Scallop law moves limited entry date

Legislation to amend Maine's scallop laws was enacted after the limited entry part of the bill was changed so that fishermen who have not had a scallop license for the past three years will be able to obtain one in the future if they get one before May 1. The new law also includes a sunset provision on the limited entry measure.

To obtain a license in 2009, the bill originally had required that one would need to have held a license between 2005 and April 15, 2007. The control date then was moved to March 3, 2008, and then amended again to May 1. Will Hopkins, director of the Cobscook Bay Resource Center in Eastport, credits Senator Kevin Raye of Perry with being concerned that no one who is currently fishing should be shut out of the scallop fishery, and Senator Dennis Damon of Trenton proposed the compromise with the later date.

Under the law, the limited entry provision will be repealed in 2012, and Hopkins says the Department of Marine Resources (DMR) agreed to have the sunset measure put back in the bill, after it had been removed, following meetings with the Cobscook Bay Fishermen's Association. "It's a chance to check in four years to see if limited entry is still required," he notes. "We hope that changes have occurred so it's not required."

While the limited entry measure had upset fishermen in the Cobscook Bay area, Hopkins notes that the measure does recognize the dire status of the fishery and requires the DMR and the Scallop Advisory Council to develop a strategic plan for the fishery. "I suspect in the long term that is the more important action than the short-term action of limited entry," he observes. He points out that the section requiring the development of a plan was added because the Cobscook Bay Fishermen's Association, the Maine Seafood Alliance and the Community Fisheries Action Roundtable had requested other management measures.

However, he cautions, "It remains to be seen how effective the Scallop Advisory Council actually will be," noting that in the past it has only met infrequently, usually in Hallowell, with very limited notification of meetings. "My understanding is that the DMR intends to have the council meet more often and in more areas of the state, including Washington County." They are also developing an e-mail notification list for meetings. "If they meet here, there's a chance for local fishermen to participate in rebuilding the scallop fishery."

Hopkins adds, "I hope that the DMR and the advisory council make every good effort to allow as many people as possible to be included in developing this comprehensive plan."

Along with the limited entry provision and the requirement for a report on a strategic plan by next January, the bill requires that a person holding a scallop dragging license be on the boat when it is dragging for scallops, except in limited circumstances; directs the commissioner of marine resources to establish by a rule a minimum ring size of no less than 4"; and increases the penalties for violations of Maine's scallop laws. The mandatory fine for a first offense will be $500, for a second offense $750 and for each subsequent offense $750, along with a possible one-year license suspension. A similar measure was enacted for Cobscook Bay, under LD 1980, which also was signed into law. In addition, that measure applies the mandatory penalties for violations of the scallop fishing laws in Cobscook Bay and requires license suspension, for one to three years, following three or more convictions for scallop law violations.