The way Dennis Damon sees it, the real story about a season’s lawmaking is the bills that don’t make it out of committee. Senator Damon (D-Swan’s Island) is co-chair of the legislature’s Joint Standing Committee on Marine Resources.
In this session more than 3,000 proposed bills never made it.
Another story, says Damon, is that while the Marine Resources Committee generally works through a smaller number of bills than most of the other legislative committees, emotions can run high because “these bills invariably affect someone’s ability to earn a living or how someone has done something for a long time.” Damon, who grew up in a fishing family, knows these problems firsthand.
An example of both points during the recent session was the single bill presented by Rep. Harold “Ian” Emery (R-Cutler), a member of the Marine Resources Committee. Emery is also a sea urchin diver, and has seen the urchin season go from unlimited days to 94 days in 1993-4 to 45 days 1994-5 in his zone, Zone 2, which covers the eastern half of the coast.
The proposed bill was not a good idea on several counts, said Damon. First, by setting the season days in law, the bill would take away the right of the Commissioner of Marine Resources, in consultation with the Sea Urchin Zone Council, to regulate sea urchins.
Secondly, said Damon, “the bill went in the face of all the information we have learned about the fishery: data shows the precipitous drop in landings from a high of 42 in the 1993 season to less than 3.7 million pounds (preliminary figures) in 2004-5. Harvesters and scientists follow this fishery closely and make recommendations to length of season.”
When Emery tenaciously championed his bill, Republicans gathered behind him and the issue became “very contentious and very politicized,” said Damon. “I was threatened by Republicans that if I had this bill killed, they would have the working waterfront bond killed.”
Eventually the bill died between the House and the Senate.
Another bill, LD 1603, which Damon did support, also died between houses. The bill, which had been presented in a previous session, guaranteed standards for harbormasters, but was opposed by the Maine Municipal Association. Damon explained his support, pointing out that under the federal Homeland Security Act, harbormasters or the Marine Patrol are first responders until the Coast Guard can take over.
“We wouldn’t send out police officers without proper training,” he said.
Besides the usual covey of bills classified as “housekeeping,” a number affected Maine’s fisheries and coast.
LD 602 is the DMR management plan for the sea cucumber fishery. When sea cucumber harvesting took off in the late 1990s, the fishery was covered by the Emerging Fisheries Act, which allowed regulation for two three-year terms. This period permitted DMR to study the fishery, which is easily over harvested, and develop a plan to manage it.
The bill creates a limited sea cucumber industry that recognizes currently licensed fishermen. About eight fishermen meet its criteria.
Fees will fund a Sea Cucumber Management Fund that will pay for research and management of the fishery. The commissioner has authority to adopt rules to promote conservation and propagation of sea cucumbers, including the establishment of management zones. The bill provides for a protocol for license holders to change management areas and includes the ability to set up a limited entry system for harvesters.
LD 1619 is the product of a large task force on aquaculture involving DMR and the Maine Aquaculture Association. Requirements for aquaculture leases now include criteria for noise, visual impact, and lighting.
These rules, which went through a full public hearing process, were supported by the Maine Coast Heritage Trust and the Friends of Acadia.
Several bills dealt with lobster fishing. LD 1510 continues a provision due to expire on December 31, 2005, that limits a new license holder to 300 traps the first year and 100 a year increase after that to the limit of 800 traps.
LD 434 clarified the DMR Commissioner’s authority to enforce laws. Deputy Commissioner David Etnier said that some people “were getting creative around Maine’s lobster license laws.” Non-Maine residents with federal lobster permits, for example, would base their boats at certain convenient locations and steam out to federal waters. DMR felt this wasn’t fair to Maine fishermen who abided by Maine’s zones and trap limits, and that the practice could expand as displaced fishermen from other states move to Maine.
LD 739 reauthorizes funding for the Lobster Promotion Council. A surcharge on lobster licenses covers the funding.
LD 691, a DMR bill sponsored by Damon, gives the DMR Commissioner the means to deal with hide products as alternative bait. Hide bait, Damon said, is potentially a health and marketing issue.
Besides the traditional herring or red fish bait, other baits have been appearing, especially as prices rise for traditional baits. One, called “Uncle Henry bait” because it is often sold that magazine’s pages, consists of animal renderings sold by the bucketful. More sophisticated shore bait is also available.
Some lobstermen like to use hide bait in winter because it reportedly lasts longer at time when weather can keep lobstermen from tending the traps as frequently as they would like.
This bill address the potential impact on lobster and human health, but it is the marketing issue that concerned most lobstermen. They had heard reports that hair from hides or hides pieces themselves were showing up in lobster meat.
Lobstermen were so concerned about potential marketing problems that their bill, LD 527, passed — actually just its amendment — as an emergency measure prohibiting the use of wild and domestic animal offal, and hides with hair, beginning Jan. 1, 2006.
Other emergency bills this year include the following:
LD 576 reestablishes the prohibition of dragging on the Taunton River Area. Other fisheries such as lobstering and worming are not affected. The bill extends the prohibition on dragging so that a science-based comprehensive resource management plan can be developed and submitted to the Marine Resources Committee by January 12, 2007.
LD 595 puts Burnt Island and Burnt Island Light in Boothbay Harbor under the authority of the Commissioner of Marine Resources for protection, preservation, and implementation of the DMR’s educational and recreational programs there. Previously, while DMR owned Burnt Island, it had no way of controlling behavior there.