Fishing for elvers lures tribal members

The St. Croix, the Pennamaquan and the Little, the Dennys and the Whiting -- all the rivers Downeast are lined with nets this spring, as elver fishermen are coming down to the banks in the dark of night to harvest a new kind of gold -- more slippery but as small as a nugget, the glass eels that are near the end of their long journey from the Sargasso Sea where they were spawned. With the price now up to $2,200 a pound, and rumors that it might hit $3,000 this year, many are trying their skill or their luck to hit a jackpot.
Most of the fishermen are Passamaquoddy tribal members, as the tribe now has issued tribal elver licenses that total nearly 60% of the 407 elver licenses that the state issues separately under its limited entry cap. Because of the state's concerns about the increase in the number of tribal licenses, which jumped from three last year to 236 this year, the tribe last week agreed to stop issuing any more.
While the tribe has not been able to pursue a casino or racino to help reach economic self-sufficiency or pull itself out of an unemployment rate over 65% on its two reservations, the gambling by tribal fishermen with elver fever may yield some earnings that will benefit not only them but businesses in surrounding communities.
Tribal member Dwayne Tomah, who is among those fishing for elvers, observes, "It's nothing new to our people. We've been fishing for many, many years." While the tribe has tried different avenues to sustain its people, "It always comes back to fishing," he says. "That's why we're grateful to be able to go out to fish -- everything else has failed us." Fishing makes tribal members feel independent and helps build their self-esteem, he notes. "It's a good thing for the people," he says. "We're exercising our sovereignty and being who we are."
Passamaquoddy Chief Clayton Cleaves of Pleasant Point notes that the fishery means that tribal members can buy clothes for their children and food for their families. "Some may make good money and some may not make any money at all," he notes.
Maine Marine Patrol Officer Russell Wright observes that catches can range from two or three pounds a night -- some 5,000 to 7,500 elvers -- to maybe only 20 glass eels for some fishermen. Nearly all of the tribal members with licenses, along with a few other local residents and some fishermen from western parts of the state, are fishing the Downeast rivers, says Wright.
State and tribe reach agreement
The rapid increase in the number of tribal licenses led to a meeting between tribal and state officials last week. Earlier this year, the Passamaquoddy Joint Tribal Council had approved issuing elver licenses for 2012, and the tribal government began issuing them during the first part of March. The council also voted to develop a management plan for the fishery for 2013. No limit was set on the number of licenses, and 217 tribal licenses had been issued as of May 3. Under its limited entry program for the fishery, the state can issue only 407 licenses, with 398 having been issued prior to the beginning of the season on March 22.
Deirdre Gilbert, director of state policy for the Department of Marine Resources (DMR), notes that, under the 1998 Passamaquoddy fishing law, members of the tribe are exempted from state licensing when taking marine resources, but they are subject to the state's marine resource laws and enforcement. When the bill was signed into law, limited entry was in place for both lobster and sea urchin fisheries in the state, and 24 licenses for each fishery were allotted to the tribe. The state's elver fishery, though, did not have a limited entry system at that time, and no action was taken since then to place a cap on the number of tribal licenses that could be issued. Last year only three elver licenses had been issued by the tribe, so "it hadn't come across our radar screen," says Gilbert. "We had no advance notice there would be a large number of new licenses."
On May 4 Marine Resources Commissioner Patrick Keliher met in Bangor to discuss the issue with Chief Cleaves and tribal councillor Fred Moore III of Pleasant Point, and Chief Joseph Socobasin, Lt. Gov. Clayton Sockabasin and former Chief John Stevens, all of Indian Township. Keliher related the DMR's concerns about a bill that Rep. Dianne Tilton had sponsored that would have increased the number of state licenses to 600 and the amount of gear that fishermen could use. The DMR feared that proposed increase in effort would place Maine out of compliance with the Atlantic States Marine Fisheries Commission's management plan for American eels, since the proposed increase in the number of fyke nets could nearly quadruple the amount of gear. The bill, then, would likely result in the closure of the entire elver fishery. Also, the state has been trying to avoid having a large increase in effort because it might influence the U.S. Fish and Wildlife Service's decision on a petition seeking to list the American eel as a threatened species under the Endangered Species Act (ESA). Tilton's bill ended up being amended, with the provisions that would have increased the fishing effort dropped and increases in the fines for violations added in.
