A bill that I had introduced in 2019 by Belfast State Rep Janice Dodge. Require cumulative impact study when more than one Land Based Aquaculture operation gets proposed in a single waterbody. (a bay or reach of a river)
| 1. | LD 620, HP 448,129th Legislature | An Act Regarding Licensing of Land-based Aquaculture Facilities |
| Bill & Fiscal InformationPrinted LD PDFLD Quick ViewWord Document | ||
2 MERCURY
We are requesting expansion of Maine's safe eating guidelines for fresh water and salt water species to include Recirculating Aquaculture System (RAS) salmon tankfarms raised in waters with known mercury restrictions based on those guidelines.
Specifically the new label would be for Atlantic Salmon and other fishes raised in Recirculating Aquaculture System facilities , when the incoming habitat water for the tank-farmed salmon is taken from rivers and/or lakes with fish or seafood consumption warnings imposed by the state for pregnant and nursing women, women who may get pregnant, and children under the age of 8.
Or where wild harvest is prohibited due to mercury concerns as in the case of Lower Penobscot River's lobster and crab fisheries.
We think that DEP has erred by declining to adopt an incremental precautionary approach to the health safety impacts from the introduction of the new Recirculating Aquaculture into Maine's top wild salmon waters: Penobscot River and Penobscot Bay.
Expressing an inadequate “best professional judgement” that the fish grown in a lower Penobscot river-dependent RAS operation proposed for Bucksport probably would not violate state mercury safety standards.
Importantly, even then, DEP is only referring to the discharge wastewater, not the content of the flesh of the fishes themselves.
Suspended mercury levels in these waters will vary as tanker ships, cruiseships tugboats and the annual snow melt stir up and re-elevate mercury-tainted lower river sediments . Whatever systems the company proposes for mercury removal from incoming river and lake water must be able to adapt as the area's water concentrations of methylmercury rise and fall.
Our concern is that, despite their best efforts, the mercury concentrations in the RAS salmon fish tissues will fluctuate. This would vary based on the location and seasonality of the salt wedge in the lower Penobscot River, where sediments can resuspend as currents collide at this fresh salt interface.
For that reason, we believe that mercury advisory guidelines be developed.specifically for fishes raised in tanks whose waters are sourced in lower Penobscot River and Hancock County lakes and ponds.
The state currently suggests that fish from waters of "Penobscot River below Lincoln" be limited to "1-2 fish meals per month"
Penobscot River below Lincoln: | 1-2 fish meals a month |
While it may never need to be imposed, it is critical for the public health agencies have an advisory's language already drafted for this new class of salmon, that, unlike landlocked salmon and open ocean net pen salmon, must spend their entire lives bathing & breathing waters known to have elevated mercury levels. The potential for significant mercury uptake in RAS tank farmed salmon is real in our estimation.
It is prudent for the State of Maine to act NOW and preemptively develop a guideline mercury standard for the flesh of RAS fish raised entirely using state waters known to be contaminated by that metal. For RAS applicants the potential for label requirements will be a powerful incentive to those and future applicants to take this issue very seriously from the start.
The new advisory and label will be timely. This new system of fish farming in Maine is drawing many investors. Maine is touted by the seafood industry press and media as one of the most desirable states in which to operate these facilities. We have little doubt that Penobscot Bay and its tidal rivers will feature greatly in such initiatives,
It is imprudent to waiting until more of these facilities dot the shores of Maine rivers, bays and coasts, and the industry gets the clout to challenge creation of such standards.
Such an advisory label, clearly visible to potential buyers,would be used by: in three venues
* Wholesale distributors' invoices of product from a RAS facility with such water quality challenges.
* Retail and online outlets where said product is sold fresh, frozen or processed,
* Advertisements and commercials promoting said product from that facility
At Issue: Unlike landlocked salmon, RAS farmed salmon are raised in both freshwater and saltwater tanks during different stages of their lives. When the freshwater for an RAS facility is drawn from a lake sufficiently contaminated with mercury to have an advisory for its fishes, and then the saltwater for that facility's fishes' post-smolt phase of their lives is drawn from a section of a river closed to crustacean harvesting due to mercury contamination, the farmed fish will have at least double the exposure to mercury.
