Maine Halts ASMFC Gauge Increase

At a January 9 public hearing on implementing the Atlantic States Marine Fisheries Commission’s (ASMFC) rule to increase the minimum size for lobsters caught in LMA1, Department of Marine Resources (DMR) Commissioner Patrick Keliher announced that he would withdraw the state’s regulation altogether based on lobstermen’s comments.

Lobstermen made it abundantly clear: no increase in the

minimum gauge size.

The ASMFC rule, which was due to go into effect on July 1, had twice been delayed by the ASFMC at Maine’s urging. The Commission adopted the management plan that includes the gauge change in May 2023 in response to survey data showing a sharp decline in sub-legal lobsters.

According to Keliher, by withdrawing the state regulation, Maine runs the risk of being out of compliance with ASFMC’s American lobster fishery management plan (FMP) when the new rule goes into force in July.

On January 10 in a message to lobstermen Keliher explained his decision.

“… [A]fter hearing loud and clear from Maine lobster industry members that they are unified in their opposition to a proposed rule change that would increase the minimum gauge size starting in July of this year, with approval from Governor Mills I decided to pull the regulation. … this decision to pull the regulation, driven by the Maine lobster industry’s strong and compelling opposition, now requires that I go back to ASMFC and work with the Policy Board on a plan to ensure compliance with the FMP.”

Numerous fishing organizations, including the Maine Lobstermen’s Association, New England Fishermen’s Stewardship Alliance, and the Maine Lobstering Union, advocated against the proposed change.

The Maine Lobstermen’s Association had opposed the gauge change since it was first proposed. “In April 2023, MLA attended public meetings and submitted comments to ASMFC opposing the gauge increase. Among the concerns we raised were that lobstermen do not believe an increase is needed because they are seeing lots of small lobsters, questions regarding data and reference period, and the economic impacts of trade with Canada.” The association continued to argue against the increase.

Any state that is a member of the ASFMC can come up with actions that differ from ASFMC regulations, known as a conservation equivalency, so long as they “achieve the same quantified level of conservation.” Maine can submit proposals for equivalent conservation measures but it must also prove that it can enforce those measures. According to Keliher, “[t]hat plan will require input from industry to ensure that we are proposing measures that achieve conservation benefits that are equivalent to those intended by this regulation."

The MLA said in a message to members, “Over the past few months, MLA has been advocating that DMR explore a conservation equivalency that could achieve the conservation goal without devasting our industry. These ideas came from you, our members, as stated in our comment at the public hearing. This appears to be the path that DMR will follow moving forward.”

DMR plans to meet with the reconvened Lobster Conservation Management Teams, the Lobster Advisory Council, and the Lobster Zone Councils to discuss possible conservation measures. The ASFMC Lobster Management Board will discuss the issue at its winter meeting on February 4. That board, ultimately, would be the first to review Maine’s proposed alternative conservation measures if they are developed.