Testimony of Representative Sean P. Flaherty regarding LD 585: “An Act To Protect Fishing Families by Authorizing Certain Transfers of Lobster and Crab Fishing Licenses”

AUGUSTA, MAINE - Senator Damon, Representative Percy, and members of the Joint Legislative Committee on Marine Resources:  It is my pleasure and distinct honor to appear before your committee this morning.  My name is Sean Flaherty and I represent House District #127 which includes half of the town of Scarborough.

I’m even more pleased to present you all with legislation that we believe will only strengthen the tradition of lobstering in our great state.    In Maine, we’ve done a lot of the past few years to ensure that fishing families can continue to exist in a changing economy.  We help to ensure the waterfront property can remain in the procession of those who utilize the ocean for their livelihoods.  We have an apprenticeship program that when completed prior to turning 18, can enable a young person to enter the industry.  But where we have fallen short, is helping to ensure that fishing families can pass on their family tradition if a son or daughter is over the age of 18.

I was alerted to this issue by a constituent.  And I present this legislation not only on their behalf, but on behalf of countless other families who have kept their way of life for generations; and who seek only to continue to do so.   This bill is good for all fishing families, not just one.

Lobstering is certainly a business, but it is one of the only industries that you cannot simply hand down the family business.  If you’re a plumber, when you are ready to retire, you can pass down the tradition to your child.  If you run an Inn or other established small business, as soon as you are ready to work on your golf swing, you can turn over the reins.  Even in politics, if you’ve been president, you can eventually help your Son or Wife in their own political careers.

But in all seriousness, this is an issue that is affecting Mainer’s ability to hand off their small business.  It just happens that the business we are dealing with is Lobstering, and that requires a license.  You’ll hear more from someone who is a perfect example of who this affects after I’m done speaking.  And they can put a real face on who this legislation will be able to help.  So instead, I’ll take my time to focus on some facts.
Firstly, the State of Maine has done a lot to ensure the long term sustainability of our fisheries.  But they’ve changed the rules on our fishermen many times.  When someone entered the waiting list in 2004, they entered at a 2-1 ratio, but has since had the ratio changed from 5-1, with no grandfathering.  So people who thought they’d have their license by now, are still looking at 10-15 more years of waiting.

This year, there were 18 Lobstermen who left Zone G.  However, not a single new license was issued from the waiting list.  This is not only affecting individual families, but entire communities.  I’d like to call your attention to a article that I’ve handed out entitled “Lobster licenses key to survival of year-round islands” from the most recent issue of The Working Waterfront.

On the back page, third paragraph, you’ll see that it says that on the island of Little Cranberry, a community which struggles to keep a year round population, there are just 2 young fishermen waiting to get a license.  More than 4 others would be interested if the prospects of actually getting a license were not so discouraging.

“With a probable wait of 15 to 20 years, he said, ‘It just means the year-round island population will die because really the only thing for young people to do out there to earn a living is to fish…”

When I was 18, I left the state to go to college.  Coming back was one the best decisions that I’ve made.  I’m lucky that Cumberland County has a fairly vibrant economy, so I could find employment near my home town of Scarborough.  But if I were from a different area of the state, I may not have had as much luck.  At the age 23, if I started an apprenticeship program this year, I would likely see my 50th birthday before I would see my own license, if I would ever see a license at all.  If I was a 5th generation lobsterman, there is little chance that you’d see me stick around to keep the family business alive for a 6th generation.   In a time when we are trying to encourage more young people to come back to the state, or better yet, stay in the state, why wouldn’t we want to open up that avenue for them?

There will be opposition, clearly, and I’d like to address a few points you may hear today.  I’ve heard that some fear that this will be the first step in the eventual transfer of licenses for money.  This bill does not allow for that because you can only transfer the license to a child, grandchild, or spouse.   Simply put, you’re not going to sell a license to your kid.  Moreover, it would take much different legislation in order to allow for the sale of a lobster license, and that is something that I never want to see, nor do I believe would ever result from actions taken by this committee either now or in the future.

Additionally, this doesn’t guarantee that a son or daughter has any special right to a license.  In order to receive the transfer of the license, a person still must go through the Apprenticeship Program, which is in no way an easy or quick venture.  This is in line with any other person seeking admission to the industry.
And when a child receives the transfer, they don’t get the 800 traps that their father or mother fished with, they start back, just like everyone else, at 300 traps.  More importantly, it’s not like every child of fisherman is suddenly going to be granted a license.  The transfer only happens when one fisherman is ready to retire and wants to hand down the family business.  The transfer doesn’t go back.  So most people this will affect will be people like the gentleman who you will see today; a 74 year old man, with health conditions, who risks his own well being so that his son can continue to work and make an honest living in our state.

The most important safeguard against these and other criticisms is the inclusion of a “sunset clause” in the bill.  In three years, the Department of Marine Resources will be able to understand, in no unclear terms, whether or not this exception is working.  It will be up to this committee to renew it or not.  If it isn’t working than I trust the wisdom of the legislature to not renew the practice, if it is, than we can continue to accomplish one the most important goals that I and this legislature should have; help keep our communities strong and vibrant, and to do so, make it easier for young people to live, work, and raise the next generation of Mainers.

This bill is a small step in helping to encourage Mainers to make a living in their home state, but for many families, it is an important one.

Thank you