DMF director warns ASMFC lobster gauge dispute could trigger interstate compliance review

Dan McKeonan, director of the Division of Marine Fisheries, summarized a multi-state dispute over a planned minimum-size (gauge) increase for lobster that the Atlantic States Marine Fisheries Commission (ASMFC) had adopted in Addendum 27.

Why it matters: If one or more states do not implement a mandatory interstate conservation measure, ASMFC has procedures to find a state out of compliance; that could lead to federal involvement and — in rare cases — extreme enforcement actions affecting interstate commerce.

McKeonan told commissioners that Maine’s commissioner publicly “pulled” the regulation at a contentious public hearing and that New Hampshire’s governor announced the state would not adopt the minimum-size increase. McKeonan said the lobster board at ASMFC will meet in late February and must decide next steps. “If a state goes rogue and decides not to enact their mandatory rules, then the policy board at ASMFC can find them out of compliance, and then they contact NOAA Fisheries, and NOAA Fisheries contacts us to the secretary of commerce, and a fishery could be, quote, unquote, shut down,” McKeonan said, describing that sequence as a “nuclear option.”

McKeonan reviewed the rule history: ASMFC’s addendum included a phased minimum-size increase (two sixteenths of an inch over three years) designed as a precautionary measure. The commission previously delayed implementation twice to allow gauge manufacturers time to supply calipers and to allow Maine to address import-export issues with Canada; the most recent delay pushed the effective date to July 1. McKeonan said the abrupt developments in Maine and New Hampshire have left uncertainty over whether states will enact measures or submit conservation equivalency approaches.

The director also addressed competing impact estimates. He said press reports and some statements from industry leaders had estimated potential landing declines of 30–40 percent; DMF’s analysis based on annual sampling suggests a more modest expected reduction in landings of about 12.5 percent, though McKeonan cautioned that year‑to‑year variability and recruitment differences mean actual future landings could be higher or lower.

McKeonan said ASMFC and NOAA staff are “pretty uptight about how this has transpired” and that the board will need to preserve the institution’s integrity while resolving the dispute. He said Massachusetts would not be held to a higher standard than other states but flagged that outcomes depend on whether Maine proposes conservation equivalency or repeals: “It’s chaotic to say the least,” he told the commission.

The commission did not vote on regulatory changes at the meeting; McKeonan said DMF staff will monitor ASMFC deliberations and report back. He said he will attend upcoming multi‑state meetings, including a U.S.–Canada lobster town meeting, the MLA weekend, and ASMFC board meetings in Washington, D.C.