Sen. Vitelli introduces bill to directly support Maine lobstering industry

Posted: April 27, 2023 | Marine Resources, Senator Vitelli

AUGUSTA – On Thursday, Sen. Eloise Vitelli, D-Arrowsic, introduced a bill to help Maine’s lobstering industry prepare for the harmful regulations imposed by the federal government, while lawmakers and industry leaders challenge the new rules in court. LD 1552, “An Act to Create the Lobster Innovation Fund,” was the subject of a public hearing before the Legislature’s Marine Resources Committee. The bill is the latest in ongoing work in the Maine Legislature to grapple with and push back against federal restrictions.

Senator Eloise Vitelli

“Maine lobster fishermen are stewards of our coastal waters; they have repeatedly done whatever was required to protect the environment, the fishery, and other species — including right whales. My bill is a direct response to the delay of federal regulations, regulations that will threaten fishing families’ livelihoods,” said Sen. Vitelli. “Maine’s lobstering industry supports science-based protections, and they understand real solutions are possible. What has frustrated many are bureaucratic policies that do not adequately consider what is happening on the ground – or in the water. As lawmakers and industry leaders challenge the harmful regulations in court, we must have a back up plan in place. Any industry changes should be led by Mainers — who are already dedicated stewards of our natural resources — not handed down by the federal government.”

LD 1552 would establish the Lobster Innovation Fund to provide stipends to holders of Class I, Class II or Class III lobster fishing licenses to participate in the testing of new lobster fishing technologies. The bill appropriates one-time funds of $1 million each year for the next two fiscal years. 

In August 2021, the National Oceanic and Atmospheric Administration released federal regulations as part of a plan to protect right whales despite a lack of data and evidence linking current lobstering practices to the decline in this endangered species. NOAA’s proposed rules were passed and challenged in federal court. In December 2022, Maine’s Congressional delegation and Gov. Janet Mills secured a six-year moratorium on the implementation of those rules, through Dec. 31, 2028.

An estimated 34 right whales have died since 2017, with only 12 deaths occurring in U.S. waters. None of those deaths can be linked to Maine lobstermen. 

“The Maine lobster industry is facing devastating restrictions as a result of the 10-year whale plan released by the National Marine Fisheries Services (NMFS) in 2021. Developing and testing new whale safe fishing gear solutions, and ensuring those solutions work for all segments of Maine’s diverse fleet, is critical to the survival of Maine’s lobster industry,” said Patrice McCarron, policy director for the Maine Lobstermen’s Association. “The Lobster Innovation Fund proposed in LD 1552 would provide necessary funding to lobstermen to ensure this important work happens.”

Virginia Olsen, a lobsterman from Stonington and Director of the Maine Lobstering Union, also testified in support of the bill: “I greatly appreciate this funding that goes directly to fishermen. It feels like we have an issue that everyone is trying to solve for us, not with us.”

“Modest stipends to help encourage participation in testing innovative solutions are very appropriate and will ultimately allow the State to participate more effectively in future regulatory proceedings,” said Nick Battista, chief policy officer for the Island Institute. 

Before Congressional intervention, Maine state lawmakers lead the charge to protect Maine’s heritage lobstering industry and push back against NOAA’s proposed restrictions:

  • Sept. 23, 2022: Senate Democrats sent a letter to the Board of Monterey Bay Aquarium urging the group to reconsider their decision.
  • May 8 2022: state lawmakers created the Lobster Legal Defense Fund within the Department of Marine Resources to support Maine lobster harvesters in the wake of harmful and unfounded regulations from the federal government. 
  • March 16, 2022: Maine lawmakers passed a law that will extend lobstering hours for the month of September. This will give lobster harvesters more time to fish during the peak season. Previously, Maine lobstermen had less time to fish in the month of September.
  • Oct. 7, 2021: Maine’s Legislative Council unanimously voted to sign on to a lawsuit filed in the United States District Court in Bangor, seeking emergency relief related to the impending closure of Lobster Management Area 1.
  • Sept. 29, 2021: Maine Legislature overwhelmingly approved a joint order from Senate President Troy Jackson, D-Allagash, that would allow the Legislative Council to take legal action in support of Maine lobstermen impacted by the harmful new federal regulations. 
  • April 27, 2020: Maine lawmakers sent a bipartisan letter to the Department of Commerce and NOAA, stating in part, “we anticipate irrevocable harm to the Maine lobster industry and the livelihoods of thousands of Mainers if this case progresses without decisive federal action.”

LD 1552 faces more work in committee.