Maine lobstermen boiling over N.H. trap hike plan

WASHINGTON – The prospect of New Hampshire lobstermen landing a federal waiver that would allow them to use more lobster traps than neighboring states has Maine and Massachusetts lobstermen crying foul.

Under a rule proposed by the National Marine Fisheries Service in early January, New Hampshire lobstermen holding full commercial permits would be allowed to fish with a total of 1,200 traps in state and federal waters.

That’s 50 percent more than the 800-trap limit on fishermen in the largest lobster-producing states of Maine and Massachusetts.

“We think it stinks,” said Maine Lobstermen’s Association Executive Director Patrice Farrey, who believes the rule change would unfairly favor New Hampshire.

After years of grueling negotiations to establish a federal conservation plan among lobster-fishing states from Maine to North Carolina, the idea of handing New Hampshire lobstermen a bigger trap limit would be nothing short of a “coup,” she added.

“Everybody was on the same page with this,” Farrey said. “The good will behind it could go all wrong.”

Bill Adler, executive director of the Massachusetts Lobsterman’s Association, agrees. “Everybody has now settled into the 800 level – some kicking and screaming,” he said. “If they can do it, why can’t we do it? This gets the ball rolling, and could end up unraveling something that took a lot of work to get into place.”

New Hampshire, on the other hand, claims the rule change is intended to treat its own lobstermen more fairly and would result in the state using fewer traps because of the state’s unique two-tier commercial licensing system.

Under the suggested revision, full-time commercial lobstermen from New Hampshire could set 1,200 traps while those with limited licenses could use up to 600 traps. Of the 1,200 traps, 400 would be restricted to New Hampshire state waters and the remaining 800 to federal waters, which begin 3 miles offshore and continue for a total of 200 miles.

On paper, the suggestion makes sense, said John Nelson, director of New Hampshire Marine Fisheries, because the state has less than 30 full-time commercial lobstermen. Another 250 or so limited-license holders would be capped at 600 traps, he said.

“We actually came out with 700 traps on the average that could be fished overall,” he said.

But lawmakers and lobstermen from Maine and Massachusetts protest that the move would violate a federal law that requires environmental regulations to treat all states equally.

“When you’re in federal waters, you’re in federal waters and it doesn’t matter what state you’re from,” Farrey said. “If Maine has an overall limit of 800 for state and federal, then New Hampshire lobstermen are getting more traps.”

Maine Republican Sen. Olympia Snowe agrees.

“I am adamantly opposed the provisions in the proposed rule,” she said in a letter to NMFS Administrator Bill Hogarth sent March 4. “Allowing New Hampshire to increase its trap numbers works contrary to those conservation efforts and undermines the good will between fishermen on the coast.”

Snowe spokesman Dave Lackey said Monday that the senator’s office is in daily contact with the NMFS and continues to monitor the situation closely.

The public comment period for the proposed rule ended Feb. 28. The NMFS now is weighing all comments as it deliberates how the rule change may affect lobster conservation.

Calling the process “lengthy and burdensome,” Robert Ross, a NMFS fisheries management specialist, said the final rule could be announced this summer and take effect 30 days after that.