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Morrill, George and Lucas (Tommy Island, Muscle Ridge Channel) February 21, 2020 Page 1 Department of Marine Resources Site Review George C Morrill and Lucas G Morrill 21 Camp Rd South Thomaston, ME 04858 Figure 1: Vicinity map 1 Location: Northeast of Tommy Island, Muscle Ridge Channel in Penobscot Bay, South Thomaston, Knox County, Maine Purpose: Experimental lease for the suspended culture of sugar kelp (Saccharina latissima), skinny kelp (Saccharina angustissima 2 ), horsetail kelp (Laminaria digitata), dulse (Palmaria palmata), Irish moss (Chondrus crispus), and laver (Porphyra sp.) Site Review by: Jon Lewis and Flora Drury Report Preparation by: Cheyenne Adams, Marcy Nelson, Flora Drury, and Jon Lewis February 21, 2020 1 All 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 (orthoCoastalCentralCoast2003And2005, previously known as Low_Tide_2004). 2 In the application (page 2), skinny kelp was referred to as a morphotype of Saccharina latissima (Saccharina latissima forma angustissima). Skinny kelp is now considered a separate species ( Saccharina angustissima) and will be referred to in this report as such.
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Page 1: Department of Marine Resources George C Morrill and Lucas ...€¦ · Morrill, George and Lucas (Tommy Island, Muscle Ridge Channel) February 21, 2020 Page 1 Department of Marine

Morrill, George and Lucas (Tommy Island, Muscle Ridge Channel) February 21, 2020

Page 1

Department of Marine Resources

Site Review

George C Morrill and Lucas G Morrill

21 Camp Rd

South Thomaston, ME 04858

Figure 1: Vicinity map1

Location: Northeast of Tommy Island, Muscle Ridge Channel in Penobscot Bay, South Thomaston,

Knox County, Maine

Purpose: Experimental lease for the suspended culture of sugar kelp (Saccharina latissima), skinny

kelp (Saccharina angustissima2), horsetail kelp (Laminaria digitata), dulse (Palmaria palmata), Irish

moss (Chondrus crispus), and laver (Porphyra sp.)

Site Review by: Jon Lewis and Flora Drury

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

February 21, 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 (orthoCoastalCentralCoast2003And2005, previously known as Low_Tide_2004). 2 In the application (page 2), skinny kelp was referred to as a morphotype of Saccharina latissima (Saccharina latissima forma angustissima). Skinny kelp is now considered a separate species (Saccharina angustissima) and will be referred to in this report as such.

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On October 02, 2019, Maine Department of Marine Resources (MDMR) Scientists Jon Lewis and

Flora Drury visited the proposed experimental aquaculture lease. MDMR staff arrived in the area

at 11:12 am; the tide was in the flood stage.

The applicant is requesting 3.933 acres northeast of Tommy Island in western Penobscot Bay for the

suspended culture of marine algae. The applicant proposes to culture sugar kelp, skinny kelp, horsetail

kelp, dulse, Irish moss, and laver on 1,000-foot horizontal longlines suspended approximately 7 feet

below the water surface. A maximum of 15 longlines, eight bridal ropes, three traverse lines running

perpendicular to the longlines, and associated buoys would be deployed on the site during the

growing season. A 10-foot gap between longlines and a 250-foot gap between transverse lines

would be maintained. All marine algae species are proposed to be grown on the site between

October 1st through June 30th, annually. Gear would be deployed between October 1st and

December 1st and removed between May 1st and June 30th, depending on the presence of lobstering

activity in the general vicinity. From July 1st through September 30th, longlines, bridal ropes,

transverse lines, and associated depth control buoys would be removed from the water.4 A total of

16 moorings would remain on the lease site throughout the year, along with 4 perimeter buoys.5

General Characteristics:

The proposed lease occupies subtidal waters to the northeast of Tommy Island; Garden Island is located

to the southeast, Eben Island to the northwest, and the South Thomaston shoreline farther northwest

(Figure 1, Images 1-4). The Tommy Island shoreline is comprised of granite ledges and a small sandy

beach giving way to upland dominated by grass and shrubs with scattered trees. One house and a few

outbuildings are visible on Tommy Island from the proposed lease (Image 1). The mainland shore of

South Thomaston is a mixed forest with residential houses.

