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Citing emergency conditions of threatened harbor overcrowding during the upcoming scallop season, the Lubec Harbor Board has established a moratorium on the installation of moorings in town waters. The action was taken during a public hearing held on October 8 that was originally planned to review proposed changes to both the Harbor Ordinance and the Shellfish Conservation Ordinance prior to a scheduled special town meeting, set for Thursday, October 29.
The anticipated overcrowding is the result of the Maine Department of Marine Resources' (DMR) proposal to open Scallop Zones 2 and 3 -- waters east of Schoodic Point, which includes Cobscook Bay -- two weeks prior to opening Zone 1 -- west of Schoodic Point to the New Hampshire line -- effectively inviting fishermen from western ports to travel to Washington County. The final calendar was approved on October 20, with the scallop season to open in Zones 2 and 3 on December 1 for draggers and December 3 for divers. Zone 1 will open on December 15 for draggers.
About 20 individuals crowded into the Lubec Town Office meeting room in support of the proposed moratorium, which was at first expected to require voter approval. Town Administrator John Sutherland received an e-mail from attorneys at noon the same day, which included the advice that the harbor board, acting on a recommendation from the harbormaster, could issue a temporary moratorium on additional moorings without first gaining voter approval. As four of the five members were present, a meeting was immediately convened and the moratorium was enacted, by a 3 to 1 vote.
Under the terms of the moratorium, which became effective October 13, the town has 180 days to craft permanent changes to the ordinance, which was initially adopted on December 13, 1999. Installation of a mooring requires a permit from the town office and payment of a fee. At present the fee is $25, but a change under consideration is to raise the fee for non‑residents to $100. A discussion about residency was tabled, as there was disagreement as to whether it is established by voter registration or by where the excise tax on the boat is paid.
The issue of liability should a substandard mooring fail allowing a boat to drift free was also raised. Several fishermen expressed the concern that a visitor could "drop a cement block over the side" to create a temporary mooring. The question was tabled so that legal advice could be obtained before finalizing the updated ordinance.
Proposed changes to the Shellfish Conservation Ordinance were also reviewed. These changes were mandated by the DMR and apply to the revision approved by voters during the August 6 town meeting. Most changes were not controversial, but the elimination of town control of clam depuration activities prompted questions from former shellfish committee Chairman Michael Scrivani. Select board Chair Carol Dennison, who is also the board liaison to the shellfish committee, produced an e-mail from DMR area biologist Heidi Leighton that stated "you must" remove the depuration clause, as it is solely the DMR that manages that activity.
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