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Deep Blue Aquaculture (Eastern Penobscot Bay) August 6, 2020

Department of Marine Resources

Site Review

Deep Blue Aquaculture, LLC

60 Court Street

Belfast, ME 04915

Figure 1. Vicinity map.1

Location: West of Hog Island, Eastern Penobscot Bay, Deer Isle, Hancock County, Maine

Purpose: Experimental lease for the suspended culture of sea scallops (Placopecten magellanicus)

Site Review by: Cheyenne Adams

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

Report Completed: August 6, 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).


Application Overview

On June 15, 2020, Maine Department of Marine Resources (MDMR) scientist Cheyenne Adams

visited the proposed experimental lease site aboard the applicant’s vessel. MDMR staff arrived in

the area at 8:15am; the tide was in the early ebb stage.

The applicant is requesting 3.912 acres west of Hog Island in Eastern Penobscot Bay for the suspended

culture of sea scallops (Placopecten magellanicus).3 The applicant proposes to culture scallops on 3

800-foot longlines.4 The longlines, suspended a minimum of 15 feet below the water surface, would

support a maximum of 1,600 lantern nets (20” W x 5’ L), 450 spat bags (14” W x 30” L), and 2,400 30-

foot dropper lines with ear-hung scallops.5 Gear would be deployed year-round and activity would be

heaviest June through October. Activity would include the use of a battery-powered grading machine,

which is proposed to be used on a monthly basis. Additionally, the applicant proposes to use a power

washer, powered by the applicant’s vessel hydraulic system, which would be used for up to 5 days at a

time, occurring up to 3 times yearly. The applicant proposes to harvest scallops year-round.6

General Characteristics

The proposed lease site occupies subtidal waters to the west of Hog Island (Images 1 & 2) and southeast

of Pond and Western Islands (Images 3 & 4) in Eastern Penobscot Bay. To the west, open water extends

over 4 miles to Islesboro Island (Image 5). Beach and Barred Islands are to the southwest (Image 6), and

Pickering Island is to the southeast (Image 7). The shoreline of Hog Island, closest to the proposed lease,

is a mix of rocky ledge and sand beach that lead to lawn and coniferous forested uplands with a single

residential building. The shorelines of Pond and Western Islands are similarly composed of mixed ledge

and sand beach with coniferous forested uplands. Pond Island also supports marsh grass uplands.

Depth

At the time of MDMR’s site assessment (8:15 am), water depth at the proposed lease corners ranged

from 67 to 69 feet, as measured with a transom-mounted depth sounder. Low tide was predicted to occur

at 1:33 pm with a depth of 0.70 feet above mean low water (MLW). Correcting for tidal variation derives

water depths approximately 0.4 feet higher (67.4 to 69.4 feet) at the nearest high water and

approximately 8.5 feet lower (58.5 to 60.5 feet) at MLW (0.0 feet).

Table 1: Tide predictions at Northwest Harbor, Deer Isle, Penobscot Bay, Maine

(44.2333° N, 68.6833° W)7

Date Time Height (ft.)

6/15/2020 1:16 AM 1.89 L

6/15/2020 7:23 AM 9.17 H

6/15/2020 1:33 PM 0.70 L

6/15/2020 7:52 PM 9.72 H

2 Applicant requested 3.86 acres. MDMR calculations, based on the provided coordinates, indicate the area is 3.91 acres. 3 Application, pages 1 & 2 (labelled as pages 4 & 5 in the application) 4 Application page 6 (labelled as page 9 in the application) 5 Application, pages 22 and 23 (labelled as pages 25 & 26 in the application) 6 Application, pages 5 and 6 (labelled as pages 8 and 9 in the application) 7 http://tbone.biol.sc.edu/tide/tideshow.cgi


Image 1. Facing east toward Hog Island from southwest of the proposed NW

corner (June 15, 2020).

Image 2. Facing northeast toward the western tip of Hog Island from

southwest of the proposed NW corner (June 15, 2020).


Image 3. Facing north toward Pond Island from southwest of the proposed

NW corner (June 15, 2020).

Image 4. Facing northwest toward Western Island from southwest of the

proposed NW corner (June 15, 2020).


Image 5. Facing west from southwest of the proposed NW corner

(June 15, 2020).

Image 6. Facing south/southwest toward Limited Purposed Aquaculture (LPA) licenses

held by Andrew Peters, the sole owner of Deep Blue Aquaculture, LLC, and Beach

and Barred Islands from southwest of the proposed NW corner (June 15, 2020).


