Who owns the rockweed that grows in the intertidal zone? The Lubec Select Board has been asked to include the town in a lawsuit intended to answer that question. Attorney Gordon Smith appeared at the September 8 meeting to discuss an as-yet-unfiled suit brought by brothers Ken and Carl Ross, who own shoreland property in Pembroke. Smith is a member of the Portland office of the law firm of Verrill Dana. Also in attendance was Dr. Robin Hadlock Seeley, who has been involved locally in the rockweed issue for many years. The Rosses are bearing legal costs.
     The legal question to be asked is this: Should rockweed be considered like a fish or clam, thereby public property whose taking is subject to state regulation; or should it be considered like a tree or shrub, therefore owned by upland property owners with deeded rights to the low water mark who can dictate who -- if anyone -- may harvest it.      Currently, the position is that rockweed is to be treated like a fish, thus making the Maine Department of Marine Resources (DMR) responsible for regulating harvesting and leaving property owners with only limited rights. "We're concerned that property owners are not being compensated for the removal of resources from their land," said Smith.
     Smith says that Lubec is the only municipality approached to be a plaintiff in the matter, but he is not ready to identify other individuals. The suit will be filed in Washington County Superior Court and name a commercial harvesting firm as defendant. "It will probably be filed in the next few months," he says. Smith told the Lubec board that it would take "six months to two years" before the matter is heard, but then it would go to the Maine Supreme Judicial Court, where it would move more quickly.
     Lubec resident Amanda Lyons also addressed the board. Lyons, who had been invited to the meeting by Chair Carol Dennison, is employed by Nova Scotia-based Acadian Seaplants Ltd. as a rockweed harvester. She explained that the cutting is done in an ecologically sustainable manner, taking only a certain amount from the top. "It's like farming," Lyons said. "You have to manage your crops. We want these plants to grow." She added, "I get four and a half bags a day," and she receives $50 per one‑ton bag.
     Dennison asked Lyons what would happen if the suit were to succeed. "I'd be out of a job," Lyons replied. She then described the harvesting process and the number of people employed in collecting the bags of cut rockweed. "Some people may want their rockweed harvested," said board member Joanne Case. "Then they should be able to sell it for fair market value," replied Smith.
     In previous meetings Seeley has spoken of the ecological impact of the taking of rockweed, which is considered a nursery for a number of commercial fisheries. The amount that can be safely taken, the length of time needed to regrow and the impact on juvenile marine life are points of disagreement among experts. The effectiveness of the DMR to regulate the taking, including how much of each plant is removed, has also been questioned.
     Marilyn Ness of Lubec addressed the board briefly, saying, "I pay big taxes for waterfront property. They don't pay me anything for taking [the rockweed]." Board member Tony Cannone asked, "Should this be discussed with the town's attorney?" Member Rachel Rubeor moved to "take it to the town to decide to move forward." The motion was adopted.

Other business
     In a separate matter, board member Daniel Wagner addressed the question of the number of townspeople who may be in poor health and live alone, sometimes in remote parts of town. The board agreed to look into the matter of establishing a daily phone‑tree or automated system to check up on people who ask to be included.
     The board approved placing out to bid four tax‑acquired properties. The properties and terms will be advertised in The Quoddy Tides.