Terry Stockwell said this week that the DMR maintains its position that an October 2008 implementation date is unworkable. The DMR is also seeking to set up a peer review of the MLA data. “Hearsay is not going to get us far, we need an objective look,” said Stockwell, who added, “We have been fighting bad data with no data.” The exemption line in NMFS’ proposed rule was based on information now believed to be outdated, Stockwell said. New information on factors affecting whale activities and distribution, Stockwell said, could provide a more accurate reading. “Until now,” Stockwell added, “many fishermen have not been paying serious attention to the issue. This issue comes on top of a bad fishing year.” Fishermen in Ellsworth agreed that implementation in one year is unrealistic, and that more science is needed to prove that the line should be moved out. The industry would have to pay for the additional research. An equal share, it was suggested, might be to raise the cost of trap tags by, say, 10 cents each, with the money going to a dedicated fund. The surcharge would add up to an extra $88 for those fishermen with a full complement of traps. Cousens said there’s been discussion of making that an extra 20 cents per tag. There’s also discussion of writing a sunset clause into any provision for an extra fee. The exemption line in the rule is the one proposed by the DMR two years ago and, at the time, it was endorsed by the industry. However, said McCarron, since then, additional research has shown there is a much wider swath along the coast largely unvisited by any of the three endangered species. “Ultimately,” said McCarron, “I think everyone would like to see the exemption line moved out.” Fishermen within the boundary would be exempted from the sinking rope requirement. Those in state waters outside the boundary, and in federal waters beyond three miles, would be required to change their line. Pertinent research underway at the moment include whale foraging activity, whale tagging, and bottom current surveys. There is also a study of the usefulness of shortening up groundline. More than 100 fishermen have been testing low-profile groundline prototypes with little success, said Cousens. One rope lasted all of 14 hours before it parted from chafing, said one fisherman. The viability of various low-profile ropes in various stages of development and testing has also been problematic, Stockwell agreed. Most such ropes have been junk, he said. Recently developed, however, is one rope that seems to be working, he said. It floats three feet off the bottom. There are 12 fishermen testing it right now. Also in development are coatings to resist abrasion. The larger concern, said Stockwell, is the extent of action in and beyond Maine that affects the issue. “Some fishermen, who are aware of the scale of the lobster industry in Maine, are not as aware of the scale of actions outside the state that can impact Maine,” Stockwell said. “The environmentalists are not going to give. Some fishermen don’t recognize this issue as the big deal that it is.” Opponents Well Funded Environmentalists who want the whales protected are well-funded and determined, Stockwell added. They also have a lot of public support. What the public should realize, Stockwell said, is that fishermen are among the many who don’t want to see whales entangled. But Maine fishermen need float rope to fish the rocky bottom here, Stockwell said. “We are trying to be proactive to protect the fishermen and the whales,” he said.“We are not going to able to duck out from our responsibilities.
“If this is a publicly supported issue, then the full cost should not be born by the fishermen,” he said. “Public money should be used to support the effort.” The costs to fishermen will be enormous, the state and industry agree. Economic impacts will be far greater than anticipated, given average earnings, said McCarron. Maine lobstermen today use more than 200 million feet of poly float line. Replacing this line will conservatively cost the individual lobstermen about $12,000 per boat, or $15-20 million for the industry, although individual lobstermen have estimated their cost will be in the $30,000 to $40,000 range. Sink line is not only more expensive, it also needs to be replaced more frequently, results in significant trap loss, and poses an extreme safety risk to lobstermen. Sink line is unworkable for the majority of Maine lobstermen who fish in rocky-bottom areas. Even if a viable low-profile rope is developed, “The rope companies can’t manufacture rope fast enough to cover what we need, and we can’t afford to do it,” said Carter. According to the MLA, a one-size-fits-all, broad-based management approach is unnecessary. “This approach does not take into account the high levels of variability that exist along the coast,” MLA documents say. “For instance, while right whales are present in large number in both Cape Cod Bay and the Bay of Fundy, less than 10 right whales have been sighted in Maine state waters over the past 35 years where over 80 percent of Maine’s lobstermen work. Additionally, fishing conditions vary considerably from soft sand bottoms in Cape Cod Bay to severely rough rocky bottom in Maine. Gear modifications that work in soft bottom areas are often not workable in rough rocky bottom areas.” But the industry must be proactive in developing measures to ensure large whales are not caught in their gear, said McCarron. Any industry response would likely have a mix of approaches, she said, that might include shortening groundlines, certain area or seasonal bans on fishing due to the short-term or “hot spot” presence of whales, and specific low-pro rope fishing areas.“In the spirit of being constructive, we can’t just say no,” said McCarron. “Whatever we bring forward has to be credible, has to be defensible, and it has to protect whales.” MLA is considering going to court on the groundline requirement. But legal action will be expensive and the outcome is uncertain, McCarron stressed. MLA estimates a full-blown lawsuit against NMFS could amount to $500,000 or more.“If we go to court and we lose, have we sealed our fate?” asked one fisherman. “We very well may,” said McCarron. “Or it could be worse,” said Cousens. “The only way we’re going to solve this is we’ve got to fight fire with fire,” said Kristan Porter of Cutler. “We’re going to lose a bunch of gear,” said Darrell Beal of Beals Island. “We need to raise money to fight this.” Even $500,000 isn’t going to be enough, said Stanley “Cappy” Sargent of Milbridge. “NMFS can chew it up,” he said. “It’s a long, long road.” Legal fees incurred to date are about $70,000, $15,000 more than MLA’s Legal Defense Fund has been able to raise. The fund allowed MLA to intervene in the lawsuit brought by the Humane Society of America and The Oceans Conservancy against NMFS for failing to release the final rule in 2006. And they sent financial support to the Massachusetts Lobstermen’s Association in defense of a lobsterman being sued because his gear was found on an entangled whale. Time To Pony Up But only 145 of Maine’s lobstermen contributed to the fund, and 35 businesses contributed. It will be up to fishermen to pony up for research and legal action, McCarron said. “If that’s what the industry wants, it’s got to come from you,” said McCarron. One man suggested the industry should consider not complying with the rule. But Cousens said that approach doesn’t work for many. “There are a lot of people here who don’t want to be breaking the law,” he said. “What we’re trying to do is get you an option so you’re not breaking the law.” “When is it going to end? It’s never going to end,” said Jason Gordius of Bass Harbor. “It’s going to end when whales stop having rope on them,” said the Gulf of Maine Lobster Foundation’s Laura Ludwig. “It’s an endangered species,” McCarron said of right whales. “So no matter what we do, it’s not going to go away.” The Atlantic Large Whale Take Reduction Plan Final Environmental Impact Statement is available at www.nero.noaa.gov/nero/hotnews/whalesfr. Mike Crowe contributed to this report. |
