department of marine resources love point oysters, llc site … · 2020. 9. 11. · love point...

LOVE POINT OYSTERS, LLC (CASCO BAY) PAGE 1 SEPTEMBER 11, 2020

Department of Marine Resources

Site Review

Love Point Oysters, LLC

P.O. Box 281

South Freeport, ME 04078

Figure 1. Vicinity map1

Location: South of Stockbridge Point, Freeport, Cumberland County, Maine

Purpose: Standard lease for the suspended culture of American/eastern oysters (Crassostrea

virginica)

Site Review by: Marcy Nelson, Flora Drury, and Cheyenne Adams

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

Report Submitted: September 11, 2020

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 (orthoCoastalCascoBay2018).


Application Summary

Love Point Oysters, LLC is requesting 4.792 acres south of Stockbridge Point in Casco Bay for the

suspended culture of American/eastern oysters (Crassostrea virginica). The applicant proposes to

deploy floating semi-rigid mesh bags (34”L x 23”W x 5”H) on the lease site.3,4 Gear would be

arranged in up to 16, 150-foot-long bag systems.5 Each bag system would hold up to 100 bags,

deployed in two strings of 50 bags each, held parallel with a spreader bar.6 At maximum capacity, a

total of 1,600 bags would occupy the proposed lease.7

During the winter months, the applicant plans to move half of the product growing on this proposed

site to another proposed lease currently under MDMR’s review.8,9 The remaining product will be sunk

to the bottom of this proposal in semi-rigid mesh bags.10

General Site Characteristics

Maine Department of Marine Resources (MDMR) Scientists Marcy Nelson, Flora Drury, and

Cheyenne Adams assessed the proposed lease site on June 9, 2020. MDMR arrived on site at

approximately 9:00 am; the tide was in the early flood stage.

The proposed lease occupies subtidal waters south of Stockbridge Point and Bowman Island in Casco

Bay, in the Town of Freeport (Figure 1, Images 1-7). Nearby shorelines are partially rocky, with areas

of extensive mudflats and ledges exposed to the west of the proposal at lower tidal stages. Casco Bay

Islands, including Crab, Moshier, and Little Moshier Islands, are located to the east and south of the

proposal. Docks and/or residential buildings are located along Stockbridge Point and Bowman, Crab,

Moshier, and Little Moshier Islands.

2 DMR calculations, based on the application coordinates, indicate the area is 4.79 acres. 3 Application, page 5 (labeled page 8) 4 On page 15 of the application, the applicant indicates that cages, as well as bags, would be present on the site. As this is the only

reference within the application to the presence of cages, it is assumed this was a reference made in error. 5 Application, page 8 (labeled page 11) 6 Application, page 8 (labeled page 11) 7 Application page 6 (labeled page 9) 8 Application, page 16 (labeled page 19) 9 If the pending application on which half the product is proposed to be overwintered is not approved, the applicant plans to overwinter ½ of

their product in cold storage. 10 Application, page 16 (labeled page 19)


Image 1: Looking southeast towards Moshier Island from the east corner of the

proposed lease (June 9, 2020).

Image 2: Looking south towards Little Moshier Island from the east corner of the



Image 3: Looking southwest towards Cousins Island from the east corner of the


Image 4: Looking west towards Lanes Island and the Freeport mainland from the

east corner of the proposed lease (June 9, 2020).


Image 5: Looking northwest towards Stockbridge Point from the east corner of the


Image 5: Looking north towards Stockbridge Point and Bowman Island from the



Image 6: Looking northeast towards Recompense Cove from the east corner of the


Image 7: Looking east towards Crab Island, and other Casco Bay Islands, from the



Depth

At the time of MDMR’s site assessment on June 9, 2020, depths at the corners of the proposed lease

area ranged from slightly over 2 feet at the north and east corners, to slightly under 2 feet at the west

corner. Measurements were taken between 9:00 and 9:15am; low tide was predicted to occur at 8:46

am with a height of -0.57 feet (Table 1). Correcting for tidal variation derives depths between 11 and

12 feet at the following high tide and between 2 and 3 feet at mean low water (MLW, 0.0 feet).

