Department of Marine Resources Site Review #2017-11 Taunton Bay Oyster Company, Inc. P.O. Box 613 Ellsworth, ME 04605 207-266-3353 Figure 1: Vicinity map 1 Location: Taunton Bay, Town of Hancock, Hancock County, Maine Purpose: Standard lease for the bottom culture of American oysters (Crassostrea virginica) Site Review by: Marcy Nelson and Flora Drury Report Preparation by: Flora Drury, Marcy Nelson, and Jon Lewis November 9, 2017 1 All figures in this report were created in ArcMap version 10.4 using digitized NOAA Nautical Charts or geo-referenced aerial photographs provided by The Maine Office of GIS (Low_Tide_2008). DMR 2017-11 PAGE 1 NOVEMBER 9, 2017
The applicant, Taunton Bay Oyster Company, Inc., is requesting 5.07 2 acres located approximately one mile north of the U.S. Route One bridge in Taunton Bay for the bottom culture of American/eastern oysters (Crassostrea virginica). On October 2, 2017 Maine Department of Marine Resources (MDMR) Scientists Marcy Nelson and Flora Drury visited the proposed bottom aquaculture lease site. Michael Briggs, the principal owner of Taunton Bay Oyster Company, Inc., transported MDMR staff to the proposed lease site. The time of arrival was 11:40 am; the tide was in mid-ebb stage at this time. General Characteristics The proposed lease area occupies subtidal waters near the southwestern shoreline of Taunton Bay, north of the U.S. Route One (Sullivan) bridge and south of Burying Island (Images 1-4). The sandy and rocky shoreline located to the west of the proposed lease leads to steeply sloping uplands that are dominated by a mixed forest (Image 5). Multiple houses are located at the top of this steep embankment (Image 6). Depth/Current MDMR staff arrived on site at 11:40 am and began a dive transect of the site at 12:00 pm. The tide was in the mid-ebb stage. Depth information was collected during the dive transect conducted by MDMR divers. At the time of the Department s dive transect, the site sat in approximately 5 feet to 8 feet of water. Correcting for tidal range would derive water depths approximately 4 feet higher at high tide (9-12 ) and water depths approximately 4 feet lower at low tide (1-4 ). Due to the time of the dive, a current of approximately one knot flowing to the southeast was experienced by MDMR divers. Sullivan, Maine 3 (44.5167 N, 68.2000 W) Date Time Height (ft) 10/02/17 2:56 AM 1.03 L 10/02/17 9:06 AM 9.95 H 10/02/17 3:11 PM 1.32 L 10/02/17 9:18 PM 10.73 H Bottom Characteristics The bottom of the proposed lease site is primarily composed of hard mud. Patches of sand and of gravel were also observed, along with bivalve and gastropod shells, on the bottom of the proposed lease. 2 Applicant originally requested 4.97 acres. DMR calculations, based on the provided coordinates, indicate the area is 5.07 acres. 3 http://tbone.biol.sc.edu/tide/tideshow.cgi?site=sullivan%2c+maine&units=f DMR 2017-11 PAGE 2 NOVEMBER 9, 2017
Images 1 and 2: Facing north and northeast respectively from E Corner of proposed lease (October 2, 2017). Images 3 and 4: Facing east and southeast respectively from E Corner of proposed lease (October 2, 2017). DMR 2017-11 PAGE 3 NOVEMBER 9, 2017
Image 5: Facing southwest from S Corner of proposed lease (October 2, 2017). Image 6: Facing west from W Corner of proposed lease (October 2, 2017). DMR 2017-11 PAGE 4 NOVEMBER 9, 2017
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 10.4, digitized NOAA Nautical Charts, digital orthophotography provided by the Maine Office of GIS, and the application coordinates. Corner Latitude Longitude Application Coordinates 5.07 acres (Figure 2) N 44 o 32 10.14 N 68 o 15 07.02 W then 1094.12 feet at 128.87 o True to E 44 o 32 03.36 N 68 o 14 55.26 W then 200.19 feet at 220.64 o True to S 44 o 32 01.86 N 68 o 14 57.06 W then 1090.31 feet at 308.62 o True to W 44 o 32 08.58 N 68 o 15 08.82 W then 204.84 feet at 39.53 o True to N Corner. Approximate Distances to Shore (Figures 1 & 2) N Corner to eastern shore of Taunton Bay (MLW) N Corner to Nearest Point Burying Island (MLW) E Corner to eastern shore of Taunton Bay (MLW) E Corner to Sullivan Bridge S Corner to Nearest Mainland (MLW) W Boundary to Nearest Mainland (MLW) W Corner to Nearest Ramp Leading to Shoreline W Corner to Nearest Mooring ~1080 feet to the northeast ~4,730 feet to the northeast ~950 feet to the northeast ~0.9 miles to the southeast ~115 feet to the west ~90 feet to the southwest ~600 feet to the northwest ~743 feet to the northwest DMR 2017-11 PAGE 5 NOVEMBER 9, 2017
