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Nov 22, 2013

Belfast City Council joins baywide call for EIS study on Searsport megadredge & spoil dump plan



Belfast City Council votes to join other concerned towns around Penobscot Bay in calling for EIS of  Searsport harbor expansion dredge/disposal plan

Listen to the Belfast City Council (8min 30sec) on November 19th  reviewing a
letter from Islesboro's selectboard and then voting to join the chorus of towns around the bay calling for preparation of an Environmental Impact Study on the controversial Searsport Harbor  mega-dredge plan.

Listen to Friends of Penobscot Bay board member Peter Wilkinson speak to the Council in support of their decision to call for an EIS for the project.

Wilkinson pointed out that one of the top concerns is the  release and resuspension of a lobster-choking witches' brew of  mercury and other toxics into the waters of the upper bay, , with predictably severe impacts on lobstering

 Belfast resident Tony Kulik also spoke to the Belfast City Council urging them to send a letter to the  Army Corps of Engineers concerning the dredge spoils threat.

 Media coverage of the City Council meeting.

Media coverage of 11/18/13 Belfast city council vote to join bay towns calll for EIS of megadredge plan.

Belfast Republican Journal
City to send letter asking for further study of potential impact of project

Council raises concerns about proposed dump site for Searsport dredging project

BELFAST — Belfast councilors weighed in on the proposed plans to dredge Searsport Harbor at Mack Point and called for more environmental review before the project moves forward.
The proposed dredging by the Army Corps of Engineers in partnership with the Maine Department of Transportation calls for removing nearly 1 million cubic yards of material from the harbor. The spoils from the dredge would then be dumped off of Islesboro or at a Rockland site.
Specifically, the dredging project would involve increasing the depth of the entrance channel and turning basin in Searsport Harbor from its current depth of 35 feet to 40 feet deep. In addition, the entrance channel would be widened at its narrowest point from 500 feet to 650 feet wide.
Finally, a maneuvering area would be created in Long Cove, which is adjacent to the eastern berth along the State Pier, according to the ACE.
Because of the potential impact to the island community, the Islesboro Board of Selectmen asked the city to send a letter to the ACE requesting a detailed Environmental Impact Statement or a full Supplemental Environmental Assessment be completed before the dredging project begins.
In the letter sent to the council, the Islesboro selectmen state the proposed dredging would “have an adverse effect on businesses in the region, especially lobstering, boatyards and the service sector built upon a scenic and environmentally viable bay.”
Later in the letter, the selectmen state that they are not questioning the need for minor dredging in Searsport Harbor, but that their issue is with the amount of material proposed to be dredged.
During the public comment portion of Tuesday's meeting, Belfast resident Peter Wilkinson urged the council to not only send the letter requesting additional study of the project, but to demand that the studies be completed.
Wilkinson said there is concern that the amount of material that will be removed as part of the proposed dredging project will allow for further development at Mack Point — possibly in the form of a deep water cargo port.
“If it became a deep water cargo port there would be such disruption of the bay it would make the formerly proposed LPG tank seem somewhat benign in comparison,” Wilkinson said.
City Manager Joseph Slocum noted in his manager's report to councilors that he spoke with a local fisherman who said the area where the dredge spoils would be dumped off of Islesboro is a valuable resource for incubating young lobsters.
Councilor Mike Hurley said he also spoke with local fishermen who had concerns about the location of where the spoils would be dumped before he motioned to have the city send a letter to the ACE asking for the Environmental Impact Study or a full Supplemental Environmental Assessment.
After further discussion, Hurley clarified that the council is not opposed to the dredging but it is concerned about the location where the dredged materials will be dumped.
Mayor Walter Ash agreed and questioned whether a suggestion could be made to the ACE to consider dumping the spoils on land as opposed to in the bay, which could negatively impact fishing grounds.
“I'm quite concerned about it myself,” Ash said of where the spoils would be dumped.
Councilors unanimously approved Hurley's motion to send a letter to the ACE asking for further study of the dredging project before it begins

Nov 17, 2013

DMR's Environmental Coordinator: Powerful official, little accountability.

Brian Swan was the Maine Department of Marine Resources  Environmental Coordinator for nearly 20 years.  This made him one of Maine's most powerful yet little known environmental officialsWhy is Environmental Coordinating a powerful job? Read on.


Brian Swan: Does he or doesn't he?
The Environmental Coordinator is responsible for "conducting/coordinating environmental impact reviews for permits and federal consistency determinations for projects in the coastal zone".(1)

Such projects include "Wetland alteration, pollution discharge and dredging/dredge material disposal, both in organized and unorganized territories."  


