Update: State agencies, lobbyists oppose bills to add protection for coastal waters
This version corrects a misspelling and percentage of carbon budget in Maine, and adds that DECD Commissioner Johnson is a board member of Maine & Co.
AUGUSTA, March 18, 2023 - This is how industrialization will eventually claim Maine’s coastal waters - with cunning, expensive lobbyists doing their thing and state agencies as willing partners.
On Friday they rolled out a formidable vanguard of “mom and pop” operators at legislative hearings to oppose two bills which would give coastal towns a bigger voice and to ensure giant fish farms do not destroy estuaries and bays by pumping too much nitrogen and effluent into them.
Nothing tugs at a Maine legislator more than small fishing businesses pleading for “survival.”
The aquaculture industry has brilliantly co-opted this cohort to serve as its public face.
“There was a lot of small operators who showed up, organized by Sebastian Belle,” said Jim Merkel, who helped draft LD 586, a bill to induce less harmful detritus from land-based fish farms. Belle is the executive director of the Maine Aquaculture Association, a lobbyist which has made significant strides to open Maine’s coastal waters to aquafarming the last decade.
“They've been convinced by him (Belle) that this bill would put them out of business, which the bill doesn't even address,” said Merkel, a member of the Sierra Club.
One after another, small oyster farms, eel producers, seaweed farmers came to the podium and read what sounded like scripted comments: Current regulations are just fine, don’t choke off our livelihoods and don’t impose unnecessary protection of the environment.
More than five hours of testimony later, it was clear the sponsors of the bills - environmentalists and officials of towns abutting Frenchman Bay - were over matched. (The hearings started late, at 2:25 p.m. into the recording above).
Bill LD 487 sponsored by Bar Harbor’s Lynne Williams would create regional planning agencies to effect some measure of local oversight over waters such as Frenchman Bay, where a Norwegian company in 2021 planned to build two net pen salmon farms.
Bill LD 586 would force land-based fish farms to apply less destructive technology to reduce nitrogen and carbon emission.
Their inchoate entry into Maine politics was overwhelmed by a well orchestrated effort which included two of Maine’s agencies - marine resources and economic development - and aquaculture lobbyists.
Williams called the scene Friday in Room 206 of the Cross Building a stark example of “regulatory capture” where the agencies tell elected officials what to do, as opposed to elected officials making laws that the agencies have to follow.
“It doesn't go on in the Department of Transportation. We tell the Turnpike Authority and other officials what to do, and they do it. It's the exact opposite in marine resources, and it really pisses me off. It just is terrible,” said Williams, co-chair of the legislature’s transportation committee.
Deirdre Gilbert, director of Maine marine policy, began the testimony opposing both bills. She was followed by Heather Johnson, commissioner of economic development, who has given one company, Kingfish Maine, extraordinary support, including tax abatement from the Pine Tree Development Zone program and loan guarantees from Maine’s finance authority. In 2020 she urged the DEP to permit Kingfish despite concerns raised about its environmental impact, saying the economic benefits trumped those considerations.
Kingfish is in the preconstruction stage of a $110 million land-based fish farm on Chandler Bay in Jonesport.
On Dec. 2, The QSJ reported how Johnson’s staff was peddling coastal towns to fish farms without the knowledge of municipal officials.
Once DMR’s Gilbert spoke, current applicants awaiting DMR approval for new aquaculture leases took to the mic in tow to ape her opposition.
One was Bar Harbor mussel farmer Alex DeKoning.
His family leases 158 acres in Frenchman Bay from the state and has applied for more. It has two applications pending at the DMR - one for 48 acres and a longer-term plan for 68 acres to raise scallops.
That would be 144 acres more than what was requested by American Aquafarms, the Norwegian company which sparked a regional protest when it proposed to build two 60-acre net salmon farms in Frenchman Bay.
The DeKonings are already the largest permit holder in acreage in the bay. The QSJ wrote this article last July about the opposition to their applications and to the DeKongings’ use of heavy dredging equipment which digs deeper into the seabed. (scroll to the second article).
“They not only want to be the king fish of the whole industry,” said Rep. Williams “But they (DeKonings) want to put everyone else down, people who want moderate regulations.”
Former Jonesport select member Billy Milliken spoke against LD 586. Milliken helped the town reject by 201-91 vote last summer a proposed moratorium on aquafarming.
"Opponents of land-based agriculture are manipulating the legislative process attempting to stop projects, which have already been permitted by local state federal agencies. They're trying to obstruct economic development for coastal communities with fear mongering. I'm a tenth generation in my family to be a lifelong resident of Jonesport. I operate a business there that employs 10 people.”