Figure 2: MDMR dive transect on proposed lease site The criteria MDMR uses to determine the suitability of an aquaculture operation to a particular area (MDMR Regulations Chapter 2.37(A) are discussed, with respect to the proposal, below: (1) Riparian Ingress and Egress On October 2, 2017, no docks, moorings, or stairways for shoreline access were located in the immediate vicinity of the proposed lease site. Stairways leading down the steep upland to the water were present to the north of the proposed lease; the closest of these is located over 500 feet from the western corner of the proposal (Image 7). Kayaks were observed nearby some of these stairways, indicating that riparian owners launch hand-carry vessels from this shoreline. A mooring holding a Boston Whaler was located approximately 740 feet to the northwest of the proposed lease (Image 8). It is unlikely that the proposed lease will interfere with riparian ingress and egress because of the distance it is located away from existing infrastructure. Additionally, no gear would be used on the proposed lease and therefore riparian owners will be able to navigate over the site. DMR 2017-11 PAGE 6 NOVEMBER 9, 2017
Image 7: Closest observed stairway to proposed lease (October 2, 2017). Image 8: Closest observed mooring to proposed lease (October 2, 2017). DMR 2017-11 PAGE 7 NOVEMBER 9, 2017
(2) Navigation The proposed lease activities are not expected to interfere with navigation in the general vicinity. Although boats navigate Taunton Bay for both commercial and recreational purposes, it is unlikely that these vessels will be negatively impacted by the presence of the proposed lease at any tide. The site is located approximately 145 feet from the 18-foot contour line that delineates the deeper part of the channel. Especially at lower tidal stages, it is likely that boats navigating through the area would remain in the bay s deeper channel and avoid the proposed lease site due to the shallow nature. Additionally, no gear would be present on the proposed lease and therefore navigation in the area would largely remain unhindered. (3) Fishing The proposed lease site is located within the Taunton Bay Management Area (TBMA) (DMR Rule Chapter 90.20). All harvest via drag is prohibited within the TBMA with the exception of the drag harvest of marine organisms on aquaculture leases or licenses and the drag harvest of wild blue mussels (Mytilus edulis). Although blue mussel shells were observed in large numbers on the bottom of the proposed lease site on October 2, 2017, MDMR divers did not observe an abundance of live blue mussels during their dive transect of the proposal. 4 On October 02, 2017, approximately 40 lobster pot buoys were observed in the channel between the proposed lease site and the northern shore of Taunton Bay. No lobster traps were set within the proposed lease site at the time of MDMR s site review. One lobster boat was observed hauling traps in northern Taunton Bay when MDMR staff was on route to the proposed lease site. After completing the dive transect, MDMR staff spoke with urchin divers who were in transit from an urchin harvest site south of the proposed lease to a mooring in northern Taunton Bay. The urchin divers did not mention any concern regarding the location of the proposed lease. 5 Furthermore, green sea urchins (Strongylocentrotus droebachiensis) were not observed within the boundaries of the proposed lease site during the MDMR SCUBA assessment. 6 No other commercial or recreational fishing activities were observed in the immediate vicinity, although recreational fishing could occur from shore and by boat in the area. Except during the time when Taunton Bay Oyster Company, Inc. would be actively working on the site, the proposal is unlikely to hinder recreational fishing in the area. (4) Other Aquaculture Uses There are no active aquaculture leases or licenses within one mile of the proposed lease site. The applicant holds the nearest aquaculture lease to the proposal. This lease, TAUN HB4, is located 2.6 miles to the north of the proposed lease site and is licensed for the culture of American/eastern oysters (C. virginica) (Figure 3). 4 (5) Existing System Support 5 These divers are contracted by Taunton Bay Oyster Company, Inc. for oyster harvesting. 6 (5) Existing System Support DMR 2017-11 PAGE 8 NOVEMBER 9, 2017
