This is an interesting set up as Maine fights ASMFC on Lobster Regs...

Roccus7

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Not that many, if any of you, really care about Maine Lobstering, but this was an outright revolution against an ASMFC edict and Maine DMR gave into the will of the people. It is not a done deal yet, as ASMFC may try flexing its muscles, but this will make for interesting future viewing. Stay tuned...

Maine regulator clashes with lobstermen at turbulent meeting, withdraws catch size rules

Lobster harvesters and dealers said the proposed change would have eliminated the most lucrative segment of their catch.

Regulators have withdrawn a proposal to increase the minimum size requirements for lobsters caught in Maine, a move praised by harvesters who said the change would give Canadian competitors an unfair advantage.


The change was announced by the Maine Department of Marine Resources at a hearing Thursday night, after a fiery argument between the commissioner and lobstermen in attendance. The department also pledged to consult lobstermen about any future conservation proposals for the fishery, U.S. Rep. Jared Golden, D-2nd District, said in a statement praising the decision.

“I have always said that Maine’s lobstermen are the best, most informed conservationists for this precious and storied fishery,” Golden said in a statement. “Lobstermen have been saying for months that the proposed gauge increase was not only a risk to their livelihoods and their communities but an unnecessary overreaction to questionable stock data. I’m proud of them for going to the mat for their industry, and glad their voices have been heard and that DMR has pledged to give the lobstermen a seat at the table in determining what conservation efforts, if any, are needed to protect their fishery.”

The one-sixteenth of an inch increase was designed to help boost the dwindling stock of lobsters in the Gulf of Maine. But lobster harvesters and dealers have said it could eliminate the most lucrative segment of their catch and give Canadian competitors an unfair advantage.

Data from the Atlantic States Marine Fisheries Commission indicated last year that lobster stock had declined by more than 35% in the largest management area in the Maine fishery. The Department of Marine Resources’ proposed gauge increase was twice as large as the last increase 30 years ago.

After that proposal was released, Golden implored regulators to delay the implementation, giving the board and fishermen more time to collect more accurate and comprehensive data and study the economic impact of the change. The rules had been set to go into effect on Jan. 1, but were delayed until July.

During a public hearing held Thursday as part of the rulemaking process, Patrick Keliher, commissioner of the Department of Marine Resources, got into a heated exchange with lobstermen who had packed the room. A video of the meeting shows Keliher talking about how the future of the industry is at stake and people in the audience starting to talk over him before Keliher asks the crowd to listen to him.

“We don’t have to listen to you,” one man shouted. “You sold out to NOAA and Canada.”

Keliher cursed at the man in response, drawing more shouts and protests from the crowd. One person accused Keliher of being a sellout, other people also used profanity, while some said everyone should walk out of the meeting.

“I am pulling the regulation as of right now. … The fact of the matter is there is a risk associated with pulling this rule. If you guys are OK with accepting and understanding what that risk is, I am going to fight back at the (Atlantic States Marine Fisheries Commission),” Keliher said.

In an email to the Press Herald, the commissioner apologized “to anyone I offended,” pledged to rebuild trust and said his commitment to supporting and protecting the Maine lobster industry “got the best of me as I faced what I felt were unfair criticisms about my motives.”

Without the stricter size rules in place this summer, Maine will be out of compliance with the regional fishery commission’s lobster management plan. State regulators will have to come up with different rules to “achieve conservation benefits that are equivalent to those intended by this regulation,” the Department of Marine Resources said in an emailed statement Friday afternoon. Lobstermen will be involved in that process.

The fisheries commission allows states to take actions that differ from regulations, so long as they “achieve the same quantified level of conservation,” according to its charter. But determining whether alternative rules are truly equivalent is up to the relevant management board.

States must submit proposals for any equivalent standards they seek to implement, and they must prove that they can enforce those guidelines.

Keliher said Gov. Janet Mills approved his decision to withdraw the rule.

The multistate fishery commission was informed about the move Friday morning, according to spokesperson Tina Berger.

She said the next steps will likely be determined when the commission’s American Lobster board, which Keliher chairs, meets next month. It’s not clear whether he would need to recuse himself from discussions.

The board can order a state to come into compliance by a certain date. If a state fails to do so, the board can escalate its concerns to the U.S. Department of Commerce, which can set a new deadline or, possibly “close fishing for that species in that state’s waters,” Berger said.

“We’re not there yet. There’s a lot that can happen between now and July 1,” Berger said.

Berger said it was unusual for a member state to announce its intention to not to follow new regulations before they take effect. “It’s usually after the fact,” she said.

After Thursday’s meeting, representatives of the lobster industry in Maine praised the withdrawal.

Dustin Delano, a former lobsterman and chief operating officer of the New England Fisherman’s Stewardship Association, said, “Maine lobstermen prevailed tonight as they pushed back against the increase to the minimum lobster gauge size in Lobster Management Area 1.”

Virginia Olsen, lobsterman and director of the Maine Lobstering Union, said in a statement that “our members are very happy that the lobster gauge increase has been shelved.”
 
So all you need to do to reverse a regulatory decision is fill the room and curse the people on the board!

