ALEWIVES ARE BACK. Every Maine stream with access to saltwater is awash with these little schooling fishes fearlessly rushing upstream.
On APRIL 29TH , Maine Center for Coastal Fisheries held a zoom on the status of alewives and the rest of the river herring species of Maine. We'll hear segments from a presentation by and hosted by Paul Anderson now exec director of MCCF.
Maine Offshore Wind Roadmap DRAFT March 1, 2022 Four Working Groups from a cross-section of stakeholders have worked since last fall on Draft recommendations on Maine offshore wind's energy markets, supply chains, workforces, ports, fisheries and wildlife impacts.Provide comment using the Maine Offshore Wind RoadmapFeedback Form. (Scroll below the link's aerial photo) Through April 30th HURRY!
Results indicate that the Gulf of Maine Coastal Current is a strong and persistent feature centered on the 94±23 m isobath, but that particles: (a) deviate from the seasonal-mean core fairly regularly, and are often re-entrained; (b) follow a slower (9 cm/s), less-constrained path in the western portion off the coast of Maine relative to the eastern (16 cm/s) section; and (c) can be affected by wind events and small-scale baroclinic structures. Residence times calculated for each 1/2° grid cell throughout the GoM depict some regions (Eastern Maine and Western Nova Scotia) as being relatively steady, flow-through systems, while others (Penobscot, Great South Channel) have more variable, branching pathways. Travel times for drifters that are retained within the coastal current along the entire western side of the Gulf of Maine are typically less than two months (55 days).
Our model shows that the Eastern Maine Coastal Current (EMCC) possesses two cores, an offshore and a nearshore core that peak in summer and spring, respectively. The two cores can be traced back to outflows from the Bay of Fundy from opposite sides of Grand Manan Island, and both cores are deeper and slightly more onshore in summer and fall in response to tidal mixing, surface thermal stratification and wind. The two cores merge south of Pleasant Bay, then split into two branches again east of Mount Desert Rock, where the nearshore branch flows along the coast, while the offshore branch turns southward to recirculate in the eastern GoME. Subject to variations of Scotian Shelf Water and Slope Water (SW) inflows, the offshore veering occurs further upstream (northeastward) in late winter and summer, but gradually shifts downstream (southwestward) from summer to winter
The coastal current in the Gulf of Maine (GoME) plays an important role in modulating fisheries in Maine. To investigate the coastal current and its relation to different forcing, a high-resolution circulation model was developed and validated. Our model shows that in the eastern GoME, the coastal current has two cores, namely an offshore and a nearshore core peaking in summer and spring, respectively. The two cores can be traced back to outflows from the adjacent Bay of Fundy. Both cores are deeper and slightly more onshore in summer and fall due to tidal mixing, large solar radiation and weak wind. The two cores merge as they flow downstream, then bifurcate again east of Mount Desert Rock, where the nearshore branch flows along the coast, while the offshore one turns southward. Subject to variations of inflows from outside of the gulf, the offshore turning occurs further upstream in late winter and summer, but gradually shifts downstream from summer to winter. Analyses of momentum balance show that the coastal current is primarily modulated by the variation of deep denser water inflow that is blended by tidal mixing.
Sec. 2-703 Harbor Management Commission . Source: Rockland city ordinance
1. Purpose. The City of Rockland wishes to protect its marine-historic resources and sensitive natural resource areas
found along its harbor and in nearshore coastal waters; to provide growth in public opportunities for water-based
recreational activities; to maintain and enhance navigational facilities for the benefit of all harbor users; and to allocate
land and water resources in an economically and environmentally sound manner.
To this end, the City believes that the
most equitable way of balancing competing uses in the harbor and adjacent coastal waters is to develop, adopt and mplement a harbor management plan. To properly manage such a plan, and to plan for the future of Rockland Harbor, the
City of Rockland hereby creates a Harbor Management Commission, pursuant to Title 38 of the Maine Revised Statutes
Annotated.
2. Commission Composition. There shall be a Harbor Management Commission consisting of seven (7) members,
appointed by the Mayor and confirmed by the City Council, from a list of persons recommended, because of their interest
in harbor activities, by existing local committees, city staff, or local residents.
Said Commission is intended to be
representative of, but not limited to members or representatives of the following groups: The Rockland Planning Board,
marina operators, recreational boating community, commercial shipping industry, commercial fishing industry, the
commercial lobster industry, the downtown/waterfront retail business community, and the Rockland-Thomaston Area
Chamber of Commerce. In addition, there shall be two (2) alternate members appointed who shall serve in the absence of
regular members and who may be appointed to fill any vacancies on the Commission. The Mayor (or designee), City
Manager (or designee) and Harbor Master shall serve as an ex-officio non-voting members of the Commission.
