The uncertainty that has plagued New England's groundfish industry will continue if an appropriations rider introduced by Maine Sen. Susan Collins is approved by the Senate in an omnibus bill next month.
The Republican's last-minute rider will delay the implementation of historic fishing regulations approved by the Northeast Fisheries Management Council last month. The rider is widely opposed by most fishermen and fishery officials, plus Sen. Lincoln Chafee.
The threatened regulations, known as Amendment 13, took two years to craft and are considered an equitable agreement among fishermen, fisheries managers, and scientists on how to regenerate 12 species of groundfish.
"There is a great deal of opposition to Sen. Collins' proposal," said David Borden, chairman of New England Fisheries Management Council.
"Her rider would further delay restrictions on Georges Bank cod, allowing its population to decline even further," he said. The council is working to meet a May 1 deadline to vote on an acceptable groundfish-management plan, by order of U.S. District Judge Gladys Kessler.
Borden is far from alone in opposing the Collins rider.
The Northeast Seafood Coalition, which helped craft an option that eventually was adopted as a framework for Amendment 13, has been one of the most vocal groups in opposing the rider.
"There is mass uncertainty as to what this rider would propose," said Jackie Odell, executive director of the coalition, which includes a sizable contingent of Rhode Island fishermen.
"The negative aspects outweigh the positive," Odell said.
Odell said that the Collins rider does not offer an alternative, it allows overfishing to continue, and it carries serious risks for local fishermen. The most troubling of those is that it would enable a federal judge to intervene to stem overfishing, Odell said. The specter of a judge making a ruling on behalf of the fishery does not sit well with fishermen. A judge could close down the fishery to stop overfishing, Odell said.
"That would take it out of the hands of the democratic process," Odell said. Amendment 13 passed by a 13-to-2 vote last month.
However, Collins and other members of the Maine groundfish industry see drawbacks to the Amendment 13 plan.
"Amendment 13 would be devastating to the Maine fishery," said Michael Bopp, Collins' chief of staff. Bopp said that Maine fishermen must steam for 18 hours before they can fish on the Georges Bank. Some of the hours used to steam to the Georges Bank count toward annual limits on fishing time. New regulations under Amendment 13 do not allow fishermen out of Portland to put their nets in the water until they are close to the Georges Bank. Fishermen from other ports, such as New Bedford, Mass., are allowed to fish much earlier.
Another problem is that it is more economical for Maine fishermen to unload their fish in a port closer to the Georges Bank such as Gloucester, Mass. -- rather than unloading in Portland and incurring more steaming time before returning to the fishing grounds. Maine ports lose out on landing income and cause shore services to decline over time, Bopp said.
"We feel that the most clear legal path is for the court to keep its existing regulations for the next five months," Bopp said.
Steaming time to the Georges Bank is also an issue for Rhode Island fishermen who must motor a day before reaching that area. But local fishermen are willing to go along with Amendment 13 for the sake of the overall fishery.
"I'm not thrilled about it but it could have been worse," said Ken Ketchum, who fishes out of Point Judith. "It was a lesser of two evils."
Undoubtedly, the greatest fear of local fishermen is that a judge would rule on the future of the fishery.
"This rider will put the whole industry at risk of going back to more stringent rules," said John O'Leary, who operates the 70-foot Captain Bligh out of Point Judith. "We've worked hard to come up with our own solution, and this rider could put a crimp on things."
Chafee shared that sentiment.
"Our office has received overwhelming opposition from Rhode Island stakeholders in relation to the Collins rider," said Debbie Rich, spokeswoman for Chafee. Rich said that Chafee is looking into local concerns that the Collins rider could have a negative economic impact on Rhode Island fishermen.
To date, the only senators who have opposed the rider are Chafee and Sen. John Kerry, D-Mass.
