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Oct 12, 2019

Penbay report 10/10/19

Rockland ad hoc  10.10/19
18:41 speaker 1

Pen Bay history   Fishing Families for Harpswell  speaks to Penobscot Bay  speakers at blog



* Science data gathering as commercial fishing  Maine Supreme Judicial Court
Thursday, October 10, 2019  Houlton High School, Houlton
 9:00 a.m. Wal-19-121 Erik Wuori v. Travis Otis  
Houlton High School, Houlton
Wal-19-121 Erik Wuori v. Travis Otis     Attorneys: Christopher K. MacLean, aura P. Shaw, Aaron Fethke
  • Appellant Travis Otis's Brief   see page 6 boat owner

  • In this disclosure action by Erik Wuori to collect on a judgment that he has against Travis Otis, the District Court ordered Otis to turn over to Wuori his 36-foot-long boat, determining that the boat was not exempt under 14 M.R.S. § 4422(9) "Exempt property"  because Otis did not use the boat for "commercial fishing."  Otis appeals, arguing that his use of the boat to fish for lobster in closed or restricted waters to obtain data from each lobster for research purposes, for which he is paid, constitutes "commercial fishing," thereby making his boat exempt from the claims of creditors.  
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Trawl survey updates 
  Discussion In 2018,  "The spring and fall survey took place in May and October and 118 and 96 tows were completed, respectively, out of the scheduled 120 tows (Figure 3). Fish commonly caught in the MENH Survey include winter flounder, Atlantic cod, haddock, rainbow smelt, American shad, white hake, goosefish, Atlantic halibut, Acadian redfish, river herring, and Atlantic mackerel. Others seen in low numbers or infrequently are pollock, wolfish, bluefish, striped bass, and cusk. In addition to the catch of fish, the MENH Survey also catches important invertebrate prey species for sport fish such as American lobster, Cancer spp., and northern shrimp. 

Spring 2018 Summary The spring survey began April 30, 2018 in Portsmouth, New Hampshire and was completed on June 1, 2018. A total of 118 tows out of the scheduled 120 were completed. This translates to a 98% completion rate, with an average of 4.72 tows per day. For Spring 2018, Maine DMR personnel participated on all five weeks of the survey. New Hampshire Fish and Game personnel participated in the first week of the survey as usual. Christine Lipsky and Julie Nieland from NOAA’s NMFS protected species branch participated in weeks two and three of the survey to continue collection of groundfish stomachs for their alosine prey study. The average yearly sea surface and sea bottom temperatures from the MENH survey show a slight positive trend over time (Figure 4) with the highest sea surface temperature occurring in 2013 and highest bottom temperature in 2012. In the Spring 2018 survey the average bottom temperature was 5.9C, and ranged from 4.5C to 11.4C. Sea surface temperatures ranged from 5C to 10.3C with an average of 7.88C. The average bottom and surface water temperatures were comparable to the previous spring survey in 2017. Average bottom temperatures for each region and stratum are provided in table 1.  

  The volume of total mixed catch in spring 2018 varied from 1.98 kg to 385.04 kg per tow, with an average of 107.94 kg and a median of 89 kg. Figure 5 shows the average weight (kg) of the catch per tow for spring surveys since 2001. Spring 2018 catch weight has increased from 2017.   

  Species groups by portion of the total catch for each spring survey since 2001. The first year was fairly variable, but after that the herrings (Atlantic herring, river herring, and shad) compromised the largest portion of the total catch until the Spring 2011 survey. From 2011 to the most recent survey in 2018, lobsters and crabs, of which American lobsters are the major component of, have become the main portion of the catch. Gadoid fish have begun to increase, in large part due to the larger catches of silver hake (whiting) and haddock. Mixed shrimp catches and flatfish numbers have declined.  

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