Depth

At the time of MDMR’s site assessment, water depths within the boundaries of the proposed lease site

ranged from 24.1 to 51 feet, increasing from northwest to southeast, as measured with a transom-

mounted depth sounder. MDMR staff observed the depths of the proposed lease site at approximately

11:12 am. High tide, with a height of 11.38 feet, was predicted to occur at 02:13 pm. Correcting for tidal

variation derives water depths approximately 5.5 feet higher at the nearest high water (29.6 to 56.5 feet)

and 5.9 feet lower (18.2 to 45.1 feet) at mean low water (MLW, 0.0 feet).

Table 1: Tide predictions at Owls Head, Penobscot River, Maine (44.1000° N, 69.0500° W)6

Date Time Height (ft.)

10/02/19 01:56 AM 10.88 H

10/02/19 08:01 AM -0.59 L

10/02/19 02:13 PM 11.38 H

10/02/19 08:37 PM -1.06 L

3 Applicant requested 4 acres. MDMR calculations, based on the provided coordinates, indicate the area is 3.93 acres 4 Application, pages 2, 4, and 19 (labelled page 20 by applicant) 5Application, page 14 indicates 4 perimeter buoys will remain onsite year-round. However, George Morrill indicated during a phone call with Cheyenne Adams on February 20th, 2020 that he plans to remove all moorings, lines, and buoys during the summer months. 6 http://tbone.biol.sc.edu/tide/tideshow.cgi

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Image 1: Facing southwest towards Tommy Island from 200 feet west of the

proposed southwest corner (October 02, 2019).

Image 2: Facing south from 200 feet west of the proposed southwest corner

(October 02, 2019).

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Image 3: Facing northeast towards Ash Island from 200 feet west of the

proposed southwest corner (October 02, 2019).

Image 4: Facing north towards the South Thomaston shoreline from 200

feet west of the proposed southwest corner (October 02, 2019).

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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 (WGS84) – 3.93 acres (Figure 2)

Corner Latitude Longitude

NW 44° 1.255'N 69° 6.553'W then 1058.95 feet at 149.39o True to

SW 44° 1.105’N 69° 6.430’W then 162.02 feet at 63.26o True to

SE 44° 1.117’N 69° 6.397’W then 1066.41 feet at 329.35o True to

NE 44° 1.268’N 69° 6.521’W then 161.00 feet at 240.62o True to NW

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

NW Corner to Nearest Point, Unnamed Island (MLW) ~850 feet to the southwest

SW Corner to Nearest Point, Tommy Island (MLW) ~580 feet to the southwest

NW-SW Boundary Nearest Point to Piling ~680 feet to the southwest

SW Corner to Nearest Point, Garden Island (MLW) ~2,730 feet to the south/southeast

SE Corner to Nearest Point, Garden Island Ledge (MLW) ~3,450 feet to the southeast

NW Corner to Nearest Point, Eben Island (MLW) ~1,110 feet to the northwest

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Figure 2: Proposed lease area and piling observed on October 02, 2019.

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

Tommy Island is located ~580 feet to the southwest of the proposed lease at MLW (Image 1). The

island hosts a residential house, a few small outbuildings, a piling near the eastern shoreline

(Images 1 & 5), and a dock on the western shore (Image 6). The piling, which is located ~680 feet

from the proposed NW-SW boundary, supports a dinghy pully system that functions as the main

access to the island for the riparian owners and is used daily April through September.7 Given the

distance between the proposed boundary and the piling, it is unlikely that the proposed lease would

interfere with the use of the outhaul/access point if the lease were granted.

