Saving Seafood

Harsher penalties for lobstermen who cheat get legislative support

May 4, 2017 — A legislative committee voted unanimously Wednesday to toughen penalties on lobstermen who fish too many traps or use “sunken trawls,” as part of an industry-supported effort to crack down on lawbreakers.

“I do think this is going to get people’s attention and will hopefully make people realize that it doesn’t pay to cheat,” said Patrice McCarron, executive director of the Maine Lobstermen’s Association.

Lawmakers are considering a suite of requests from the Maine Department of Marine Resources for more enforcement tools and tougher sanctions against violators in an industry worth more than $500 million last year.

A bill unanimously endorsed by the Marine Resources Committee, L.D. 575, would allow DMR’s commissioner to order longer license suspensions for lobstermen who violate the laws on the first offense and, in several cases, permanently revoke the licenses of repeat offenders.

For instance, violators caught fishing more than the legal limit of 800 traps or fishing “sunken trawls” without marker buoys would face a minimum three-year suspension – up from the current one year – and could lose their licenses for up to 10 years. Removing or “scrubbing” the eggs from female lobsters would result in a minimum four-year license suspension, and “molesting” other fishermen’s traps could result in a suspension from two to six years. The current maximum for molesting gear is three years.

Read the full story at the Portland Press Herald

JERRY FRASER: Big lobster is watching

April 28, 2017 — It’s been a while since Red Bridges paid me $1 a day to bait lobster traps. Nine years old and not especially tall, I couldn’t reach deep in the bait barrel, so Red would pitchfork the redfish into a bushel basket for me. Between his having to do that and my eating half his lunch — unless he brought cold bean sandwiches — I was probably getting 99 cents more than I was worth.

Another benefit was cussing. Red was by no means vile in his use of language but he could cuss with the best of them and if, for example, our gear wound up with another fisherman’s, he would let loose with a stream I would later reprise for my friends. Of course, on the rare occasions his wife came along for the day, sitting in her lawn chair on the back deck, you’d have thought we were a couple of altar boys.

This was the 1960s. Lobstermen at Perkins Cove in Ogunquit, Maine, fished a couple hundred wooden traps, if that, from wooden boats. They built their own traps and knitted their own heads. Bait was $5 a barrel and the bait man delivered twice a week. Electronics typically consisted of a flasher, and not everyone had a radio.

Some things haven’t changed. Lobstering has always had pirates who harvest shorts and v-tails or regard buoy color as a notion whose significance varies with the visibility. In years past the state of Maine was seldom called in to adjudicate disputes. Fishermen sorted things out on their own in accordance with local tradition. In some cases, a word to the wise was enough, particularly if delivered by someone who might have been described as an “elder statesman.” Sometimes more assertive remedies were necessary. Occasionally, a dispute could result in an all-out trap war.

Read the full story at National Fisherman

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.

NEFMC Presents 2017 Award for Excellence to Dr. Matt Cieri

April 20, 2017 — The following was released by the New England Fishery Management Council:

The New England Fishery Management Council today presented its 2017 Janice M. Plante Award for Excellence to Dr. Matt Cieri of the Maine Department of Marine Resources (DMR). Dr. Cieri received the award in recognition of the breadth of his scientific contributions and commitment to the Council process.

Council Chairman Dr. John Quinn said, “Dr. Cieri has devoted almost his entire professional career to the betterment of Atlantic herring science and management. He’s contributed extensively to the Council’s Atlantic Herring Plan Development Team and to herring stock assessments, and he’s been heavily involved with quota monitoring, which has helped us track catch trends and quota utilization in this important fishery.”

Dr. Cieri is a Marine Resource Scientist III at Maine DMR. He earned a Master of Science degree from Rutgers University and a PhD from the University of Maine. He oversees several programs and personnel within DMR, ranging from the Maine/New Hampshire Trawl Survey to Recreational Fishery Monitoring. He is well versed in a number of assessment models and methods. In additional to his considerable involvement with Atlantic herring, he also has contributed to assessment efforts related to monkfish, dogfish, groundfish, American eels, and Atlantic menhaden.

The Plante award is the Council’s highest honor, bestowed to an individual who has produced exceptional work “to further the effectiveness of the fishery management process in New England.”

Read the full release here

Regulators to allow lobster fishing in Gulf of Maine coral canyons

April 19, 2017 — New England regulators have voted to allow lobster fishing in proposed deep-sea coral protection zones, including two heavily fished areas in Down East Maine.

The New England Fisheries Management Council voted 14-1 to ban most fishing in the canyons and plateaus where slow-growing, cold-water coral gardens flourish in the dark waters of the Gulf of Maine.

But pleas from Maine lobster fishermen who say a trap ban in fertile fishing grounds off Mount Desert Rock and Outer Schoodic Ridge would cost them millions helped sway an initially resistant council to grant a lobstering exemption.

Fishermen also said closing these areas would have led to more traps, and fishing lines, being dropped in nearby waters traveled by endangered right whales, which can suffer injuries or die if they become entangled in lobster fishing lines.

