Maine Aquaculture Task Force Watch

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FOR IMMEDIATE RELEASE December 19, 2003

Contact Ron Huber Penobscot Bay Watch 207-594-5717

Maine Aquaculture Task Force report to call for smaller municipal role, bigger fishfarms, more studies.

Belfast A report to Maine governor John Baldacci being prepared by the Maine Aquaculture Task Force will note the increased consolidation and reduced productivity of fishfarming in Maine, following the group's meeting yesterday, and will recommend stripping municipalities of the power to charge aquaculturists mooring fees, and support delaying creation of a baywide management program for state waters..

Nine members of the Task Force met Thursday October 18th at the Hutchison Center in Belfast to make changes to a draft copy of their report. The revised draft will next be reviewed by the Task Force's Stakeholder Advisory Panel over the next two weeks, before it is finalized and presented to the governor and the state legislature.

Concerning salmon farming, the report will note what several Task Force members termed "the tremendous consolidation that's taken place over the past ten years" and observed that Maine fishfarming is essentially the use of state waters as "grow out areas" by Norwegian and Canadian salmon farming firms, with little of the profits remaining in the state. Their report will note the significant decline in salmon farming in the state, with figures showing production dropping from 70 million pounds per year down to 50 million pounds of farmed fish per year.

Task Force members took issue with the scope of the economic report on aquaculture that the state commissioned Canadian consulting firm Gardener Pinfold to produce. "This task force is not content with that." said Task Force head Paul Anderson. "It is one piece of information, but we've also heard other things." Task Force staffers were asked to include additional economic information for the report including "a comparison of aquaculture with other natural resource based industries on the coast"

The report wil also review the viability of nine species being raised or considered for culturing in Maine waters, will recommend the continued use of the controversial pesticide "Slice" in combatting outbreaks of fishlice, and will recommend against creation of a state bay management program.

According to the draft report, "the future is uncertain" for salmon farming in Maine. At the same time, the report is quite upbeat about the future of mussel & oyster cultivation. Culture of finfishes other than salmon is considered promising but in a very early stage of experimental fishfarming, while the farming of soft shell clams and sea scallops is considered problematic due to low prices for the former and high capital costs for the latter. Urchin farming was not reviewed by the report.

The report will also recommend allowing corporations to lease larger areas of Maine's coastal waters and seafloor than presently allowed. See a full list of the draft report's recommendations below.

One of the most controversial issues that the Task Force was tasked to review was 'bay management' , whereby aquaculture proposals would be looked at in terms of the ecology and economy already existing in of each Maine's bays. While recognizing the value of such a program, the Task Force ultimately opted to recommend against the development of such a state program at this time, citing the need to assemble vast amounts of scientific and economic data to carry it out.

"Bay management is a construct that philosophically in the experience of small coastal communities we live in is atractive and makes sense," said one Task Force member, "but there seems to be an agreement that it is a long term evolutionary thing."

The report also proposes increased research into 16 areas of aquaculture related marine science, protection of scenic and ecological values of private lands with government easements, and evelopment of a pro-aquaculture public education campaign.

Below is the complete list of recommendations from the December 15 draft report. For more information on the Maine Aquaculture Task Force, visit the Penobscot Bay Alliance website http://www.penbay.org and click on "aquaculture"

RECOMMENDATIONS OF THE TASK FORCE

PART VI. ASSESSMENT OF THE LEASING PROCESS

A. Administrative Procedure Act (APA) Lease Process

1. Formality of the Lease Process Recommendations
Ų DMR should continue to use a formal APA process for aquaculture leasing.
Ų DMR should continue to work proactively to educate the public on the lease process to make it less intimidating.

2. Local Input Prior to Application Submission Recommendations
Ų A discretionary scoping session should be held before an application is submitted. (language for proposed changes to regulations is provided in Appendix A.I)

3. Public Information and Communication Recommendations
Ų DMR should work with Sea Grant and the Maine Coastal Program to update the existing aquaculture information brochure and circulate it widely.
Ų DMR should use posters at the lease hearings to inform those present about the lease process, particularly the decision criteria that will be used to determine whether or not to grant the lease.
Ų DMR should use the scoping session as an opportunity for informal education about the leasing process.

4. Conflict Resolution or Mediation Procedure Recommendation
Ų DMR should define mediation resources and make a list available to all parties.

B. Role of Municipal Government in the Leasing Application and Approval Process

1. The Timing of Municipal Involvement in the Lease Process Recommendations

Ų The pre-application meeting should be held in the municipality with the harbormaster and/or a municipal official, the applicant and DMR. (language for proposed changes to regulations is provided in Appendix A.I)
Ų The municipality, along with DMR, should have the discretion to determine whether a pre-application scoping session should be held. (language for proposed changes to regulations is provided in Appendix A.I)

2 . Mooring Fees Recommendations
Ų Municipalities should not be permitted to charge mooring fees for moorings located within an aquaculture lease area. (NOTE: The subcommittee will further discuss this issue prior to the 18th)

3. Intervener Status Recommendations
Ų DMR should create a form letter that is sent by DMR to the municipalities with the completed application that includes a box to be checked if the municipality would like intervener status.
Ų At the pre-application meeting in the municipality, DMR should explain the opportunity for intervener status to the municipality.

