Maine Coast Fishermen’s Association, conducted a meeting about the project April 21 that drew only two area lobstermen.

“Most of the (interference) is pretty workable,” Glenn Rogers, a Mackerel Cove fisherman from Orr’s Island, said Friday.

Late last month, a collection of Massachusetts utility companies sent out a request for proposals targeting clean energy services in response to a clean energy procurement mandate from that state’s Legislature, Weseen explained.

He said Emera’s plan to channel 900 megawatts of hydro and wind power is the only sub-sea option competing against about a half dozen other proposals.

Read the full story at The Forecaster

Lobstermen tired of conflicts support bill to allow GPS tracking of boats

April 25, 2017 — Lobstermen fed up with cohorts who violate fishing regulations testified in favor of a bill to allow Marine Patrol officers to secretly install tracking devices on fishing vessels suspected of illegal activity without first obtaining a warrant.

While a smaller faction opposed the bill, both sides agreed that Maine faces a growing “epidemic” posed by a small number of law-breakers fueling dangerous conflict and threatening the stewardship ethos within the state’s most valuable fishery. They also agreed that the Maine Department of Marine Resources needed more enforcement tools, but lobstermen differed on whether DMR’s commissioner should be allowed to authorize the installation of GPS tracking devices without getting a judge’s approval.

“It is coming to a point where violence will happen and I don’t want to see it happen,” Jason Joyce, a Swans Island lobsterman. “I’ve fished my whole life … the department is full of people who (committed to) criminal justice and they are not trying to impose anything on us as an industry. They are trying to help us out and they need the tools to do it.”

Critics raised concerns about giving the DMR commissioner – a political appointee – too much power and criticized what they said was overly broad or sweeping language in the bill.

“We need to help our law enforcement, yes, but the way the bill is written presently is not the way to do it,” said Rock Alley, a Jonesport fishermen and president of the Maine Lobstermen’s Union.

Lobstering in Maine always has been a rough-and-tumble industry where territorial disputes, personal conflicts or perceptions of wrong-doing can lead to sabotaged traps, sunken boats and occasional violence. But those tensions have risen to new levels in recent years, including the loss of more than $350,000 in gear during an intense “trap war” in the Swans Island-Stonington area last year, and one lobsterman’s boat being sunk at its mooring three times.

Maine lobstermen hauled in 130 million pounds of the crustaceans last year worth an estimated $533 million.

State law already allows Marine Patrol officers to obtain a warrant from a court to covertly install surveillance devices such as GPS trackers on vessels when officers have probable cause to believe the operator is engaged in criminal violations. But many serious crimes in Maine’s lobster industry – such as fishing more than the maximum 800 traps or hauling another fisherman’s gear – are civil violations that therefore require officers to provide targeted fishermen with at least 24 hours’ notice before installing tracking devices.

The bill under consideration in the Legislature, L.D. 1379, would allow the DMR commissioner to authorize the covert installation of a GPS tracking device in cases where Marine Patrol officers show “probable cause” of a civil violation.

Commissioner Patrick Keliher said conflicts between lobstermen are “indisputably” increasing as some lobstermen fish too many traps, set gear outside of their designated zone or fish “sunken trawls” without buoys to evade detection. Keliher, who called the bill “the most important piece of legislation” of his tenure as DMR commissioner, said he feared the actions of a few bad apples threatened to erode the conservation ethic of the industry.

Read the full story at the Portland Press Herald

MAINE: Marine Patrol Officer Matthew Wyman Honored for Professional Excellence

April 21, 2017 — The following was released by the Maine Department of Marine Resources:

Maine Marine Patrol Officer Matthew Wyman has received the 2017 Northeast Conservation Law Enforcement Chief’s Award. The award, presented April 10, 2017 at the Northeast Fish and Wildlife Conference, honors a law enforcement official for professional excellence. The Conference brings together regional natural resources professionals in many fields including law enforcement.

Officer Wyman was recognized by Marine Patrol Sergeant Matthew Talbot, who nominated him for the award, for his depth of skill and knowledge and for his painstaking investigation of violations that threaten Maine’s valuable marine resources.

“As a Marine Patrol Officer working Mid-Coast Maine, Officer Wyman spends much of his time working activity associated with Maine’s lucrative lobster fishery,” said Sergeant Talbot. “Officer Wyman is dedicated and involved in the conservation of Maine’s lobster fishery. He is fair minded and he conducts thorough investigations. His efforts, experience, teamwork, and commitment greatly contributed to multiple lobster fishery violations being identified and addressed.”

