department of marine resources victor doyle po box 264

Doyle, Victor (Bartlett Island, Blue Hill Bay) July 29, 2019

Department of Marine Resources

Site Review

Victor Doyle

PO Box 264

Southwest Harbor, ME 04679

Figure 1: Vicinity map1

Location: East of Bartlett Island, Blue Hill Bay, Mount Desert, Hancock County, Maine

Purpose: Experimental lease for the suspended culture of blue mussels (Mytilus edulis), hard clams

(Mercenaria mercenaria), soft-shelled clams (Mya arenaria), razor clams (Ensis directus),

American/eastern oysters (Crassostrea virginica), European oysters (Ostrea edulis), sea scallops

(Placopecten magellanicus), green sea urchins (Strongylocentrotus droebachiensis)

Site Review by: Jon Lewis and Marcy Nelson

Report Preparation by: Marcy Nelson, Flora Drury, and Jon Lewis July 29, 2019

1All figures in this report were created in ArcMap version 10.6 using digitized NOAA Nautical Charts or geo-referenced

aerial photographs provided by The Maine Office of GIS (orthoRegional2014 and

orthoCoastalDownEastCoast2008).


On June 7, 2019, Maine Department of Marine Resources (MDMR) scientists Jon Lewis and

Marcy Nelson, and aquaculture hearings officer Amanda Ellis, visited the proposed experimental

aquaculture lease. MDMR staff arrived on site at approximately 10:55 am. Low tide was predicted

to occur at 8:33 am2.

The applicant is requesting 1.113 acres east of Bartlett Island in Great Cove, Blue Hill Bay, Mount

Desert, for the suspended culture of shellfish. The proposed lease would expand upon the applicant’s

existing Limited Purpose Aquaculture (LPA) licenses (Figure 4). The applicant proposes to deploy a

combination of up to 800 oyster bags or 100 OysterGroTM systems containing the bags, 20 floating

crates, 100 cages, 200 feet of longline, 1 lantern net, and rafts with a combined measurement of

80 feet long by 12 feet wide4.

General Characteristics

The proposed site is situated in subtidal waters to the east of Bartlett Island, in Great Cove (Images 1-7).

The adjacent shoreline of Bartlett Island is undeveloped and characterized by a gradually sloping

intertidal leading to mature, primarily coniferous, forest. Buildings are present in the interior of the island

and to the south, near Birch Cove.

Image 1: Facing southwest, towards the Bartlett Is. shore, from southeast corner

of proposed lease (June 7, 2019).

2 http://tbone.biol.sc.edu/tide/tideshow.cgi 3 Applicant originally requested 1.00 acres. MDMR calculations, based on the provided coordinates,

indicate the area is 1.11 acres. 4 Application; pages 7 and 13-17


Image 2: Facing west from the southeast corner of the proposed lease (June 7, 2019)

Image 3: Facing northwest from the southeast corner of the proposed lease (June 7, 2019)


Image 4: Facing northwest from the southeast corner of the proposed lease (June 7, 2019)

Image 5: Facing east from the southeast corner of the proposed lease (June 7, 2019)


Image 6: Facing southeast from the southeast corner of the proposed lease (June 7, 2019)

Image 7: Facing south from the southeast corner of the proposed lease (June 7, 2019)


Depth

At the time of MDMR’s site assessment, depths within the proposed lease site ranged from 13 to 25

feet, as measured with a transom-mounted depth sounder. MDMR staff observed the depths of the

proposed lease site at approximately 12:12 pm. High tide, with a height of 10.66 feet, was predicted to

occur at 2:51 pm. Correcting for tidal variation derives water depths approximately 6.36 feet lower (6.64

to 18.64 feet) at mean low water (0.0’).

Table 1: Tide predictions at Pretty Marsh Harbor, Maine

(44.3333° N, 68.4167° W)5

Date Time Height (ft.)

6/07/2019 2:05 AM 12.11 H

6/07/2019 8:33 AM -0.93 L

6/07/2019 2:51 PM 10.66 H

6/07/2019 8:46 PM 0.57 L

Position and Distances to Shore

POSAID Positioning Software was used to verify the distances and bearings between proposed

lease corners. Distances to shore were determined using the measuring tool in ArcMap 10.6,

digital orthophotography provided by the Maine Office of GIS (unless otherwise noted), and the

application coordinates.