Figure 3: Active aquaculture leases and licenses nearby proposed lease site (5) Existing System Support On October 02, 2017, a handheld digital video camera contained within an underwater housing was used to document the epibenthic ecology of the surrounding area. The proposed lease area is composed of hard mud, sand, and gravel substrate (Images 9 and10). Empty blue mussel (Mytilus edulis) and common periwinkle (Littorina littorea) shells were abundant on the seafloor of the proposed lease site (Image 11). The relative abundance of epibenthic macro flora and fauna observed throughout the video transects is described below. Species and Abundances Sugar kelp (Saccharina latissima) - abundant Common periwinkle (Littorina littorea) - abundant Blue mussel (Mytilus edulis) common Common slippersnail (Crepidula fornicata) - abundant Knotted wrack (Ascophyllum nodosum) - rare Finger Sponge (Haliclona sp.) - rare Colonial tunicate (Didemnum vexillum) - abundant Rockweeds (Fucus spp.) - common Crustose Algae (Phymatolithon sp.) - common DMR 2017-11 PAGE 9 NOVEMBER 9, 2017
Species and Abundances Cont. Irish moss (Chondrus crispus) - abundant Green crab (Carcinus maenas) - common Barnacle (Balanus sp.) - common Common sand dollar (Echinarachnius parma) - rare Filamentous red and brown algae (Rhodophyta and Phaeophycophyta) - common Image 9: Bottom of proposed lease site (October 2, 2017). Image 10: Bottom of proposed lease site (October 2, 2017). DMR 2017-11 PAGE 10 NOVEMBER 9, 2017
Image 11: Bottom of proposed lease site (October 2, 2017). Image 12: Green crab fleeing from MDMR divers (October 2, 2017) Eelgrass (Zostera marina) According to data collected by the Maine Department of Marine Resources, there are historical records of eelgrass within the general vicinity of the proposed lease site. In 2008, the Department assessed the proposed lease site to contain patches of eelgrass with a density of up to 70% - 100% DMR 2017-11 PAGE 11 NOVEMBER 9, 2017
cover (Figure 4). No eelgrass was observed during the Department s underwater site assessment on October 02, 2017. Figure 4: Historical records of eelgrass (Z. marina) in the vicinity of the proposed lease area 7 Wildlife Double-crested cormorants (Phalacrocorax auritus) and a common loon (Gavia immer) were observed during MDMR s site review on October 02, 2017. According to GIS (Geographic Information System) data maintained by MDIF&W and available through the Maine Office of GIS, the closest mapped habitat of a species listed as Endangered, Threatened, or of Special Concern is a bald eagle (Haliaeetus leucocephalus) nest located approximately 0.85 miles to the northwest of the proposed lease site (Figure 5). The majority of Taunton Bay, including the proposed lease area, is categorized as Tidal Wading Bird and Waterfowl Habitat (Figure 5). Tidal Wading Bird and Waterfowl Habitat is defined under Maine's Natural Resources Protection Act (NRPA) as Significant Wildlife Habitat. 7 Data obtained from MDIWF maintained SDE Feature Class GISVIEW.MEIFW.ETSC DMR 2017-11 PAGE 12 NOVEMBER 9, 2017
In an email dated September 20, 2017 John Perry, an Environmental Review Coordinator for MDIFW, stated: The proposed site is within a high-value Significant Wildlife Habitat mapped as a reefmudflat complex. According to the application for the proposed project, there are a variety of flora and fauna listed as common which are known to be a benefit to wildlife and are commonly associated with this type of Significant Wildlife Habitat. If possible, avoid areas with abundant to common flora and fauna, and favor areas where they are found at lower levels of abundance. Figure 5: Endangered, Threatened, or of Special Concern Habitat 8 and Tidal Wading Bird and Waterfowl Habitat 9 in the vicinity of the proposed lease site (6) Interference with Public Facilities There are no public facilities within 1,000 feet of the proposed lease. 8 9 Data obtained from MDIWF maintained SDE Feature Class GISVIEW.MEIFW.ETSC Data obtained from MDIWF maintained SDE Feature Class GISVIEW.MEIFW.Twwh DMR 2017-11 PAGE 13 NOVEMBER 9, 2017
(7) Water Quality The area of the proposed lease site is currently classified as open/approved for the harvest of shellfish. (8) Lighting The applicant does not plan to install lighting at the proposed site. (9) Noise The applicant plans to use 21 or 24 Carolina Skiffs powered by 4 stroke engines to tend the proposed site. A gasoline engine/hydraulic pump may be used to power a conveyor belt used for planting oysters. This gasoline engine would be covered with an insulated and louvered box, have a water exhaust, or employ the best available muffler technology. This technology would be used 1-2 hours per week. Lastly, an electric hauler may be used to assist with oyster harvesting. This hauler is proposed for use 3-5 hours per day, 3-6 days per week. (10) Visual Impact The applicant is proposing to bottom plant American/eastern oysters (C. virginica) on the lease site in question. With the exception of marker buoys, no gear is proposed for this site. DMR 2017-11 PAGE 14 NOVEMBER 9, 2017