 When developers come around with applications for coastal or marine development projects, the Environmental Coordinator's job has been to speak for Maine's marine resources. The fate of Maine's plankton, finfish, shellfish, seaworms, seabirds, seaweeds, eelgrass and marine mammals, the fate of the public's and shoreowners' access to the state's coastal waters, the fate of dredging and ocean windpower projects all rest in his hands. 

Why? Because the agencies that issue or deny permits or pollution licenses to developer wannabes consider the Environmental Coordinator's recommendations to be authoritative. 

If he tells a state or federal agency  on environmental permits and licenses like Maine DEP, Bureau of Public Land or fed agencies NOAA and Army Corps of Engineers that there will be "no significant adverse impact" from a dredging project, or armoring an eroding shoreline with boulders,  then those agencies then check off the box for "habitat and water quality of Maine's marine and estuarine fish and shellfish" in the development application. If the E.C. says otherwise,then its full stop for the developer.

What makes the Coordinator so powerful?  To put it simply: without his okay, neither the Army Corps of Engineers nor other federal or state agencies can approve development projects in Maine's territorial sea  or in her her bays, tidal wetlands or tidal rivers. 

This pursuant to the federal Coastal Zone Management Act or CZMA. As Maine's  2013 Guide to the Coastal Zone Management Act notes: 

"A federal license or permit, or other form of federal approval, certification, or authorization, listed below, may not be issued until the State concurs that the proposed activity is consistent with the enforceable policies of the Maine Coastal Program."

The Environmental Coordinator is the Maine state official who must concur on whether or not the applicant has met the "consistency standards" requirements of the Act.

Will a project have a  "significant adverse impacts to marine resources, traditional fishing, recreation, navigation or riparian access",

Whether it is a mammoth dredging project proposed by the Army Corps of Engineers, the U.S Navy seeking to test sonar off Bath, the UMaine's DeepCwind Consortium floating windpower project off Monhegan, or a coastal homeowner seeking seeking to armor an eroding shoreline, if the Environmental Coordinator decides it'll have "significant" adverse impacts to our state's marine cology " adverse" then its not going to happen.   Details Here federal and here state

Do the Environmental Coordinator protect marine living marine resources or doesn't he?  
Good Bryan



Hard to say. The  record of Maine's former EC  conserving Maine's marine resources is hard to tell. For as far as Mr. Swan was concerned, his decisions and his records were seemingly none of our business. 

In the few Penobscot Bay area Environmental Reviews he has released - under pressure - Mr Swan has warned against   found "no significant impacts" in development proposals that terraformed the shore in Owls Head, Camden and Belfast
Bad Bryan

Is this a trend?  At a recent meeting and email correspondence recent and past, Mr Swan has shown extreme reluctance to making available the memos he has sent the Army Corps of Engineers and Maine DEP over the past two decades, advising them on the environmental impact to marine resources of these projects of reviewing development projects around Penobscot Bay.

Mr. Swan is also "responsible for environmental impact reviews on projects seeking public lands leases on publicly owned submerged and/or inter-tidal lands, which could have an effect on Maine's fisheries infrastructure, as well as reviewing and commenting on municipal comprehensive plans which may affect marine, estuarine and riverine resources"

Quite a loaded plate for a single midlevel DMR official!

He must be familiar with  local, state and federal officials and the  rules regulations laws and ordinances they regulate, ranging from municipal clam committees to Maine DEP, Maine DOT, the Bureau of Public Lands, the Army Corps of Engineers, NOAA and the Federal Highway administration.

When one of those agencies or municipalitiies needs to know if a development proposal would harm Maine's marine ecology, they ask DMR's Environmental Coordinator. Whatever he tells them they accept as the facts, and use it to inform their permit decisions.

From all evidence, however, Swan  rubberstamps every_ coastal sprawl application brought before him!  It doesn't matter if it's a homeowner wanting to "armor" 50 feet of a naturally eroding shore, or Sears Island's port wannabees. Or giant gas tank applicant DCP Midstream-which yearns to gobble acres of coastal forest, turning the natural tea of forest runoff there into petrol-tainted "stormwater" from its asphalt concrete and steel replacement of the existing forest, wetlands and peat.

He approves them all. No matter how big or small, it's always "no significant impacts".  At least that is what one must conclude by reading the few "reviews" of he has written that he has - very  grudgingly -  released.