Opponents, including environmentalists and some who fish for other species that would not get an exemption in the coral zones, have argued it is not fair to give lobstermen “a pass” because their traps damage coral, too, even if not as bad as trawl nets.

Read the full story at the Portland Press Herald

Elver landings rising slowly, but price stays low

April 18, 2017 — A little more than three weeks into the 10-week fishing season, Maine elver dealers have reported buying about 30 percent of the total annual 9,616-pound landings quota allocated to the state’s fishery.

As of 6 p.m. on Sunday, according to figures the Department of Marine Resources described as “extremely preliminary,” dealers had purchased a total of 2,828.908 pounds of elvers and reportedly paid harvesters a total of $4,057,115 — an average price of $1,434 per pound.

That price may be misleading, though. On Patriots Day morning, an elver dealer in Ellsworth was paying $1,150 per pound and advising the fishermen who sell to him to hold on to their eels for a few days in hopes the price would rise.

At this time last year, dealers in the Ellsworth area were offering harvesters $1,300 per pound, with the low price reportedly a reflection of a weak market in Asia.

For the past two seasons, Maine harvesters have landed fewer elvers than allowed under their quota: 5,259 pounds in 2015 and 9,400 pounds last year. In 2015, the average price of elvers was just under $2,172 per pound and, at times, the price has soared above $2,400 per pound.

Read the full story at The Ellsworth American

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

ASMFC Northern Shrimp Section Approves Public Hearing Document on Draft Amendment 3 for Public Comment

March 29, 2017 — The following was released by the Atlantic States Marine Fisheries Commission:

Arlington, Va. — The Atlantic States Marine Fisheries Commission’s Northern Shrimp Section (Section) releases Draft Amendment 3 to the Interstate Fishery Management Plan (FMP) for Northern Shrimp for public consideration and input. The states of Maine, New Hampshire and Massachusetts have scheduled their hearings to gather public comment on the Draft Amendment. The details of those hearings follow.

Maine Department of Marine Resources

Wednesday, June 7, 2017 at 6 PM

Maine Department of Marine Resources

Conference Room #118

32 Blossom Lane

Augusta, Maine

Contact: Terry Stockwell at 207.624.6553 

Thursday, June 8, 2017 at 6 PM

Ellsworth City Hall Conference Room

1 City Hall Plaza

Ellsworth, Maine

Contact: Terry Stockwell at 207.624.6553

New Hampshire Fish and Game

Tuesday, June 6, 2017 at 7 PM

Urban Forestry Center

45 Elwyn Road

Portsmouth, New Hampshire

Contact: Doug Grout at 603.868.1095

Massachusetts Department of Marine Fisheries

Monday, June 5, 2017 at 6 PM

MA DMF Annisquam River Station

30 Emerson Avenue

Gloucester, Massachusetts

Contact: Kelly Whitmore at 978.282.0308

The Section initiated Draft Amendment 3 with the intention of considering a limited entry program to address overcapacity in the fishery. In the 2010 and 2011 fishing seasons, increased fishing effort and untimely reporting resulted in early season closures and an overharvest of the total allowable catch (TAC). The 2012 fishing season was further restricted, resulting in a 21-day trawl season and a 17-day trap season. In the 2013 fishing season, despite the fact that only 55% of the TAC was harvested, the fishing mortality rate (0.53) was estimated above the target (0.38). In December 2013, the Section established a moratorium for the 2014 fishing season due to recruitment failure and a collapsed stock. The moratorium was maintained each year, through 2017, in response to the continued depleted condition of the stock.

Due to the uncertainty about if and when the resource would rebuild and the fishery reopen, the Section shifted the focus of Draft Amendment 3 to consider measures to improve management of the northern shrimp fishery and resource. Proposed options in the Draft Amendment include state-by-state allocations and accountability measures to better manage effort in the fishery. The Draft Amendment also explores the mandatory use of size sorting grate systems to minimize harvest of small (presumably male) shrimp, as well as reporting measures to ensure all harvested shrimp are being reported. 

Fishermen and other interested groups are encouraged to provide input on the Draft Amendment either by attending public hearings or providing written comments. The Draft Amendment can be obtained at http://www.asmfc.org/files/PublicInput/NShrimpDraftAmd3_PublicComment.pdf or via the Commission’s website, www.asmfc.org, under Public Input. Public comment will be accepted until 5:00 PM (EST) on June 21, 2017 and should be forwarded to Max Appelman, FMP Coordinator, 1050 N. Highland St, Suite A-N, Arlington, VA 22201; 703.842.0741 (FAX) or at mappelman@asmfc.org (Subject line: Northern Shrimp). For more information, please contact Max Appelman at mappelman@asmfc.org or 703.842.0740.

Maine’s Most Fertile Scalloping Ground Closed for Season

March 13, 2017 — PERRY, Maine — Fishing regulators are shutting down Maine’s most productive scallop fishing grounds for the season to protect the valuable shellfish.

Cobscook Bay is the most important scalloping area along the Maine cost. Maine marine resources Commissioner Patrick Keliher says it needs to be shut down for the season on Sunday to make sure it stays fertile.

Read the full story from the Associated Press at Maine Public