What Milliken did not tell the committee was that his real estate business was the listing agent for the 94-acre Kingfish site.
Trey Angera, co-owner of Springtide Seaweed based in Gouldsboro, spoke against both bills. His company has plans to create high volumes of nori, dulse and other premium saltwater algae in coastal Maine, the U.S. and beyond, according to the Ellsworth American. His company is completely reliant on the DMR and DEP for permits to allow further growth.
A year ago, Springtide was awarded a $650,000 federal grant to design such systems.
While kelp farming is generally regarded as environmentally friendly, it does require the taking of surface acreage, creating navigational challenges for other boaters. Earlier last year Springtide’s application to expand its footprint was rejected by the state.
But he and others are getting plenty of assistance through a quasi public agency, SEAMaine, designed to lobby for federal dollars to fund enterprises like Springtide.
Its purpose, as stated on its website?
“SEAMaine, or the Seafood Economic Accelerator for Maine, is an industry-led initiative bringing together leaders in Maine’s commercial fishing, aquaculture, and seafood economy. Funded by the U.S. Department of Commerce Economic Development Administration, with match funding from the Maine Technology Institute and FocusMaine, the statewide initiative is developing a roadmap and action plan for economic growth, market and workforce development, and greater resiliency in Maine’s seafood economy.”
Its “steering committee” includes Sebastian Belle and Peter DelGreco, president of Maine & Co.
In April 2022, the QSJ profiled Maine & Co. in an article entitled, “How a Norwegian felon managed to get white-glove welcome from Maine.” His board includes Heather Johnson.
Sara Rademaker, co-owner of American Unagi, also spoke against LD 586. She did not say she was co-chair of SEAMaine.
The Island Institute spoke against LD 586 and did not mention that Sebastian Belle is a board member.
Only Damien Brady of the University of Maine came clean and stated that some UMaine studies cited by those opposing LD 586 were paid for by industry:
“In the interest of full transparency, the University of Maine does objective research and monitoring related to fish feeds and water quality connected to recirculating aquaculture system projects including for industrial clients.”
DelGreco repeated a mantra being trafficked by Belle that critics of industrial aquaculture “are very well funded and run by professionals. In some cases, they are deliberately targeting members of the aquaculture community to pit groups against one another. If we let that happen, our collective ability to protect our community interests will be hindered.”
That was contained in a Feb. 22 “legislative update” written by Belle and obtained by the QSJ in which he stated, “We can expect a handful of carefully orchestrated public relations campaigns … They will try to fracture the working waterfront community (shellfish vs. finfish, big vs. small operations, fishermen vs. aquaculturists), work to undercut MAA’s credibility, and scare fishermen and policy makers by implying that the state’s system of regulating aquaculture is not adequate and must be stricter.”
MAA is the only organization which appears to be fracturing the waterfront community pitting one against the other and spending six figures annually on PR and lobbying efforts.
The QSJ asked Belle in an email to identify these well-funded professionals. I am still awaiting a reply.
DelGreco used some of Belle’s exact wording in his testimony Friday:
“Well-funded consultants and wealthy landowners are pushing this bill because they have not been able to demonstrate to regulators that these land-based aquaculture projects are harmful.”
“Rather, they are an inconvenience to people who have no vested interest in economic development in Maine. They have made their fortunes and are trying to hide behind a veil of environmentalism.”
Who was DelGreco talking about?
Was he referring to the Sierra Club, the country’s oldest grassroots environmental organization?
The QSJ asked him to name names. I’m still awaiting a reply.
In his Feb. 22 legislative update, Belle referred to Cooke Aquaculture, the only company he cited by name, as exemplifying the industry as “family owned.” He did not mentioned Cooke is a major funder and board member of the MAA.
He also did not mention Cooke’s long history of environmental violations.
On Nov. 27, 2021 the QSJ reported that Cooke was ranked the worst seafood sustainability performer of all aquaculture companies in the world as measured by an organization which monitors such matters.
Cooke, one of the largest aquaculture company in the world based in Canada, has had numerous incidents of failed equipment, fish die-offs and escapes, leading to multiple sanctions, with Maine being the weakest.
The State of Washington passed legislation in 2018 forbidding non-native fish farming in its waters as a result of Cooke’s 2017 net pen collapse in Puget Sound in which 263,000 salmon escaped.