Are coastal developers so ecologically conscious lately, their projects designed with such exquisite sensitivity?  Evidently Swan thinks so.

We've tried to get him to release copies of the "Impact reviews"  (aka "comments"  that he has written on development projects around Penobscot Bay.  But Brian "No significant Impact, no public hearing" Swan says he can't do that.   He only files projects by the owner's name. And, now,  he can't supply a list of those names. In fact, he says, why don't I go away? Go ask the Army Corps of Engineers for what he sent them, he urged. Or Maine DEP.

So I asked the Army Corps guy: he said get them from Swan. Swan's the originator. He is right of course.

But when I met with Swan, even though his filing cabinet and computer were only yards away from us, he said it would take up to four full work days of sustained effort to find his own files. Regrettably,  have to charge me $400 bucks or more for having to spend all those days hunting through his file drawer of "reviews" he wrote last year.

The tenacity of his opposition to revealing his own work product (not a scrap of it "confidential" by the way) strongly suggests that Brian Swan has something to hide.

rules and laws that restrict and guide development and conservation Maine's coastal zone and the interested parties from across the social and economic spectrum.  He must have the strength to hold firm in dedense opf anture and when to compromise

Under the state's rules, Brian Swan can order a public meeting or even a public hearing be held on a development application, either on his own judgement or based on a show of significant interest from interested persons.  For, the more input he gets from the interested and affected coastal public and private interests, the better his evaluation must surely be.

So how often does Maine Department of Marine Resources's Environmental Coordinator call a public meeting or hearing? 


Public Notice or Legal Notice # 3456348

PUBLIC NOTICE Notice of Intent not to hold a Public Meeting The Department of Marine Resources (DMR) has determined not to hold a public meeting on a proposal by Bath Iron Works to conduct maintenance dredging of up to 65,000 cubic yards of sandy material about every three years over a ten year period from an ~ 0.40 acre area within their dry dock Sinking Hole, a 5.5 acre ~ - 70 ft. MLW deep area previously constructed in the river. Disposal of materials would be in the river north of Bluff Head, Arrowsic in ~ 98 ft. of water, a location used by the Corps of Engineers for disposal of dredged material from the Kennebec River federal navigation project. Pursuant to 38 M.R.S.A. ?480-D, sub-?9 DMR will accept verbal and written comments in lieu of a public meeting. If five or more persons request a public meeting within 30 days of this notice, by June 16, 2012, DMR will hold such a meeting. Contact: Brian Swan, DMR, P.O. Box 8, West Boothbay Harbor, ME 04575; tel.: 633-9510. #4593236




Posting Date:05/17/2012

Nov 16, 2013

Penobscot Bay's sewage plants dump 2.4 billion gallons of treated wastewater into the bay every year

What do the people of Rockland, Camden, Belfast, Searsport, Castine, Islesboro and North Haven have in common? Our sewage treatment plants discharge about 6.5 million gallons of treated wastewater into the bay per day, or 2.4 billion gallons per year. 

Operating a sewage treatment plant is both an exacting technological process and a demanding art. Maine DEP monitors the outfall reports from these operations, praising those which stay within their discharge limits and prodding those that don't into bettering their ways. 

Here are  links to each of these towns' most recent DEP wastewater treatment licences and their DEP ID numbers

Note MGD = million gallons per day
Rockland
Rockland  
3.3 MGD  5.7bypass
 Rockland POTW, City of (PDF) (25 pp, 216K)ME010059511/21/2009

Rockland (Atlantic Ocean)
Rockland POTW, City of (PDF) (84 pp, 229K)ME010059512/21/2007

Rockland(RocklandHarbor)
Rockland POTW, City of (PDF) (13 pp, 102K)ME010059501/31/2008



Camden (Camden Harbor Watershed) 1.21MGDCamden, Town of (PDF)(32 pp, 3MB)ME010013707/18/2003






Belfast (Belfast Harbor) 
1.49 MGD 
Belfast POTW, City of (PDF) (81 pp, 3.2MB)

ME010153202/18/2011
BelfastMoore’s Septic, Inc. (PDF)(40 pp, 3.2MB)
MEU50825910/03/2012


Searsport  0.20 MGD Searsport, Town of (PDF) (79 pp, 1.4MB)ME010196611/12/2008


Islesboro 
(East Pen Bay)   0.0637 MGD
Islesboro, Town of (PDF) (11 pp, 1.8MB)ME010026901/20/2012