WGS84 Coordinates – 1.11 acres (Figure 2)

Corner Latitude Longitude

NW 44.349107°N 68.425987°W then 362. 49 feet at 129.84 degrees

NE 44.348470°N 68.424923°W then 154.77 feet at 221.49 degrees

SE 44.348152°N 68.425315°W then 336.88 feet at 315.23 degrees

SW 44.348808°N 68.426222°W then 125.14 feet at 29.42 degrees

5 http://tbone.biol.sc.edu/tide/tideshow.cgi

Table 1: Approximate Distances to Shore (Figures 1 & 2):

SE Corner to Nearest Point, Bartlett Island (MLW) ~300 feet to the southwest

SW Corner to Nearest Point, Bartlett Island (MLW) ~310 feet to the southwest

NW Corner to East Shore, Great Cove (MLW) ~1,250 feet to the northeast

NE Corner to East Shore, Great Cove (MLW) ~1,200 feet to the northeast


Figure 2: Proposed lease area.


Figure 3: GPS waypoints collected at moorings, rafts, other aquaculture gear, and docks

near the proposed lease (June 7, 2019).

The criteria MDMR uses to determine the suitability of an experimental aquaculture operation to a

particular area (MDMR Regulations Chapter 2.64(7)(A)) are discussed, with respect to the

proposal, below:

(1) Riparian Owners Ingress and Egress

The Bartlett Island shoreline surrounding the proposed lease is undeveloped. The access points

(docks) for Bartlett Island are located on more than 2,800 feet to the south, in Birch Cove (Figure

1). The proposed lease, if granted will not hinder riparian access to Bartlett Island.

On June 7, 2019, the nearest observed dock to the proposed lease (Figure 3, Waypoint 514) was

located approximately 2,400 feet to the east. One moored vessel, the Hinckley Yacht “Zitan”, and

three empty moorings were also noted near this dock. The proposed aquaculture activities, if the

lease is granted, will not interfere with access to and from the dock or moorings.


(2) Navigation

The proposed lease is located more than 1,000 feet to the northwest of the Bartlett Narrows

navigation channel (Figure 1). Vessels traveling north/south through Bartlett Narrows will be

unimpeded by the aquaculture lease, if granted.

Within 1,000 feet of the proposed lease are multiple floats, moorings, and polar circle

aquaculture cages6. Except for 4 floats located within the boundaries of the proposed lease and a

commercial fishing vessel moored approximately 87 feet to the east of the proposal, all other

surface structures observed within Great Cove on June 7, 2019 are thought to be associated with

the operations of Mussel Bound Incorporated and/or Maine Shellfish Company, Inc. Several

unmarked surface lines were identified between polar circle cages (Figure 3), limiting the ability

to navigate between these structures.

While motorized and hand-powered vessels will retain the ability to travel between the proposed

lease, if granted, and the surrounding rafts and aquaculture gear, vessels under sail and some

motorized vessels likely do, and will continue to, avoid Great Cove due to limited maneuverability

between surface structures.

(3) Fishing and Water-Related Uses

At the time of MDMR’s site assessment on June 7, 2019, no commercial or recreational fishing

activity was observed within or near the proposed lease area. Less than ten trap buoys were noted

in Bartlett Narrows and around the tidally exposed ledges to the northeast (Figure 1). One

commercial scallop dragger, “Hard to Handle”, was observed moored in Great Cove, 87 feet from

the northeast corner of the proposed lease (Figure 3, Image 8).

6 Refer to Section (3) Fishing and Water-Related Uses


Image 8: Commercial vessel moored near the proposed lease (June 7, 2019).

Multiple rafts/floats and polar circle aquaculture pens, presumed associated with the operations of

Mussel Bound Incorporated and/or Maine Shellfish Co. Inc., are located within 1,000 feet of the

proposed lease (Images 4-5 and 9-11). Two of these floats are located within the boundaries of the

proposed lease. MDMR staff also noted surface lines connecting multiple polar circles, thereby

limiting navigation between floating structures within Great Cove (Figure 3).

According to the Maine Department of Marine Resources Bureau of Public Health, Maine

Shellfish Co., Inc. has a wet storage permit that allows for the storage of legally harvested shellfish

in hanging cages deployed from two floats moored within Great Cove; Mussel Bound Incorporated

also has a wet storage permit that includes the use of three 70-meter polar circles (Figure 3).7

Additional floats (Images 3 and 4), presumed associated with the applicant’s operations under his

Limited Purpose Aquaculture License (VDOY117) are also located within the boundaries of the

proposed lease (Figure 3, Waypoints 504 and 505).

At the time of this report it was unclear as to the ownership of the remaining aquaculture gear

(floats and polar circles) within Great Cove, and whether it is appropriately permitted.

7 John Fendl email, dated July 25, 2019, to Marcy Nelson.


Image 9: Polar circle pens, storage float, and work float (Figure 3, Waypoints 494-503).

Image 10: Storage floats with buoys and rope, mussel tumbling equipment,

and what appears to be trash (Figure 3, Waypoints 506-508).


