Department of Marine Resources Downeast Institute Dianne Tilton Site Review PO Box 83, 39 Wildflower Lane Beals, ME 04611

Figure 1: Vicinity map1

Location: Joan’s Pound, Tidal Impoundment on Black Duck Cove, Eastern Bay, Beals, Washington County,

Purpose: Experimental lease for the suspended culture of soft-shell (Mya arenaria), Arctic Surf Clams (Mactromeris polynema), American/eastern ( virginica), European oysters ( edulis), razor clams ( leei), Atlantic surf (Spisula solidissima), and northern quahogs (Mercenaria mercenaria).

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

Report Completed: January 26, 2021

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 (orthoCoastalDownEastCoast2009).

DOWNEAST INSTITUTE, JOAN’S POUND (BEALS) PAGE 1 JANUARY 26, 2021 Application Overview

The applicant, Downeast Institute, is requesting 0.812 acres for a commercial experimental lease in an intertidal area in Black Duck Cove for the suspended culture of soft-shell clams (Mya arenaria), Arctic Surf Clams (Mactromeris polynema), American/eastern oysters (Crassostrea virginica), European oysters (Ostrea edulis), razor clams (Ensis leei), (Spisula solidissima), and northern quahogs (Mercenaria mercenaria).3 The proposed lease area is located entirely within a tidal impoundment known as “Joan’s Pound” which is surrounded by the applicant’s adjacent property and maintained by the applicant.4

The applicant proposes to cultivate using floating trays (36”Wx48”Lx3”D) and mesh bags (18”Wx23”Lx3”D) either floating at the surface of the water in the spring-fall months, or submerged below the surface of the water in the winter months.5 The maximum layout of the site would include either 3400 mesh bags deployed on 47 longlines that are proposed to be 264 feet in length and 1 longline that is proposed to be 48 feet in length, or 200 floating trays deployed on 10 longlines that are proposed to be 267 feet in length, or a combination of both gear types.6 It should be noted that the overhead view in the application depicts one possible gear layout with both mesh bags and floating trays deployed, and not the potential maximum gear layout if only mesh bags or floating trays were to be used. Additionally, the overhead view depicts a maximum of 636 floating trays, but the applicant clarified via email that they intend to use a maximum of only 200 trays.7 The site is intended for nursery culture only.8

General Characteristics

MDMR Scientist Cheyenne Adams assessed the proposed lease site on October 28, 2020. MDMR arrived on site at approximately 12:00 pm; the tide was ebbing in Black Duck Cove. The proposal is entirely enclosed by the pound infrastructure that is operated and maintained by the applicant. The shoreline is a mixture of ledge, boulder, and a small gravel beach, with forested uplands (Image 1). Various structures associated with Downeast Institute (Image 2) and neighboring residential buildings (Image 3) are present in the general vicinity.

2 Applicant originally requested 0.84 acres. DMR calculations, based on the coordinates provided by the applicant, indicate the area is 0.81 acres. 3 Application, page 2 4 Application pages 54-55 5 Application, page 13 6 Application, page 6 and email correspondence between C. Adams and the applicant, 1/25/2021 7 Application, page 41 and email correspondence between C. Adams and the applicant, 1/25/2021 8 Application, page 4

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Image 1: Facing northeast from the proposed SW corner (October 28, 2020).

Image 2: Facing south from the proposed SW corner (October 28, 2020).

DOWNEAST INSTITUTE, JOAN’S POUND (BEALS) PAGE 3 JANUARY 26, 2021

Image 3: Facing southeast from the proposed SW corner (October 28, 2020).

Figure 2: Approximate location of photos of the bottom substrate and walking transect.9

9 Aerial photograph provided by the Maine Office of GIS (orthoCoastalDownEastCoast2009).

DOWNEAST INSTITUTE, JOAN’S POUND (BEALS) PAGE 4 JANUARY 26, 2021 Depth

The entirety of the proposed lease site is contained within a tidal impoundment maintained by the applicant. The water depth of the proposal, therefore, is at least partially a function of the tide gate management, in addition to the local tidal stage. Due to this, depths were not collected during the site assessment on October 28, 2020, but local tide predictions are listed in Table 1 for reference. However, the application states that the lease site is above mean low water (MLW)10 and would therefore be expected to drain completely during lower tidal stages if the pound gate were opened. With the gate closed, the application states that water depths vary from 5 to 12.5 feet.11 The applicant is the owner of the adjacent upland parcel surrounding the proposed lease area. Furthermore, the applicant provided a letter of consent from the Town of Beals, Board of Selectmen with regards to the proposed operation.12