Castine Castine POTW, Town of (PDF) (15 pp, 55K)ME010119203/12/2008
0.126 MGD (Castine Harbor)Castine POTW, Town of (PDF) (77 pp, 2.3MB)ME010119212/29/2009


North Haven Drinking H2O filter plant  MGDday (Fresh Pond)North Haven DWTP, Town of (PDF) (34 pp, 1.1MB)ME010248208/02/2012
 2,000 GPD (0.002 MGD)North Haven DWTP, Town of (PDF) (22 pp, 1.1MB)ME010248206/15/2007


Vinalhaven(Atlantic Ocean) 0.129 mgdVinalhaven POTW, Town of (PDF) (49 pp, 2.1MB)

Nov 9, 2013

At 11/6/13 press conference, legislators & public called for EIS of Searsport dredge plan. Audio of meeting

On November 6, 2013, bay activists held a well-attended press conference to discuss requiring the Army Corps of Engineers to carry out an environmental impact study of the proposed expansion dredging of Searsport Harbor.

The press conference featured three state legislators from the Marine Resources Committee, and an Islesboro selectman. It was also attended by concerned citizens.

Below are recordings (mp3) of the speakers and the questions they received from journalists and the public.

1 introduction 1 min

2 Representative Kumiega Chair Marine Resources Committee 1 min 34sec 

3 Senator Chris Johnson Marine Resources Committee  2 minutes

4 Rep Mick Devon, Marine Resources Committee 3min35sec

5. Arch Gillies, Islesboro Selectman 4min 35 sec

6 Q&A 1. 6min 37sec

7 Q&A 2. 5min 189sec

8. Q&A 3.  3min 47sec

9. Q&A 4.  4min 15sec

More photos from event 

Nov 7, 2013

Maine Legislators and Penobscot Bay communities call for dredging study - Republican Journal's meeting coverage



