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March 13, 2009 Jay Finegan, 287-1445
Rep. Tilton Bill Would Help Protect Livelihoods of Scallop Fishermen

AUGUSTA – The Maine Department of Marine Resources (DMR) would be limited in its ability to close down the scallop season if a bill introduced by State Representative Dianne Tilton becomes law.

The bill is LD 836 – “An Act to Amend the Laws Governing the Scallop Season.” It would require the DMR to consult with the industry and the legislative oversightcommittee before instituting an emergency closure. The bill also would prevent the DMR from shortening the season in any way by limiting days at sea.

The Legislature’s Joint Standing Committee on Marine Resources has scheduled a public hearing on the bill for March 18 at 10 a.m.Rep. Tilton (R-Harrington) said she introduced the bill out of frustration with the way the recent scallop season closure was handled. “By law, the DMR can close a season through an emergency act only if there is an immediate threat of resource depletion,” she said. “The commissioner has the power to do that; and while he does consult withscientists and others on his staff, the committee of jurisdiction has no way to balance that power.”

Rep. Tilton said the oversight provision in her legislation simply allows the DMR’s Scallop Advisory Council, comprised of industry representatives, and the Legislature’s Marine Resources Committee to have access to the evidence the commissioner is using to justify the closure. “People’s livelihoods depend on the accuracy of data that the department can barely afford to collect,” she said. “This simply provides checks and balances to be sure we are taking this extreme measure with the best informationpossible.”

The other aspect of the bill would eliminate short or split seasons, where the fishery is managed by limiting how many days can be fished. “If the Department wants to limit a season to 30 days, they normally tell you which 30 days to fish by giving you a month somewhere in the season,” Rep. Tilton said. “Shortening the season to a month puts a lot of pressure on the fishermen to take advantage of every day they can fish in that month. Since weather, market price and other factors can affect a fisherman’s ability or desireto go out, it is safer and more convenient for fishermen to be able to choose which 30 days to fish within the January to April season set in law.”

Rep. Tilton said she expects resistance from the DMR, especially for the days at sea concept, because it would require the department to institute a reporting or monitoring system that they feel could be costly. But Rep. Tilton said she is not convinced that cost should be a barrier. “There are some relatively simple systems that could be instituted,” she said. “In this economy, we need to be able to help people work, not look for reasons they shouldn’t.”

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