MUSSEL BOUND, INC. (THOMAS IS., BAR HARBOR) PAGE 1 MARCH 26, 2020
Department of Marine Resources
Site Review
Mussel Bound, Inc.
222 Kitteridge Brook Road
Bar Harbor, ME 04609
Figure 1: Vicinity map1
Location: Northwest of Thomas Island, Frenchman Bay, Bar Harbor, Hancock County, Maine
Purpose: Experimental lease for the suspended culture of blue mussels (Mytilus edulis)
Site Review by: Jon Lewis, Marcy Nelson, and Flora Drury March 26, 2020
Report Preparation by: Marcy Nelson, Flora Drury, Cheyenne Adams, and Jon Lewis
1Unless otherwise noted, 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
(orthoCoastalDownEastCoast2008, previously known as Low_Tide_2008).
MUSSEL BOUND, INC. (THOMAS IS., BAR HARBOR) PAGE 2 MARCH 26, 2020
Application Overview
The applicant, Mussel Bound, Inc., is requesting 3.412 acres northwest of Thomas Island in
Frenchman Bay, for the suspended culture of blue mussels (Mytilus edulis) (Figures 1 & 2). The
applicant proposes to cultivate blue mussels using 3 repurposed circular plastic fish pens (polar
circles), each measuring 70 meters in circumference and supporting longlines, spat collection dropper
lines, and associated buoys (Image 1). Each polar circle would support an external net to protect seed
mussels from predation.3 The applicant has a permit from the U.S. Army Corps Engineers (ACOE)
to conduct similar activities, minus the use of predator nets, within the area of the proposed lease.4
General Characteristics
MDMR Scientists Jon Lewis, Marcy Nelson, and Flora Drury assessed the proposed lease site on
October 9, 2019. MDMR arrived at the site at approximately 11:20 am. The Thomas Island shoreline
to the southeast of the proposal is undeveloped; rocky intertidal leads to forested uplands (Image 2).
Residential properties are present along Israel Point to the south whereas both residential and
commercial properties, including the Hancock County - Bar Harbor Airport and seaplane ramp/boat
launch, are located along the shoreline to the north (Images 3-6).
Image 1: Polar circle fish pen with spat collection lines and predator nets in the area of
the proposed lease (October 9, 2019).
2 Applicant described the area as 3.40 acres. DMR calculations, based on the coordinates provided by the applicant,
indicate the area is 3.41 acres. 3 Application, pages 14-16 4 Application, pages 36-39
MUSSEL BOUND, INC. (THOMAS IS., BAR HARBOR) PAGE 3 MARCH 26, 2020
Image 2: Looking northeast towards Thomas Island from the proposed
south corner (October 9, 2019).
Image 3: Looking south towards Israel Point from the west corner of the
proposed lease site (October 9, 2019).
MUSSEL BOUND, INC. (THOMAS IS., BAR HARBOR) PAGE 4 MARCH 26, 2020
Image 4: Looking southwest towards Mount Desert Narrows from the west
corner of the proposed lease site (October 9, 2019).
Image 5: Looking west from the west corner of the proposed lease site
(October 9, 2019).
MUSSEL BOUND, INC. (THOMAS IS., BAR HARBOR) PAGE 5 MARCH 26, 2020
Image 6: Looking northwest towards the Bar Harbor Airport and public boat
launch from the west corner of the proposed lease site (October 9, 2019).
Image 7: Looking north from the west corner of the proposed lease site
(October 9, 2019).
MUSSEL BOUND, INC. (THOMAS IS., BAR HARBOR) PAGE 6 MARCH 26, 2020
Image 8: Looking east from the west corner of the proposed lease site
(October 9, 2019).