Legislators join bay communities in call for dredging study

Project challengers air concerns about economic, environmental impacts
BELFAST — Representatives of regional environmental groups joined three Maine Legislators Wednesday, Nov. 6 to formally request that the the Army Corps of Engineers conduct a full Environmental Impact Statement for an $11.2 million proposed dredging project at Searsport Harbor.
Reps. Walter Kumiega, D-Deer Isle, and Mick Devin, D-Newcastle, joined Sen. Christopher Johnson, D-Somerville, at the Wednesday, Nov. 6 press conference, which was held at the Belfast Boathouse. Islesboro Selectman Arch Gillies was present to address concerns his town has raised in regards to the proposal, as was Islesboro Island Trust Executive Director Steve Miller and Sierra Club representative Becky Bartovics of North Haven.
Johnson and Kumiega are co-chairs of the joint committee on Marine Resources, and Devin is a member of the committee.
Devin, who is also a marine biologist, addressed his concerns as a professional and as a representative of District 51, which includes Monhegan Plantation.
Devin said due to his background as a retired naval officer with experience driving vessels of all sizes, he said he understands the need for maintenance dredging to keep shipping lanes open and safe. That said, Devin questioned the need for a dredge project of this size.
"However, the scope of this project goes well beyond maintenance dredging. The plan to dredge over 900,000 cubic yards of sediment is more than 20 times what was removed in previous dredging events. The project as proposed could drastically impact the environment and ecosystem," stated Devin, reading from a prepared statement.
The proposal
Previously published reports state the River and Harbor Act of 1962 first authorized the initial phase of work for the Searsport Harbor Federal Navigation Project, according to the ACE, and construction was completed there in 1964. The project consists of a navigation channel and turning basin, which at that time was authorized at 35 feet deep, and located in front of the piers at Mack Point. According to the ACE feasibility study for the proposed project, there has been no maintenance to the channel, and therefore the study calls for the removal of about 37,000 cubic yards of maintenance material.
The project proposal also includes plans to remove an additional 892,000 cubic yards from the area to deepen both the existing entrance channel and turning basin from their authorized depth of 35 feet to a depth of 40 feet, and another 31,000 cubic yards at the two existing piers.
The proposed disposal site for the nearly one million cubic yards of dredge sediment is located in upper Penobscot Bay, between Belfast Harbor and Islesboro.
The letter to the Corps that include Kumiega and Johnson's signatures and those of more than 25 additional Maine Legislator co-signers, stated, in part:
"The lobster fishery is Maine’s only healthy fishery and the economic mainstay of most coastal towns and offshore islands. We cannot risk harm to this critical resource."
What could it hurt?
Devin stated he was concerned the project could adversely impact fin fish like winter flounder, as well as lobster, sea urchins and scallops, all of which use the area as their nursing grounds. In addition, Devin raised concerned about the contaminants that may lie below the surface at the bottom of the channel as a result of industrial runoff and fuel spills that have occurred in and around Mack Point in the past.
Devin questioned where those toxins will go and how they might impact the fisheries that are vital to the state's economy.
"Marine larvae in the water column will especially be at risk. What steps will be taken to mitigate the impact of these released contaminants? What will be their consequence on human health?" stated Devin.
Devin also raised concerns about where that 900,000-plus cubic yards of dredge spoils will end up, and how it might affect that destination.
"There are numerous unanswered questions in the Army Corp's present plan, and even those questions that have answers are unsatisfactory," he stated. "It seems to me that a more thorough plan to mitigate the impacts to these animals should be developed, especially because so many Maine jobs rely on them."
Johnson agreed. He said the potential impact must be weighed alongside any benefit to the region, especially when he said the total impact of the lobster industry is valued at about $1.7 billion, a figure that includes benefits to businesses related to the industry.
Close to home
Gillies said Islesboro officials hope to garner the support of surrounding Penobscot Bay communities in the push for a more detailed study of the project, just as they did when they formally opposed the now-defunct proposal from Colorado-based DCP Midstream to build a Liquified Petroleum Gas storage tank at Mack Point. Town officials there have written two letters to the ACE urging that agency to conduct a more comprehensive analysis about the potential impacts of the dredging, Gillies said.
"I was very pleased that 11 towns in this area in the bay voluntarily joined in to question the [DCP] application, and then to oppose it," said Gillies. "I am hopeful the same thing will happen again."
In this instance, Gillies said, a more detailed study would produce more recent data that could then be used in broader discussions about what is best for the region.
Bartovics and Johnson both said the data used in the ACE environmental assessment for the proposed project is as much as a decade old.
"This is part of the process of asking them to do their due diligence," said Bartovics.
Sally Jones of Bangor, who brought along a giant replica of an Atlantic salmon, asked if the requested study would also include an assessment of the possible impacts on that species of fish.
Jones said there has been a big effort in Maine to clean up the Penobscot River as a way to help rehabilitate the salmon population, and she is concerned this project could damage any gains made on that front in recent years.
"So why wouldn't we also be mindful of the bay?" she said. "Perhaps a dredge can be done mindfully, but it's not going to be mindful without an Environmental Impact Study.
"

Bay protectors call for EIS of Searsport Harbor mega-dredge plan. Audio & photos

On November 6, 2013, the Sierra Club & Islesboro Island Trust hosted a press conference calling for the federal govt to prepare an Environmental Impact Study on a controversial plan to massively increase dredging of Searsport Harbor including fish nursery shoals near Sears Island.

Listen to the press conference and Q&A period. 32 minute MP3
Photos of the press conference and Q&A period 17 photos

Media Coverage: WABI TV** 2nd WABI-TV story ** WCSH-TV ** Bangor Daily News ** Working Waterfront

Oct 31, 2013

Elver fisheries reform: mtgs Nov 18 & 19 draft rule: catchers & buyers to use state-issued swipe card for all sales.

Elvers blocked by dam. Some will make it over.
Proposed new elver fishery rules are the topic at DMR meetings on November 18, 2013, 6:00 PM, in Yarmouth, and November 19th, 6:00 PM, EllsworthDeadline for comments: December 2, 2013.

 Proposed rules online (pdf) **  DMR Rulemaking page  See copy of draft elver fish rules below, with boldfacing and paragraph breaks added for ease of reading.  

If adopted, (1) elver harvesters & dealers must use a swipe card reporting system supplied by DMR. (2) Dealers must electronically report quantities to DMR weekly.  (3) DMR's authority to suspend dealer licenses would be clarified,  (4) DMR would establish closed areas for elver fishing  in Penobscot and Hancock Counties. (5) Rules would be harmonized with the ASMFCs  Addendum III of the interstate eel fishery mgmt plan for glass,
yellow, and silver) and recreational eel fisheries.