4. Intertidal Leasing Recommendations
Ų Amend the language of 12 M.R.S.A. §6673

5. Municipal Input on Lease Decisions Recommendations
Ų A municipality should be permitted to recommend that the Commissioner establish certain conditions on a proposed lease and the Department shall consider any conditions recommended and provide a written explanation to the municipality if the condition is not imposed. (language for proposed regulatory changes is provided in Appendix A.1, section 2.37(2))

C. Decision Criteria for Granting Leases

1. Noise and Light Recommendations
Ų Amend the statutory language to omit the charge to the Department to "quantify" impact and to add language regarding mitigation. (language for proposed statutory changes is provided in Appendix A. 3)
Ų Regulations should set forth required mitigation measures. (language for proposed regulations regarding noise and light provided in Appendix A. 4)

2. Visual Impact Criteria Recommendation
Ų Create regulations that set forth limitations on height, size, mass and color of buildings and equipment. (language for proposed regulations regarding visual impact criteria provided in Appendix A. 5)

3. Sufficiency of Existing Decision Criteria Recommendations
Ų Amend the statute to reflect that the Department will take all of the aquaculture leases in an area into consideration in evaluating the lease under the decision criteria. (language for proposed statutory changes provided in Appendix A.3)
Ų See specific recommendations from other areas of this document (cite)

D. Lease Renewals and Transfers

1. Procedure for Lease Renewals and Transfers Recommendations
Ų Delete the statutory requirement for an adjudicatory hearing upon 5 or more requests for both a renewal of a lease and a transfer of a lease. (need the draft statutory change)
Ų Replace the hearing procedure with a thirty-day comment period in which the Department will accept written comments.
Ų The Department shall have the discretion to hold a hearing for a renewal or a transfer if it deems it necessary.
Ų The Department may also hold a less formal scoping session for a renewal or transfer if it deems it necessary

2. Fees for Renewal and Transfer Applications Recommendation
Ų Amend the statute to require the Department to charge a reasonable fee for renewal and transfer applications.

E. Administrative Issues

1. Lease Acreage Limit Recommendation
Ų Increase or remove the maximum lease acreage.
Ų Create incentives for those who remain under a certain acreage.

2. Enforcement Recommendations
Ų Wait and see how the annual inspections work. (Appendix E: Enforcement Protocol)
Ų More funding necessary for greater enforcement effort.

3. Lease Fees and Fines Recommendation
Ų Lease rental fees should be increased and should vary, depending on the activity on the site. Any changes to lease fees should only be considered as part of a complete review of all aquaculture fees.
Ų A schedule of fines for lease violations should be developed to aid with enforcement capabilities.

4. Time Period of Site Review Recommendation
Ų Eliminate the established time period of April 1st to Nov. 15th within which the Department may conduct its site visit

PART VII. IMPACTS OF AQUACULTURE ON OTHER USES - TOURISM, RECREATION, CONSERVED LANDS AND COMMERCIAL FISHING

A. Tourism Recommendation
Ų The Task Force recommends that state agencies with responsibility for tourism, marine resources and coastal planning work to foster a collaboration between tourism and aquaculture, two important elements of Maine's natural resource-based economy.

To this end, the Maine Coastal Program at the State Planning Office should work with the existing Working Waterfront Coalition (a diverse group of government, industry and nonprofit groups with an interest in the conservation of Maine's marine-related economy) to develop an informational campaign aimed at coastal residents and visitors. The theme of the campaign should revolve around the many benefits of Maine's multi-use waterfronts and provide information of interest to the traveling public about the sights and sounds associated with Maine's working waterfront.

The Maine Coastal Program should also consult with the Maine Department of Economic and Community Development, Office of Tourism and its advisory council to ensure a high quality campaign. Outreach materials should have broad appeal for use at tourism businesses, visitor centers and municipal offices.

B. Recreation Recommendations
Ų None at this time.

C. Conserved Lands Recommendations
Ų Amend 12 MRSA Chapter 605 Section 6072 (7-A) (F), to read as follows:

F. Will not unreasonably interfere with the ecological, recreational or scenic purposes of conserved lands (a) owned by federal, state or municipal governmental agencies, (b) acquired all or in part with public funds but owned by a non-governmental conservation organization, or (3) protected with a conservation easement that is held by a governmental organization or that was acquired with public funds but is held by a non-governmental conservation organization and provides a legal right of access to the public. For purposes of this paragraph, "conserved lands" shall mean land in which a legal interest has been acquired by a public or private conservation entity in order to protect the important ecological, recreational, scenic, cultural or historic attributes of that property.

