Augusta Hearing Draws Industry,

DMR Support to Open ‘Grey Zone’

by Sarah Craighead Dedmon

Machiasport fisherman Bobby Ingalls, Rep. Will Tuell (R-E. Machias) and Congressman Jared Golden (D-ME2) posed for a picture at the Fishermen’s Forum in Rockport last month. Tuell has sponsored a bill to open the disputed waters of the grey zone to American fishermen 24-hours a day in September and October, in order to put them on more equal footing with their Canadian counterparts. Maine Department of Marine Resources Commissioner Patrick Keliher testified in support of the legislation. Photo by Sarah Craighead Dedmon.

At a public hearing before the Marine Resources Committee, Maine Department of Marine Resources Commissioner Patrick Keliher testified in support of a bill that could open the contested waters of the gray zone to American fishermen 24-hours a day in September and October.

The “gray zone” is the name given to 200-plus square miles of prime lobster fishing waters between Washington County, Maine and Canada where the matter of jurisdiction has been in question since the 1700s. In his testimony, Keliher said that Canada and the United States have different frameworks for managing their fisheries, which has led to tensions. Canadian fishermen are permitted to fish in the gray zone 24 hours a day for all but a few days each year.

“While [the management frameworks] are each successful when applied in isolation, applying different management measures to the same geographic area has led to conflict,” said Keliher. “This discrepancy has led to gear conflict between the two groups of fishermen, and allegations by Maine fishermen that their Canadian counterparts are hauling Maine gear.”

LD 618, “An Act To Remove Nighttime Restrictions on Lobster Fishing in a Certain Area in the Bay of Fundy,” is sponsored by Rep. Will Tuell (R-E. Machias), who sponsored a similar bill in the 2017-18 legislative session. That bill died in committee. If enacted, the new bill would allow Maine lobstermen to pull traps in the gray zone 24 hours a day between Sept. 1 and Oct. 31. Current law allows all Maine lobstermen to begin working 24 hours effective Nov. 1 through May 31.

“The DMR was very supportive of my gray zone bill,” said Tuell. “They recognize that fishermen were really supportive of it. They’ve been working internally to see how they could make it work.”

In his remarks Keliher requested the legislature put this law in place for September and October 2019, with a provision that the law “sunsets,” or phases out before next year. With legislative authorization, the DMR would then consider moving the new calendar into regulation for future seasons.

Captain Julie Eaton of the Maine Lobstering Union submitted testimony in support of the bill, saying that a significant portion of the MLU’s membership fish in the gray zone, and citing gear conflict between Zone A fishermen and Canadian fishermen.

Maine Lobstermen’s Association Chairman Kristan Porter said the MLA also voted to support LD 618, and Zone A Council Chair John Drouin submitted testimony stating that Zone A’s council voted unanimously in support of the bill.

“We are asking to be on the same playing field as the Canadians, to be able to protect our own gear. Enforcement is very difficult for either country against the opposing country, so just being able to be out on the water working our gear is, most times, enough of a deterrent,” wrote Drouin, who said there is an ongoing problem of trap molestation in the gray zone, “not by other American fishermen, but by Canadian fishermen.”

Opposition

The bill passed committee by a 10-2 vote. Committee member Captain Genevieve McDonald (D-Stonington) said she cast one of the dissenting votes in solidarity with her constituents who would also like to fish 24 hours a day. The bill was not popular at her local Zone C council meeting.

“I have a lot of empathy for the fishermen in the gray zone,” said McDonald. “My issue with the bill is that it allows them to start hauling 24 hours a day, two months before the rest of Maine.”

Fisherman Tad Miller submitted testimony in opposition to the bill, stating his concern that it could increase fishing effort at a time when the fishery is already facing many challenges. Miller suggested that instead of hauling traps in off hours, gray zone fishermen should arrange to have a presence in the water night and day to protect their gear, without hauling traps.

“There are always inequities up and down the coast and, although this one is kind of unique, I don’t think this action will change anything that couldn’t be done by establishing a presence there which [the fishermen] already have the ability to do now,” wrote Miller.

From Canada

Canadian gray zone fisherman Pete Cheney said the stories of cut traplines and international battles are greatly exaggerated. “It’s blown right out of proportion, said Cheney. “You’ve got a whole bunch of professionals there and they’ve got millions of dollars of assets out there on bottom. Nobody wants to get tangled up.”

Even so, Cheney said he supports LD 618 from afar, because he thinks his American counterparts should have the ability to haul traps 24 hours a day, too. Sometimes bad weather keeps the boats home during the day, he said, but Canadian lobstermen can make up for that at night.

“There’s nights here when our harbors are empty, a lot of the best fishing is at night. You’ve got fishermen in the daytime, fishing against that sou’ west wind with the sun in their eyes, not being able to find their gear,” said Cheney. “At night the lights just do a better job at illuminating their ends.”

After a work session was held in committee on March 5, the bill will now proceed to the House and Senate for a vote.