Image 7. Facing southeast toward Pickering Island from southwest of the

proposed NW corner (June 15, 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 (unless otherwise noted), and the

application coordinates.

Application Coordinates (Datum WGS 84) – 3.91 acres (Figure 2)

Corner Latitude Longitude

NE 44.282474° N 68.799887° W then 140.14 feet at 302.76o True to

NW 44.282682° N 68.800337° W then 1,189.63 feet at 234.11o True to

SW 44.280769° N 68.804017° W then 156.87 feet at 131.30o True to

SE 44.280485° N 68.803567° W then 1,206.09 feet at 53.04o True to NW.


Table 2. Approximate distances from the proposed lease to surrounding features (Figures 1 & 2).

Measurements were made using digital orthophotography provided by the Maine Office of GIS

(orthoCoastalCentralCoast2003And2005).

Feature Distance

NE and NW corner to Hog Island, nearest point (~MLW) ~1,070 feet to northeast

NE corner to southwestern tip of Hog Island (~MLW) >1,300 feet to the southeast

NW corner to Pond Island, nearest point (~MLW) ~1,970 feet to the northwest

NW-SW boundary to Black Ledges, nearest point (~MLW) ~>2,200 feet to the northwest

SW corner to Barred Island, nearest point (~MLW) >1.5 miles to the southwest

SE corner to Beach Island, nearest point (~MLW) >1.5 miles to the southwest

Figure 2. Proposed lease and surrounding area.8

8 Digital orthophotography provided by the Maine Office of GIS (orthoCoastalCentralCoast2003And2005).


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

The Hog Island upland is composed of lawn and forest and hosts one residential building. The

main access point to the island is assumed to be the dock located on the opposite shoreline from

the proposal. However, during the site assessment on June 15, 2020, a sand beach was observed

on the western shoreline of Hog Island that could facilitate shore landing. The proposed lease site

is located approximately 1,070 feet from the Hog Island shoreline at the nearest point; this distance

is sufficient to allow for unimpeded ingress and egress, if the lease were granted. Additionally,

since longlines would be maintained a minimum of 15 feet below the water surface, many vessels

would likely be of appropriate draft to navigate through the site.

Pond and Western Islands appear to be uninhabited and shoreline access would not be impeded by

the proposal. No docks or moorings were observed during the site assessment.

(2) Navigation

The proposed lease is located in Eastern Penobscot Bay to the west of Hog Island. Black Ledges,

Pond Island, and Western Island are farther and to the northwest of the proposal. Due to these

surroundings, it is likely that the majority of vessel traffic travelling through the area takes place

to the south of the proposed lease site. The nearest navigational buoy, red nun “2”, lies southwest

of Western Island and approximately 1.5 miles to the northwest of the proposal. The presence of

this buoy, marking the Black Ledges and other nearby navigational obstacles, would further

encourage vessel flow to remain southerly and westerly of the proposed lease area. Shore landing

on the sand beaches of Hog and Pond Islands likely causes mariners to be in closer proximity to

the proposal, especially during summer months. Since Hog Island is over 1,000 feet and Pond

Island is nearly 2,000 feet from the proposal, vessel flow is unlikely to be significantly affected if

the proposal were granted. Moreover, since longlines would be maintained a minimum of 15 feet

below the water surface, many vessels would likely be of appropriate draft to navigate through the

site.

No vessels were observed in the general area during MDMR’s site assessment on June 15, 2020.

(3) Fishing and Water-Related Uses

During MDMR’s site assessment on June 15, 2020, approximately 6 lobster trap buoys were

observed to the northwest of the proposal, near Pond Island. The lobster fishery in Maine follows

the annual migration and molt cycle of lobsters (Homarus americanus) and may be more prevalent

in the area during the late summer or fall. According to the application, the proposed lease site

contains entirely mud bottom,9 which is not typical of concentrated lobster fishing effort.

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

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

9 Application, page 9 (labelled as page 12 in the application)


fisheries. The scallop and urchin seasons had both ended prior to MDMR’s site assessment on June

15, 2020 and, therefore, no fishing activity was observed. While the application states that no

fishing has been observed during the winter,10 the proposal is in a scallop rotational management

area that has been closed for the previous two fishing seasons. However, the MDMR scallop

program indicates that fishing effort likely does not occur within the proposed lease site and that

catch rates are generally low in this management area.11 Although MDMR did not conduct an

underwater assessment during the site visit, the application indicates the site is mud bottom12 and

MDMR staff typically observe scallops on sand and shell substrate.

