department of marine resources mussel bound, inc. site review€¦ · department of marine...

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).


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


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).


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).


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).


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


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


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/

https://www.mcht.org/preserve/thomas-island/


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.


(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


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


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.


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”


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”

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