Oyster Farm Boom Prompts Call for Action from Other River Users
by Laurie Schreiber
Penobscot Shellfish Committee chairman Bailey Bowden said aquaculture has proven a viable alternative income for fishermen, who otherwise have few opportunities available. Bowden cited the long waiting lists for a license in the lobster fishery. Laurie Schreiber photo
PENOBSCOT – An abrupt surge in the number of small oyster-growing operations on the Bagaduce River is the subject of controversy here.
Other folks who use the midcoast Maine river said they are concerned about impacts on the river’s scenic vistas, on a way of life, and on wildlife habitat.
On April 30, the Department of Marine Resources (DMR) held a meeting to provide information and answer questions on the statutes and rules that govern review and administration of aquaculture leases and licenses, and to offer a forum for the community to share feedback.
“Aquaculture leasing is a formal, adjudicatory process,” said DMR deputy commissioner Meredith Mendelson. “We are trying something new here, in that the purpose of this meeting is to share information, but more importantly, to engage the local community members and stakeholders in a broader dialogue around aquaculture, rather than a specific project.”
Sixteen 400-square-foot oyster operations sprouted, last year, along a stretch of the river considered advantageous by aquaculturalists for the tasty product’s grow-out. Most are located along one short stretch of the winding river, between “Reversing Falls Bridge” and Johnson’s Point.
The operations are conducted under the DMR’s limited-purpose aquaculture (LPA) licensing program. This program provides one-year, renewable licenses for micro-scale sites limited to 400 square feet for designated species and types of gear. This limited license is primarily used to grow shellfish; green sea urchin and marine algae are also authorized. Gear may be deployed in the water or on the bottom. Shellfish may be free-planted on the bottom. A U.S. Army Corps of Engineers permit is required along with the DMR license.
LPAs may not result in any discharge, such as feed. Gear and markings must comply with DMR rules. Gear may not present an unreasonable impediment to safe navigation. The activity must not unreasonably interfere with the ingress and egress of riparian owners. It may not unreasonably interfere with fishing and other uses of the area. The applicant may hold no more than four LPA licenses. The consent of the riparian landowner is obtained if the proposed activity is located above the mean low-water mark. Three LPA sites are permitted within a 1,000-square-foot radius of other existing LPA sites. LPA license applications don’t require a public hearing.
LPAs were originally conceived “For people interested in starting out with a small project to culture certain types of shellfish, marine algae, or sea urchins,” according to DMR materials.
This compares with the DMR’s leasing program for large commercial operations of up to 100 acres for up to 10 years, which involves a lengthy review and hearing process by multiple regulatory agencies and the public.
Currently, located in marine and estuarine waters throughout the entire Maine coast, there are three seaweed leases, totaling 6.92 acres, 74 molluscan shellfish leases, totaling 608 acres, and 26 finfish leases, totaling 665 acres. In addition, there are currently 148 LPA sites, totaling 1.48 acres.
“We at the DMR are aware of concerns” along the Bagaduce, said Mendelson. “These are really difficult issues. It affects people where they live, how they live, where they work.”
Folks wanted to know how the environment would be protected during the oyster “gold rush,” as one man put it. Some said they were concerned about multiple family members each obtaining four LPA licenses and effectively forming a conglomerate of small sites.
The DMR’s aquaculture hearing officer, Diantha Robinson, said that, no matter who holds the licenses, they are restricted, insofar as where they can site each micro-operation, by density limits.
Robinson noted that, to some extent, people may be applying for LPAs in some places because the waiting time to get a lease is extraordinarily long.
“We just don’t have the resources to process the [standard lease] applications we have in a timely way. By and large, I think people use these LPAs for trying different areas, testing places, testing methods, testing species. Some of them are adjuncts to lease operations. They were originally thought to be a way for individuals to do recreational aquaculture, and there are a number of those….About three-quarters or more of LPAs are for commercial purposes, but they’re small-scale. Occasionally, someone then applies for a [standard] lease. But many others just keep operating as [LPA] licenses.”
Paul Bowen, chairman of Penobscot’s board of selectmen, said that, although LPA applications come before the board for comment, they often arrive with outdated nautical charts, illegible handwriting, and general lack of information, he said. Because of that, he said, the board currently refuses to review applications, which means the applications go to the Maine Marine Patrol or to the DMR for sign-off, which similarly don’t have information on the proposed sites.
The DMR’s aquaculture environmental coordinator, Jon Lewis, said that, when the LPA program was conceived, the DMR “knew, at the time, that we didn’t know every nook and cranny in the state of Maine. So it was desired to turn it over to local control. There is no mandate that the harbormaster or selectmen sign. It’s a request….The department is trying to defer to people who have more local knowledge.”