Sergeant Talbot highlighted several cases in which Officer Wyman demonstrated exceptional effort and ability. “During 2016 Officer Wyman was instrumental in a lengthy investigation involving a lobster harvester who was found to be illegally fishing unmarked, untagged, sunken lobster traps in offshore waters,” said Sergeant Talbot. “In addition to spending a great deal of time underway, Officer Wyman exhibited skill in drafting search warrants and managing the technological portion of the investigation.” 

Sergeant Talbot also applauded Officer Wyman protecting the future of Maine’s lobster resource. “Officer Wyman also participated in an investigation into a lobster harvester who was found to be scrubbing egg bearing lobsters. This is an egregious resource violation and he worked smartly and efficiently alongside his fellow officers to help build a solid case,” said Sergeant Talbot.

“Officer Wyman consistently demonstrates a high level of professionalism,” said Maine Department of Marine Resources Commissioner Patrick Keliher. “He has the respect of his peers and of the fishing community.”

The Northeast Conservation Law Enforcement Chiefs Association is a professional organization comprised of the chiefs and senior command staff from the 13 northeastern states, U.S. Fish & Wildlife Service, NOAA Officer for Law Enforcement and the Canadian provinces of Nova Scotia and New Brunswick.

The Maine Marine Patrol enforces Maine’s marine resources laws for commercial and recreational activity. Officers are involved in investigative and protective services work, including the enforcement of marine resource conservation law, rules and regulations. Officers patrol an assigned coastal area by land and air and aboard patrol vessels, protecting marine resources, coastal property and the public.

Auction of historic lobster wharf could change life on this Maine island

April 13, 2017 — The first true sign of spring arrived Tuesday on Bailey Island, as temperatures hovered around 60 degrees and lobstermen painted buoys and repaired traps near Cook’s Lobster & Ale House, just over the historic Cribstone Bridge at the tip of Harpswell.

Nick and Jennifer Charboneau were busy at the 62-year-old restaurant, readying for the second weekend of the new season following an “amazing” 2016, their first full season at the helm of the waterfront restaurant that has been featured on national television advertising campaigns and multiple travel magazines.

Although the adjacent commercial wharf was still, with lobster boats not yet active for the season, it was the focus of much discussion in the area. Following a preview Wednesday and another next week, the wharf and associated docks and outbuildings will be auctioned “as is” to the highest bidder on April 25.

The outcome of that auction could mean big changes for the fishing community on the island.

For the dozen or so fishermen who moor their boats in tiny Garrison’s Cove and fish off the wharf, maintaining a commercial operation is critical, as it is for the Charboneaus and the Casco Bay Ferry cruise boat that arrives once each day during the summer,

Danny Coffin, whose lobster boat, the Twisted Halo, is moored in Garrison’s Cove, said Tuesday that while the wharf has fallen into disrepair in recent years, “we need it.”

Read the full story at the Bangor Daily News

Proposed closure of coral grounds in Gulf of Maine has lobster industry on edge

April 10, 2017 — Over the past 10 years, the issue of how to protect endangered whales from getting tangled in fishing gear has been a driving factor in how lobstermen configure their gear and how much money they have to spend to comply with regulations.

Now federal officials have cited the need to protect deep-sea corals in a proposal to close some areas to fishing — a proposal that, according to lobstermen, could pose a serious threat to how they ply their trade.

“The [potential] financial impact is huge,” Jim Dow, a Bass Harbor lobsterman and board member with Maine Lobstermen’s Association, said Wednesday. “You’re talking a lot of the coast that is going to be affected by it.”

The discovery in 2014 of deep-sea corals in the gulf, near Mount Desert Rock and along the Outer Schoodic Ridges, has prompted the New England Fisheries Management Council to consider making those area off-limits to fishing vessels in order to protect the coral from damage. According to Maine Department of Marine Resources, fishermen from at least 15 harbors in Hancock and Washington counties could be affected by the proposed closure.

 But what has fishermen on edge the most about the concept is that regulators don’t know how much more coral has yet to be discovered in the gulf. They fear the proposed closure could set a precedent that would result in even more areas becoming off-limits to Maine’s $500 million lobster fishery, which is the biggest fishery in Maine and one of the most lucrative in the country.

