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January 22, 2016
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State, tribe working on elver agreement
by Edward French

 

      A possible agreement between the Passamaquoddy Tribe and the state to resolve the dispute over management of the elver fishery was outlined by Marine Resources Commissioner Patrick Keliher at a hearing on a legislative bill concerning the fishery on January 13. Last spring the ongoing dispute between the tribe and the state had escalated when the Pleasant Point tribal government issued sustenance fishery permits that allowed for the use of fyke nets, which can catch significantly more elvers than a dip net. Keliher had then issued an emergency rule banning the use of fyke nets except under the state's management plan for the fishery.
     The tribe and the state have disagreed over management of the fishery for the past few years, with the tribe favoring open access to the fishery with a total allowable catch instead of individual catch quotas. Under the proposed agreement, the tribe would no longer be required to allocate its elver quota to individual license holders. Instead, its quota of 1,356 pounds for 2016 would be available for all tribal license holders to fish. Each license holder would be allowed only one piece of gear, either a dip net or fyke net. All elvers caught by tribal license holders would have to be sold to elver dealers, using the state's swipe card system. When the overall quota has been reached, all swipe cards held by tribal license holders would be turned off. Also, the existing prohibition on using fyke nets in the St. Croix River would be removed.
     The tribe has since proposed amendments to the agreement, including elimination of a proposed provision that would not allow any sustenance fishing for elvers. The tribe also has proposed adding that state and tribal law enforcement officers will work cooperatively on enforcing fishing violations, with a preference for tribal law enforcement for tribal violators fishing in traditional tribal fishing areas.
      Keliher noted that the elver bill being considered by the legislature's Marine Resources Committee could be used as the legislation to make the agreement part of state law. The agreement also will need to be approved by the Passamaquoddy Joint Tribal Council. A scheduled January 14 meeting of the joint council to consider the issue was not held because it lacked a quorum, with a number of Pleasant Point councillors not attending.
     Concerning the elver bill that was submitted by Rep. Walter Kumiega of Deer Isle, Keliher indicated that the Department of Marine Resources (DMR) supports the proposed legislation, which would establish the two-day-a-week closed period in the elver fishery by rule instead of by state law. The commissioner noted that the reason for moving the closure to regulation "is to allow for consideration of the calendar and the tides to select the closed period that will cause the least adverse impact to the industry." He added, "It is hoped that this change will help to provide the greatest opportunity to achieve the quota and maximize potential revenues from the fishery."
     Keliher stated that he will find out from the Atlantic States Marine Fisheries Commission whether a two-day closed period is still necessary, since the fishery is now managed through a quota. If it is no longer necessary, then he suggested that the proposal be amended to give the commissioner authority to suspend the closed period, which would allow fishermen to catch their quota as quickly as possible.
     Finally, Keliher also noted that non-tribal fishermen would like to see a means to extend the elver fishery beyond May 31 if necessary, since last year the cold water had caused the season to begin later than usual. The commissioner said he was willing to discuss that issue further. Also, Keliher said the DMR might support allowing all license holders to hold whichever gear type they want, dip net or fyke net, as long as the total amount of gear does not increase.

January 22, 2016    (Home)     

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