“It sounds as if every application is an ad hoc request, with ad hoc decisions,” said a Brooksville property-owner. Jesse Leach, owner of the Bagaduce Oyster Company, was the first oysterman on the river, many years before the current boom. He explained that aquaculturists have to go where the species will grow.
Bagaduce Oyster Company owner Jesse Leach, Brooksville. “Out past Castine, you could grow clams and mussels, but not oysters,” Leach said. “You have to be further in” to grow oysters. “That’s why they’re getting confined to small spots. Laurie Schreiber photo
“Out past Castine, you could grow clams and mussels, but not oysters,” Leach said. “You have to be further in” to grow oysters. “That’s why they’re getting confined to small spots. It’s because of the warm water and feed. That’s where we have to be. So we have to find estuaries where they’ll grow.”
Leach said the DMR’s density requirements successfully prevent congestion of the estuary.
“The Bagaduce is an example of where you can raise oysters,” Leach said. “You can raise mussels in cold water. Oysters have to be in warm water. That’s one reason why so many people have shown up in that area, because it’s a good place to grow. Don’t think that we’re picking on you, trying to get close to your house. We’re fishermen.”
Leach and Penobscot Shellfish Committee chairman Bailey Bowden said aquaculture has proven a viable alternative income for fishermen, who otherwise have few opportunities available. Bowden cited the long waiting lists for a license in the lobster fishery.
“Elvers, urchins, cucumbers, shrimp – no licenses available,” Bowden said. Invasive green crabs have devastated clams and mussels in the area, he said. “The only species we can harvest on this river are whelk, seaweed and adult eel. That’s not a lot of opportunity for people to make money. Aquaculture is a chance for people to have jobs. Other than that, it’s welfare.”
Several residents said they didn’t want to put the oystermen out of business. But, one resident said, “when you go hunting, you have a license and you have a limit. When you go fishing, there’s a limit.” Speaking to the DMR, the resident continued, “I think the concern is that you are not setting limits. That may not be true. We don’t know for sure. But what we’re seeing is that they need to make a living, but so do a lot of other people. How many people is reasonable? It’s not, ‘Should we have oysters or not?’ It’s not, ‘Should we have seals or not?’ There’s room for everyone – to a limit.”
People said they were concerned about the potential effects of the operations on wildlife and habitat. Some operations, they said, were near seal haul-outs and could impact pupping.
“We don’t have a mechanism right now to determine where the seals are,” said Lewis.
“But we know where they are,” responded a resident.
“I have 30 years of experience in that section of river,” said another resident. “At least half of [the sites] are within 150 feet of seal haul-out rocks. Any day now, we are approaching the beginning of the seal pupping season. It lasts through much of June. That also coincides with when oyster farmers put in their gear. They’re all competing for the same space.” The LPAs, he said, “were placed with absolutely no local input whatsoever. If there had been a process where you had local communication, you would have very quickly learned that there are a lot of very sensitive seal haul-out spots. That section of the river is considered a nursery for seals. The two activities, seal pupping and aquaculture within the same area, don’t mix.”
One person wanted to know if, before granting the LPA licenses, staffers with the DMR’s aquaculture program had ever visited the river section between “Reversing Falls Bridge” and Johnson’s Point. DMR staffers said they hadn’t. However, said Mendelson, the DMR welcomes local input.
One recreational boater noted that, to be fair, boats may be an additional disturbance to seals.
A resident views a chart of LPA sites on the Bagaduce River. “I feel that we have no plan,” said one resident. “Every land area, every town has a comprehensive plan, but not our marine waters.” Laurie Schreiber photo
Another resident said the Bagaduce is both a microcosm of the entire coast and a unique estuary. As such, she said, “A lot of rules and regs of the DMR are cookie-cutter – same approach, same site-by-site process for every place….I feel that we have no plan. Every land area, every town has a comprehensive plan, but not our marine waters. There should a comprehensive, ecosystem-based management plan for every waterway in the state of Maine. The site-by-site process is not an efficient way to sustain ecosystems for the long-term. If you don’t have the personnel or the funding to be able to come here and be able to do a baseline data study of the Bagaduce River, then I would like to suggest you suspend all new applications for LPAs and leases until we can figure out how to treat this bay with respect for the long-term health of the river.”
Tom Adamo of Penobscot encouraged folks to work together to “figure out how this becomes win-win. We’re at the point where people feel this is win-lose. That’s not the way to live in small towns. We’ve always come to each other’s aid. We’re at a tipping point as a community of division, and it’s not a healthy place to be.”