Email dmr.rulemaking@maine.gov attn Kevin Rousseau   
Contacts: Heidi Bray (207) 633-9504 (for Elver Swipe Card System); Terry Stockwell (207) 624-6553 (for ASMFC Eel Compliance)
Details: http://www.maine.gov/dmr/rulemaking/

NOTICE OF AGENCY RULE-MAKING PROPOSAL
AGENCY: Department of Marine Resources
RULE TITLE OR SUBJECT: Elver Reporting Requirements and Swipe Card System; ASMFC  Eel Compliance Measures. Chapter 8 Landings Program and Chapter 32 Eels.
DEADLINE FOR COMMENTS: December 2, 2013
To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
 AGENCY CONTACT PERSONS: Heidi Bray (207) 633-9504 (for Elver Swipe Card System); Terry Stockwell (207) 624-6553 (for ASMFC Eel Compliance)

Mail Written Comments to: attn: K. Rousseau
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station, Augusta, Maine 04333
WEB SITE: http://www.maine.gov/dmr/rulemaking/
 E-MAIL: dmr.rulemaking@maine.gov
TELEPHONE: (207) 624-6573  FAX: (207) 624-6024

CONCISE SUMMARY: 
The proposed regulation would enact a swipe card reporting system for elver dealers and require dealers to maintain records of all elver transactions. The purpose of this portion of the proposed rule is to obtain more accurate and timely information on the amount of elvers caught or landed in Maine for use in fisheries management as well as to demonstrate the social and economic importance of marine resources to Maine. The swipe card system is also a more secure system in which harvesters and dealers cannot easily conduct transactions to sell or purchase illegal elvers.

The proposed rule would require elver harvester license holders to present a swipe card to be used by the dealer in order to record each transaction. It would also require dealers to report what they receive from harvesters on a weekly basis during the elver harvesting season using approved electronic reporting methods. Dealers will be required to provide their own computers for reporting (laptops or PC’s), but the reporting software and the swipe card readers/receipt printers will be provided by DMR. In addition, this rule would require elver dealers to maintain paper records for all elver transactions, including dealer-to-dealer transactions, for three years.

Emergency rulemaking was enacted earlier in 2013 that required elver dealers to report quantities on a weekly basis. Previously, elver dealer license holders were required to report information to DMR on a monthly basis. Weekly electronic reporting of elver landings will give the DMR timely and critical information for enforcement and resource protection of this valuable fishery. Finally, this rule would also update the reporting compliance section with license suspension authority that was enacted in state law as well as update the primary buyer permit language.

This regulation also makes amendments in order to come into compliance with the Atlantic States Marine Fisheries Commission’s (ASMFC) American Eel Management Board August 2013 approval of Addendum III to the Interstate Fishery Management Plan for American Eel. The State of Maine is mandated to implement and enforce fisheries management plans of the ASMFC under the Atlantic Coastal Fisheries Cooperative Management Act of 1993 (ACFCMA). These changes are reflected in this proposed new version of Chapter 32 Eels.

Addendum III establishes a 9” minimum size limit for recreational and commercial yellow eel fisheries, trip-level reporting for the commercial yellow eel fishery, a seasonal closure of silver eel fisheries, a 25 recreational fish per day creel limit, and measures to restrict the development of fisheries on pigmented eels. It also calls for the implementation of state-specific monitoring
programs and provides recommendations for habitat improvements. States will be required to implement the Addendum’s measures by January 1, 2014. The Board’s actions respond to the findings of the 2012 benchmark stock assessment indicating the American eel population in U.S. waters is depleted. The stock has declined in recent decades and the prevalence of significant downward trends in multiple surveys across the coast is cause for concern. Many of these changes required by ASMFC are already implied in existing Maine law and regulations and therefore do not need to be changed. In some cases, Maine law and regulations are stronger than the new ASMFC compliance requirements.

A re-ordering and deletion of obsolete or redundant sections of Chapter 32 Eels are proposed in order to improve readability and compliance. Finally, closed areas for elver fishing are proposed to be added in Penobscot and Hancock County in order to clarify legal fishing boundaries in Chapter 32.03(1)(A). Little or no impact on legal elver harvesting is expected from these new area closures.

