Department of Marine Resources Marsden Brewer …...2020/05/29 · Brewer, Marsden (Eastern...

Brewer, Marsden (Eastern Penobscot Bay) March 29, 2020

Department of Marine Resources

Site Review

Marsden Brewer

88 N Stonington Road

Stonington, ME 04681

Figure 1. Vicinity map.1

Location: Northwest of Sellers Rock, Eastern Penobscot Bay, Deer Isle, Hancock County, Maine

Purpose: Experimental lease for the suspended culture of sea scallops (Placopecten magellanicus)

and sugar kelp (Saccharina latissima).

Site Review by: Cheyenne Adams

Report Preparation by: Cheyenne Adams, Marcy Nelson, and Flora Drury

Report Completed: March 29, 2020

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 (orthoCoastalDownEastCoast2008, previously known as Low_Tide_2008), unless otherwise noted.


Application Overview

On April 30, 2020, Maine Department of Marine Resources (MDMR) Scientist Cheyenne Adams

visited the proposed experimental lease site aboard the applicant’s vessel. MDMR staff arrived at

the proposal at 10:41am; the tide was in the late ebb stage.

The applicant is requesting 3.932 acres northwest of Sellers Rock in Eastern Penobscot Bay for the

suspended culture of sea scallops (Placopecten magellanicus) and sugar kelp (Saccharina latissima).3

The applicant proposes to culture scallops on 4 600-foot longlines deployed in a single row.4 The

longlines, suspended a minimum of 20 feet below the water surface, would support a maximum of 560

lantern nets (20” x 6’), 200 spat bags (14” x 30”), and an unspecified number of 40’ dropper lines with

ear-hung scallops. Spat bags are proposed to be deployed in July and August only, while lantern nets

and dropper lines would be deployed year-round.5 The applicant proposes to harvest scallops January

through September; sugar kelp would be harvested in May and June from natural set on scallop gear.6

All grading and washing, including the use of a pressure washer powered by the applicant’s vessel

hydraulic system, would be conducted at an off-site work float.7

General Characteristics

The proposed lease site occupies subtidal waters to the northwest of Sellers Rock on the western side of

Deer Isle. Sheephead Island and Southwest Harbor are to the north/northeast (Images 1 & 2) and the

Deer Isle shoreline is to the east (Images 3 & 4). Deep, open waters of Penobscot Bay extend to the south

and west with North Haven Island and surrounding smaller islands farther to the west (Image 5). Eagle

Island and The Porcupines are northwest of the proposal (Image 6). The shorelines of Deer Isle and

Sheephead Island are predominantly rocky and lead to coniferous forested uplands with sparse residential

development.

Depth

At the time of MDMR’s site assessment (10:41 am), water depth was 59 feet at the northern boundary

and 70 feet at the southern boundary, as measured with a transom-mounted depth sounder. Low tide

was predicted to occur at 10:57 am with a depth of 0.55 feet above mean low water (MLW). Correcting

for tidal variation derives water depths approximately 9.72 feet higher (68.72 to 79.72 feet) at the nearest

high water and 0.55 feet lower (58.45 to 69.45 feet) at MLW (0.0’).

Table 1: Tide predictions at Stonington, Deer Isle, Penobscot Bay, Maine (44.1533° N, 68.6617° W)8

Date Time Height (ft.)

4/30/2020 4:29 AM 9.72 H

4/30/2020 10:57 AM 0.55 L

4/30/2020 5:15 PM 8.87 H

4/30/2020 11:16 PM 1.53 L

2 Applicant requested 4 acres. MDMR calculations, based on the provided coordinates, indicate the area is 3.93 acres. 3 Application, page 2 4 Application, pages 2, 13, and 14 5 Application, page 6 6 Application, page 4 7 Application, page 6 8 http://tbone.biol.sc.edu/tide/tideshow.cgi


Image 1. Facing north toward Sheephead Island (foreground) and Bradbury Island

(background) from 700 feet southwest of the proposed NW corner (April 30, 2020).

Image 2. Facing northeast toward Sheephead Island and Southwest Harbor,

Deer Isle from 700 feet southwest of the proposed NW corner (April 30,

2020).


Image 3. Facing east toward Deer Isle from 700 feet southwest of the

proposed NW corner (April 30, 2020).

Image 4. Facing southeast toward Deer Isle and Barred Island from 700 feet

southwest of the proposed NW corner (April 30, 2020).


Image 5. Facing west toward North Haven Island from 700 feet southwest

of the proposed NW corner (April 30, 2020).

Image 6. Facing northwest toward Eagle Island and The Porcupines from 700

feet southwest of the proposed NW corner (April 30, 2020).


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.