In 2019 it paid $2.75 million in legal fees and to fund Puget Sound restoration projects, to settle a Clean Water Act lawsuit that followed the 2017 collapse.
Cooke was a subject of the 2022 book, “Salmon Wars,” by investigative reporters Douglas Frantz and Catherine Collins who wrote that the industry has “outstripped the ability of governments to regulate its practices from polluting oceans and producing contaminated products, to contributing to illegal fishing and to food shortages in lower-income countries.”
In Aug. 16, 2021, Cooke suffered a massive die-off of 116,000 salmon at its farm off Black Island in Maine but was able to clean its pens and haul the carcasses to a compost in Tremont before alerting the DEP, which inspected the site two weeks later - on Aug. 31, 2021. I published this article on Nov. 27, 2021 questioning Maine’s ability to regulate aquaculture.
In his testimony, Merkel said if the five current proposed fish farms in Maine were to become reality, they would emit carbon equal to 400,000 cars added to Maine’s roads and chew up " 15 percent of Maine's 2030 greenhouse gas budget.”
The nitrogen emitted into Maine’s coastal waters would equal the cumulative release of 19 Portland city sewers of waste wastewater treatment facilities in today's waters, Merkel said.
“That's pollution equal to 1.2 million people or just about the entire population of Maine. There are technologies to reduce both carbon in it.”
After the hearing, Merkel said he talked to “quite a few” of the opposing small aquaculturists and admitted that the language in LD 586 probably could have been clearer that it was meant to target industrial fish farms only.
“There was an eel farmer who thought ‘your bill is saying you can't put wild ingredients in the feed. I have to feed my eels with wild ingredients,’ ” Merkel said he was told.
“Our bill was not specific enough on purpose so that we could develop the rules more together,” Merkel said.
But after the hearing he thinks the bill needs to be re-drafted - the sponsors have only one week before the Joint Committee on Marine Resources goes into a working session.
“I thought we did a good job presenting ourselves, but then they clobbered us because no legislator wants to go against all these nice young, small business owners.
“Basically what we got to make the bill say and be really clear is all these small operators aren't affected by this bill.”
On Apr 24, 2023, at 9:23 AM, James Balano <jamesbalano@yahoo.com> wrote to Dr. Robert Steneck at the Darling Marine Center.
Dear Dr. Steneck,
I’m a retired Merchant Marine captain who is raising oysters in a sub-tidal/intertidal area of Wheeler’s Bay St. George. I went offshore-lobstering with Bobby Brown on the Sea Fever in 1973. With that money I bought the 36-foot Freeda B and fished 600 traps off Monhegan. My father lobstered in Port Clyde when he came home from WWII after his ship, the Norlindo, was torpedoed and sunk by a German U-Boat in the Gulf of Mexico in 1942.
There’s been some recent pushback by clam diggers claiming that oysters have been displacing soft shell clams. They are pointing to the Damariscotta River area and claim that where there was once a robust soft shell clam industry there are now nothing but oysters. There is also pushback from a group in Frenchman’s Bay who were opposed to a large penned salmon project which was dealt with by DMR appropriately and denied before even reaching the completed application stage. So DMR is actually doing the job it’s supposed to be doing. The pushback appears aimed more at halting aquaculture than improving the permitting process. The motive is obscure. The thread seems to point to wealthy property owners and real estate investors.
A group hostile to aquaculture is trying to institute a moratorium on new aquaculture as well as a cap of five acres on lease size. They are trying to undercut DMR’s authority over leasing. They have introduced three bills before the legislature within the last three years that will essentially gum up the works and shift leasing authority from DMR to local communities. The first two bills were unanimously voted against by the Marine Resources Committee in 2021. The latest iteration is LD508 which came before the Environment and Natural Resources Committee on April 20th. It has not yet gone to a working session. The bill seeks to revisit the aquaculture permitting rules by establishing a study group of (17) “stakeholders” that will advise the process. Meanwhile, everything is to be on hold. The deck seems stacked in that there are only two slots on the study group for aquaculture.
Opponents to LD508 were blindsided and unable to mount a good opposition because the wording of the bill was kept confidential to the last minute and then amended once again just before the testimony portion of the process. Sebastian Bell and those of us who did testify in opposition were appalled by the misinformation and bad science that was presented in favor of the bill. Sebastian is preparing answers to over 30 pieces of disinformation to correct before the working session. We also intend to have DMR attend the working session because the strategy to place the bill before Environment and Natural Resources is seen clearly as an attempt at an end run around the process.
