Coastal Services Center

To some coastal resource managers, the idea of putting fishermen in charge of fisheries management may seem a little like putting the fox in charge of the hen house. The State of Maine, however, is seeing positive results from an innovative program that gives lobster fishermen responsibility for stewardship and certain management decisions.

"What we are trying to do in Maine is find a way to get the fishing community to really take responsibility for the fishing industry. To do that, their involvement has to be meaningful. That's what we're trying to achieve," said Penn Estabrook, deputy commissioner of the Maine Department of Marine Resources (MDMR). Laura Taylor, special assistant to the commissioner of the MDMR, said, "We're involving those who use the resources in managing the resources. We've created a whole new way of governing."

The project began two years ago with the passage of the lobster zone management law. Estabrook said the department pursued the legislation because state lobster fisheries "were at some risk" and needed a "more aggressive management plan." The commissioner of Marine Resources at the time had a "firm belief that the fishing community had a strong understanding of conservation needs and could take responsibility for key decision making."

Taylor said stewardship is a strong tradition with Maine lobstermen, noting "there's a lot of peer pressure among them to follow conservation processes." She said alternative plans were also pursued because of the challenges of managing a state with such a diverse coastline. "Fishing in one part of the coast is very different from fishing in another. It's difficult to manage on a statewide basis because there is so much variation."

Estabrook said the agency "embraced the concept of co-management," but wanted to develop a process where government and the fishing industry shared responsibility for decisions. "We began with the broad concept that the lowest level of the industry should, in fact, take responsibility, and that is the fisherman."

The legislation established seven coastal zones where licensed lobster fishermen vote representatives to a zone council. The councils have authority to vote on four management issues: limits on the number of traps per license; determining a time frame for compliance; the number of traps on a trawler; and the time and days when fishing is permitted. Councils put referendums about these issues before the license holders in their zone. There are almost 7,000 license holders in the state.

If a referendum is approved by a two-thirds majority, the measure goes before the commissioner of Marine Resources who is "obliged to adopt it as regulation as long as the commissioner arrives at the judgement that the referendum is reasonable. If the finding is found in good judgement it goes through a shortened adoption process," Estabrook said. He noted that regulation proposed by the fishermen must be consistent with federal and regional lobster fisheries management policies.

"We're creating government as much as our founding fathers did," Estabrook said. "This is a work in progress. We're clearly creating government from the ground floor." He said the system was "predicated on representation." Each councilman represents about 100 fishermen, and during elections each licensed fisherman has one vote. The zones were created to "localize representation as much as possible" to help meet the management needs of the different coastal areas.

Elections have been held twice, and referendums have come out of each of the seven zones, he said. For instance, all seven zones voted and approved trap limits lower than the state maximum. "The debate is that because people are feeling it in their pocketbooks they won't make the right decisions. What we're finding is that good conscience appears to win out. They know if management isn't done right, nobody will be able to fish anywhere."

He said the fishermen are also learning a lot about management. "They're finding that making decisions at this level takes work. In the past they've just reacted to management decisions. But this takes a different level of energy and requires personal involvement. To make this work, they're having to use their personal time, and in the fishing season that's hard to do. The energy it takes for the fishermen is extraordinary, but as we speak, they seem to be maintaining it."

The program also requires much of the department's staff time, Estabrook said. Beyond the commissioner's involvement, two staff members attend all the zone council meetings and act as conduits of information. The agency is also asking for an additional administrative position to handle zone council minutes and other paperwork. "It takes a good bit of staff time, and a good deal of interaction with the councils. Without question it takes more time. It's untidy, difficult, and takes extra energy, but in the long run it's people taking care of their own backyards, which is ultimately where we want to be."

He said the program's success is reflected by the fact that the fishermen are taking responsibility. "There is clear energy behind the process at the local level. The industry comes to the table with good ideas, and they are taking what they have and actively considering if their authority should expand. I think doing it this way, in the long run, will probably bear more fruit."

Laura Taylor said, "It's been a learning process for all concerned. It's a very fluid dynamic of how relationships are being established and decisions are being made." She said while it's still too early in the process to declare all aspects of the program a success, "in general, people feel like communication is better. They feel that they are better linked with the department. It's achieved many positive outcomes."

Estabrook said Maine's lobster management model "may or may not work for other states. But the broader question to ask is the fundamental question of engaging the regulated parties in the regulation process. It's a question that people probably are all over the map on. What we are seeing is the more ownership people have in the solution - the more ownership people have in managing the resources and making the regulations - the better the management solution. I don't think the fox in the chicken house model really bears out here."

For more information on Maine's lobster zone management program, call Penn Estabrook at (207) 624-6550, or e-mail him at penn.estabrook@state.me.us.