Bid to protect lobstering by extending Maine's maritime jurisdiction could be unconstitutional
Previous attempts to extend Maine's jurisdiction over coastal waters faced legal hurdles, but one lawmaker is trying again.
Two bills from Sen. Joseph Martin (R-Oxford) that seek to assert state sovereignty and ownership up to 12 and 24 nautical miles off the state's coast are scheduled to have a public hearing Thursday before the Legislature's Marine Resources Committee.
Just two years ago, similar legislation was brought forward and failed. At the time, both the Maine Department of Marine Resources and the Maine Lobstermen's Association raised concern that such a change is legally fraught and wouldn't result in the desired outcome of protecting lobster fisheries, leading both entities to oppose the bill.
The new proposal to extend state sovereignty to 12 nautical miles off the coast, LD 553, includes an emergency preamble that would allow the legislation to take effect immediately upon passage, rather than waiting the typical 90 days after adjournment.
The emergency language in the bill cites recent decisions from the National Marine Fisheries Service and New England Fishery Management Council to restrict herring fishing in the Gulf of Maine. Herring are commonly used as bait for commercial lobster fishing, so those decisions could have devastating consequences for Maine's lobster industry, the bill states.
The 2025 herring fishing quota for the region is a fraction of what it was expected to be in an effort to reduce the risk of overfishing and help rebuild the population, explained Jamie Cournane, a senior fishery analyst with the New England Fishery Management Council. The decision to lower the limit was motivated by a stock assessment conducted last year that showed the herring population was not doing as well as a 2022 assessment predicted.
However, Cournane said the council is continuing to assess new information about the herring population and could update its recommendations to the federal government.
Prior legislation made similar arguments that state authority should be extended to protect Maine's lobster industry.
The proposal to go as far as 24 miles, LD 687, was submitted as a concept draft and the complete language was not available as of Wednesday afternoon.
As with the 2023 legislation, neither proposal seems to 'have legs' because federal laws and previous court decisions don't permit state authority that far off the coast, said Charles Norchi, director of the Center for Oceans and Coastal Law at the University of Maine School of Law.
A 1975 U.S. Supreme Court case found that states on the Atlantic Coast only have jurisdiction up to three nautical miles from the low-water mark. Therefore, it would be unconstitutional for a state to assert jurisdiction beyond that, Norchi said.
That decision was based on two 1953 federal laws, namely the Submerged Lands Act and the Outer Continental Shelf Land Act, that establish the three-mile boundary.
In his testimony against the 2023 bill, Maine Department of Marine Resources Commissioner Patrick Keliher said a 1997 analysis from the Marine Law Institute of the University of Maine found that the state could not assert its sovereignty beyond the three-mile boundary because of the Submerged Lands Act.
Nothing in the current proposals makes Norchi believe this attempt would garner different results than the previous attempt.
SUPPORT: YOU MAKE OUR WORK POSSIBLE
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
NBC News
9 hours ago
- NBC News
Where the redistricting fight goes from here: From the Politics Desk
Welcome to the online version of From the Politics Desk, a newsletter that brings you the NBC News Politics team's latest reporting and analysis from the White House, Capitol Hill and the campaign trail. In today's edition, Ben Kamisar takes a look at the states where the redistricting fight could spread to next after Texas and California. Plus, Andrea Mitchell reports on Israel's looming operation in Gaza City. — Adam Wollner Where the redistricting fight goes from here After a weekslong delay caused by Democratic lawmakers who fled the state in protest, the Republican-controlled Texas House is now poised to pass a new congressional map that aims to pad the GOP's majority in the U.S. House by as many as five seats. The new lines will still need to be approved by the state Senate and Gov. Greg Abbott before they can be enacted ahead of next year's midterm elections. But that will only mark the first chapter in a redistricting battle that has spread across the country. Democratic lawmakers in California are advancing a plan this week that seeks to offset Texas's effort with a map of their own that would add as many as five seats to their party's ranks in the House. They will need voters to approve the new lines in a special election this fall to circumvent California's independent redistricting commission. The spotlight has been on Texas and California, given the swings in power that could result from their newly drawn lines. But a handful of other GOP-led states are considering their own redistricting pushes that could have major implications in the 2026 battle for the House, where Republicans currently hold a slim three-seat majority. Ohio: The Buckeye State is required to redraw its congressional lines by law because state lawmakers approved a 2021 map without Democratic support. The timing could