My immediate interest and question for you is about competition between soft shell clams and oysters. Have there been any studies and/or is there any evidence that oysters displace soft shell clams by, 1. Consuming soft shell clam larvae, 2. Robbing soft shell clams of nutrients by over-competing for available resources in the water column, and 3. Over-competing for available amounts of calcium carbonate?
I would be happy If you could point me to any research or articles that either support or refute these claims. So far all I’ve heard from anyone is that no studies have been done and that any claims one way or the other are anecdotal.
Best regards, Jim Balano, 43 McCoy Road, Spruce Head, ME 04859
Dr. Stenick Replies.
Hi Jim
Thank you for your email. Your concerns are well founded.
Maine’s maritime heritage is at risk at multiple fronts. As wild harvests decline, aquaculture interests grow. Some concerns are, in my opinion, overblown. The Belfast salmon project looks to be a NIMBY issue. Oceanographers determined that nitrogen waste is modest compared to natural tidal driven fluxes.
Your specific question about oyster aquaculture interfering with softshell clams lacks credibility from my perspective. First, consider the oceanographic requirements of oysters. They need warm water and good water flow so places like the Damariscotta River’s headwaters are where they thrive. Softshell clams are not similarly constrained. When you look at softshell landings in Maine you see a steady decline since the mid 1970s (the spatial and temporal pattern does not match at all oyster aquaculture). Oyster aquaculture was almost non-existent in the early 2000s (see second figure from DMR).
The reason for the softshell clam decline is now well established. It is green crab predation. Green crabs were introduced to the Gulf of Maine in the 1800s but were reproductively limited by Maine’s cold water. The first warming spike in the 1950s saw green crabs explode. DMR studied the problem but then when sea temperatures cooled, green crab abundances decline and softshell clams increased to the 1970s peak (this is all documented in scientific studies). Maine had NO intertidal crabs prior to the green crab introduction which is why a softshell clam could thrive (native Americans filled middens with softshelled clams long before the first Europeans arrived). However, oysters were already thriving in the warm upper reaches of the Damariscotta River as evidenced by Damariscotta's huge shell heaps that accumulated there for over 2000 years. If there was an oyster-softshell clam problem it would have shown itself millennia ago. Indian middens at the Darling Center (6 miles from the Damariscotta shell heaps) were loaded with softshelled clams.
The specific concerns about oysters filtering clam larvae has no support (again, it would have shown itself prior to European arrival) but also wild oysters are now thriving in the Damariscotta River for the first time in 50 years and they must have resulted from oyster larvae reproducing and developing to the point they could settle on the seafloor without getting consumed by aquaculture reared oysters.
I wish I could be optimistic that a strong scientific argument would settle this dispute. It seems it never works that way. Once battle lines are drawn, they stick to them. The best hope is that DMR stands its ground.
Good luck with it all. Cheers, Bob
Robert S. Steneck, Ph.D
Professor of Oceanography, Marine Biology and Marine Policy
School of Marine Sciences
University of Maine
Pew Fellow in Marine Conservation
Darling Marine Center
193 Clarks Cove Road
Walpole, Maine 04573
207 563 8315 (voice)
207 549 3062 (alternate office)
207 563 3119 (Fax)
steneck@maine.edu
Darling Marine Center: <http://www.dmc.umaine.edu/>
School of Marine Sciences: <https://umaine.edu/marine/faculty/robert-steneck/
To summarize, one can safely say the following:
Green crab predation, not oysters, are the reason for the clam decline.
The claim of clam larvae filtering is unsupported, and contradicted by the presence of wild oysters.
A neighbor and friend who is a graduate of MIT and a respected engineer and scientist had the following to say:
“Something that needs to be said in writing, and verbally:
Because the marine biology facts here are so clear, are so conclusive that oysters pose no threat to clams, and have been publicly presented so often to the objectors the question has to be asked "Why is this resistance being mounted? By whom? And for what purpose?""
This has not been an honest informed investigation of a potential problem by those opposing oyster aquaculture. This is clearly an overt attempt to kill in the cradle a form of aquaculture which will be critical in the near future to individual lobstermen and others trying to adjust to the risk of losing their livelihood due to climate change. The combination of proposed delay and bureaucratic entanglement is simply a hatchet job wrapped in a thin (but transparent) veneer of very experienced politically-connected public relations
This paralyzing reflexive obstruction has to be looked at as its own problem in Maine.”
Thank you Lincoln for shining a light on the shady underbelly of industrial aquaculture.