THE LOBSTER CLAUSE

There is no doubt that Maine’s groundfishermen are having a difficult time financially. As lawmakers consider changing state law to allow these fishermen to catch some lobster, they must first decide whether the change is enough to ensure Maine boats that now unload and sell their catch in Massachusetts will come back here. Second, before they support the revision, they must be convinced that the change won’t harm Maine’s lucrative lobster industry.

In the last five years, the number of fishing vessels and the amount of fish landed at the Portland Fish Exchange have dropped by more than half. The fish exchange handles about 90 percent of Maine’s groundfish catch. The number of fish processors and related industries has also plummeted.

The reductions are due largely to changes in federal fisheries laws aimed at temporarily cutting fishing effort in order to allow overfished species to regain population.

At the same time, a growing number of Maine-based fishing boats unload their catches in Massachusetts. The shorter distance between fishing grounds and the Massachusetts ports and the fact that Massachusetts doesn’t charge tax on marine fuel make that state’s ports more attractive than Maine’s.

Massachusetts also allows groundfishermen to bring in lobsters along with their catch. The Portland Fish Exchange and groundfishermen are advocating for a change in Maine law to allow the same here. Although allowed under federal law, this is illegal in Maine.

According to the National Marine Fisheries Service, Maine has lost $10 million in seafood sales over the past six years due to Maine boats landing their catch in other states. In 2005, 28 of the state’s 58 groundfishing vessels landed in another state with lobster on board. A study commissioned by the fish exchange shows trip diversions because of the lobster rule result in the loss of 355 jobs and $30 million in sales at businesses not directly linked to fishing.

LD 170, which is the subject of a public hearing Monday, would allow boats to keep up to 100 lobsters for a fishing trip of 24 hours or less or 500 lobsters per seven-day period. The lobster can only be caught far offshore, away from Maine’s in-shore lobster fishery.

Supporters of LD 170 say the state’s lobster management laws, which have been credited with helping the industry land record catches, would apply. However, draggers intent on groundfish would have less incentive to leave behind the lobsters most likely to produce a lot of offspring, and catching lobsters in nets rather than traps is more likely to damage their shells, which could harm those that are thrown back and would make those kept less appealing to consumers.

Rather than rewrite state fishing laws to help fishermen through what is predicted to be a short-term difficulty, lawmakers should revisit the findings of a 2004 report by a groundfishing task force. It called for federal disaster assistance and a state bond to help the fishing industry until catches grow. Rather than pitting one fishery against another, following these recommendations could sustain the fishing industry through a difficult time.