(4) Other Aquaculture Uses

There are 2 Limited Purpose Aquaculture (LPA) licenses within 1 mile of the proposal (Figure 3),

both of which are operated by Andrew Peters, the sole owner of Deep Blue Aquaculture, LLC.

Both LPAs are approved for the suspended culture of sea scallops (Placopecten magellanicus),

sugar kelp (Saccharina latissima), horsetail kelp (Laminaria digitata), and winged kelp (Alaria

esculenta). The application states that both LPAs would be relinquished if the proposed lease were

granted.13

Figure 3. Limited Purpose Aquaculture (LPA) licenses near the proposed lease.

10 Application page 7 (labelled as page 10 in the application) 11 Communication with Amber Lisi, MDMR Scallop Biologist, on 8/3/2020 12 Application, page 9 (labelled as page 12 in the application) 13 Application, page 8 (labelled as page 11 in the application)


(5) Existing System Support

Wildlife

During the site assessment on June 15, 2020, MDMR staff observed various gull species (Larus sp.) in

the surrounding area. According to Significant Wildlife Habitat data maintained by the Maine

Department of Inland Fisheries and Wildlife (MDIFW) and available through the Maine Office of

GIS, the nearest tidal waterfowl and wading bird habitat is approximately 1,050 feet to the

northeast; over 2,600 feet from the proposal, Pond Island hosts habitat for the yellow rail

(Coturnicops noveboracensis), which is recognized in Maine as a species of special concern

(Figure 4).

Additionally, two bald eagle (Haliaeetus leucocephalus) nests are present on Western and Barred

Islands (Figure 4). Bald eagles are also recognized in Maine as a Species of Special Concern. They

are further protected by the Federal Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c).

The proposed lease is over 1 mile from the 600-foot, U.S. Fish and Wildlife Service mandated

protective buffers surrounding the nests on Western and Barred Islands.

On February 21, 2020 Rebecca Settele (Wildlife Biologist, MDIFW) responded, by email, to a Request

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

Figure 4. Tidal Wading Bird and Waterfowl Habitat,14 Endangered, Threated, or Species of

Special Concern,15 and Bald Eagle Nests16 near the proposed lease.

14 Data obtained from MDIWF maintained SDE Feature Class “GISVIEW.MEIFW.Twwh” 15 Data obtained from MDIFW maintained SDE Feature Class “GISVIEW.MEIFW. ETSC” 16 Data obtained from USFWS: https://services.arcgis.com/QVENGdaPbd4LUkLV/ArcGIS/rest/services (“Maine_Bald_Eagles_2019_with_twn_cnty”)


Eelgrass (Zostera marina)

The most recent historical eelgrass data for the area were collected by MDMR in 2004 and indicate

that there is no eelgrass in the general vicinity.17 Previous historical data, collected by MDMR in

1992, indicate that the nearest eelgrass beds were located along the Hog Island shoreline,

approximately 1,230 feet to the east of the proposal (Figure 5). Although no underwater assessment

was conducted by MDMR staff during the site assessment, eelgrass beds are typically observed in

shallower water that allows for adequate light penetration to support photosynthesis.

Figure 5. Historical eelgrass (Z. marina) coverage in the vicinity of the proposal.18

Epibenthic Flora and Fauna

Although MDMR did not conduct an underwater assessment during the site visit on June 15, 2020,

the application reports that blue mussels (Mytilus edulis), various ascidians, and sea stars have

been observed in and around the applicant’s LPA culture gear. The bottom sediment is reported to

be mud and there is little apparent topographic variation.19

(6) Source of Organisms to be Cultured

Seed will be sourced from either wild set on spat collection bags or from Pine Point Oyster

Company.20 The applicant’s spat collection bags are governed by spat collection licenses and may

be located off-site. These are approved sources by MDMR.

17 Data obtained from SDE Feature Class sourced from The Maine Office of GIS “MaineDMR – Eelgrass 2010” 18 Data obtained from SDE Feature Class sourced from The Maine Office of GIS “MaineDMR – Eelgrass 1997” 19 Application, pages 9 and 10 (labelled as pages 12 and 13 in the application) 20 Application, page 2 (labelled as page 5 in the application)


(7) Interference with Public Facilities

There are no beaches, parks, or docking facilities owned by municipal, state, or federal government

within 1,000 feet of the proposed lease site. The nearest conserved lands, Pond and Western

Islands, are owned by Maine Coastal Heritage Trust (Figure 6). Additionally, Acadia National

Park holds an easement on Pond Island. Green Ledge is owned by MDIFW.

Figure 6. Ownership of conserved lands in the general vicinity of the

proposed lease site.21

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

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