Our mercury advisory request presently concerns the proposed use of Penobscot River water pumped ashore in Bucksport Maine to raise Atlantic salmon in a land based recirculating aquaculture operation that would be joined by freshwater from a Bucksport Lake that also has a mercury advisory.
According to court ordered and peer reviewed studies, the high turbulence of river waters adjacent to the town of Bucksport resuspends more mercury into the water column there than anywhere else on the river.
Significantly, the level of mercury in this reach of waters may be grossly underestimated, due to incomplete testing. After revealing very high levels of resuspended mercury, the sampling device used in the Penobscot River Mercury Study failed, preventing a fuller understanding of the mercury content of the Bucksport water column. ( (PMRS Ch7).
A RAS facility that uses river and lake waters that are under mercury advisories may assert that certain filtering processes will remove a large percentage of mercury from those waters before their seafood species are immersed in it.
This is only a partial removal at best, and is yet to be proven for waters pumped continually into and through the facility at a very high rate and in such large amounts, as RAS facilities require, with varying levels of mercury in them
At best the organisms raised in such waters their entire lives would have lower levels of mercury (but most certainly not mercury-free)
At worst would have MEHG levels above the state's food safety advisory trigger. That they are raised in a concentrated area with little of the variability of wild fishes.
Moreover the aforenoted incomplete records of mercury contamination off Bucksport may skew the decision making on how much mercury must be removed to let the RAS facility's fish avoid labeling.
Until such time as a reliable study clarifies the amounts of mercury actually in Bucksport waters, we request the department to be responsibly precautionary and require safe eating guidelines labeling of aquaculture products raised in waters that are under state and/or federal mercury advisories.
In closing, we must again emphasize that as interest in siting RAS aquaculture facilities in Maine grows ,it is imperative that the state of Maine protect health of consumers of RAS aquaculture products raised with such waters, by requiring the appropriate health advisory labels to be affixed to the products whether fresh, frozen or processed.
The advisory would warn pregnant and nursing women, women who may get pregnant, and children under age 8 not to consume fishes from RAS facilities raising fishes using significantly mercury contaminated waters, and for others to limit their consumption of salmon from such a facility to once per month.
SUGGESTION We would like to work with Maine CDC and this new industry to ensure that our concerns are reviewed and that, as needed, the products of land based recirculating aquaculture systems are listed appropriately in the state's Safe Fish Eating Guidelines.
On April 27, 2021, Under Current News' Matt Craze held a webinar with a group of RAS aquaculture experts from around the world, on the status of efforts to "mainstream" land based fish farms. Titled "Dissecting the land-based aquaculture trend", It seems the New Frontier is genetically engineering fish to fit the technology and new feeds, instead of improving technology to fit the fishes' needs!
Matt Craze's question to GE Fish expert John Buchanon of the Center for Aquaculture Technologies: "What's your angle on the broad challenges to Land Based Aquaculture becoming mainstream?
JB: "Could argue it's already become mainstream. Lots of discretions and investment and activity in the sector. Big commitments initially were around engineering - and it's still a major focus
"Feed obviously has to be a focus. The way the diets are formulated is quite different. It needs to be optimized for RAS food.
"Last step of the puzzle is the genetics of the fish. RAS is a very capital intensive investment. Elements are very well understood. Once you get to scale, then investment in improving the fish makes sense.
"We are approaching that point, especially for salmon, but many other species, for improvement in growth as you are moving fish through the tanks; while you're waiting for the biomass to grow. There's inefficiency there that can be recaptured with faster growing fish. Very simply.
"Obviously better SCR or the waste products from the fish that allow biofilter to support a larger biomass would be fundamentally transformative to the the industry and to profitability
"In my past I was director of R&D for Aqua Bounty. We are looking at biotech solutions to solve these problems. They can be addressed though breeding and new technologies in genome editing. RAS is also contained.
"There's a lot of benefits to really taking the next step in the industry and getting the genetics to complement both the feeds and the engineering. A good opportunity for the future."
End excerpt.
On April 27, 2021 Undercurrents News held a webinar Dissecting the land-based aquaculture trend.