“They could probably find coral along the entire coast of Maine, outside of 3 miles [in federal waters], if they start hunting for it,” David Cousens, a South Thomaston fishermen and president of Maine Lobstermen’s Association, told more than 100 fishermen last month at a meeting on the topic at the annual Maine Fishermen’s Forum in Rockport.

Terry Stockwell, a senior DMR official who represents Maine on the council and other fishing regulatory entities, said the state has been lobbying the council to consider making an exception for the lobster trap fishery at the proposed closure sites in the gulf but so far without success. Traps are lowered and then raised from the bottom and so should cause less damage to coral than other types of gear such as scallop dredges, which are dragged along the bottom, according to Stockwell and others who support making lobster traps exempt.

“Twice I’ve gone down in flames,” Stockwell said of his efforts to date to get the council to agree to an exemption for lobster trap gear.

Further offshore in the Gulf of Maine, beyond the reach of the small boats that make up Maine’s lobster fishing fleet, the council also is proposing coral-related fishing closures in parts of the Jordan and Georges basins.

Outside the Gulf of Maine, roughly 100 to 200 nautical miles southeast of Cape Cod, are 20 underwater canyons at the edge of the continental shelf, where coral closures also could be enacted. Five of those canyons, along with four seamounts off the continental shelf, are part of the Northeast Canyons and Seamounts Marine National Monument, which former President Obama created last September and which is being challenged in federal court by the Pacific Legal Foundation.

Read the full story at the Bangor Daily News

Maine lobsterman denied bail in federal manslaughter case

April 4, 2017 — A lobsterman from Cushing will remain jailed until his manslaughter trial despite an impassioned plea to have him released to the custody and supervision of his parents.

U.S. Magistrate Judge John Rich ruled Monday that Christopher Hutchinson, 28, should not be allowed bail since he already violated conditions when he used drugs and overdosed last month.

His parents, who sat in the courtroom during the hearing in Portland, cried as the judge read his decision. As Hutchinson left the courthouse in handcuffs, he turned to them and said, “I’ll be all right.”

Hutchinson is charged with seaman’s manslaughter in connection with the Nov. 1, 2014, deaths of Tom Hammond, 27, of Rockland and Tyler Sawyer, 15, of St. George. Investigators believe Hutchinson was under the influence of alcohol and opioids when he sailed his lobster boat, No Limits, into a storm, sinking it. Hutchinson was rescued by Coast Guard officials, but his crewmen, Hammond and Sawyer, did not survive.

Hutchinson was arrested in December after a lengthy investigation and posted $10,000 bail three days later with conditions that he not use substances. He violated those conditions on March 14, when he overdosed on heroin and needed to be revived with the drug Narcan.

His attorney, Michael Turndorf, said Monday that his client should be released to his parents, who would monitor him constantly and ensure that he be treated for his addiction. His mother had even taken a leave of absence from her job as a nurse.

Assistant U.S. Attorney Halsey Frank, however, argued that he didn’t think Hutchinson would be able to abide by any bail condition and the judge agreed, although he commended the parents’ commitment to their son.

“The court has no doubt they will do everything in their power,” he said.

The Hutchinsons declined to speak with a reporter after the hearing.

Frank, in addition to his belief that Hutchinson could not abide by conditions that he not use drugs, told the judge he had concerns that the defendant was still operating a boat, potentially putting other crew members at risk.

Read the full story at the Portland Press Herald

MASSACHUSETTS: Cabral hopeful lobster bill will finally get passed, bring new jobs to New Bedford

April 3, 2017 — It was billed as a legislative lunch with the likes of U.S. senators Elizabeth Warren and Ed Markey, but much of a March 24 “legislative luncheon” at Seatrade International was actually about trying to hammer out an agreement on a bill governing the way you can sell lobsters in Massachusetts.

Other topics focused on policies that will govern the growth of the Port of New Bedford.

The luncheon had two parts, one public and one private. And the initial closed-door part, which besides Warren and Markey included the five members of New Bedford’s all Democratic House delegation, began with a heated debate over a lobster bill.

The bill (House Bill 2906) was co-sponsored by 13th Bristol District Rep. Antonio Cabral, who represents the downtown, South End and much of the waterfront. His proposed legislation would allow for the sale, processing and transport of lobster parts, which is already legal in Maine and New Hampshire but not Massachusetts.

“We’ve been trying to resolve this issue for some time,” Cabral said. “There was a bill during the last session, but we’ve made some progress.”

The packet handed to the attendees of the legislative lunch included two letters, one signed by Mayor Jon Mitchell and the other by Ed Anthes-Washburn, the executive director of the Harbor Development Committee. The letters supported two previous lobster bills that failed.

