The ongoing issue of access to historical clam flats dominated the discussion during the August 5 meeting of Lubec's Shellfish Conservation Committee, with Tora Johnson listening to concerns and providing insights. Johnson, director of the Sunrise County Economic Council's Sustainable Prosperity Initiative and also a University of Maine at Machias professor emeritus, participated in the meeting and expressed her organization's interest in helping address the issue. Eastport is also on their radar, she said, as is the Passamaquoddy Tribe. The organization is a component of the Downeast Conservation Network and works in collaboration with Downeast Coastal Conservancy and similar groups.
At the heart of the issue is the need for the region's shellfishing community to maintain access to the tidal mudflats, where they do backbreaking work to provide a steady flow of clams to fill the appetites of residents and visitors alike. Under Maine law -- in place since Colonial days -- riparian landowners usually own to the low-water mark, but the public retains access up to the high-water mark for "fishing, fowling and navigation." Being able to harvest clams when on the flats is not the issue; it is the ability to cross upland areas to enter the flats that is, in many cases, becoming restricted. The recent boom in property sales has led to many new owners cutting off that upland access -- much of which has been utilized by clammers for many generations -- that is leading to the controversy. In 2023, Lubec ranked in Maine's top five communities for shellfish harvesting, placing well above many larger towns.
Johnson came to the committee meeting to ask for local guidance in identifying specific access routes within Lubec for evaluation, to be accomplished by a yet to be scheduled meeting where many harvesters can participate. As the August 5 meeting coincided with low tide on a warm evening, few harvesters were present -- they were out plying their trade. The goal is to help new property owners become more comfortable with allowing regular access, thus normalizing the historic business model.
In response to Johnson's question, committee Chair Michael Scrivani suggested that access to the Federal Harbor cove be top priority, as the town owns the access route, located alongside Straight Bay Road. The issue there is not access, it is the cost of providing stable parking on an unstable slope. Downeast Coastal Conservancy has already offered assistance with this, but the project has been sidelined by the town by competing challenges. Johnson replied that her organization would be happy to help with this but is primarily interested in helping garner access where it has been threatened or blocked.
Various approaches were discussed, including the possibility of providing a property tax abatement in exchange for an access route, and also legislative action following legal advice. It was also mentioned that property owners have cut off access after finding their land abused, including by littering.
The meeting concluded with no action being taken beyond promising future cooperation.
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