By Richard Gaines
Staff Writer
—
Members of a Maine-based American Indian tribe have made informal claims to commercial fishing rights in federal waters in a bid that could pose a new threat to New England fishermen's quotas.
And while the federal government has rejected those claims, the National Oceanic and Atmospheric Administration "is in discussion with the Passamaquoddy Tribe to better understand" the basis for the claim, according to a statement issued to commercial fishing boats electronically Wednesday.
No written claim has been submitted, according to the government.
"We have had multiple inquiries from fishermen, dealers, etc., about the tribe's right to fish so we put out the announcement," NOAA spokeswoman Maggie Mooney-Seus said in an e-mail to the Times.
Efforts to reach the Passamaquoddy Tribe's governor Rich Doyle or a spokesperson for insight into the claims were unsuccessful. A series of e-mail messages did not produce a response Wednesday.
But Gloucester fishing industry attorney Stephen Ouellette said, "A few of my clients have been approached by individuals bearing ... licenses, seeking to lease or buy boats to fish on them."
"At one point," he continued in an e-mail, "I contacted NMFS (the National Marine Fisheries Service) to determine whether the Passamaquoddy had any fishing rights in the U.S. (economic zone)."
The exclusive U.S. economic zone extends out 200 miles from the three mile state waters.
"Apparently," Ouellette said, "a number of other fishermen have been approached as well."
Commercial fishermen are anxious about the claims by the tribe or tribal members because the new catch share regulatory is based on fishermen sharing a specific allowable catch limit for each stock, divided between qualified participants.
Should new participants arrive with valid claims to fish within the catch share system, the government would be required to recut the pie to create additional pieces, and all the existing allocations would be reduced in size.
One commercial fisherman told the Times he was delaying the purchase of a permit until the claims of the American Indian tribe are resolved.
Ouellette said, "The Passamaquoddy do have some rights in rivers, ponds and streams through an agreement with the state of Maine, but nothing in the (exclusive economic zone)."
There are about 5,500 Passamaquoddy Indians, living in Maine, according to the tribal web site.
Mooney-Seus' e-mail to the Times said:
"...The Tribe has not submitted anything in writing to the agency. However, we have had multiple inquiries from fishermen, dealers etc. about the tribe's right to fish, so we put out the announcement.
"The agency (NOAA) is in discussion with the Passamaquoddy Tribe, to better understand the basis for the Tribe's claim to fishing rights. However, the Magnuson-Stevens Act and all federal regulations and laws continue to apply at this time to all fishers in the Exclusive Economic Zone, including Passamaquoddy tribal members.
"Any vessel fishing or possessing federally regulated species in or from the EEZ must hold a valid federal permit, and any person purchasing, possessing, or receiving for a commercial purpose any federally regulated species from the vessels fishing in the EEZ must also be federally permitted. All federally permitted vessels and dealers must comply with regulatory requirements."
Richard Gaines can be reached at 978-283-7000, x3464, or gaines@gloucestertimes.com