End of proposed Rule 

Oct 29, 2013

A Hywind Maine Restrospective

Statoil's Hywind Maine venture rose and fell between 2011 and 2013.  The proposal to set floating windmills offshore of Boothbay Harbor

Here are highlights of that process, including recordings of public events media coverage

July 5, 2013 Statoil puts Hywind Maine project on hold. Boothbay Register 

July 5, 2013 Statoil Freezes Hywind Maine ProjectOffshore Wind Biz


*January 24, 2013. Maine's Public Utilities Commission approves Statoil's modified proposal Media coverage of PUC  decision   **** Statoil's comments to PUC, 8/156/12

2012
December 31, 2012 deadline to comment on Statoil plan; Federal Register notice

10/23/12 BOEM held Public Info meeting on Statoil in Boothbay. Meeting Coverage in Pen Bay Blog ( Listen to audio links here

6/26/12 BOEM and Statoil hold public info meeting in Rockland Pictures, interviews here ..... Pre-meeting review of planned meetings on June 25, 26 and 27,in Boothbay, Portland & Rockland.


May 23, 2012. Feds/Maine ocean energy task force e-meeting considered next 2 steps in process reviewing Statoil's 4-turbine floating windpark plan.  


April 4, 2012. Norwegian energy giant Statoil says it has not received enough subsidies from the state of Maine and the US Government to carry out its deepwater floating windfarm project off Boothbay Harbor, Maine. floating windmills.

3/12/12 Fishermen give chilly reception to Statoil offshore wind plan at 2012 Maine Fishermen's Forum. Media Coverage of 2012 Forum

2011
12/08/11 Bureau of Ocean Energy Management (BOEM) Public Information meeting about Statoil plan off Maine



Bay Flashback: How Searsport citizens stopped an LNG tank proposal in 2004

In 2004 the people of Searsport, with the help of residents of some surrounding communities, were able to wring a "no LNG terminals in Searsport ever" concession from Maine Governor John Baldacci and his Department of Transportation.  The governor agreed " to defer to a host municipality before taking state actions in support of any LNG proposal".  (6/1/4 letter below)

Read a close-in description of that entire struggle, as compiled by Governor Baldacci's staff for a June 2004 Freedom of Access Law request to Governor Baldacci's office,   
NOTE: USE YOUR BACK BUTTON TO RETURN TO THIS PAGE These links are  "wayback machine" archived versions of these files.

The below Searsport/LNG related files from October 2013 to June 2004 vividly illustrates the intense maneuvering of all parties from citizens  and ENGOs to the transportation industry and its adherents .  List of Governor's staff & agency heads mentioned. Other FOA'd documents  (All documents are transcriptions of original documents)

2003 
  October 27 2003 - March 3, 2004 by date

Additional 2003-2004 Documents by topic

Governor Baldacci & LNG: Security & Public Safety
LNG Security Review of Boston Harbor & Everett LNG facility (& Harpswell) Undated) Dept of Public Safety's memo to Adams & Stearns re DPS' LNG 'Perspective' report 10/29/03
Report by DPS: "LNG: A Perspective on Security & Safety" unsigned, undated
Maine Emergency Management Agency to Baldacci advisor -overview of LNG security issues undated

Governor Baldacci and "political" side of LNG issues in Maine.
David Bright, friend of Baldacci's, offers Sears Island & LNG political advice 5/20/04 2/20/04

Governor Baldacci and towns and state legislators on LNG
Governor's form letter on LNG ("sent to 92 constituents") 5/25/04
Stockton Springs Selects write to Waldo County with LNG concerns 3/12/04
3 Legislators write Baldacci with LNG concerns. 3/29/04
Baldacci writes to Searsport 4/4/04
Waldo County Commissioners write JEB with concerns 4/13/04
Searsport writes to Baldacci; asks for official "No LNG without town support" letter in writing. 4/15/04
Searsport invites Governor to Searsport LNG gathering. 4/22/04
Baldacci writes to Waldo County Commissioners & area legislators about LNG 6/1/04

Governor Baldacci & Sierra Club communications on LNG 
Sierra Club writes to Baldacci calls for LNG planning 2/23/04
Baldacci's policy advisor responds to Sierra Club 3/304
MDOT Commissioner Cole writes to Sierra Club 4/6/04
Sierra Club writes again to Baldacci, "puzzled" by non response) 4/28/04 
Baldacci policy analyst Stearns sets meeting with Sierra Club, Islesboro Island Trust 5/19/04

Governor Baldacci and Federal Govt "pre-emption" on LNG
MDEP Commissioner gets report on state's existing LNG laws & regulations 11/26/03
Nagusky to DEP and Gov's chief counsel on FERC powers 4/22/04
Nagusky sends Littel & Stearns copies of FERC Preemption Order #CP04-58 4/22/04

Describes federal document on who controls LNG decisions 4/28/04
Citizens Energy writes to Baldacci about FERC & Maine 5/14/04
CLF writes to FERC & Governor about LNG in New England 5/5/04
CLF writes to New England Governors, Congress about LNG 5/5/04


