REMINDER: Notice of Proposed Rulemaking: Chapter 25.76 Lobster Minimum Size
Maine Department of Marine Resources sent this bulletin at 01/03/2025 10:19 AM EST
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Attention all lobster harvesters and dealers:
The Maine Department of Marine Resources has issued a Notice of Proposed Rulemaking for: Chapter 25.76 Lobster Minimum Size
BRIEF SUMMARY:
This proposed rule-making incorporates the minimum lobster size required by Addendum XXVII: Increasing Protection of the Gulf of Maine/Georges Bank Spawning Stock that was originally approved by the Atlantic States Marine Fisheries Commission (ASMFC) in May 2023. In October 2024 Addendum XXXI postponed the implementation of certain measures from Addendum XXVII to July 1, 2025. For compliance with the current Interstate Fisheries Management Plan, this regulation implements changing the minimum size of lobster from 3 ¼ inches to 3 5/16 inches, effective July 1, 2025.
FOR ADDITIONAL CONTEXT ON THIS RULEMAKING AND INSTRUCTIONS ON HOW TO COMMENT, PLEASE SEE BELOW
The ASMFC Lobster Board initiated Addendum XXVII in August 2017, in response to decreasing trends in juvenile lobster larval settlement surveys throughout the Gulf of Maine. The objective of Addendum XXVII is to increase the overall protection of the Gulf of Maine/Georges Bank (GOM/GBK) spawning stock biomass by implementing management measures, specifically gauge and vent sizes, and also standardizing some management measures across the lobster conservation and management areas (LCMAs).
Following the results of the 2020 Benchmark stock assessment which showed continued decline in young of year indices, the Board focused Addendum XXVII to prioritize biological resiliency of the GOM/GBK spawning stock. The Draft Addendum included trigger options ranging from 32-45%. ASMFC held 2 public hearings in Maine in March 2023, which was the industry’s opportunity to put their comments on the record for full ASMFC consideration. DMR also held Zone Council meetings and an LAC meeting during April 2023 to collect input to inform Maine’s position on the trigger at the ASMFC meeting. At those meetings, industry generally commented that if action is going to be taken, they favored waiting until the highest percentage reduction (45%) and some Zones suggested changing the gauge by 1/32 inch instead of 1/16 inch.
At the ASMFC meeting in May 2023, Maine advocated for a higher trigger for management action. However, other states wanted to see a lower trigger, and the Board eventually settled on establishing the proactive management measures to take effect when recruit indices reached a 35% decline. There was not support across the states for a 1/32 inch gauge change. In October 2023, the Board was informed that the recruit indices had declined by 39%, which initiated the first gauge increase from 3 1/4 inches to 3 5/16 inches. This was originally required to take effect January 1, 2024, but at Maine’s recommendation, the Board agreed to postpone implementation to June 1, 2024. In October 2023, the Board further delayed the implementation to January 1, 2025 (also at Commissioner Keliher’s request), to allow time for the Gulf of Maine to coordinate with Canada on possible trade implications and to give the industry and measure suppliers additional time to prepare.
In August 2024, the Board initiated Draft Addendum XXXI to consider further postponing implementation of certain measures in Addendum XXVII. Addendum XXXI was approved in October 2024 to delay the first gauge change from January 1, 2025, to July 1, 2025. This final delay was also due to Commissioner Keliher’s request.
Maine is required to comply with ASMFC’s Interstate Fisheries Management Plans. For this reason, the Department is now undertaking rule-making to change the minimum lobster gauge from 3 ¼ inches to 3 5/16 inches, effective July 1, 2025. The Department will be holding 2 public hearings, as described below. DMR will compile all comments received, along with Department responses, and present the package to the DMR Advisory Council in the spring of 2025, for their review and consideration. The major manufacturer of gauges in Maine is aware of the pending change and has indicated that the necessary gauges will be available.
For clarity, this rule making DOES NOT incorporate the second required gauge change of an additional 1/16th inch in July of 2027. It also DOES NOT include the vent changes required in July of 2028. After the initial gauge change takes effect, DMR will be convening the recently reconstituted Lobster Conservation Management Team (LCMT) for Lobster Management Area (LMA) 1 to advise on future management measures.
Date, time and location of PUBLIC HEARINGS:
January 7, 2025 at 5:00 pm at Jeff’s Catering, Brewer, ME
January 9, 2025 at 5:00 pm in DMR’s Conference Room 118, Marquardt Building, 32 Blossom lane, Augusta ME, and remotely via Microsoft Teams. Remote access information is posted to https://www.maine.gov/dmr/home under “meetings”.
If either hearing must be cancelled due to inclement weather, an alternate hearing will be held on January 10 at 3:00 pm in DMR’s Conference Room 118, Marquardt Building, 32 Blossom lane, Augusta ME, and remotely via Microsoft Teams.
COMMENT DEADLINE: January 21, 2025
How to comment:
- Send an email to: dmr.rulemaking@maine.gov
- Mail a written letter to: Deirdre Gilbert, Maine Department of Marine Resource, 21 State House Station, Augusta ME 04333-0021
- Fax your letter to 207-624-6024
- Attend the public hearings in person or remotely to offer oral testimony on the proposed rulemaking.
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