Table 1: Tide predictions: Moosabec Reach, Jonesport, Maine (44.5283° N, 67.5983° W)13 Date Time Height (ft) 10/28/2020 3:28 AM 0.69 L 10/28/2020 9:37 AM 11.56 H 10/28/2020 3:50 PM 0.87 L 10/28/2020 9:55 PM 11.68 H

Bottom Characteristics

MDMR staff observed the bottom characteristics of the proposed lease site from the shoreline of the pound (Figure 2). Bottom characteristics were categorized using the Coastal and Marine Ecological Classification Standard (CMECS), a national standard for describing features of the marine environment (Table 2). Sediment information was determined based on visual analysis; no sediment samples were collected, or grain size analysis performed. The bottom of the proposed lease is composed primarily of cobble, mud, and shell hash (Image 4).

Table 2: Bottom characteristics of proposed site Substrate Substrate Origin Substrate Class Substrate Subclass Group Coarse Geologic Unconsolidated Unconsolidated Cobble Substrate Mineral Substrate Substrate Geologic Unconsolidated Fine Unconsolidated Mud Substrate Mineral Substrate Substrate Biogenic Shell Substrate Shell Hash - Substrate

10 Application, page 1 11 Application, page 9 12 Application, page 54-55, and 69 13 http://tbone.biol.sc.edu/tide/tideshow.cgi

DOWNEAST INSTITUTE, JOAN’S POUND (BEALS) PAGE 5 JANUARY 26, 2021

Image 4: Cobble bottom type near the proposed SW corner (October 28, 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, and the application coordinates.

Application Coordinates (WGS84) – 0.81 Acres (Figure 2)

Corner Latitude Longitude NW 44.480886° N 67.595993° W then 141.13feet at 100.87° True to NE 44.480813° N 67.595462° W then 325.60 feet at 224.86° True to SE 44.480180° N 67.596342° W then 122.30 feet at 303.88° True to SW 44.480367° N 67.596731° W then 270.01 feet at 45.51° True to NW.

Table 3: Approximate distances from proposed lease to surrounding features (Figures 1 & 2). Unless otherwise noted, measurements were made using digital orthophotography provided by the Maine Office of GIS (orthoCoastalDownEastCoast2009). Feature Distance SW Corner to nearest point, impoundment structure ~3 feet to the southwest NW Corner to nearest point, upland shoreline of pound ~35 feet to the northwest NE Corner to nearest point, upland shoreline of pound ~25 feet to the southeast SE Corner to nearest point, impoundment structure ~5 feet to the southwest

DOWNEAST INSTITUTE, JOAN’S POUND (BEALS) PAGE 6 JANUARY 26, 2021 The criteria MDMR uses to determine the suitability of an aquaculture operation to an area (MDMR Regulations Chapter 2.64(11)(A)) are discussed, with respect to the proposal, below:

(1) Riparian Ingress and Egress

During MDMR’s site assessment on October 28, 2020, an outhaul system and hauled out rowboat were observed on the beach near the proposed SW corner. Both the outhaul and rowboat, as well as the upland adjacent to the beach, are the property of the applicant. Since the proposed lease site is located within a tidal impoundment operated by the applicant and entirely surrounded by the applicant’s property, any riparian access to and from the pound would be limited to the applicant. Therefore, the proposed lease is not expected to interfere with riparian access.

(2) Navigation

A small rowboat, owned by the applicant, was observed hauled out on the gravel beach near the proposed SW corner during MDMR’s site assessment on October 28, 2020. While the proposed lease would comprise the majority of the impounded area, at least ~10 feet would remain between the pound shoreline and the proposed lease area on the western, northern, and most of the eastern boundaries, which could facilitate navigating around the lease site, if granted, in the applicant’s rowboat or similar vessel. Moreover, since the proposed lease site is entirely within a tidal impoundment operated by the applicant and surrounded by the applicant’s property, there is no public boat access to the waters where the lease is being proposed.