Governor Baldacci and Quoddy LNG plan.
Notes from LNG meeting at Pleasant Point undated
Quoddy Bay LLC's "Fact Sheet" distributed at a public meeting with Passamaquaddy tribe.
Umphrey to Cashman on Portland investors for Washington County LNG 5/19/04
Baldacci's draft Quoddy LLC statement 6/8/04


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* FOA documents from CommIssioner of Economic Development Jack Cashman, March 2004 Click Here
* FOA documents from Governor Baldacci, Oct 3 '03 to March 3 2004 Click Here

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Above documents may also be found  here:
* FOA documents requested from Governor Baldacci June 25, 2004 to September 29, 2004. Click here
* FOA documents from Governor Baldacci April - June 2004. Click Here
* FOA documents from Jack Cashman Commissioner, DECD, January 1st to March 2004 Click Here

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END



Town of Searsport, Maine
P. O. Box 499
Searsport, Maine 04974
548-6372 • 548-2300

April 15, 2004

The Honorable John Elias Baldacci
Governor of Maine
1 State House Station
Augusta, ME 04333-0001

Dear Governor Baldacci,
This is the formal request by the Town of Searsport Board of Selectmen and residents that we have the State's Proclamation that nothing will happen in regards to industry within the Town of Searsport without the people of Searsport being allowed a voice in this process. The Town realizes there is State owned property within its boundaries and we hope the State realizes that this property has a tremendous impact on the people of Searsport.

The factors important to the Selectmen and the residents would include but not necessarily be limited to the following:
1. The company interested and its main function
2. The size of the facility
3. The number of employees and skill levels involved with employment
4. Any agency approval processes
5. Any description the State has for safety that might be needed for residents
6. Any description(s) of impact studies and analyses.
7. Any "letters of intent" or "option" would not be given prior to the Town having input as to the industry
8. Specifics on how residents and Town Officials alike would convey their concerns and questions to the Governors office or appropriate agency offices.
9. Lastly, the Town would like to know of, or be involved with the development of, any Alternative Economic Plans the State may have for State owned property within the boundaries of Searsport

This is a list of some concerns our residents might have and some have been addressed previously. The Town has been told that if the Selectmen request a formal proclamation from Governor Baldacci he will write one for us. We appreciate this offer and are now taking you up on it. The Town of Searsport is holding a Special Town Meeting on May 15, 2004 at 9:00 A.M. and would like to have this letter by that date.

The Town of Searsport and its residents wishes to express its respective gratitude for the time and consideration of this letter and requests within.

Sincerely,
Searsport Board of Selectmen
Joseph Perry, Chair
Carol Hersom, Vice Chair
Bruce Mills
John S. Herrithew
cc.
Board of Selectmen
Governor John Baldacci
Alan Stearns Commissioner
David Cole
Brian Nutter, Port Authority
Greg Nadeau Fred Michaud,
State Planning Office
Senator Carol Weston
Maine's Fastest Growing Industrial Deep Water Port

-end-

==================
STATE OF MAINE
OFFICE OF THE GOVERNOR
1 STATE HOUSE STATION
AUGUSTA, MAINE 04333-OOO1

May 4, 2004

Board of Selectmen
Town of Searsport
P.O. Box 499
Searsport, ME 04974

Dear Members of the Board of Selectmen of Searsport:

I write in response to your letter dated April 15, 2004, requesting a local voice in the process of industrial development in Searsport.

With respect to any proposal to develop an LNG facility in any town in Maine, I have previously stated that I will defer to local governments as key decision-makers before taking action to support any particular proposal.

With respect to any proposal to develop an LNG facility on land owned by MaineDOT in the Town of Searsport, MaineDOT will not enter into any formal agreement with an LNG developer without the support of the Town of Searsport.
 A necessary first step is a vote of the Selectmen or a vote of the Town providing direction on how the Town would like to proceed.
The letter of the Selectmen dated April 15, 2004, inquires more broadly regarding industrial and economic development in the Town of Searsport. My letter today deals narrowly with LNG development. I know that MaineDOT has actively communicated its interest in working with Searsport in the town's comprehensive planning and implementation processes. Through that process, the community and MaineDOT can work toward defining a vision for the future of Searsport and Sears Island.
Sincerely,
John E. Baldacci
Governor
cc: Senator Carol Weston
Representative Don Berry
Commissioner David Cole
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