The Commission shall maintain close cooperation with the Planning Board, Parks Commission, Recreation Advisory
Committee, Economic Development Advisory Committee and other agencies in matters of policy and planning of harbor
and waterfront activities and development.
No regular member of the Harbor Management Commission shall receive compensation for service.
3. Commission Member Terms. The term of all members shall run for three (3) years, except for the first seven (7) first
appointed, of which two (2) members shall be appointed for one (1) year, two (2) for two (2) years, and three (3) for three
(3) years. The alternate members shall be appointed for terms of two (2) years, except for the first two (2) first appointed,
of which one (1) shall be appointed for one (1) year, and one (1) for two (2) years. Such terms shall expire December 31 of
each year as designated. There shall also be two (2) alternate members of the Commission who shall serve a term of three
(3) years. The alternate members shall attend all meetings of the Commission, may participate in any discussions or
hearings, but shall only vote on Commission matters if a full quorum is not present at such meeting. When a vacancy
occurs on the Commission, an alternate member may be appointed to fill such vacancy.
The Commission shall elect annually, in January of each year, a chairperson and secretary from its membership and shall
adopt its own rules of procedure. Should the position of chair become vacant during such year, the Commission shall
elect another of its member to serve as chair for the remainder of that year.
As of the effective date of this section, no
member shall be elected as chair of the Commission more than six (6) consecutive times; and as of the effective date of
this section no member shall serve more than five (5) consecutive terms on the Commission. The secretary shall be
responsible for taking minutes at each meeting of the Commission, and shall forward copies of the minutes to the City
Manager for distribution once such minutes are accepted by the Commission. The Commission may also form
subcommittees to address specific duties of the Commission. Eff: 11/09/18
4. Jurisdiction of the Harbor Management Commission. The Harbor Management Commission shall have jurisdiction
within the area located in or contiguous to the waters of Rockland Harbor as defined by the shoreline between the
boundaries of Rockland with Rockport to the north and Owl's Head to the south. The boundary lines are projections of the
land boundaries into the Harbor. Specific municipal properties under this jurisdiction include Snow Marine Park, Sandy
Beach, Harbor Park, the Public Landing, Fisherman's Pier, Buoy Park, the Rockland Municipal Fish Pier, Marie Reed Park,
Mildred Merrill Park, and/or any municipally owned property abutting Rockland Harbor. Eff: 04/13/05
5. Power, Duties and Responsibilities. The purpose of the Harbor Management Commission shall be to prepare a harbor
management plan in accordance with Title 38 of the Maine Revised Statutes Annotated. Upon adoption of the plan, the
Commission shall provide for the annual review of the harbor management plan and shall submit recommendations to the
City Council for additions and/or modifications to the plan that may be deemed appropriate, subject to the process set forth
in the Maine Revised Statutes Title 38 or other subsequent harbor management legislation enacted by the State of Maine.
In addition, the Commission may exercise any of the following powers, duties and responsibilities:
a. to recommend ordinances for adoption by the City Council which implement the Harbor Management Plan and which
specify fees and fines for violation of those ordinances, in accordance with the Maine Revised Statutes Title 38;
b. to assist the Harbor Master in the assignment of moorings, the management of mooring and anchorage areas.
c. To review and submit to the City Manager a proposed operating budget for the Harbor and Waterfront Department
using funds from sources which may include, but are not limited to, local appropriations, mooring fees, violation fines,
boat excise tax revenue or a harbor management fund established by the City Council by ordinance.
d. To hear and to adjudicate administrative appeals of the grant or denial of a permit by the Harbor Master or Fish Pier
Director;
e. To hear proposals and concerns of members of the following customer base: - Commercial fishermen using the Municipal Fish Pier;
- Riparian land owners on Rockland Harbor regarding harbor use in the vicinity of their property; and
- Other marine related. Eff: 04/07/10
f. To assist in the coordination of all public and private agencies, commissions and other organizations which have
interest or jurisdiction within the harbor area.
g. To approve use of municipal properties and award fee waivers as appropriate for the use of these properties by such
groups or individuals whose presence is appropriate based on specific purposes in line with the harbor area and whose
presence is natural and historic to the harbor. The Commission shall recommend appropriate municipal locations to the
City Council for events deemed inappropriate to the municipal areas under the Commission's jurisdiction.
h. To review and make recommendations on proposed land and water use activities contiguous to the waterfront and
within the waters delineated in Section 4 of this Ordinance that are received for review by other municipal agencies in
accordance with the procedure described in Section 6 of this Ordinance.
i. To review for consistency with the harbor management plan any public notice of an application for a local, state or
federal permit for an activity taking place within the Commission's jurisdiction as described in Section 4 of this Ordinance,
and to respond in a timely fashion with recommendations to the regulating agencies.
j. To conduct or cause to be conducted, studies of the conditions and operations in and adjacent to Rockland Harbor and
to present to the City Council proposals for the harbor's efficient operations; and
k. To request, when appropriate, a general permit from the United State Army Corps of Engineers and/or delegation of
state enforcement authority pursuant to the Maine Revised Statutes Title 38.