Lobstermen know what lies ahead and it's not good. That fishery has been in steady decline...........
 
ASMFC is an illegal unconstitutional group that is destroying our fisheries one at a time so striped bass can take over our fisheries.
 
So all you need to do to reverse a regulatory decision is fill the room and curse the people on the board!
It's been done before, NY (Fluke) and MD (Striped Bass) come to mind, but the courts have upheld ASMFC's stance. I think that there's another war brewing in the Gulf of MEXICO too so stay tuned...

ASMFC is an illegal unconstitutional group that is destroying our fisheries one at a time so striped bass can take over our fisheries.
Oh, that's one been through the courts too, and although "Constitutional Defects" were found, their management plans have been upheld.

From an environmentally minded Lawyer's blog:

... legal challenge to the constitutionality of the regional fishery management councils.

We’ve seen such challenges before, one originating in Mississippi and one in New Jersey, with both resulting in findings that some aspects of the regional fishery management councils and the process used to appoint council members was unconstitutional, but neither having a material impact on the councils or the federal fisheries management process.

Despite the constitutional defects cited by the courts, neither lawsuit provided the plaintiffs the relief they were seeking, which involved invalidating one or more aspects of federal fishery management plans.



So what can Maine expect? I think their Trump card, double entendre intended, will be the Secretary of Commerce. ASMFC is under the auspices of the Department of Commerce, so the new Secretary could side with Maine...
 
so can managers that sit at computer and think they know everything.If theses managers know so much where are bluefish, weakfish ,winter flounder and whiting? seems none of there plans are doing much to bring these fish back.
 
Managers have an out. They'll always use "Best available data" as a justification for their actions when historically they are the absolute worst when it comes to data collection.

Garbage in=Garbage out
 
so are maine lobstermen wrong?
Damned if I can say. Depends on what you're talking about.

  • Is their business loss correct? Absolutely, but I think the amount of loss is a bit inflated, especially since we've been on a downturn.. Therefore one must assume that the yearly catch in lbs will be down this coming year due to this downward trend even if there was no change to the minimum size.

  • Are they correct in taking on ASMFC? This is a tough one, and impossible to answer without considering the following scenarios. It may be a "Pay me now, or pay me later" situation...
    • If they are allowed to do their thing, and the current size limit would support maintaining the current population levels, then they were correct. If the population plummets, then they've cut their noses off to spite their face.

    • if ASMFC contests things and the Secretary of Commerce intervenes, there could be hell to pay and maybe NOAA would directly intervene. NOAA remedies are usually more conservative than ASMFC as NOAA tends to be more blind to business situations than ASMFC.
 
ASMFC is an illegal unconstitutional group that is destroying our fisheries one at a time so striped bass can take over our fisheries.
I agree with the premise that they have been a failure, but it sure isn't because of striped bass.
 
On another note regarding lobsters. It sure looks like it was spraying that caused the collapse. I had no clue that this transpired.

In 1999, approximately 90% of the lobsters in Long Island Sound died, devastating the local lobster industry. Lobstermen from Connecticut and New York attributed this die-off to pesticides, particularly malathion, used in mosquito control efforts to combat the West Nile virus. They alleged that the pesticides, applied near waterfront areas, contaminated the Sound and led to the mass lobster mortality.

In response, the lobstermen filed a class-action lawsuit against Cheminova Inc., the manufacturer of the pesticides. They claimed that Cheminova failed to include necessary Environmental Protection Agency (EPA) warnings on their product labels, specifically the caution against applying the product near water bodies where shellfish are commercially harvested.

In April 2006, a preliminary settlement of $12.5 million was reached between the lobstermen and Cheminova. This settlement aimed to compensate the affected lobstermen for their significant economic losses. The funds were to be distributed among approximately 1,100 commercially licensed lobstermen who fished in the Sound in 1999, with individual compensation based on the proportion of their income derived from lobstering.

Norwalk Hour

It's important to note that while the settlement provided financial relief, Cheminova did not admit liability for the lobster die-off. The exact cause of the die-off remains a topic of discussion, with factors such as water temperature changes, parasites, and other environmental stressors also considered as potential contributors.

UPI

As of recent reports, the lobster population in Long Island Sound has not shown significant signs of recovery, and the industry continues to face challenges.

I met a guy the other night that lead the suit and he told me that they were first promised 100-million and by the time they settled and everything was paid they got a measly 50k apiece.
 
not long island sound whole northeast coast fisheries have collapsed since we have made striped bass stocks explode
Don't sweat, the pipeline for baby bass is imploding, so there goes the overall bass population.

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However, it is inconceivable that striped bass in Maine are anything more than a rounding error of the lobster reduction considering:

2023 Striped Bass Recreational Landings in New York: 2,600,000 fish
2023 Striped bass Recreational Landings in Maine: 63,000 fish

Do you have ANY data that you use to formulate your hypotheses?
 
Oh, stop. Good to see a few sources.
That would imply that I hadn't seen the event on multiple video outlets here, they all showed it, including Fox, and I hadn't vetted the printed article against the videos.

I know that's unusually anal behavior, especially around here, but that's how old scientists work...
 
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