(3) Fishing and Other Uses

While approximately 6 lobster trap buoys and one vessel hauling traps were observed outside the pound during MDMR’s site assessment on October 28, 2020, no commercial fishing is expected to occur inside the pound boundaries. Several mooring and marker buoys were observed inside the pound, but all were confirmed to belong to the applicant via personal communication during the site visit. The application states that intertidal collection of periwinkles (Littorina sp.) has been observed outside the pound.14 Since the proposed lease area is located inside a tidal impoundment operated by the applicant and surrounded by the applicant’s property, any other uses of the area are expected to be associated with the applicant and compatible with the proposed aquaculture activities.

(4) Other Aquaculture Uses

There are no aquaculture leases or licenses within Joan’s Pound. There are 8 Limited Purpose Aquaculture (LPA) licenses and 1 lease within 1 mile of the proposal (Figure 3). The lease, EAST MHCx, is a 3.95-acre experimental lease held by Downeast Institute for the suspended culture of shellfish. The LPAs are licensed to two different individuals, both of whom are employees of Downeast Institute.

14 Application, page 11 and email correspondence between C. Adams and applicant, 1/25/2021

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Figure 3: Aquaculture leases and Limited Purpose Aquaculture (LPA) licenses within 1 mile of the proposed lease area.

(5) Existing System Support

On October 28, 2020, MDMR staff conducted a walk-around shoreline survey of the proposed lease site (Figure 2). The bottom of the proposed lease is composed of cobble, mud, and shell hash. Epibenthic macro flora and fauna observed from the shoreline are described in Table 4.

Table 4: Species observed on October 28, 2020. Species Observed Abundance Mud shrimp (Crangon sp.) Common Rockweed (Ascophyllum nodosum) Occasional Bladder wrack (Fucus sp.) Occasional Sugar Kelp (Saccharina latissima) Occasional Common – along Invasive colonial tunicate (Didemnum vexillum) southern boundary

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Image 5: Invasive colonial tunicate (Didemnum vexillum) observed within boundaries of proposal, mostly along the southern boundary (October 28, 2020)

Eelgrass (Zostera marina)

Historical eelgrass (Zostera marina) data collected by The Maine Department of Marine Resources indicate that, in 2009, eelgrass was observed in Black Duck Cove, approximately 200 feet outside the impoundment structure (Figure 4). During MDMR’s site assessment on October 28, 2020, no eelgrass was observed from the shoreline of the pound.

Figure 4: Eelgrass (Z. marina) near the proposed lease site, 2009.15

15 Data obtained from Maine Office of GIS (MaineDMR – Eelgrass 2010)

DOWNEAST INSTITUTE, JOAN’S POUND (BEALS) PAGE 9 JANUARY 26, 2021 Wildlife

During MDMR’s site review on October 28, 2020, MDMR staff observed a double-crested cormorant (Phalacrocorax auritus), several bufflehead (Bucephala albeola), and a common loon (Gavia immer). According to GIS (Geographic Information System) data maintained by MDIF&W and available through the Maine Office of GIS, the proposed lease is located more than 350 feet to the northwest of crowberry blue butterfly (Plebejus idas empetri) habitat, which is considered a Species of Greatest Conservation Need (Figure 5). Additionally, the proposed lease is more than 2,400 feet to the southwest of Tidal Wading Bird and Waterfowl Habitat.

On August 20, 2020, 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 5: Tidal Wading Bird and Waterfowl Habitat16 and Endangered, Threatened, or Species of Special Concern17 near the proposed lease site.

(6) Source of Organism to be Cultured

The source of all species would be Downeast Institute, located in Beals, Maine. This hatchery is an approved source by MDMR for all the proposed species.

(7) Interference with Public Facilities

The proposed lease is not within 1,000 feet of any beach, park, or docking facility that is owned by federal, state, or municipal governments (Figure 6). The nearest conserved land is

16 Data obtained from MDIWF maintained SDE Feature Class “GISVIEW.MEIFW.Twwh” 17 Data obtained from MDIWF maintained SDE Feature Class “GISVIEW.MEIFW.ETSC”

DOWNEAST INSTITUTE, JOAN’S POUND (BEALS) PAGE 10 JANUARY 26, 2021 Great Wass Island Preserve and associated easements, held in private conservation by The Nature Conservancy, which is to the north, east, and south of the proposal; the conserved land is approximately 130 feet from the proposal at the nearest point. Privately-owned conserved lands are not included in the decision criteria for granting experimental leases, as per MDMR Regulations Chapter 2.64(11)(A)).

Figure 6: Public facilities near the proposed lease site.18

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

DOWNEAST INSTITUTE, JOAN’S POUND (BEALS) PAGE 11 JANUARY 26, 2021