6. The Commission shall establish a Fish Pier Management Committee that shall review and advise the Commission as
to matters within the Commission’s jurisdiction that affect Fish Pier operations, other than administrative appeals. The
Fish Pier Management Committee shall consist of two or more Commission members and, whenever possible,
representatives of users of the Fish Pier. The Fish Pier Management Committee shall serve an exclusively advisory role to
the Commission. Eff: 04/07/10
7. Referral of Proposal Submitted to Other Municipal Agencies. Pursuant to the Maine Revised Statutes Title 38, the
Commission shall review and make recommendations, consistent with the adopted harbor management plan, on any
proposal affecting the real property on, in, or contiguous to the harbor and submitted to the Planning Board, Zoning Board
of Appeals, Code Enforcement Office, Parks and Recreation Department, and City Council. The Harbor Management
Commission shall be notified in writing of any such proposal at least twenty (20) days prior to the commencement of the
hearing thereon or where no hearing is held, at least twenty (20) days prior to the taking of any final action on the proposal.
The respective municipal agency shall send a copy of the application/proposal to the Commission upon request.
The primary reviewing agency authorized to act on the proposal shall consider the recommendations of the Commission.
Failure of the Commission to submit a recommendation
8. Severability. If any provision of this Ordinance of the application thereof to any person or circumstance is held to be
invalid for any reason, such invalidity shall not affect the other provisions or any other application of this Ordinance are
hereby declared to be severable.
9. City Council Retention of Responsibilities, Duties, and Appellate Availability.
a. In creating the Harbor Management Commission, the City Council in no way abdicates those duties specific to the
City Council as delineated in the City Charter and Code.
b. All actions taken by the Harbor Management Commission may be appealed to the City Council. Eff: 1/7/98 on or before the date of the hearing or action on such proposal
shall be deemed an approval
2-A. Criteria. The commissioner, or qualified professional department staff designated in writing by the commissioner, may issue a limited-purpose aquaculture license for certain aquaculture activities if: .... F. The proposed location, species and activity do not present a risk to public health; [PL 2017, c. 159, §6 (NEW).]
DMR rules on Limited Purpose Aquaculture
2.90 Limited-Purpose Aquaculture (LPA) License 2.92 Aquaculture Lease Site Workers Operating Under the Authority of an Aquaculture License Holder 2.95 Water Quality Classifications and Shellfish Aquaculture
2.90 Limited-purpose aquaculture (LPA) license
1. LPA
License
A. No person may engage in the activities
described in 2.90 and 12 M.R.S.A. §6072-C without a current
LPA license issued by the Department of Marine Resources (DMR) in accordance
with these regulations. An LPA license may be issued only to an individual or
to a municipal shellfish management committee established pursuant to 12 MRSA
§6671. The Department shall make application forms available. A non-refundable application fee in the amount of
$50 per license application for Maine residents or $300 for non-residents must
be paid when the application is submitted. LPA licenses expire at the end of
each calendar year. No more than four (4) licenses may be held by any licensee
at the same time. LPA licenses are non-transferable.
B. Density standard. There can be no more than three (3) LPA licensed sites within a 1,000-foot radius of any other existing LPA licensed site. This standard does not require a minimum separation between individual licenses; rather it is a density of licenses within any area of a 1,000’ radius. See Figure 1 below for four examples of this standard where a license site is encircled by a radius of 1,000 feet.
Figure 1. Density illustration for acceptable LPA
license distribution
Exemption for riparian landowners. LPA licenses held by riparian property owners that are used to place authorized gear as listed in 2.90(2)(F)(2), within 150’ of the riparian’s property at mean low water and perpendicular to the property boundaries, are exempt from this density standard. Riparian landowners are responsible for demonstrating this requirement has been met. Requests for this exemption must be indicated on the application and are limited to one exemption per riparian property. The presence of a riparian landowner LPA does not count toward the density standard.
Exemption for certain sites. LPA licenses for gear installed within marina slips, lobster pounds, or similar enclosed or partially-enclosed sites in the coastal waters that are under the ownership or control of an entity which has the legal authority to restrict access to or use of the site and which has consented in writing to the placement of the gear on the site are exempt from this density standard.