Table 1. Tide predictions for South Freeport, Casco Bay, Maine (43.8200° N, 70.1033° W)11

Date Time Height (ft)

6/9/2020 2:19 AM 10.54 H

6/9/2020 8:46 AM -0.57 L

6/9/2020 3:06 PM 9.15 H

Bottom Characteristics

MDMR staff observed the bottom characteristics of the proposed lease site via boat-based drop

camera transects and direct observation on June 9, 2020 (Figure 2). Sediment characteristics were

classified using the Coastal and Marine Ecological Classification Standard,12 a national standard for

describing features of the marine environment (Table 2). Sediments were categorized based on visual

analysis; no sediment samples were collected, or grain size analyses performed. The proposed lease

is composed primarily of shell rubble and shell hash, sitting atop mud (Image 8). Shell rubble and

hash consisted primarily of bivalve shells; common shells observed included soft-shelled clam (Mya

arenaria), European oyster (Ostrea edulis), and razor clam (Ensis leei).

11 http://tbone.biol.sc.edu/tide/tideshow.cgi 12 https://www.fgdc.gov/standards/projects/cmecs-folder/CMECS_Version_06-2012_FINAL.pdf

http://tbone.biol.sc.edu/tide/tideshow.cgi

http://tbone.biol.sc.edu/tide/tideshow.cgi

https://www.fgdc.gov/standards/projects/cmecs-folder/CMECS_Version_06-2012_FINAL.pdf

https://www.fgdc.gov/standards/projects/cmecs-folder/CMECS_Version_06-2012_FINAL.pdf


Figure 2: Proposed lease area and video transect conducted within the proposed

lease area on June 9, 2020.

Table 2. Substrate classification on proposed lease site. Substrate Origin Substrate Class Substrate Subclass Substrate Group

Geologic Substrate Unconsolidated

Mineral Substrate Fine

Unconsolidated Substrate Mud

Biogenic Substrate Shell Substrate Shell Rubble and Hash Bivalve Shell Rubble

and Hash

Image 8: Shell rubble on the bottom of the proposed lease (June 9, 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, and the application coordinates

(Figures 1 & 2).

Application Coordinates – 4.79 Acres (Figure 2)

Corner Latitude Longitude

N 43° 47’50.61” N 70° 6’27.31” W then 453.81 feet at 125.77° True to

E 43° 47’47.99” N 70° 6’22.29” W then 456.95 feet at 216.66° True to

S 43° 47’44.37” N 70° 6’26.01” W then 457.40 feet at 305.30° True to

W 43° 47’46.98” N 70° 6’31.10” W then 460.84 feet at 37.10° True to N.

Table 3. 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 (orthoCoastalCascoBay2018) and NOAA Nautical Charts.

Feature Distance

N Corner to rocky shoreline of Bowman Island, nearest point

(~MLW) ~2,200 feet to the north

N Corner to tidally-exposed rocky shoreline of Stockbridge Point

nearest point ~1,880 feet to the northwest

W Corner to intertidal, nearest point (NOAA Chart) ~60 feet to the west

W Corner to tidally-exposed rocky shoreline of Lanes Island,

nearest point ~3,360 feet to the southwest

S Corner to Little Moshier Island (~MLW) ~3,680 feet to the south

S Corner Moshier Island (~MLW) ~3,930 feet to the south

E Corner to Crab Island (~MLW) ~2,625 feet to the east

E Corner to 24-foot contour line associated with Harraseeket River

channel (NOAA Chart) ~2,900 feet to the northeast

The criteria MDMR uses to determine the suitability of an aquaculture operation to an area

(MDMR Regulations Chapter 2.37(1)(A)) are discussed, with respect to the proposal, below:

(1) Riparian Ingress and Egress

The proposed lease is located in shallow water between Stockbridge Point and Bowman, Crab,

Lanes, Little Moshier, and Moshier Islands. The rocky shorelines associated with this point and

the surrounding islands, some of which host residential properties and/or docks, are located

over 2,000 feet from the proposal. Intertidal flats, however, which extend over 3,500 feet south

from the Stockbridge Point uplands, are located immediately west of the proposal. No docks or


moorings were observed in the immediate vicinity of the proposed lease during MDMR’s site

assessment on June 9, 2020.

As result of the proposal’s distance from the surrounding shorelines, ample room is available

for riparian owners in the vicinity to navigate to and from their properties at high water. At low

water, the extended intertidal flats and shallow water depths pose a natural challenge to

accessing the surrounding uplands from the water and, therefore, the presence of the proposed

lease operations would not pose an increased burden to riparian owners accessing their

properties.