Access to the dock on the western shore of Tommy Island is unlikely to be impeded by the

proposed lease if it were granted. No moorings with which the proposed activities might interfere

were observed on October 02, 2019.

7 Jimmy Tripp, partial owner of Tommy Island, personal communication with Cheyenne Adams on February 12th, 2020

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Image 5: Piling that serves as the main access for riparian owners

located off the eastern shore of Tommy Island (October 02, 2019).

Image 6: A dock with no ramp or float on the west side of Tommy Island

(October 02, 2019).

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(2) Navigation

The proposed lease is to the northwest of Muscle Ridge Channel, in western Penobscot Bay. It is

surrounded by Tommy Island to the southwest, Eben Island to the northwest, and Garden Island

to the south/southeast. The proposed lease is more than 4,400 feet to the northwest of Muscle

Ridge Channel. Although Muscle Ridge Channel likely experiences heavy vessel traffic, especially

during the summer months, the distance of the proposed lease site from the marked channel would

allow for vessels to navigate within the channel unimpeded.

At low water, approximately 580 feet of navigable water separates the proposal from Tommy

Island to the west. Greater than 1,000 feet of navigable water is available between the northern

boundary of the proposal and Eben Island and over 2,000 feet between the southern boundary

and Garden Island (Figure 2). The area to the east of the proposed lease is open water with

scattered shoals of 9 to 12 feet. There appears to be sufficient distance between the proposed

lease site and surrounding navigational obstructions to not interfere with vessel traffic flow in

this area.

From July through September, when vessel traffic in the area is likely the heaviest, longlines would

be removed and vessels would be able to navigate through the proposal. However, it is possible

that vessels would continue to avoid the area due to the 4 perimeter mooring buoys that may remain

onsite throughout the year.8

(3) Fishing and Water-Related Uses

During MDMR’s site assessment on October 02, 2019, 2 lobster buoys were located within the

proposed lease boundaries. Two lobster boats were observed actively fishing within ~1/4 mile of

the proposed lease site with others at a greater distance. Light lobstering activity, as evidenced by

buoys, was observed in the open water to the east of the proposed lease site, which shifted to

moderately heavy lobstering activity in the cove between Waterman Point and Thorndike Point on

the South Thomaston shoreline. The lobster fishery in Maine is largely active in the near-shore

environment during summer and fall months due to the annual migration and molt cycle of lobsters

(Homarus americanus) and therefore unlikely to conflict with the winter and spring culture of

marine algae, as proposed at this lease site.9 However, it is possible that fishing vessels would

continue to avoid the area due to the 4 perimeter mooring buoys that may remain onsite throughout

the year.10

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

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

fisheries, and therefore have the potential to interact with the proposed lease. The date of MDMR’s

site assessment, October 02, 2019, was an open fishing day for the dive harvest of urchins, and a

closed fishing day for the dive harvest of scallops and the drag harvest of both species. No divers

were observed during the site assessment, but the majority of the licenses for both fisheries are

drag licenses which would not have been observed due to the timing of the site visit. Although

MDMR did not conduct an underwater assessment at this site, the applicant reports that both

8 Application, page 14 indicates 4 perimeter buoys will remain onsite year-round. However, George Morrill indicated during a phone call with Cheyenne Adams on February 20th, 2020 that he plans to remove all moorings, lines, and buoys during the summer months. 9 Application, page 4. Culture gear will be deployed after lobster gear is picked up in the fall and removed before lobster activity resumes in the spring.

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scallops and urchins are absent or rare on this site due to the mud sediment.10 MDMR staff typically

observe scallops on sand and shell substrate, not mud habitats, which corroborates the applicant’s

assessment.

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. However, moorings and 4 associated buoys would

be the only gear remaining on site from June to September11 and would be unlikely to interfere

with recreational water-uses unless vessels avoid the area due to the presence of perimeter buoys.

