Law would allow transfer of licenses (March 13, 2009)

By Emma Bouthillette 

Staff Writer

Howard Gray started setting lobster traps off Black Point in Scarborough nearly 40 years ago, continuing the fifth generation of a family business. When his son was 9 years old, he joined him on the boat and learned the trade. 

By the time Gray’s son turned 16 he was running the boat, later to captain his own vessel. But when the industry got tough, his son gave up his license, while Gray continued on the family business. 

Now, Gray is 74 years old and his doctor is telling him he should stick to the shore, but as his son Charles Gray, 48, is 10th on the waiting list for licenses, Howard Gray doesn’t want to give up his license or the ability to allow his son to help him on the boat.

“My license is only 6 percent of helping someone else get theirs,” Howard Gray said. 

Current law requires anyone interested in obtaining a commercial lobster license to enroll in an apprentice program, which Department of Marine Resources License Eligibility Specialist Jessica McKay said sets a minimum of 1,000 hours during a minimum of 24 months logged with licensed sponsors and passing a U.S. Coast Guard approved Fishing Vessel Drill Conductor Training Course. After completing the program, each apprentice is put on a waiting list by zone. Recent changes in laws require 4,000 tags for traps not to be renewed before issuing one new license, and she said that was determined based on five lobstermen with 800 traps each not returning to the water. 

McKay said there are currently 47 people on the license waiting list in Zone G that stretches from Portsmouth to Cape Elizabeth, Howard Gray said. 

A new bill sponsored by Rep. Sean Flaherty (D-Scarborough) may change those laws for people in Charles Gray’s situation. 

In an act to protect fishing families, LD 585 is proposing to authorize transfers of commercial lobster and crab fishing licenses to the holder’s spouse, children or grandchildren, Flaherty said. He decided to bring the bill before the legislature after hearing Howard Gray’s story. 

“Because of the limited entry for lobster licenses, it makes it difficult for anybody to enter. This would allow lobstermen to pass down the family business,” Flaherty said. “It’s an effort to keep Maine’s heritage.”

The new law would still require anyone receiving a license from a family member to complete the apprentice program, it would just eliminate the time spent waiting, Flaherty said.  

Howard Gray said his son anticipates remaining on the waiting list for another 10 years if this law fails. Despite 18 lobstermen letting their licenses expire last year, Howard Gray said not one license was issued. 

“They changed the ratio [from five licenses to one new license to 4,000 tags to one new license], but they didn’t take into consideration people are only turning in 200 tags. That turned the ratio to more like 20 to one,” Howard Gray said. 

With the waiting period so long, Flaherty said some people waiting might die before they ever receive their license.

“Those prospects are crippling the family industry,” Flaherty said. 

This bill would benefit many families in the industry along the Maine coast.

Kennebunkport Selectman Alan Daggett is also a member of a fifth generation lobster fishing family, that started with his great-grandfather and is now being passed on to his nephews. 

“It’s a great thing to do,” Daggett said. “It’s an absolutely wonderful thing to change the license law.”

Kennebunkport lobsterman Bent Wolff began a commercial lobster business after his father spent many years fishing recreationally. While he wouldn’t have benefited from this law, he said many local families would.

“I wouldn’t have a problem with it,” Wolff said. 

Sheldon Pope, a Biddeford lobsterman who apprenticed with Wolff, said he thinks it is a good idea, but also could be seen as unfair. Pope began his apprenticeship while he was working summers on local boats. After three years, he said he had enough hours to apply for his license and did not have to wait for an extended period.

“I understand the family commercial fishing, but it’s hard for people like me trying to get into the business,” Pope said. “It’s discouraging for some people.”

Flaherty said some opposition to the bill stems from whether or not it is fair to those without family ties to the lobster industry, but it would not disrupt the waiting list.

“Right now, people are holding onto their licenses for many years to let their sons fish [on their boats],” Flaherty said. 

If Howard Gray was allowed to pass his license onto his son, he said it wouldn’t change the spot in line for the first nine waiting, but it would move everyone else up one spot. 

“I wouldn’t feel guilty about giving my license to my son,” Howard Gray said. “I’d like to keep fishing in the family. You can wonder what’s fair or what’s not fair. I just don’t know that answer.”

 

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