Depth
At the time of MDMR’s site assessment, depths at the corners of the proposed lease site ranged from
32.7 feet at the west corner to 39.8 feet at the north corner (Figure 2), as measured with a transom-
mounted depth sounder. MDMR staff observed the depths of the proposed lease site at approximately
11:20 am. High tide, with a height of 9.87 feet, was predicted to occur at 8:59 am. Correcting for tidal
variation derives water depths approximately 2.9 feet higher at the nearest high water (35.6-42.7) and
8.53 feet lower (24.2-31.3) at mean low water (MLW, 0.0 feet).
Table 1: Tide predictions: Mount Desert Narrows, Maine
(43.4333° N, 68.3667° W)5
Date Time Height (ft)
10/09/19 2:43 AM 0.92 L
10/09/19 8:59 AM 9.87 H
10/09/19 2:59 PM 1.56 L
10/09/19 9:11 PM 10.52 H
5 http://tbone.biol.sc.edu/tide/tideshow.cgi
MUSSEL BOUND, INC. (THOMAS IS., BAR HARBOR) PAGE 7 MARCH 26, 2020
Position and Distances to Shore
On October 9, 2019, a hand-held global positioning system (GPS) was used to verify the location
of the proposed lease. 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,
and the application coordinates.
Application Coordinates (Datum WGS84) – 3.41 Acres (Figure 2)
Corner Latitude Longitude
W 44° 26’ 13.38” N 68° 20’ 55.50” W then 519.78 feet at 45.62° True to
N 44° 26’ 16.97” N 68° 20’ 50.38” W then 300.06 feet at 153.43° True to
E 44° 26’ 14.32” N 68° 20’ 48.53” W then 519.08 feet at 225.70° True to
S 44° 26’ 10.74” N 68° 20’ 53.65” W then 299.16 feet at 333.34° True to W.
Table 2: Approximate distances from proposed lease to surrounding features (Figures 1 & 2).
Measurements were made using digital orthophotography provided by the Maine Office of GIS
(orthoCoastalDownEastCoast2008).
Feature Distance
Corner E to Nearest Point, Thomas Island (~MLW) ~390 feet to the southeast
Corner S to Nearest Point, Thomas Island (~MLW) ~630 feet to the east
Corner S to Nearest Point, Thompson Island Mudflats (~MLW) ~2,200 feet to the southwest
Corner W to Nearest Point, Trapp Rock (~MLW) ~2,370 feet to the west
Corner W to Trenton Boat Ramp (~MLW) ~2,800 feet to the northwest
Corner N to Nearest Point, Trenton Mainland (~MLW) ~2,700 feet to the northwest
MUSSEL BOUND, INC. (THOMAS IS., BAR HARBOR) PAGE 8 MARCH 26, 2020
Figure 2: Proposed lease area in relation to GPS waypoints collected on October 9, 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 Ingress and Egress
At the time of MDMR’s site assessment, there were no docks within the vicinity of the proposed
lease site. The Thomas Island shoreline nearest the proposed lease is undeveloped (Figure 2,
Image 2). Direct access to the island is limited to vessels that can land on shore. Larger vessels
would be required to anchor offshore of the island, landing instead with dinghies, skiffs, or hand-
powered vessels such as kayaks. According to information provided by the owner of Thomas
Island, Maine Coast Heritage Trust, the island is “most easily accessed by boat along its northeast
shore”.6 The proposed lease, if granted, would not hinder access to the northeastern shore of
Thomas Island. Regarding access to the island from the northwestern shore, more than 390 feet
of navigable area between the proposed lease and the island would remain at lower tidal stages.
Vessels approaching Thomas Island from the north and west may be required to alter course
around the proposed lease, if granted. More than 2,000 feet separate the proposed lease from any
other shorefront properties.
6 https://www.mcht.org/preserve/thomas-island/
MUSSEL BOUND, INC. (THOMAS IS., BAR HARBOR) PAGE 9 MARCH 26, 2020
On October 9, 2019, 11 mooring balls were observed within the general vicinity of the
proposed lease (Figure 2, Image 9). Seven of these were identified by the same yellow balls
and are presumably associated with the existing circular fish pens and mussel spat collection
activities of the applicant. Four large moorings located to the north and northeast of the
proposal are storm moorings issued to the Bar Harbor Whale Watch Company by the U.S.