A list of conserved lands that might be impacted by a proposed project shall be identified at the pre-application scoping session (a modification to the leasing process recommended elsewhere in this report.)
Ų Adopt regulations that provide standards for assessing the impact of a proposed aquaculture facility on the scenic, ecological impact, recreational and cultural attributes of conserved lands.
Ų Develop an inventory that identifies those coastal areas of exceptional but unprotected scenic importance as viewed from both the mainland and the coastal waters.
Ų See the following recommendations in other sections of this report that are also relevant to this issue

D. Commercial Fisheries Recommendations
Ų Lease site review window should be removed to enable DMR to conduct reviews when fishery potential is greatest. (Note: this may require multiple visits.)
Ų Explore ways to incorporate netpen rotation to accomplish both fallowing and access to fishing bottom.

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PART VIII. ECOLOGICAL HEALTH

A. Nutrient Enrichment Recommendations
Ų Support research on specific relationship between finfish aquaculture and phytoplankton community shifts, HABs, and benthic algae and research into nutrient management through integrated polyculture or other means.
Ų Provide incentives in the leasing process for aquaculturists to employ methods such as polyculture to reduce nutrient enrichment.
Ų The Task Force requests that the Legislature charge DEP to review all discharge permits to marine waters for consistency, equity and efficacy.
Ų Maine should continue to support effort by DMR and DEP to remove sources of pollution that cause shellfish closures.

B. Organic Enrichment (Solids)
Recommendations
Ų Maine must continue to manage aquaculture in a manner that will maintain a diverse benthic species composition and confine impacts to the lease.
Ų Maine must participate and support applied research with the industry to develop effective Best Management Practices , standards, and monitoring regimes.

C. Toxic Contaminants / Therapeutants Recommendations
Ų The state should continue to use vigilance in it's monitoring of the environment for the presence of toxic contaminants and ecological impacts.
Ų State should continue participation in USFDA environmental studies on Slice.
Ų Maine should be especially careful to protect professional flexibility to explore new drugs while safeguarding surrounding species.

D. Shellfish Impacts Recommendation
Ų Assess the risk of unreasonable impact from shellfish aquaculture in Maine by monitoring conditions under "worst case" conditions.

E. Invasive/Non-Indigenous/Exotic Species Recommendations
Ų Define "indigenous" as organisms known to occur or to have occurred in an area.
Ų Include genetically modified organisms (GMOs) as "non-indigenous" or new species
Ų Define "area" or "waterbody" in an ecological context.
Ų Change Chapter 24 to include language requiring Departmental review for all introductions of species not currently resident in the proposed growing area.
Ų Review list of currently approved species to ensure that undesirable organisms are removed until scientific reviews are complete.
Ų Management of species movements is best made as requests arise so that the most current information on biology and ecology is employed.
Ų Maine should discourage the use of species not already established within the Gulf of Maine.
Ų Maine should encourage the culture of species know to be historically indigenous to Maine.
Ų Where aquaculture of indigenous species, Maine should encourage the acceleration of domestication to avoid interactions with wild stocks.

F. Wild Atlantic salmon Recommendations
Ų Ensure that aquaculture regulatory and husbandry practices are consistent with the Recovery Plan for Atlantic Salmon.
Ų Request Congressional support to involve the federal services in collaboration and cooperation with Maine and the industry
Ų Insist on full participation of state, federal and industry sectors on the research on marking, tagging and identification.
Ų Complete research into wild smolt emigration routes and pathways of exposure to assess risk from salmon farms.
Ų Require equitable treatment of all salmon aquaculturists, public and private, to implement permit conditions. (e.g. genetic testing, marking, fish health, and reporting be part of any permits for public hatcheries rearing Atlantic salmon)

G. Wildlife Interactions Recommendations
Ų Conduct and support research into the impacts on wildlife, esp. nesting birds, and to identify causes of and develop practices to avoid adverse impacts.
Ų Encourage and support collaborative research between state and federal wildlife agencies.

H. Monitoring Recommendations
Ų Continue harvest tax and explore other fee schedules to continue the monitoring provided by FAMP.
Ų Coordinate MPDES and FAMP monitoring provisions to avoid redundancy and use FAMP data to the maximum extent possible to cover MPDES requirements.
Ų Encourage industry to participate in ambient water quality monitoring.
Ų Request that the Legislature require the DEP to assess the new MPDES permit monitoring requirements for value and efficacy by 2005 and adjust as necessary.

I. Standards and Thresholds Findings

1. To be effective, standards must be well defined, science-based, enforceable and ecologically meaningful.

2. A difficult balance exists between setting standards and retaining flexibility to remain scientifically current and respond to a changing industry.

3. The MPDES permit standards serve as hypotheses to be tested over time.

Recommendations
Ų Conduct and support research into developing well defined standards based on sound ecological principles (e.g. waterbody, acceptable, impaired, sustainable)
Ų Review and update standards of the MPDES to ensure that they are scientifically supported.
Ų Standards and definitions are needed to determine the spatial scale of concern and the waterbody / ecosystem boundary or management unit.

END OF RECOMMENDATIONS

END

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