Application Coordinates (Datum WGS 84) – 3.93 acres (Figure 2)

Corner Latitude Longitude

NW 44.188983° N 68.732456° W then 40.03 feet at 98.38o True to

NE 44.188967° N 68.732305° W then 4,364.08 feet at 187.49o True to

SE 44.177098° N 68.734472° W then 40.11 feet at 289.65o True to

SW 44.177135° N 68.734616° W then 4,356.25 feet at 7.47o True to NE

Table 2. Approximate distances from the proposed lease to surrounding features (Figures 1 & 2).

Measurements were made using digital orthophotography provided by the Maine Office of GIS

(orthoCoastalDownEast2008 and orthoCoastalCentralCoast2003And2005).

Feature Distance

NE corner to Sheephead Island Ledges, nearest point (~MLW) ~2,880 feet to northeast

NE-SE boundary to Deer Isle shoreline, nearest point (~MLW) >3,500 feet to the east

SE corner to Sellers Rock, nearest point (~MLW) ~2,010 feet to the southeast

SE corner to Red Nun “2” (NOAA chart) ~1,880 to the southeast

NW corner to The Porcupines, nearest point (~MLW) >10,700 feet to the northwest

NW-SW boundary to Bald Island, nearest point (~MLW) >12,900 feet to the west


Figure 2. Proposed lease and surrounding area.9

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

particular area (MDMR Regulations Chapter 2.64(11)(A)) are discussed, with respect to the

proposal, below:

(1) Riparian Owners Ingress and Egress

Deer Isle and Sheephead Island, to the east and northeast, respectively, are forested with some

residential development along the shorelines. Deep, navigable waters surround the proposed lease

site; the nearest inhabited lands, including a few residential docks observed during the site

assessment on April 30, 2020, are >3,500 feet from the proposal. The proposed lease is 4,356 feet

in length and positioned roughly parallel to the Deer Isle shoreline, which may require some large

vessels to circumnavigate the site, if the lease were granted. However, since longlines would be

maintained a minimum of 20 feet below the surface, many vessels would likely be of appropriate

draft to navigate through the site. Moreover, the distance between the proposal, riparian access

points and other natural navigational obstructions is sufficient to allow for unimpeded ingress and

egress, if the lease were granted.

9 Digital orthophotography provided by the Maine Office of GIS (orthoCoastalDownEast2008, orthoCoastalCentralCoast2003And2005, and

orthoCoastalPenobscotBay1982And1983).


In response to the Harbormaster Questionnaire, Tyler Sirois (Marine Patrol Officer, Deer Isle and

Stonington) stated, “It is far enough offshore that it will not affect any navigation into any riparian

properties.”

(2) Navigation

The proposed lease area is located in Eastern Penobscot Bay to the west of Deer Isle. The nearest

navigational obstacle is Sellers Rock, ~2,010 feet to the southeast of the proposal. Sellers Rock

and the nearby navigational channel, which runs in a north-south direction between Deer Isle and

Eagle Island, are marked by Red Nun “2.” The proposal is slightly within the marked channel, but

it is unlikely to interfere with vessel flow in the extensive deep waters to the west. Although the

area may experience moderate vessel traffic during summer months, the proposed 40-foot width

would allow for vessels traveling in a north-south direction to navigation around the site with little

alteration to their original course. Additionally, since longlines would be maintained a minimum

of 20 feet below the surface, many vessels would likely be of appropriate draft to navigate through

the site unimpeded. During MDMR’s site assessment on April 30, 2020, no vessels were observed

in the general vicinity.

In response to the Harbormaster Questionnaire, Tyler Sirois also stated that navigation within in

the area will not be affected.

(3) Fishing and Water-Related Uses

During MDMR’s site assessment on April 30, 2020, ~5-10 lobster trap buoys were observed

several hundred feet to the west of the proposed site. No fishing activity was observed in the area,

although the lobster fishery in Maine follows the annual migration and molt cycle of lobsters

(Homarus americanus) and may be more prevalent in the area during the summer or fall.

Sea scallop (Placopecten magellanicus) and green sea urchin (Strongylocentrotus droebachiensis)

fishing occur during the fall and winter months in Maine state waters as both dive and drag

fisheries. The scallop and urchin seasons had both ended prior to MDMR’s site assessment on

April 30, 2020 and, therefore, no fishing activity was observed. Although scallop harvesting is

common within Penobscot Bay, the application states that the site was chosen for the lack of

commercial fishing activity10 and the applicant reports that scalloping does not occur at the site.11

Although MDMR did not conduct an underwater assessment during the site visit, the application

indicates the site is mud bottom12 and MDMR staff typically observe scallops on sand and shell

substrate.

In response to the Harbormaster Questionnaire, Tyler Sirois stated that commercial lobster and

scallop fishing activities do occur in the area, but that “the last several years with M. Brewer’s

current [Limited Purpose Aquaculture (LPA) licenses] have proven to not be a problem.”