Army Corps of Engineers (ACOE), permit #NAE-2006-2048.7 On October 9, 2019, the nearest
of these moorings was located 297 feet to the north of the proposal (Figure 2). According to
Charlie Phippen, Harbormaster for the Town of Bar Harbor, the applicant has 3 registered
moorings within the boundaries of the proposed lease.89 Mr. Phippen further stated, in the
Harbormaster Questionnaire, that the proposed lease should have “no significant impact” on
navigation and “no [e]ffect on riparian access”.
Image 9: Moorings and circular pens observed within and near the proposed site on
October 9, 2019.
(2) Navigation
The proposed lease is located more than 390 feet to the northwest of Thomas Island, and more
than 2,000 feet from the nearest other shorelines and tidally exposed mudflats (Figures 1 and
2). It is situated in a deep-water channel leading into Thomas Bay. At MLW a minimum of 300
feet of water, greater than 12 feet in depth, is available for navigation in all directions around
the proposed lease. Vessels transiting through Mount Desert Narrows and Thomas Bay at
lower tidal stages will be constrained more by extensive tidally exposed mudflats and shoal
water than by the proposed lease, if granted. Vessels accessing the publicly available Thomas
Island from the north and west may have to alter course around the proposed lease, if granted.
If mooring lines are easily identifiable, vessels may retain the ability to traverse through the
lease area, perpendicular to the long axis of the proposed lease. The applicant further proposes
30 feet of spacing between each of the 3 proposed circular pen structures and parallel to the
long axis of the proposed lease site.
7 Email to Marcy Nelson (MDMR) from Shawn Mahaney (ACOE) on March 25, 2020. 8 Harbormaster Questionnaire, July 22, 2019 9 Follow-up email between Marcy Nelson (MDMR) and Mr. Phippen (Bar Harbor Harbormaster) on March 25, 2020.
MUSSEL BOUND, INC. (THOMAS IS., BAR HARBOR) PAGE 10 MARCH 26, 2020
(3) Fishing and Other Uses
During MDMR’s site assessment on October 9, 2019, GPS waypoints were collected on the
fourteen lobster trap buoys documented within the vicinity of the proposed lease (Figure 2). One
vessel was observed hauling traps nearby and within the proposed lease area. A moderate amount of
commercial lobster activity, as evidenced by trap buoys, was also noted in the channel to the north
and east.
Although not observed during MDMR’s visit, recreational fishing may occur in the general
vicinity and would likely be most prevalent during the summer months. While the proposed
activities will not restrict hook and line fishing in the area, there is the potential for occasional
entanglement in predator nets.
According to Charlie Phippen, Harbormaster for the Town of Bar Harbor, there are few
recreational fishing vessels and some seasonal commercial lobster fishing in the area of the
proposed lease.10
(4) Other Aquaculture Uses
There are four aquaculture leases and two Limited Purpose Aquaculture (LPA) licenses within
1 mile of the proposed lease site (Figure 3). Lease EAST TB (15.83 acres) is located ~750 feet
to the south and held by Bar Harbor Oyster Company, LLC. for the suspended culture of
American oysters (Crassostrea virginica). Leases EAST HP (40.4 acres) and EAST OP2 (31.6
acres) are held by Acadia Aqua Farms, LLC. and located ~3,450 feet to the east and ~4,025
feet to the northeast, respectively. Both leases are approved for the bottom culture of blue
mussels. Lease EAST OP is located ~3,535 feet to the north and held by Mooseabec Mussels,
Inc. for the bottom culture of blue mussels on 89.70 acres. Joanna Walls and Jesse Fogg each
have one LPA for the suspended culture of American oysters located to the north of The
Twinnies Islands (Figure 3) and more than 1,490 feet to the east of the proposal.