(2) Navigation

The proposed lease is located in Casco Bay, southwest of the marked navigation channel that

leads into the Harraseeket River. This channel experiences heavy recreational and commercial

vessel traffic, especially during the summer months. However, the proposed lease is separated

from the 24-foot contour line associated with this channel by approximately 2,900 feet of

shallow water. According to the NOAA chart (Figure 1), water depths between the proposal

and the channel are less than 5 feet at mean low water. Therefore, boats operating in this

channel will not be impeded by the proposal.

An unmarked channel that leads into the Winslow Park Boat Launch is located to the west of

the proposal (Figures 1 & 2). As this channel, which hosts deeper water than the surrounding

area, is located approximately 1,500 feet from the proposal, boats operating to and from the

boat launch are unlikely to be impacted.

Finally, due to the shoal water to the north, east, and south of the proposal, and tidally-exposed

mudflats to the west, navigation in the proposed lease area and general vicinity is naturally

restricted to shallow-draft vessels, which would likely be able to maneuver around the proposal

without significant hinderance (Figure 2).

(3) Fishing and Other Uses

Two harvesters were observed during the June 9, 2020 site visit collecting American oysters (C.

virginica) in the intertidal area to the northwest of the proposal. The proposed lease site remains

subtidal at mean low water and, if granted, would not prevent access to the tidally-exposed mudflats

to the north and west, which are likely utilized by soft-shelled clam (Mya arenaria) harvesters as

well. It should be noted that the site is shallow enough at low water to allow for shellfish harvest by

rake, small drag, or potentially by hand at extreme low tides, and that European oysters (Ostrea

edulis) were commonly observed along the underwater video transect conducted by MDMR.

Although the applicant is not requesting to prevent commercial or recreational harvest within the

proposed lease13, at maximum capacity, the gear proposed would likely prevent shellfish harvesting

within the proposed lease boundaries.

Although no lobster buoys were observed within the lease site during the June 9, 2020 visit,

lobstering activity was observed in the deeper water to the northeast and southeast of the proposal.

The proposal’s depth, which ranges from approximately 2 to 3 feet at mean low water, makes it

unlikely to be used heavily by lobster fishermen. 13 Application page 22 (labeled page 25)


During MDMR’s visit on June 9, 2020, recreational hook and line fishermen, presumed to be

targeting striped bass (Morone saxatilis) were observed in operation at the mouth of the Harraseeket

River. Although the applicant is not proposing that recreational fishing be excluded from the

proposed site,14the proposed gear would likely make it more difficult for hook and line

fishermen to operate within the proposal. However, because fishermen would be able to fish

unimpeded along the bounds of the proposal, and because no distinct topographic features were

observed during the video transect or on the NOAA chart that might indicate this specific area to be

especially important for recreational fishing, no undue interference to recreational fishing is

expected from this proposal.

(4) Other Aquaculture Uses

At the time of application, there were 24 Limited Purpose Aquaculture (LPA) licenses and one

active lease within 1 mile of the proposed lease (Figure 3). The closest aquaculture activity to

the proposed lease are four LPA licenses held by Emily Selinger15, which are located over 1,300

feet to the north.

Three pending lease applications were located within 1 mile of the proposed lease at the time the

Love Point Oysters, LLC application was deemed complete. The closest of these pending

applications was submitted by Harraseeket Oyster Co. for the suspended culture of shellfish on

6.79 acres and is located approximately 230 feet to the north of the proposal submitted by Love

Point Oysters, LLC (Figure 4). Due to their proximity, there is potential for the cumulative

presence of the Harraseeket Oyster Co. proposal and the Love Point Oysters, LLC proposal to

impact navigation in the area. However, as discussed previously, navigation in the proposed

lease area and general vicinity is naturally restricted, and vessels attempting to navigate between

the two proposals would be constrained, especially at low water, by tidally-exposed mudflats

and ledges (Figure 4).

14 Application page 22 (labeled page 25) 15 LPA licenses ESEL117, ESEL219, ESEL319, and ESEL419


Figure 3. Aquaculture leases, Limited Purpose Aquaculture (LPA) licenses, and pending

lease applications in the vicinity of the proposed lease.


