Any doubts that Maine’s new Governor Paul LePage is intent on rolling back decades of environmental protections were put to rest this week with the release of Phase 1 of the governor’s regulatory “reform” (rollback) proposals. The proposals are sweeping in nature, including:

• Requiring at least  3 million acres in the North Woods be zoned for development without any of the current protections against sprawl;
• Weakening the legal standard for reviewing decisions by agency professionals;
• Repealing the requirement that used hypodermic needles be shredded before disposal.

CLF has decried the proposals, as have the Natural Resources Council of Maine, Environment Maine and the Maine League of Conservation Voters, who called them “reckless and appalling.” The Bangor Daily News summed it up well in the title of its January 25 editorial, “Moving Maine Backward.”

The proposals focus extensively on the Department of Environmental Protection and the laws and regulations it is responsible for implementing. For instance, the governor proposes to abolish sound recycling policies, reverse a ban on the toxic, cancer-causing chemical BPA, remove a minimum penalty amount for violators of environmental laws, allow construction in sensitive sand dunes, and weaken water quality measures.

As the Environmental Roundtable should have made clear to the governor last week, a healthy environment protected by science-based rules and regulation is treasured by the people of Maine and essential to the state’s economic future.  But apparently this governor has not yet figured out that he governs for all the people of Maine (and not just the 38% of the voting population who supported him) and that he certainly has not been given a mandate to dismantle four decades  of sound environmental regulations.  The proposals are clearly the wish list of a few select special interest groups that have dominated  this new administration.

The proposals will be the foundation for the series of public meetings being held by the Legislature’s Joint Select Committee on Regulatory Fairness and Reform, the first of which was held earlier this week in Presque Isle, and will be the basis for the first bill of the session, LD1, “An Act to Ensure Regulatory Fairness and Reform.”

People who care about Maine’s environment, who understand that a strong and healthy environment is necessary for a strong and healthy economy, need to stand up and make their voices heard by the governor.  Phone calls, letters, emails to the governor’s office and to legislative leaders are critical, as is a strong turnout at the remainder of the regulatory reform hearings.  Before this train leaves the station, we need to do all we can to try and keep it from going off the rails.

The following op-ed was written by CLF Maine Director Sean Mahoney and published on Saturday, December 18 in the Portsmouth Herald.

On Monday, Dec. 20, a committee of the New England Fishery Management Council will meet in Portsmouth to continue the effort to develop a new management plan for Atlantic herring.

Atlantic herring are not only valuable as bait for lobstermen, but are a key forage fish for bigger fish and marine mammals such as striped bass, cod, tuna, dolphins and whales. The work of the council’s Herring Committee is critically important not just for the sustainability of Atlantic herring but for the continued viability of these other fisheries and tourism-related industries such as whale watching.

The Atlantic herring fishery is currently dominated by midwater trawling vessels. These vessels are large (up to 150 feet) and often fish in pairs, where their small-mesh nets the size of a football field, can be stretched between two boats. These small-mesh nets are efficient killing machines. The problem is they are also indiscriminate killing machines — any fish or marine mammal that is ensnared by the small-mesh nets is unlikely to survive, even if they are thrown back into the water after the nets are hauled on deck. These dead fish — referred to as bycatch or discards — include not just the fish that prey on Atlantic herring, such as stripers or haddock, but also the Atlantic herring’s cousins — alewives and blueback herring.

Alewives and blueback herring (collectively referred to as river herring) are anadramous fish — they are born in freshwater, spend most of their lives in the ocean, and then return to freshwater to spawn. The rivers of New England were teeming with river herring up to the 1980s. But in the last 20 years, their numbers have dropped precipitously. For example, until 1986 the number of river herring returning to spawn in the Taylor River averaged between 100,000 to 400,000 a year. But by 2000, that number had declined to 10,000 to 40,000 a year, and in 2006, only 147 river herring returned to the Taylor River. This is a tragedy for New Hampshire’s wildlife conservation.

The causes of the dramatic decline in the numbers of river herring include the fishing practices of the midwater trawl vessels. While at sea, river herring can often be found in the same waters as Atlantic herring and fall victim to the indiscriminate fishing practices of the midwater trawlers. In 2007, bycatch documentation showed that three times the amount of river herring was taken in one tow of one of these industrial vessels as returned that year to the Lamprey River, which boasts New Hampshire’s largest remaining population of river herring.

The meeting of the council’s Herring Committee will focus on management steps to curb this wasteful practice. Central to the success of any management effort must be a robust monitoring program, catch caps on river herring to serve as a strong incentive to avoid areas where river herring are known to aggregate and strong accountability measures to be applied when those catch caps are exceeded.

If river herring are to avoid the fate of Atlantic salmon — another anadramous species all but extirpated from New England’s rivers where they once teemed — a critical step is putting an end to the indiscriminate fishing practices of the midwater trawl boats pursuing Atlantic herring. All other efforts to improve the access to and water quality of the waters river herring spawn in are of little value if they are killed before they get there.

> Read more about CLF’s regional ocean conservation work

Sea Change.  Tsunami. Maelstrom.  Take your pick but the results of the mid-term election from an environmental perspective will bring an even more extreme and hostile approach to restoring, protecting and preserving our natural resources.  The change in Maine will be staggering – not once since the first comprehensive environmental statutes were passed in the 1970’s has there been a Republican governor and a Republican controlled Legislature.  And unlike the past leaders of the Republican party in Maine like US Senators Margaret Chase Smith and Bill Cohen or State legislators Horace Hildreth and Harry Richardson, today’s leaders of the Republican party have attempted to revive the old and false dichotomy of “jobs vs. the environment.”  At stake is the work of 40 years to provide a framework that allows Maine’s people and communities to thrive and protects Maine’s natural resources. We are in unchartered territory.

Governor-elect Paul LePage’s rhetoric on the campaign trail was alarmingly anti-environmental.  Beyond staking his election on dismantling Maine’s agencies tasked with safeguarding our environment, he has bluntly expressed support for offshore oil drilling in the wake of the worst oil spill ever experienced by our country.  He supports building wildly expensive new nuclear power plants.  Rather mind-numbing is the fact that he considers climate change to be at the least, subject to scientific debate if not outright denying it.  And he opposes sustainable  wind development.  Even more problematic is a pervasive sense that he simply doesn’t “get it” – doesn’t get the concept of sustainability, doesn’t get the economic value of a strong and vibrant environment and doesn’t get Mainers abiding conviction that ours is a unique state that merits strong efforts to maintain.

Willful ignorance may be trending in Augusta, but thoughtfulness  has a firm place in Maine’s culture. Those who are committed to a sustainable approach to managing our resources to benefit our people must now put the election behind us and focus on holding the line.  Open and active collaboration among Maine’s environmental community will be necessary to that effort.  We need to recognize that a majority of Maine people voted for two candidates who have long and distinguished records as environmental leaders and stewards.  Just as a majority of voters supported additional funding for the Land for Maine’s Future program, a clear sign that we continue to be willing to invest in safeguarding our environment.

The Conservation Law Foundation has always believed that a thriving Maine is the result of strong environmental protections and sound economic principles.  That belief – and CLF’s unique ability to translate it into practical, effective and results-oriented advocacy – will be more important than ever as a new administration attempts to dismantle the environmental protections of the last four decades.  We hope you join us in our collaborative effort to tackle the challenges that lay ahead.