10 Harbormaster Questionnaire, July 22, 2019
MUSSEL BOUND, INC. (THOMAS IS., BAR HARBOR) PAGE 11 MARCH 26, 2020
Figure 3: Aquaculture leases and Limited Purpose Aquaculture (LPA) licenses within
one mile of the proposed lease area.
(5) Existing System Support
Epibenthic Flora and Fauna
MDMR did not conduct an underwater assessment, but the applicant reports that blue mussels
(Mytilus edulis), crabs, and sea stars are present in limited numbers due to the soft mud
topography of the proposed lease site.11 The lease is proposed for suspended seed collection and
culture of blue mussels. Based on depth measurements collected by MDMR staff and
information provided in the application12, spat collector lines and predator nets would be
suspended approximately 5-20 feet above the bottom sediments at MLW.
Eelgrass (Zostera marina)
Historical eelgrass (Zostera marina) data collected by The Maine Department of Marine
Resources indicate that, in 2008, the closest observed eelgrass bed to the proposed lease was
more than 2,400 feet to the northeast (Figure 4). The activities at the proposed lease, if granted,
11 Application, page 11 12 Application, page 16
MUSSEL BOUND, INC. (THOMAS IS., BAR HARBOR) PAGE 12 MARCH 26, 2020
are unlikely to negatively impact these eelgrass beds, either directly through physical disturbance
or indirectly through shading.
Figure 4: Historical eelgrass (Z. marina)13 near the proposed lease site.
Wildlife
According to GIS (Geographic Information System) data maintained by MDIF&W and available
through the Maine Office of GIS, the proposed lease is located within Tidal Wading Bird and
Waterfowl Habitat specifically defined as a reef-mudflat complex. The closest bald eagle (Haliaeetus
leucocephalus) nest to the proposal is located on the southern-most of The Twinnies Islands, and the
¼-mile buffer associated with this nest is more than 2,700 feet to the southeast (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.
A copy of the application and a “Request for Agency Review and Comment” was sent to MDIF&W
on July 18, 2019. According to Rebecca Settele (MDIF&W Wildlife Biologist), “Minimal impacts
to wildlife are anticipated for this project.”14
13Data obtained from Maine Office of GIS (Eelgrass2010). 14 Email to Cindy Burke (MDMR) on March 25, 2020.
MUSSEL BOUND, INC. (THOMAS IS., BAR HARBOR) PAGE 13 MARCH 26, 2020
Figure 5: Tidal Wading Bird and Waterfowl Habitat15 and Endangered,
Threatened, or Species of Special Concern16 near the proposed lease site.
(6) Interference with Public Facilities
The proposed lease is not within 1,000 feet of any beach, park, docking facility, or conserved
lands owned by federal, state, or municipal governments (Figure 6). The closest publicly-
owned parcel is North Twinnie Island, located approximately 2,090 feet to the southeast and
owned by the U.S. Fish and Wildlife Service. It is considered a “National Wilderness Area”.
Thomas Island, located approximately 390 feet to the southeast, is privately owned and
managed by Maine Coast Heritage Trust.
15 Data obtained from MDIWF maintained SDE Feature Class “GISVIEW.MEIFW.Twwh” 16 Data obtained from MDIWF maintained SDE Feature Class “GISVIEW.MEIFW.ETSC”
MUSSEL BOUND, INC. (THOMAS IS., BAR HARBOR) PAGE 14 MARCH 26, 2020
Figure 6: Public facilities near the proposed lease site.17
(7) Water Quality
The proposed lease area is currently classified as “Open/Approved” by the MDMR Bureau of
Public Health for the harvest of shellfish.
17 Data obtained from SDE Feature Class sourced from The Maine Office of GIS
“GISVIEW.MECONSLANDS.Conserved_Lands”