Letter to Dr. Bill Hogarth, Assistant Administrator for Fisheries, NOAA

Letter

Letter to Dr. Bill Hogarth, Assistant Administrator for Fisheries, NOAA

Governor Requests Feds to Reconsider Restrictions Impacting Maine Lobstermen

Governor John E. Baldacci today sent a letter to Dr. William Hogarth, Director of Fisheries at the National Marine Fisheries Service, National Oceanic and Atmospheric Administration (NOAA Fisheries). The letter responds to a recent decision by the federal office that establishes a Dynamic Area Management (DAM) zone in the area of many Washington County fisheries. The impact of the federal decision would be to force lobstermen to use sinking ground line to protect large whales in the area.

The federal government said that this DAM zone establishment is the result of an aerial survey showing right whales in the area.

The text of the letter from the Governor follows.

15 October 2007

Dr. Bill Hogarth, Assistant Administrator for Fisheries
NOAA
1315 East-West Highway
Room 14555
Silver Spring, MD 20910

Dear Dr. Hogarth:

I am writing to ask for your urgent attention and action regarding the recently announced Dynamic Area Management (DAM) restrictions in eastern Maine. My office has taken many calls today from lobstermen in the affected area, and along Maine's coast, asking for my help with this critical issue. This letter follows my phone conversation with your office of earlier this afternoon.

NOAA's National Marine Fisheries Service (NMFS) has established a Dynamic Area Management (DAM) zone effective for 15 days from Oct 20-Nov 3, in an area southeast of Machias, Maine totaling approximately 841 square nautical miles. This DAM zone completely encompasses Jonesport, Beals and surrounding Washington County fishing communities and is triggered by an aerial survey sighting 3 right whales in the proximity. Under a DAM zone, all fishing gear must be rigged with neutrally buoyant or sinking rope on all groundline with a maximum of 1/3 float rope on the main trap.

Maine lobstermen have expressed strong concern about the imposition of the DAM because (1) they haven't seen whales close to shore, (2) sinking groundline hasn't been shown to work in rocky bottom, (3) fishermen will not have time to comply which will turn them into violators of the law, something they would abhor, and (4) the sinking groundline isn't available to comply with this DAM restriction.

I ask that you consider the following issues regarding this critical situation for Maine's downeast lobstermen.

1. Conduct a flyover as soon as weather permits to confirm the presence or absence of whales from the area in question.

2. Recognize that lobstermen are unable to comply with this rule because of the difficulty of bringing gear home and the lack of availability of sinking groundline and the time that would be needed to switch gear over during the busiest time of the lobstering season.

3) Begin immediate consultations with the Canadian government to address fishing gear in areas of whale concentration in Canadian waters. This is particularly important because the whale sightings in the DAM are very close to the US / Canada line.

My office and the Department of Marine Resources are available to engage with your office on all of these issues to ensure that together we protect whales and Maine's lobstering families.

Sincerely,

John Elias Baldacci
Governor

Cc: Commissioner George Lapointe, Department of Marine Resources

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