Gilbert notes that the DMR was not saying that the increase in the tribal fishing effort could lead to an ESA listing, but "we're trying to keep the fishery at the status quo."
Cleaves says, "We're concerned about overfishing as well." However, he says the tribal officials challenged the assertion that elvers are overfished, since harvesting is only allowed from the latter part of March through May. More elvers are going up the rivers in June, he says. Gilbert, though, says that in some years the elver run has ended before the season ends in May.
At the meeting, the tribal officials agreed not to issue any more licenses, beyond a number on a waiting list. The total number being issued this year for Pleasant Point and Indian Township tribal members will be 236.
While the Passamaquoddy did not have any limit on the number of licenses, both the Penobscot Nation and the Houlton Band of Micmacs can each issue only eight licenses.
The tribe will be developing a fishery management plan for next year, and the DMR and tribal officials discussed meeting this summer to look at the tribe's plans for all of the state's limited entry fisheries. Cleaves notes that tribal fishery regulations are in alignment with state regulations for conservation, although the tribe's licensing is separate from the state's licensing.

Teaching their children
Tribal member Donnell Dana has been fishing for elvers this spring in the Pennamaquan, the Little River and the St. Croix, although he notes that can be more dangerous near the ledges. He has traveled as far as Thomaston looking for where to set his nets, but he notes that fishermen "are territorial."
Dana observes that many of the tribal members who are getting elver licenses are not commercial fishermen and may not understand all of the regulations. "I've been trying to tell them, so they won't get into trouble." For instance, he notes that the fyke nets need a vent to keep out any bycatch. He adds that Russell Wright of the Marine Patrol has been working with the tribal members so that they won't be in violation of the laws. "I tell our younger people to respect the Marine Patrol. They're here to protect your gear and not here to fine you," although Dwayne Tomah adds that an officer will issue a summons if necessary.
Wright says he has issued a few summonses for violations such as standing in the water when dipping or fishing without a license. He says some violations are caused by the need for training for some tribal members who have not fished before. Wright notes that he's been pretty lenient and tries to teach them about the state regulations.
Dana hasn't heard of any resentment from non-Natives about the number of licenses being issued to tribal members and says there have not been any confrontations. "Everybody's happy, and they're making money." Tomah adds that the fishery is having a spin-off effect in local communities, with businesses benefiting from the money being generated. Many of the tribal members have been selling to Gulf of Maine in Pembroke, and having a local buyer has been a significant benefit for the fishermen.
Although Dana has not encountered any poaching, he says, "It's coming," adding that they have to police their fyke nets, since the price is so high, and they try to look out for everyone's nets along the river. Wright also says there hasn't been any trouble along the river banks.
As for concerns about the elver population becoming depleted, Tomah points out that only Maine and South Carolina allow the fishery. He believes that some 200 tribal licenses "is a minute issue as far as depleting the resources, if you look at it from a wide perspective."
"The eels are really plentiful this year," Dana notes. With a supermoon on May 6, he predicted at the start of the week that the high-running tides would yield a good run. More fishermen can suddenly show up, though, and the river banks "can be like New York City."
Dana points out there's a great deal for fishermen to learn about the fishery and the techniques so that their nets will catch elvers. He learned the skills from an elver fisherman in the western part of the state and is now "passing them onto my people." Both Dana and Tomah have two children who are fishing, and Dana comments, "It's nice to have the opportunity to share my knowledge with the younger generation." Tomah adds, "Whatever I'm learning I'm teaching my children, so the cycle continues." Dana observes that it's "a way to guarantee through the generations" that tribal members are able to be self-sufficient. "We're teaching the kids so they'll know how to survive in hard times."