Start with introductions. Then host Matt Craze summarizes the state of LBA, A discussion of the sustainble trophic LBAs .What biotech is up to. Then listen to the the struggle between East and West: the Asian model: investing in small farms that grow inexpensive species, affordable to rich and poor alike vs the West's AQ strategy of growing and peddling its elitist 11 dollars a pound salmon fillets. Salmon will feed the world!" Don't be ridiculous!
1 Introduction of speakers 5min 34sec
2 Matt Craze the state of LBA globally 4min 25sec
3 Sustainable Trophic LBA 3min
5 Low Cost Asian LBA less expensive species 4min 33sec_
PONDERABLE: how far will Kingfish AQ's waste output effluents be transported by the Eastern Maine Coastal Current?
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Upstream Watch 80-C Superior Court appeal 12/16/20 28 pages.
Below, read the interleaved commentary of two of Penobscot Bay's fiercest defenders: Conservation & Environmental Attorney Kim Ervin Tucker's and Paul Bernaki licenced longtime wetlands, uplands and and intertidal and subtidal lands consultant for our area,
Here the two dissect the Army Corps of Engineers June 18,2020 Sediment Analysis Plan for Nordic Aquafarm's application to dredge mercury-tainted sediment from SW Belfast Bay from the intertidal to the gas crater field offshore, and lay bare the various anti-bay efforts that the Mills Administration has made to try to get the company's salmon tankfarm plan rubberstamped into approval. -RH
"Comments for the record "of the Nordic combined applications before the Maine DEP. It is also a comment for the record of the USACOE applications for the Nordic /Cianbro project .
As some of you know , the SAP (Sediment Analysis Plan) forwarded below produced by The USACOE was " released " by the office of Council of the USACOE on friday to the Parties { legal intervention parties, Towns and NGO } of the BEP/DEP Nordic , multiple application , Major Project review to and through Kim Tucker ESQ council for Mabee /Grace , the Maine Lobstering Union and the Friends of Harriet L Hartley Conservation Area .
This "release" , released now to everybody, is approximately eight days after Ms Ransom received it from The Project manager handling the USACOE application for Fill , Structure , Dredging , Sidecasting { deposit into the waters }
{ Funny I am not familiar with the section of the CWA that details the "temporary" side casting , re Deposit into the waters of dredge spoils and the time limit that qualifies or quantifies "temporary " and the exact method and RIM requirements of the review of such "temporary " activity . } ,Blasting , Removing obstacles , filling depressions ,dewatering dredge spoils, Transport / dewatering from Barges into the waters , speculative Mack point dewatering facility or the resulting point source Discharge . etc .
It seems that according to the USACOE that the unknown persons with suitable qualifications on staff of the Maine DEP reviewed the "draft " of this SAP and then again someone signed off on this draft on Behalf of the Maine DEP . [Included in the recent MGL FOAA Request to DEP , pending]
As it is clear that this SAP is as of this point a critical and repeatedly called for and then accepted part of the review by the Maine DEP/BEP process , The Maine DMR , and the USACOE process and that the results of this SAP testing are critical to this review and constitute new evidence ;
I would like you all to know that the record is now reopened on all of the prematurely "closed " records of proceedings before each of the Maine agencies that were and are required by law to review , and to receive comments from the effected towns , citizens , fisheries and NGO on such important and potentially destructive industrial proposals . This is not a question of "if " but a question of How the BEP, the Attorney Generals Office , and the Administration' s of the Maine DEP and DMR will legally proceed with The Nordic /Cianbro comeuppance resulting in the resetting of most if not all of the application review process/ hearings / comment periods on multiple related subject matter .
{Perhaps the lack of Notice to the Town of Searsport and Isleboro should be rectified at this point ?}
The USACOE "record " is never "closed" until final action is taken on a Rivers and Harbors Act and the Clean water Act , application to dredge /fill/deposit/ structure . The Maine DEP in order to "review and accept" the SAP Draft , reopened the record {albeit unknown to the parties } .
Likewise the formal transmission to Mr Hiem's Agent for the various Maine DEP applications and the USACOE application , Ms Ransom , constituted the reopening of the record regarding every thing related to the Construction , the Benthic effects , the fisheries impacts, erosion and deposition of released sediments, the effect on structures in the vicinity of the construction, the effects on the recreational and commercial users of the Penobscot Bay in regards to all aspects of water quality, fisheries, Critical Fisheries Habitat , the Endangered Species act and the sediment and erosion control measures , as well as all related aspects of review of the pipeline and its construction and post construction environmental impacts .