C. Up to three (3) assistants per license may be declared as helpers. An individual may be listed as an assistant on no more than eight (8) LPAs, other than their own, except that individuals who were listed on more than eight (8) LPAs as of March 1, 2018 may remain on the same additional LPAs until December 31, 2020, at which point they will be limited to being an assistant on no more than eight (8) LPAs. If the LPA license holder represents an educational institution, students are authorized to work under the direct supervision of the license holder who signed the application, as well as any listed helpers.
D. When a proposed LPA license site falls within the bounds of a pending aquaculture lease application, the Department may, in its discretion, postpone the decision on that LPA license application until after the final decision on the pending application has been made.
2. Application requirements
A. Species
Applications must indicate the common and scientific names of the species to be cultivated under the license in accordance with 2.90(4).
B. Sources
Shellfish stock or seed may be obtained from either wild sources, hatcheries, or nurseries, with the exception of stock or seed of Hard Clam / quahog (Mercenaria mercenaria), Hen Clam (Spisula solidissima), or Soft shelled clam (Mya arenaria). Hatcheries or nurseries are the only permitted sources for these clam species, unless the Department issues a shellfish transplant permit that authorizes the collection of undersized animals. Marine algae (all seaweeds such as reds, greens, browns or kelps) and green sea urchins shall be obtained or cultured from stock originating in Maine coastal waters.
Applications must identify the source of the stock or seed to be cultivated or grown for each species, and for hatcheries or nurseries list the current name, address and phone number of the hatchery or nursery source for each species listed under 2.90(2)(A). All sources of hatchery supplied seed or stock must be from hatcheries approved by DMR.
All wild shellfish stock or seed used for cultivation or grow-out must originate from within the same Health Area defined under 2.05 (1) (J) as the LPA site.
Use of wild shellfish stock or seed originating from outside the Health Area of the LPA site will require evidence that the seed or stock is consistent with the species authorized under 2.90(4) and may require evidence that the seed or stock is free from disease, and will require a permit from DMR.
C. Site location
(1) The application must provide one (1) geodetic coordinate in degrees/minutes/seconds to the hundredths place, the coordinate source (nautical chart number, the edition and its date or software name) and the datum of the coordinate source, for the center of the longest axis of the license site, and identify the directional orientation of the longest axis. The license site must be accurately depicted on a portion of a US Geologic Survey Topographic map or nautical chart.
(2) The application must provide a brief description of the license site, including the bottom characteristics of the license area and whether there are eelgrass beds present in proximity to the site.
(3) The application must include a description of current commercial and recreational fishing and other uses of the proposed license area and the immediate vicinity of the proposed license area. The description should include type, duration and amount of activity.
(4) The application must include a certified copy of the municipal tax map for the area in the vicinity of the license site. On the map, the applicant must indicate the actual scale of the copy of the map, the location of the proposed site, and a circle drawn to scale depicting a 300-foot radius from the site. The application must also include a list of the names and current mailing addresses of the riparian owners of shorefront property within 300 feet of the site, certified by the municipal clerk or by the Bureau of Revenue Services, Unorganized Division, for unorganized territory. If the license site is located in a marina slip or lobster pound or similar site as described in 2.90 (1) (B), the owner or controlling entity of which has consented in writing to the placement of the gear, the map and list are not required.
D. Required Signatures
The application form shall require the following signatures:
(1) Applicant. The individual applicant’s signature, including printed name and date, which shall verify that the application does not contain false information and that the applicant will comply with all applicable laws and regulations is required. When the applicant is a municipal shellfish management committee, the chairperson of the committee shall sign the application on its behalf, and a primary point of contact shall be provided including name, address, email address and phone number. When the applicant represents an educational institution, an administrator shall sign the application on its behalf.
(2) Municipality. Harbormaster’s signature, which shall verify that it is the harbormaster’s opinion that the license activities will not unreasonably impede safe navigation, will not unreasonably interfere with fishing or other uses of the area, and will not unreasonably interfere with riparian ingress and egress.
In municipalities not served by a harbormaster, a municipal officer or other elected municipal official may sign the application. For the unorganized territory where a harbormaster does not have jurisdiction, a marine patrol officer may sign.
The opinion of the harbormaster, municipal officer or official, or marine patrol officer that the license activities will not will not unreasonably impede safe navigation, will not unreasonably interfere with fishing or other uses of the area, and will not unreasonably interfere with riparian ingress and egress, shall not be determinative, but may be considered by the Department as a factor in deciding whether the criteria for the issuance of an LPA license have been met.
(3) Intertidal sites
(a) Municipal Shellfish Management Committee. If the proposed location is above the extreme low water mark in a municipality with a municipal shellfish management committee established pursuant to 12 MRSA §6671, the signature of the chairperson of the municipal shellfish management committee, which shall verify that the proposed LPA will not unreasonably interfere with the activities of the municipal shellfish management program, is required.