work out well for Republicans, who control the Legislature. Two of Ohio's three Democratic House members won re-election last cycle by less than 3 points. Indiana: The state's entire Republican congressional delegation has in recent days lined up behind a redistricting effort that's been encouraged by the White House. The GOP already controls seven of the nine congressional seats in the Hoosier State. Gov. Mike Braun, a Republican, hasn't said whether he plans to call for a special session of the Legislature to take up a new map. But Vice President JD Vance traveled to Indiana earlier this month to meet with Braun. Missouri: Republicans have been pushing Gov. Mike Kehoe to call a special legislative session for redistricting in the Show Me State, where Republicans control six of eight House seats. Florida: Republican Gov. Ron DeSantis said this week that people can 'anticipate' a mid-decade redraw because there has been a 'sea change in demography' since the 2020 census. The GOP represents 20 of the Sunshine State's 28 congressional districts. Israel moves forward with plan to take over Gaza City By Andrea Mitchell Almost two years into the war in Gaza, Israel is calling up thousands of army reservists to gain control of the last major civilian area: Gaza City. Troops are already beginning to clear people from their tents on the outskirts of the city, home to as many as a million residents, and force them south. Sixty-thousand reservists will be involved in the offensive, and the service of 20,000 troops already deployed will be extended. This comes despite a rare public clash between Israeli Prime Minister Benjamin Netanyahu and his hand-picked army chief of staff, who had said that the military is exhausted and that the offensive would endanger surviving hostages. That point was emphasized to NBC News by Orna Neutra, whose son Omer is believed to have been killed during the Oct. 7 massacre. She told me if Israeli forces gets close to where Hamas is holding the remaining hostages, the militants won't hesitate to execute them. She and her husband have been pressing for a peace deal to get their son's remains returned. Her view reflects broad opposition by the Israeli public to expanding the war. On Sunday, hundreds of thousands of Israelis marched in a nationwide strike against Netanyahu's plans, the largest protest in Israel in years. As the world focuses on Gaza, Israel's government announced final approval of thousands of new homes for Jewish settlers in the West Bank, where settlers have been escalating their attacks against Palestinian residents. Rapidly becoming a tinderbox, the new settlements had been on hold for years because of opposition from the Arab world, European leaders and previous U.S. administrations. An estimated 700,000 Israeli settlers now live in the West Bank and East Jerusalem. The location of the new settlement is controversial because it would separate two major Palestinian cities, Ramallah and Bethlehem. All this is taking place as some of America's closest allies, including France, the United Kingdom and Canada, have said they may join the more than 145 countries that recognize a Palestinian state unless Israel agrees to a ceasefire. Israel has become increasingly isolated because of a monthslong blockade of food, water and fuel, followed by a trickle of aid delivered at only four sites in southern Gaza guarded by the IDF. The United Nations has said resulting clashes have led to 1,400 Palestinian deaths of people seeking food and 4,000 injuries. President Donald Trump, who recently told Netanyahu to 'finish the job' in Gaza, spoke admiringly of the prime minister Tuesday night in an interview with conservative radio host Mark Levin, calling him a 'war hero' for his strikes against Iran's nuclear facilities. Trump added, 'I guess I am, too. Nobody cares, but I am, too. I mean I sent those planes,' referring to the U.S. strikes in Iran.
Yahoo
9 hours ago
- Yahoo
Minnesota minimum wage will increase 2.5% to $11.41 per hour on Jan. 1
A server resets tables at a Minnesota restaurant earlier this year. (Photo by Ellen Schmidt/Minnesota Reformer) Minnesota's statewide minimum wage will increase 28 cents to $11.41 per hour on Jan. 1, a 2.5% increase based on the annual rate of inflation. The minimum wage applies to virtually all employees since the Democratic-controlled Legislature eliminated a lower minimum wage for small businesses, workers younger than 18 and workers on J-1 visas in 2024. (As before, tips cannot be counted toward the minimum wage.) Only workers under 20 years old in their first 90 days of training may receive a lower wage of $9.31 per hour starting in 2026. Minneapolis and St. Paul each have higher minimum wages of $15.97 per hour, which will increase with inflation in 2026. Small and micro businesses in St. Paul may pay a lower minimum wage, but the city is phasing in a single minimum wage for all employees by 2028. Minnesota's minimum wage is higher than most of its neighbors' (save South Dakota), but it isn't enough to cover basic living expenses. The cost of living for a childless, working-age adult requires earning $17.68 per hour, according to the state Department of Employment and Economic Development. A household with two children requires two parents earning at least $24.25 per hour. The federal minimum wage of $7.25 per hour has remained unchanged since 2009 and is the effective minimum wage in 20 states, including Wisconsin. Minnesota's minimum wage has been indexed to inflation since 2018 but was limited to annual adjustments of 2.5% until last year when lawmakers raised the threshold to 5% to ensure the lowest paid workers receive larger raises in periods of high inflation. The increase will directly affect a relatively small number of workers. Fewer than 90,000 salaried and hourly jobs out of more than 3.3 million in Minnesota were paid at or below the minimum wage in 2023, according to the state's latest minimum wage report. Still, a rising minimum wage puts upward pressure on jobs paying just above minimum wage, creating a ripple effect across a larger number of workers. Solve the daily Crossword