Anthes-Washburn’s letter, addressed to the State House, voiced support for Senate Bill S469 in 2015. After three readings and being passed to be engrossed by the Senate, the House sent it to the Committee on Ways and Means in 2016, where no further action was taken.

Read the full story at the New Bedford Standard-Times

Trapped by heroin: Lobster industry struggles with its deadly secret

April 3, 2017 — Maine lobstermen are plagued by opioid addiction, leading to deaths, ruined lives and even fishing violations to pay for the habit. Some in recovery also recognize the challenge: Getting help to an intensely independent breed that rarely asks for it.

Until last year, when he finally kicked a 20-year heroin habit, Tristen Nelson had always been too high to even notice the best things about being a lobsterman in Down East Maine, like the beauty of a Bucks Harbor sunrise or the freedom of fishing two dozen miles offshore.

He loves those things about his job now, but for two decades the 35-year-old Machias man only lobstered to make the quick cash he needed to buy heroin. He would spend all his money, up to $60,000 for six months of work, on drugs. And he would end every fishing season broke.

His captains didn’t care if he showed up high, as long as he came ready to work. He hauled traps like a madman at dawn, fueled by his morning fix. By noon, however, the drug would start to wear off. He would slow down and hope each trap hauled was the last.

“I was just one more junkie on a lobster boat, counting down the hours until I could get my cash, until I could score,” Nelson said. “All those years I didn’t even realize that I had the best job in the world. … What a waste.”

The Gulf of Maine is full of people battling addictions. Nelson has hauled traps beside them, shot up with them and attended their funerals. And now, as somebody who has kicked the habit, he is trying to help other fishermen find their way into recovery.

“There are guys like me in every port,” Nelson said. “Anyone says different, they’re blind.”

For years, industry leaders and regulators ignored the drug use. They didn’t want to risk tainting the iconic image of the Maine lobsterman, that rough-and-tumble ocean cowboy who braves the elements to hunt lobster, the backbone of the state’s $1.6 billion-a-year industry. And the lobstermen were intensely private, preferring to battle their demons on their own and rarely asking for help.

That is starting to change. As addiction surfaces in newspaper obituaries, public memorial services and fishermen’s forums, and is blamed as a motive for an increasing number of the state’s fishing crimes, industry leaders now admit that America’s deepening opioid epidemic is feeding on the labor force of the state’s most valuable fishery.

“Addiction is a disease and it is a problem within this industry,” Commissioner Pat Keliher of the Department of Marine Resources told the Maine Fishermen’s Forum last month. “I am certainly not making the statement that it is everybody in this industry, but it is a problem.”

There is no way to compare heroin use among Maine lobstermen with any other profession. The state doesn’t keep its drug use statistics that way, and it will not identify the 378 drug overdose victims in 2016, including 313 who died of heroin or other opioids. While some coastal towns, such as Machias, openly acknowledge drug use in the fleet and talk about what can be done, others, like Stonington, the state’s lobster capital, remain reluctant to do so.

Read the full story at the Portland Press Herald

Proposed regulations irk lobstermen

March 23, 2017 — Bay State lobstermen fear that a new proposal — meant to save lobsters in warming southern New England waters — could hurt business by barring them from harvesting in prime summer months and putting tighter restrictions on the size of their catch.

The Atlantic States Marine Fisheries Commission will present a plan in New Bedford tonight on ways to maintain or increase the number of lobsters in waters from southern Massachusetts to Delaware.

“Over the last 15 years we’ve seen a decline in lobster abundance, and we think that’s by and large a response to warming ocean temperatures,” said Dan McKiernan, deputy director of the Massachusetts Division of Marine Fisheries.

“That’s the challenge that we have — it’s trying to preserve lobster but doing it in a way that the industry can survive,” he added.

Yet Massachusetts lobstermen argue that their pots are full and don’t see what the fuss is all about.

“Southern New England as a whole is not doing very well, but where we are, it’s doing pretty well,” said lobsterman Jarrett Drake, who has lobstered out of New Bedford for more than 30 years.

The plan ropes in Massachusetts waters south of Cape Cod in with states like Rhode Island and as far away as New Jersey, where lobster populations are extremely low. It considers banning lobstering from July to September — peak tourist months for restaurants — as well as new restrictions on the size of lobsters fishermen can keep, and how long their traps can stay in the water.

Read the full story at the Boston Herald