(b) Riparian landowner. For license sites located above the mean low-water mark, the signature of the riparian landowner, which shall verify that the landowner consents to the licensed activity being conducted on the intertidal land, is required.
(4) Signature missing or withheld. The absence of any required signature will result in the denial of the application. At the request of the applicant the Department may review the basis for a harbormaster’s or municipal officer’s or official’s denial of a signature. The Department may, following such review and upon a determination that the signature was withheld without basis, approve a license application. Such a determination must take into consideration a review by the local marine patrol officer of the application and a statement from the marine patrol officer that the license activities will not unreasonably impede safe navigation, will not unreasonably interfere with fishing or other uses of the area, and will not unreasonably interfere with riparian ingress and egress.
E. Notification of riparian property owners & municipalities
(1) The applicant shall notify all riparian owners within 300 feet of the LPA site by sending, by certified mail, a copy of the LPA application, including information about how riparians can submit comments to the Department regarding issuance or renewal of the license, to the address certified by the municipal clerk or Bureau of Revenue Services, Unorganized Division for unorganized territory. Failure to include a copy of the receipt for certified mailing with the application will be grounds for denial of the application. If the license applicant is the only riparian, or if the license site is located in a marina slip or lobster pound or similar site as described in subsection 1(B) above, the owner or controlling entity of which has consented in writing to the placement of the gear, the notification requirement is waived.
(2) The Department shall notify any town or plantation of the final status of an application. Failure to do so does not invalidate a license.
F. Site Plans
(1) Plan view
The application must include a plan view, which must be on 8.5” x 11” size paper and show the maximum layout of gear to be deployed drawn to scale, with the scale indicated to verify the 400 square foot limit. The site plan must include a north arrow with True or magnetic clearly indicated, arrows that indicate the tide’s primary ebb and flood directions, mean high and low-water marks, and the distance from the license to these mean high and low-water marks. The site plan shall also include to a distance of 1,000 feet from the license in all directions, the locations of any federal or local channels, anchorages, moorings, structures, existing lease boundaries, other LPA licenses (including whether or not they are exempt from the density requirement in 2.90 (1)(B)), DMR water quality closure lines (including distances), and property lines for all riparian owners within 300 feet.
(2) Gear description:
If gear is to be used, it may be deployed on the surface, in the water column, on the sea bottom, or below the surface of the bottom. The applicant shall indicate which of the following authorized gear will be used, and include an overhead view and cross-sectional elevation view of the gear that includes specifications on all mooring equipment to be used. Aquaculture gear other than the equipment listed below, may not be used. All dimensional information on the mooring equipment contained inside and outside the boundaries must be included pursuant to 12 M.R.S.A. §6072-C (5)(E)(2).
Upweller or “FLUPSY”
Shellfish rafts, associated predator nets and spat collectors Shellfish tray racks and over wintering cages
Soft bags, semi rigid bags and floating trays
Lantern nets and pearl nets
Fencing and brushing
Moorings
Scallop spat collector bags
Scallop ear hangers
Long lines (vertical or horizontal)/rope grids
Bottom anti-predator netting
G. Renewal of licenses
(1) To be eligible to renew an LPA license, in 2019 or in any subsequent year, the applicant must have completed any educational requirements established pursuant to 12 M.R.S.A. §6072-C(3)(A) and must submit an application for renewal to the Department online or postmarked no later than December 31st. If a renewal application is not submitted to the Department by December 31st, the license holder is required to remove all gear and equipment from the licensed site on or before the termination of the license on December 31st.
(2) Renewal applications shall be submitted on a form provided by the Department. A non-refundable application fee must be paid in the amount of $50 per renewal application for Maine residents and $300 for nonresidents.
(3) The Department shall send a notice of all proposed renewals to the municipality in which those licenses are located and request that the municipality post the notice. The notice shall state that anyone may provide comments to the Department on the proposed renewals within 14 days of the date of the notice.
(4) An LPA license may be renewed if the license activities continue to meet the provisions of 2.90 and 12 M.R.S.A. §6072-C.
3. Site Limitations
A. Maximum size
Gear, on any one LPA, excluding mooring equipment, may not occupy an area larger than 400 square feet. An LPA may be contiguous to another LPA.
A. Dimensions
The site must include four 90-degree angled corners, and may be no less than 1’ or greater than 400’ on any one side. Dimensions must be provided in whole feet.
C. Territorial waters
LPA license sites must be located within Maine’s territorial waters as defined in 12 M.R.S.A. §6001(48-B) and pursuant to 12 M.R.S.A. §6072-C(2).