(4) Other Aquaculture Uses

The applicant’s second pending lease application for 4 acres for the suspended culture of marine

algae (2019.06.20E), approximately 2,200 feet to the south of the proposed lease site, would be

the only other aquaculture activity within 1 mile of the proposed lease, if both leases were to be

granted (Figure 3). In the Weskeag River to the northwest, there are 4 LPAs over 1.3 miles, and a

0.97-acre multi-tract lease (WES BC) approximately 1.5 miles, from the proposed lease site.

Additionally, a recently granted 3.79-acre experimental lease for the suspended culture of marine

algae near High Island is over 2 miles to the east/southeast (Jason and Molly Hooper). Other

aquaculture operations in the general vicinity are shown in Figure 3.

Figure 3: Aquaculture activity near the proposed lease area.

10 Application, pages 7 and 11 11 Application, page 14 indicates 4 perimeter buoys will remain onsite year-round. However, George Morrill indicated during a phone call with Cheyenne Adams on February 20th, 2020 that he plans to remove all moorings, lines, and buoys during the summer months.

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(5) Existing System Support

Wildlife

During the site assessment on October 02, 2019, 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 Maine Office of GIS, seabird nesting island habitat on

Tommy Island (above mean high water) and tidal waterfowl and wading bird habitat are approximately

800 feet and 950 feet from the proposed lease site, respectively (Figure 4). Garden Island (over ½ mile

to the southeast of the proposed lease site) is also a seabird nesting island and shorebird nesting, feeding,

and staging habitat.

On July 24th, 2019 Rebecca Settele (Wildlife Biologist, MDIF&W) responded, by email, to a Request

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

Figure 4: Tidal Wading Bird and Waterfowl Habitat,12 Seabird Nesting Islands,13

and Shorebird Nesting, Feeding, and Staging Habitat14 near the proposed lease.

Eelgrass (Zostera marina)

Data collected by MDMR in 2003 indicates the presence of eelgrass beds near the northern shore

of Tommy Island and along the mainland shoreline (Figure 5). These beds are approximately 700

12 Data obtained from MDIWF maintained SDE Feature Class ‘GISVIEW.MEIFW.Twwh’ 13 Data obtained from MDIFW maintained SDE Feature Class 'GISVIEW.MEIFW.sni’ 14 Data obtained from MDIFW maintained SDE Feature Class ‘GISVIEW.MEIFW.shorebirds’

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feet and 1,000 feet from the proposed lease site, respectively. No underwater assessment was

conducted by MDMR staff during the site assessment.

Figure 5: Historical eelgrass (Z. marina) coverage in vicinity of proposed lease.15

Epibenthic Flora and Fauna

MDMR did not conduct an underwater assessment, but the applicant reports that lobsters

(Homarus americanus) and crabs are common during the summer months and sea scallops

(Placopecten megallanicus), green sea urchins (Strongylocentrotus droebachiensis), and

groundfish are rare at the proposed lease site.16 The bottom is described by the applicant as soft

mud with little topographic variation.17

(6) Source of Organisms to be Cultured

The source of seed line listed on the application is Atlantic Sea Farm,18 located in Portland, Maine,

which is an approved source by MDMR.

(7) Interference with Public Facilities

There are no beaches, docking facilities, or conserved land owned by the federal, state, or

municipal government within 1,000 feet of the proposed lease site (Figure 6). Conserved lands in

the general vicinity include Garden Island State Wildlife Management Area, over ½ mile to the

15 Data obtained from SDE Feature Class sourced from The Maine Office of GIS “MaineDMR – Eelgrass 2010” 16 Application, page 11 17 Application, page 10 18 In the application (page 2), Atlantic Sea Farm was referred to as it was previously named, Ocean Approved LLC

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southeast of the proposed lease site, and Birch Point State Park, over 1.5 miles to the northeast of

the proposed lease site. Spaulding Island and Ash Island are both in private conservation, owned

by Maine Coast Heritage Trust, and therefore not subject to the decision criteria in MDMR

Regulations Chapter 2.37(1)(A)(7).

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”


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