The subject matter of a SAP and its results are critical to many aspects of the review in regards to NRPA , CWA , and a host of other federal and Maine agency acceptance of expert and lay comments and reviews thereof
{.Too bad the Maine DEP and the Maine office of the USACOE didn't require this SAP as a result of the TIER one desktop review last year !.}
Having a detailed analysis of the saturation , the grain size , the contained contaminants , the actual stratifications and "suitability for backfilling " the geotechnical properties of these sediments along the proposed pipeline installation and the specific locations and qualities to depth of the sediments extraction , will create a new set of reviewable data that will require the engagement of suitable experts . { replacing the unacceptable " only an estimate of unsuitable materials and an unknown level of contaminants in that unknown amount of "unsuitable " dredge spoils , on the abandoned location ,
We all will {including Ms Tourangoey} be looking at the actual amounts to be dredged, side cast , re-dredged , dewatered , Blasted , " Hoe -Rammed" etc. This process of review by the DEP/BEP ,DMR and Experts engaged by the towns and other parties must not be rushed , and especially because of the disruption to "business as usual " aspect of the national and state emergency created by the Pandemic still raging across our country , and all resulting considerations of actual Due Process to be regarded .
As to the actual SAP , although the details of the sampling ,the called for methods of extraction of samples and the lab tests appear to be acceptable in regards to the RIM and Green Book ; { Thanks Steve }
The exclusion of the "resting on the seafloor" "suspended above the seafloor" intake pipe, 3OOO foot extension across the Holocene Mud sediments, out to some 55 feet of depth, directly effecting Isloboro and Northport/Bayside , and on the very edge of the Pockmark locations and Methane deposits , { as commented on by Steve Dickson to Maine DEP Land administration, and as shown on the Brothers Graphic , USGS Staff } , from the test locations requirements , despite the comments and questionings of the parties and interested persons, is unacceptable .
This exclusion from the SAP Sediment Analysis Plan of this portion of the Cianbro/Nordic construction involving unspecified , un-quantified , and un-located sediment dredging and sidecasting , including heavy barge mounted equipment "grading and filling " ,
minus an actual to depth geotechnical and chemical contaminant content test and analysis , is an unacceptable risk to the environment in light of the already detailed and in the record of the various applications to state and federal agencies , detailing the effects of scour , sediment transport and redeposit ,on the surrounding benthic habitat and the Beaches of Bayside / Northport and Beyond , {as well as DR Petigrews commit that the current and circulations data are insufficient for review of TSS transport and mixing/deposit and contaminant mixing considerations }
Failing to include this portion of large scale industrial installation activity and the entire footprint of that activity in the SAP will only result in further delay of the resolution of the issues presented by the applicant’s proposed activity and does not serve any ones interest or the LAW .
I am disappointed in the exclusion of these issues and locations in the SAP in Spite of the expert comments in the record supplied by myself and others to these records and directly to the US EPA and The USACOE who have responsibility along with the Maine DEP of the creation of the SAP before us . As the Drafting process was a secret and Internal agency process not FOAA or FOIA accessible , found by SCOTUS to be "chilling" on agency and intra agency review process ;
We are left with no recourse other than continue to comment on the record that Cianbro heavy construction equipment should not be let loose on the Bay without suitable detailed plans , showing exact locations and amounts of displacement of marine soils , geotechnical testing and contaminant testing of all areas of the industrial construction process for the entire project .
Thank you all for your attention to these detailed and lengthy considerations of the newly “released” SAP , I look forward to the next several years of thrashing this through with you all .
Paul Bernacki , Homeplace Team coordinator
For more than a year, multinational and local aquaculture interests, pitted against community activists and bay fishery and conservation groups, have brawled their way through municipal and state hearings and public events.
Salmon tankfarm opponents are rightfully livid over Maine DEP's acting chief Melanie Loyzim's actions on the controversial salmon tank farm plans by Nordic Aquaculture proposed to discharge into Belfast Bay 