D. DMR Water Quality Program Closure Areas
(1) LPA license sites may not be located within 300 feet of any area classified as prohibited.
(2) Except as provided in subsection (3) below, LPA license sites may only be located in areas that are classified as approved or conditionally approved pursuant to DMR regulations Chapters 95 and 96. Should an area be downgraded, an LPA located within the area may be renewed for one additional year at the next date of renewal.
(3) Exemptions
(a) Shellfish seed. An LPA license site may be located within an area classified by DMR as prohibited, restricted, or conditionally restricted under Chapters 95 and 96, provided that only shellfish seed is cultured on the site. An LPA license site for shellfish seed may not be located within the 300:1 dilution zone around a wastewater treatment plant outfall. Shellfish seed from an LPA site in a prohibited, restricted, or conditionally restricted area can be moved only to another aquaculture lease or license site and only as provided in this subsection. The seed must be segregated from other shellfish on the destination site as required by the DMR Public Health Bureau.
i. Seed that is 25 mm or less in size can be moved to another aquaculture site without a relay permit under Chapter 94. The lessee or licensee of the destination site must notify the DMR Public Health Bureau at least eight days in advance that the seed will be moved. If there is harvestable product on the destination site, the area around the seed will be closed to shellfish harvesting for six months by DMR.
ii. Seed that is mixed in size, both over and under 25 mm or that is greater than 25 mm, requires a relay permit under Chapter 94 to be moved to another aquaculture site. The area around the seed will be closed to shellfish harvesting for six months by DMR.
(b) Green sea urchins
The boundary line and prohibited, restricted and conditionally restricted area prohibitions in 2.90(3)(D)(1 and 2) above do not apply to the sole culture of green sea urchins.
(c) Marine algae
The boundary line and prohibited, restricted and conditionally restricted area prohibitions in 2.90(3)(CD)(1 and 2) above do not apply to the sole culture of marine algae, except that an LPA license site may not be located within the 300:1 dilution zone around a wastewater treatment plant unless marine algae or seaweed cultured on the site is not for human consumption and applicants have provided satisfactory evidence to the Department that the site is for remediation purposes only, or there is a plan for destruction or compost.
E. Department of Inland Fisheries and Wildlife (IF&W) Essential Habitats
LPA license sites may not be located within the areas regulated pursuant to 12 M.R.S.A. §§ 12803, 12804 and 12806 and pursuant to IF&W regulation 09-137 CMR Chapter 8, Endangered Species. Maps showing the boundaries of essential habitat are available from the IF&W regional headquarters, municipal offices, the Land Use Regulation Commission for unorganized territories and DEP regional offices.
F. United States Army Corps of Engineers (ACOE) Authorization
Upon receipt of an LPA license application, the Department shall forward a copy of the application to the ACOE for their review and approval. A permit from ACOE is required prior to the placement or use of any gear proposed in a LPA application. No structures may be located within the boundaries of a Federal Navigation Project.
4. Authorized Species
An LPA license may be issued only for the cultivation of the following species: blue mussel (Mytilus edulis), hard clam / quahog (Mercenaria mercenaria), hen clam (Spisula solidissima), American or eastern oyster (Crassostrea virginica), European oyster (Ostrea edulis), sea scallop (Placopecten magellanicus), soft-shelled clam (Mya arenaria), razor clam (Ensis leei), green sea urchin (Strongylocentrotus droebachiensis), bay scallops (Aequipecten irradians), and for marine algae (all seaweeds, including kelp). Notwithstanding 12 M.R.S.A. §6001 (41), for purposes of 2.90, the terms “shellfish” and “seed” include sea scallops (Placopecten magellanicus) and bay scallops (Aequipecten irradians).
5. Activity limitations & requirements
A. The licensed activity must not generate a discharge into territorial waters pursuant to 12 M.R.S.A. §6072-C (2)(A), 38 M.R.S.A. §413 and DMR regulations 2.05(1-G).
B. An LPA license applicant may declare assistants to be named on any LPA license. Declared assistant(s) named on any LPA license must be in possession of a copy of the LPA license whenever engaged in any activity at that licensed site. Individuals other than the license-holder’s declared assistants may assist the license holder and, in that capacity, utilize, raise, lift, transfer or possess any approved aquaculture gear belonging to that license holder if a hurricane warning issued by the National Weather Service is in effect for any coastal waters of the State.
C. Marine Biotoxins
(1) Closed Area compliance
There shall be no provisions made for biotoxin monitoring or testing for LPA sites.
D. Record keeping
Complete, legible and accurate records of transport, transfer, harvest, and monitoring must be maintained by the license-holder and made available for inspection for at least two (2) years. The records must include the:
(1) Department’s LPA license number, site location and date.