Recreational fishing and boating are expected to be more prevalent at this site during the summer

months than at the time of MDMR’s site visit. Gear is proposed to remain on the site year-round

10 Application, page 7 11 Personal communication between Marsden Brewer and Cheyenne Adams (April 30, 2020) 12 Application, page 10


but is unlikely to significantly interfere with recreation due to the extensive surrounding open

water.

(4) Other Aquaculture Uses

There are 6 Limited Purpose Aquaculture (LPA) licenses and one pending experimental lease

application within 1 mile of the proposal (Figure 3). The applicant operates 4 of the LPAs

(BREW318, BREW418, BREW518, and BREW618) and would relinquish BREW318 if the

proposed lease were to be granted. Robert Brewer, the applicant’s son and business partner,

operates the other nearby LPAs (RBRE910 and RBRE1020). All LPA’s in the area are approved

for the suspended culture of sea scallops. Robert Brewer also submitted the nearby pending lease

application, which requests 4 acres for the suspended culture of sea scallops (Placopecten

magellanicus) and sugar kelp (Saccharina latissima).

Figure 3. Aquaculture activity near the proposed lease area.

(5) Existing System Support

Wildlife

During the site assessment on April 30, 2020, MDMR staff observed various gull species (Larus sp.).

According to Significant Wildlife Habitat data maintained by the Maine Department of Inland

Fisheries and Wildlife (MDIFW) and available through the Maine Office of GIS, the nearest tidal

waterfowl and wading bird habitat is over 1 mile to the east; shorebird nesting, feeding, and staging

areas are over 1.3 miles from the proposal (Figure 4).


Bald eagle (Haliaeetus leucocephalus) nests are present on Sheep Islands and The Porcupines

(Figure 4). Bald eagles are recognized in Maine as a Species of Special Concern. They are further

protected by the federal Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c). The

proposed lease is over 1.9 miles to the east/southeast from the 600-foot, U.S. Fish and Wildlife

Service mandated protective buffers surrounding the nests.

On December 19, 2019 Rebecca Settele (Wildlife Biologist, MDIFW) responded, by email, to a Request

for Agency Review and Comment stating, “Minimal impacts to wildlife are anticipated for this project.”

Figure 4. Tidal wading bird and waterfowl habitat,13 shorebird roosting and feeding

areas,14 and bald eagle nests15 near the proposed lease.

Eelgrass (Zostera marina)

Data collected by MDMR in 2008 indicate that the nearest eelgrass beds were approximately 1

mile from proposed lease area, along the Deer Isle and Sheephead Island shorelines (Figure 5).

Although no underwater assessment was conducted by MDMR staff during the site assessment,

eelgrass beds are typically observed in shallower water that allows adequate light penetration to

support photosynthesis.

13 Data obtained from MDIWF maintained SDE Feature Class ‘GISVIEW.MEIFW.Twwh’ 14 Data obtained from MDIFW maintained SDE Feature Class ‘GISVIEW.MEIFW.shorebirds’ 15 Data obtained from USFWS: https://services.arcgis.com/QVENGdaPbd4LUkLV/ArcGIS/rest/services (“Maine_Bald_Eagles_2019_with_twn_cnty”)


Figure 5. Historical eelgrass (Z. marina) coverage in the vicinity of the proposal.16

Epibenthic Flora and Fauna

MDMR did not conduct an underwater assessment, but the applicant reports a barren mud bottom

with little topographic variation. Moreover, the application speculates that there is a low density

of lobsters (Homarus americanus) and commercially harvested crabs (Cancer sp.) due to the lack

of fishing gear in the vicinity. 17

(6) Source of Organisms to be Cultured

Seed will be sourced from wild set, either with spat collection bags (scallops) or naturally occurring

on the scallop gear (sugar kelp). 18 The applicant’s spat collection bags are governed by spat

collection licenses and may be located off-site. These are approved sources by MDMR.

(7) Interference with Public Facilities

There are no beaches, parks, or docking facilities owned by the municipal, state, or federal

government within 1,000 feet of the proposed lease site (Figure 6). The nearest conserved land is

held in private conservation by The Nature Conservancy.

16 Data obtained from SDE Feature Class sourced from The Maine Office of GIS “MaineDMR – Eelgrass 2010” 17 Application, page 10 and personal communication with Cheyenne Adams (April 30, 2020) 18 Application, page 2


Figure 6. Conserved lands in the general vicinity of the proposed lease site.19

19 Data obtained from SDE Feature Class sourced from The Maine Office of GIS “GISVIEW.MECONSLANDS.Conserved_Lands”

Department of Marine Resources Marsden Brewer …...2020/05/29 · Brewer, Marsden (Eastern...

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