11 hours ago
Even at the grocery store, Texas troopers don't let Democrats out of sight after walkout
AUSTIN, Texas -- Democratic state Rep. Nicole Collier refused to come to the Texas state Capitol for two weeks. Now she won't leave, and fellow Democrats are joining her protest. Collier was among dozens of Democrats who left the state for the Democratic havens of California, Illinois, Massachusetts and New York to delay the Republican-controlled Legislature's approval of redrawn congressional districts sought by President Donald Trump. When they returned Monday, Republicans insisted that Democrats have around-the-clock police escorts to ensure they wouldn't leave again and scuttle Wednesday's planned House vote on a new political map. But Collier wouldn't sign what Democrats called the 'permission slip' needed to leave the House chamber, a half-page form allowing Department of Public Safety troopers to follow them. She spent Monday night and Tuesday on the House floor, where she set up a livestream while her Democratic colleagues outside had plainclothes officers following them to their offices and homes. Dallas-area Rep. Linda Garcia said she drove three hours home from Austin with an officer following her. When she went grocery shopping, he went down every aisle with her, pretending to shop, she said. As she spoke to The Associated Press by phone, two unmarked cars with officers inside were parked outside her home. 'It's a weird feeling,' she said. 'The only way to explain the entire process is: It's like I'm in a movie.' The trooper assignments, ordered by Republican House Speaker Dustin Burrows, was another escalation of a redistricting battle that has widened across the country. Trump is pushing GOP state officials to tilt the map for the 2026 midterms more in his favor to preserve the GOP's slim House majority, and Democrats nationally have rallied around efforts to retaliate. House Minority Leader Gene Wu, from Houston, and state Rep. Vincel Perez, of El Paso, stayed overnight with Collier, who represents a minority-majority district in Fort Worth. On Tuesday, more Democrats returned to the Capitol to tear up the slips they had signed and stay on the House floor, which has a lounge and restrooms for members. Dallas-area Rep. Cassandra Garcia Hernandez, called their protest a 'slumber party for democracy' and said Democrats were holding strategy sessions on the floor. 'We are not criminals,' Houston Rep. Penny Morales Shaw said. Collier said having officers shadow her was an attack on her dignity and an attempt to control her movements. Burrows brushed off Collier's protest, saying he was focused on important issues, such as providing property tax relief and responding to last month's deadly floods. His statement Tuesday morning did not mention redistricting and his office did not immediately respond to other Democrats joining Collier. 'Rep. Collier's choice to stay and not sign the permission slip is well within her rights under the House Rules,' Burrows said. Under those rules, until Wednesday's scheduled vote, the chamber's doors are locked, and no member can leave 'without the written permission of the speaker.' To do business Wednesday, 100 of 150 House members must be present. The GOP plan is designed to send five additional Republicans from Texas to the U.S. House. Texas Democrats returned to Austin after Democrats in California launched an effort to redraw their state's districts to take five seats from Republicans. Democrats also said they were returning because they expect to challenge the new maps in court. Republicans issued civil arrest warrants to bring the Democrats back after they left the state Aug. 3, and Republican Gov. Greg Abbott asked the state Supreme Court to oust Wu and several other Democrats from office. The lawmakers also face a fine of $500 for every day they were absent. Democrats reported different levels of monitoring. Houston Rep. Armando Walle said he wasn't sure where his police escort was, but there was still a heightened police presence in the Capitol, so he felt he was being monitored closely. Some Democrats said the officers watching them were friendly. But Austin Rep. Sheryl Cole said in a social media post that when she went on her morning walk Tuesday, the officer following her lost her on the trail, got angry and threatened to arrest her. Garcia said her 9-year-old son was with her as she drove home, and each time she looked in the rearview mirror, she could see the officer close behind. He came inside a grocery store where she shopped with her son. 'I would imagine that this is the way it feels when you're potentially shoplifting and someone is assessing whether you're going to steal," she said.