(2) Source of shellfish, including seed if the seed is from growing areas which are not in the approved classification status pursuant to 2.90 and/or Chapter 15;
(3) Dates of transplanting and harvest;
(4) Detailed records of sales; and
(5) Records of the origin and health status of all seed or shellfish stocks reared on the site must also be maintained.
E. Amendments
No changes may be made to the LPA license during the licensing term without a written amendment of the license by the Department. Allowable mid-term amendments include the following:
1. Source of stock
2. Species
3. Mooring Type/Layout
4. Assistants
5. Contact information
6. Maintenance Standards
A. All aquaculture gear must be maintained, and kept in a fully operational condition. The license holder is obligated to collect and or remove any loose or errant gear or equipment that is dislodged from the licensed site.
B. Each LPA site that has gear on it must be clearly marked at each corner, centerpoint, or at each end of the gear, as is appropriate to the gear type deployed, with a marked buoy. LPA Site ID and “Sea Farm” must be clearly displayed on every buoy. The marked buoys shall be readily distinguishable from aquaculture gear.
C. LPA license sites must be marked in accordance with the United States Coast Guard’s Aids to Private Navigation standards and requirements.
[end of MDR Rules Chapter 2.90 Limited-Purpose Aquaculture (LPA) License
2.95 Water Quality Classifications & Shellfish Aquaculture
A. Compliance
1. Applicability: This section applies to those persons who are issued an aquaculture lease pursuant to 12 M.R.S.A. §6072, §6072-A, or §6072-B, or a limited-purpose aquaculture (LPA) license pursuant to 12 M.R.S.A. §6072-C.
2. Water Quality: Water quality at any site used for aquaculture shall meet the criteria for the approved, conditionally approved, restricted or conditionally restricted classification, except for the culture of seed, as described in 2.90(3)(D) and 2.95(A)(4).
Any shellfish harvested pursuant to an aquaculture lease, or permitted site, shall be subjected to relaying or depuration prior to direct marketing if the culture area or facility is located in or using water which is in:
(a) The closed status of the conditionally approved classification;
(b) The restricted classification; or
(c) The open status of the conditionally restricted classification.
Relaying and depuration of shellfish requires a permit pursuant to DMR Regulations Chapter 94.
3. Closed Area compliance: Direct market harvest of shellstock is prohibited in areas that are closed due to marine biotoxins pursuant to Chapter 96 and bacterial pollution pursuant to Chapter 95, and in those areas that may be closed by the Department. For details about closure lines contact Marine Patrol Division I, west of Port Clyde, Tel. (207) 633-9595 or Marine Patrol Division II, east of Port Clyde, Tel. (207) 667-3373, or telephone the Shellfish Sanitation Hotline at 1-800-232-4733 or on the web at: http://www.maine.gov/dmr/shellfish%20sanitation%20hot%20line.htm .
4. Seed Shellstock
(a) Seed from growing areas in the prohibited classification must be moved to approved, conditionally approved, restricted or conditionally restricted growing areas before exceeding the maximum seed size as defined below. The length is measured along the longest axis.
i. American oyster (Crassostrea virginica): 0.5 inch total length
ii. European oyster (Ostrea edulis): 0.5 inch total length
iii. sea scallop (Placopectin magellanicus): 1.5 inch total length
iv. bay scallop (Argopectin irradians): 1 inch total length
v. softshell clam (Mya arenaria): 0.75 inch total length
vi. hard clam (Mercenaria mercenaria): 0.75 inch total length
vii. blue mussel (Mytilus edulis): 0.5 inch total length
viii. razor clam (Ensis directus): 2 inches total length
Aquaculturists growing seed in areas in the prohibited classification must have a Department approved operations plan that includes corrective actions for addressing seed exceeding the maximum size. The approved corrective actions shall be implemented when maximum seed size is exceeded. Failure to implement the approved corrective actions will result in destruction of the seed.
(b) Seed for LPAs must meet the requirements of the Health Areas in Chapter 2.90(3)(D) and 2.05(1)(J).
(c) Inspection: The Commissioner and his/her agents may inspect the lease site, seed, operations, and business records of individuals cultivating seed in areas in the prohibited classification.
Drinking water wells of Penobscot Bay and lower Penobscot River tested by Maine DEP for contaminants. Click links for selected sites from each location. Read each well details at this link (zoom in)
Key Issue 1 Need for consistency with regional growth plans. Maine's Coastal Program has carried out
The project will diminish public access to Rockland Harbor and to
Penobscot Bay by taking submerged lands currently used for public moorings as they have for a century. That taking include moorings space traditionally used by the city's commercial fishing industry.
