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Enforcement, fishermen said, would be difficult since the specific gravities of sink rope and float rope are very similar. The new sink rope is not sold, some said, with its specific gravity printed on it. Therefore, since the marine patrol will be using specific gravity as the defining factor for enforcement, how will they determine which a fisherman is using? Fishermen also pointed out that with air typically in the sink rope it will ride higher in the water, mimicking float rope. National Marine Fisheries Service representative, Sue Wilson and Special Agent Tod Nickerson were there to answer questions about enforcement. In response to a question from David Cousins about the complicated process by which specific gravity is determined and the miniscule tolerance window of .2, Nickerson responded, “It’s either float rope or sink rope.” Cousins replied, “We are being judged according to a rope’s specific gravity, but rope is not sold by specific gravity.” Nickerson responded, “There is some leeway.” A Maine marine patrol representative added, “We will be applying common sense. If you have made an honest attempt to mark your line, you’re all set.”
A Massachusetts fisherman said the sink rope he’s used chafes easily and he has been plagued by partings. The neutral buoyancy line produces one problem after another, it just does not last. He said the Feds and other organizations that are behind this regulation should come up with the money to find the changes they want. Patrice McCarron said, “If the new rope were labeled ‘sink,’ rather than with its specific gravity it would make more sense. We want specifications that fishermen can use to buy rope as informed decisions.” Another fisherman, Richard Nelson of Friendship offered, “ Maybe we are going in the wrong direction with this, as we did with trap limits. All these traps using rope inadequate for the task could result in large numbers of ghost gear in the water.” In addressing enforcement, Nickerson said that enforcing this law was the “same as in other regulations, from a law enforcement point of view…there are no changes to how the procedures will be handled as a result of this new regulation.” There is a joint enforcement agreement. In addition to NMFS, there will be state enforcement through Marine Patrol, and Coast Guard participation as well. The maximum fine is $13,000 per count per day. This particular penalty, the NMFS representatives said, would be the extreme. They speculated that $2,500 - $5,000 might be a probable financial penalty range. Civil charges could include permit suspension, but again, Nickerson described this as an extreme case. He said, “A warning to $2,500 may be typical penalties” for a violation. At least one rope manufacturer and many fishermen found this problematic. They said that they need to know what is allowed and what is not, that the decision to arrest, fine, and possibly pull a permit, should not be arbitrary. Many fishermen do not see the rope differences, or practically anything else about the rule, as being so easily defined. Neither float rope nor sink rope addresses the more complex reality of lobster fishing in Maine. Rocky bottom, strong tides, the hauler’s impact on rope, spinning trawl lines unbraiding, and weak neutrally buoyant rope are some of those realities. The credibility of an exemption line so close to shore is another of the issues nearly all fishermen are saying were not adequately addressed before the final whale rule was passed.
One manufacturer at the meeting said it was wrong to make the fishermen responsible for rope performance. It was suggested that manufactures, to come up with a solution, would need to field test ropes in the range of different fishing conditions along the coast. The product would also need to be close in cost to what is now being used. He cited the fact that braided rope, a complex, technically demanding rope, takes 16 times as long to make as the three strand rope now commonly in use. Colonel Joe Fessenden of the Marine Patrol said, “The Maine Marine Patrol was seeking compliance. It is a divisive issue,” he said.” he hoped that by the deadline in October 2008, the problems will have been worked out because this is not going to be easy to enforce.” |