Image 11: Mussel Bound incorporated work barge (Figure 3, Waypoint 503)

MDMR recognizes that commercial and recreational fisheries are more prevalent in the summer

months. It is likely that fishing and other activities occur near the proposed lease, but were not

witnessed during the site visit.

(4) Other Aquaculture Uses

Three Limited Purpose Aquaculture (LPA) licenses, two held by the applicant, are located within

one mile of the proposed lease (Figure 4). Morgan Jordan has a LPA for the culture of American

oysters approximately 4,600 feet to the east in the Mill Cove salt pond (MJOR219). The proposed

lease, if granted, is unlikely to have a negative impact on nearby aquaculture leases and LPA

licenses.

On June 7, 2019, MDMR staff observed 4 rafts (Image 12), tied end to end and within the

boundaries of the proposed lease, that appear to belong to the applicant. These rafts were located

more than 100 feet to the southeast of the applicant’s LPA VDOY117 (Figure 3, Waypoints 504

and 505). The applicant, under his current LPA is authorized to utilize shellfish rafts occupying a

maximum area of 20 feet X 20 feet. If the observed rafts are Mr. Doyle’s, they occupy an area

significantly larger than authorized and are not in the appropriate location.


Figure 4: Aquaculture activity near the proposed lease area.

Image 11: Floats within the boundaries of the proposed lease

(June 7, 2019).


(5) Existing System Support

Wildlife

According to GIS (Geographic Information System) data maintained by the Maine Department of

Inland Fisheries and Wildlife (MDIF&W) and available through the Maine Office of GIS, the proposed

lease is in an area categorized as Tidal Waterfowl and Wading Bird Habitat (Figure 5). The entirety of

the intertidal, and portions of the subtidal, surrounding Bartlett Island are described as high value “Reef-

Mudflat Complex”.

Bartlett Island further supports a bald eagle (Haliaeetus leucocephalus) nest. The proposed lease is

located outside the boundaries of the ¼-mile buffer associated with this nest (Figure 5). In Maine, bald

eagles are considered a species of special concern; they are protected under federal law by The Bald

and Golden Eagle Protection Act (16 U.S.C. 668-668c) of 1940.

On April 4, 2019 Rebecca Settele (Wildlife Biologist, MDIF&W) responded, by email, to a “Request

for Agency Review and Comment” stating “The proposed experimental aquaculture project intersects

with Tidal Waterfowl and Wading Bird Habitat. If total exclusion nets will be used to deter and exclude

predatory sea ducks from the facility, we recommend a maximum mesh size of 6 inches with 3mm

twine or larger for excluding eiders, and a maximum mesh size of 4 inches with twine of 3mm or larger

for excluding scoters.”

During MDMR’s site assessment on June 7, 2019, common loons (Gavia immer), gulls (Larus

argentatus), osprey (Pandion haliaetus), cormorants (Phalacrocorax auritus), and eider ducks

(Somateria mollissima) were observed in the general area.

MDMR staff also noted the presence of a few harbor seals (Phoca vitulina) in the general area, including

a mother and pup pair on the tidally exposed rocks located ~1,300 feet to the northeast (Figure5).


Figure 5: Tidal Wading Bird and Waterfowl Habitat8 and species that are

Endangered, Threatened, or of Special Concern9 near the proposed lease site.

Eelgrass

Eelgrass (Zostera marina) in the general vicinity of the proposed lease was last surveyed in 2008,

by the Maine Department of Marine Resources. According to this data, the nearest historical

eelgrass bed to the proposal is greater than 1,150 feet to the northeast (Figure 6).

8 Data obtained from MDIWF maintained SDE Feature Class “GISVIEW.MEIFW.TWWH” 9 Data obtained from MDIWF maintained SDE Feature Class “GISVIEW.MEIFW.ETSC”


Figure 6: Historical eelgrass (Z. marina) near proposed lease, 200810

(6) Source of Organisms to be Cultured

These sources proposed by the applicant on page 2 of the application are approved by MDMR,

provided the applicant adheres to all applicable MDMR statutes and regulations regarding wild

collection.

(7) Interference with Public Facilities

There are beaches, parks, or docking facilities owned by federal, state, or municipal government

within 1,000 feet of the proposed lease site. Maine Coast Heritage Trust has a private conservation

easement on Bartlett Island. The U.S. National Park Service has a “National Park Easement” at

Bartlett Landing, more than 2,400 feet to the east (Figure 6).

10 Data obtained from MDMR maintained SDE Feature Class “DMR_Eelgrass”.


Figure 6: Conserved lands near the proposed lease site.11

11 Data obtained from SDE Feature Class sourced from The Maine Office of GIS

“GISVIEW.MECONSLANDS.Conserved_Lands”

department of marine resources victor doyle po box 264

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