The project will also make navigating in and out of the harbor using the city's municipal channel more difficult and certainly less safe for small craft, including the hundreds of kayakers that use the municipal channel. This merely to benefit the mega yacht sector, a tiny, minuscule percentage of the vessesls preently using Rockland Harbor part of the which wants to take over an unacceptable amount of the public harbor .
Key issue 2 SCENIC VIEWSHED PRESERVATION
The project will resulting in a substantial degradation of one of Rockland's most important visual resources, by building a mega yacht- friendly expansion of an existing marina in a way that will block all or part of this viewshed which stretches out to the harbor lighthouse, then 14 miles across an unspoiled expanse to the Fox Islands, (Vinalhaven and North Haven)
Important irreplaceable and limited viewsheds such as the downtown Rockland Harbor viewshed, with its substantial public pedestrian use and access should not be degraded.
Under NRPA's Chapter 315 “A scenic resource visited by large numbers who come from across the country or state is generally considered to have national or statewide significance. “
The Rockland Harbor viewshed is certainly of national and regional significance. Given the tens of thousands of visitors to Harbor Park every year, whether ordinary sightseers or those attending Rockland's famed Lobster Festival and its Blues Festival
Maine DEP confirmed the value of Rockland's viewshed when it twice rejected attempts by the owners of the Samoset Resort to build a private marina alongside the Rockland Breakwater.
It was rejected for the view and soundshed degradation and its area denial to harbor fishermen who had been setting traps there for generations and denial to other existing users. See attached DEP's 2001 and DEP's 2007 documents. Note these are transcriptions of the original documents. These are DEP decisions, their review under NRPA found much about Rockland's visual resources to be useful for your consideration
Note that the state rejected the visual impact analysis carried out by a Samoset consultant and found when the visual analysis was redone accurately,the degradation of the city viewshed was far more significant than the applicant had claimed in its application.
While this is a brief set of comments,I believe that BPL knows the value and irreplaceability of Rockland viewsheds. And the importance of public access to moorings,. And safety during in-harbor navigation. Those would be unacceptably compromised by the construction and operation of Safe Harbor's proposed expansion of this marina to benefit a private business by attracting view-killing megayachts to visit and or stay in the city's cramped inner harbor.
From Georges Bank to Penobscot Bay and the rivers and streams that flow into Maine's biggest bay
Today we're going back to the m,aine legislature to look at LD 2003 "An Act To Implement the Recommendations of the Commission To Increase Housing Opportunities in Maine by Studying Zoning and Land Use Restrictions"
Is this a fair housing bill or a fair sprawl bill? The antisprawl folks say one thing, pro-growthers another
2. Prohibits municipalities from adopting any ordinance that caps the number of building or development permits each year for any kind of residential dwellings. everybody can build accessory houses in designated grow areas...
Bill sponsor Legislkator Fecteau explains it "The bill would allow, in any zone in which housing is already permitted, for structures with up to four dwelling units to be built.
Let's take a visit to the legislative sausage factory and see how this bill LD 2003 goes through it.
ld 2003. Fair Housing bill or a Fair Sprawl bill?
The antisprawlers say one thing, growth advocates another.
On April 7, 2022 , the Labor and Housing Committee held a final worksession on LD 2003. They then voted Ought to Pass (as Amended)
During the session Speaker of the House Ryan Fecteau gave a lengthy presentation, punctuated for Q&As among the committee members whcih gradually added Q&AA great deal was a discussed over the past hour in its final work sesson which now continues
On April 7th Speaker of the House, Ryan Fecteau gave a lengthy presentation on LD 2003, with stops for committee questions and answers subtopic of the bill LD 2003.
Fecteau "The bill would allow, in any zone in which housing is already permitted, for structures with up to four
dwelling units to be built. It would also allow accessory dwelling units in all Maine towns. Under this bill,
towns and cities can still enact and enforce regulations to protect their water and sewer systems and their
setback requirements. They still must comply with state shoreland zoning laws protecting our precious
natural resources. Under this bill, towns and cities simply can’t prohibit accessory dwelling units simply
because they are accessory dwelling units, or multi-family housing just because it is multi-family housing.
LD 2003. Fair Housing bill or a Fair Sprawl bill? The antisprawlers say one thing, growth advocates another.
As I write 4:40pm April Seventh, the Labor and Housing Committee is reassembling from a break to finish discussion on LLD 2003.
Fecteau gave a lengthy presentation punctuated for Q&As among the committeementbes whcih gradually added Q&AA great deal was a discussed over the past hour in its final work sessino which now continues
Allow up to 4 homes on what is presently single family owned
2. . Prohibits municipalities from adopting any ordinance that caps the number of building or development permits each year for any kind of residential dwellings