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Speak With Counsel



Jonesport and Beals Island fishermen, the Maine DMR and a Canadian fin fish aquaculture corporation met recently to discuss a proposed installation of fish pens on a 44 acre lease site off Beals Island.

Aquaculture in its various forms, fin fish, clams, mussels, oyster, kelp, etc., has been developed by the federal government for decades. Oil. gas and wind energy leases for exploration and development include off-limits zones to protect transmission lines back to shore. The number of aquaculture leases granted has recently increased in Maine. These renewable lease uses potentially represent a lot of square miles of bottom use being altered or taken off the table for fishermen.

The federal government will continue to fund aquaculture for the balance of trade in seafood alone. Aquaculture will generate food, alternative fuels and occupations. Some observers warn of rapid consolidation of ownership in aquaculture without protections in place.

Fishermen, commerce and government have met over these use issues before. What was different about the Beals Island meeting were the comments of two lobster fishermen in particular. One, Raymond Alley, after noting among other things the loss and damage to fishing gear and vessels from fin fish pen hardware said, “No new site, and take the existing ones out”. A second lobsterman and president of the Maine Lobstering Union, Rock Alley, offered to bring the union’s lawyer to the meeting - the lawyer the union used to battle offshore windmills, dumping dredged material in Portland waters, and other issues, said Alley.

The Maine Lobstermen’s Association after years of costly gear changes and legal threats from whale regulations was forced to hire a lawyer. Lawsuits and legal issues of consequence usually need someone who speaks the language of the law.

Raymond Alley’s position is a legitimate response to impacts on his, his ancestors’ and descendant’s fishing grounds. But to pursue that, a lawyer would be required to navigate the laws, rights and contracts involved. Rock Alley’s offer of a lawyer with ocean bottom use and territorial rights experience was on point. Renewable bottom leases are being granted to parties with it seems, more interest making aquaculture happen, than consideration of or leverage for the stakeholders already in place.

As time passes and more varied stakeholders take permanent positions on leases, fishermen’s traditional position and relative power will be diminished. Now is the time to speak up and speak with counsel.

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