Figure 4. Proposed lease location in relation to location of pending Harraseeket Oyster Co.

application.

(5) Existing System Support

On June 9, 2020, MDMR staff conducted drop camera transects through the proposed lease to

assess the epibenthic ecology of the area (Figure 2). The bottom is comprised of mud, topped

with shell rubble and shell hash. Epibenthic macro flora and fauna observed during the drop

camera transect are described in Table 5. Marine algae species were present throughout the video

transect. European oysters (Ostrea edulis) and colonial tunicates (Didemnum sp. and/or

Botrylloides sp.) were also commonly observed (Images 9-11).

Table 5. Species observed from drop camera transect conducted within the proposed lease site on

June 9, 2020.

Species Observed Abundance

Various brown marine algae species Abundant

European Oysters (Ostrea edulis) Common

Colonial Tunicate (Didemnum sp. and/or Botrylloides sp.) Common

Filamentous algae/Mermaid’s Hair (Chaetomorpha spp.) Common

Yellow boring sponge (Cliona celata) Rare

Barnacle (Semibalanus balanoides) Rare


Image 9: European oysters and colonial tunicates observed within the

proposed lease site (June 9, 2020).

Image 10: Colonial tunicates and marine algae observed within the

proposed lease site (June 9, 2020).


Image 11: Marine algae observed within the proposed lease site

(June 9, 2020).

Eelgrass (Zostera marina)

The most recent eelgrass (Zostera marina) data, collected in 2018 by the Maine Department of

Environmental Protection in cooperation with the Casco Bay Estuary Partnership, indicate that

eelgrass beds with coverage ranging from 40% to 70%, were located approximately 285 feet to

the east of the proposal, at the closest point (Figure 5). There are also mapped eelgrass beds to

the south and north of the proposed site. No rooted eelgrass was observed along the underwater

video transect conducted through the proposed lease by MDMR staff on June 9, 2020.

Furthermore, due to the shallow nature of the site, DMR staff was able to view the bottom of the

proposed lease during the site visit, and no eelgrass was observed within the proposal.


Figure 5: Eelgrass (Z. marina) near the proposed lease site, 2018.16

Wildlife

Terns (Sterna or Sternula sp.), eider ducks (Somateria mollissima), herring gulls (Larus argentatus),

and a great blue heron (Ardea herodias) were observed in the vicinity of the proposed lease site by

MDMR staff on June 9, 2020.

According to GIS (Geographic Information System) data of Significant Wildlife Habitat

maintained by the Maine Department of Inland Fisheries and Wildlife (MDIF&W) and available

through the Maine Office of GIS, the proposed lease site borders, but does not overlap, an

emergent wetland/mudflat complex listed as Tidal Waterfowl and Wading Bird Habitat (Figure

6).

A bald eagle (Haliaeetus leucocephalus) nest is located over 4,000 feet from the proposed lease

site, on Lanes Island (Figure 6). Bald eagles are 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).

16Data obtained from MEDEP maintained SDE Feature Class “GISVIEW.MEDEP.Eelgrass2018”


On January 27, 2020, Rebecca Settele (Wildlife Biologist, MDIF&W) responded, by email, to a

“Request for Agency Review and Comment” stating “Minimal impacts to wildlife are anticipated

for this project”.

Figure 6. Tidal waterfowl and wading bird habitat17 and bald eagle nests18 near the

proposed lease site.

(6) Source of Organisms to be Cultured

The applicant proposes to source American/eastern oyster (Crassostrea virginica) seed from

Muscongus Bay Aquaculture and Mook Sea Farms; these hatcheries are approved seed sources

by MDMR.

(7) Interference with Public Facilities

According to NOAA nautical charts, the proposed lease is located within 1,000 feet of

intertidal land associated with Winslow Park and Campground, a municipally-owned facility to

the northwest of the proposal (Figure 7). In addition to camping facilities, Winslow Park and

Campground also hosts a public boat ramp and dock that is accessible from mid to high tidal

stages. Extensive mudflats are located between the Winslow Park and Campground shoreline

and the proposed lease area. Although these mudflats are located within 1,000 feet of the

proposal, the campground’s rocky shoreline is located approximately 1,880 feet to the

17 Data obtained from MDIWF maintained SDE Feature Class “GISVIEW.MEIFW.Twwh” 18 Data obtained from USFWS: https://services.arcgis.com/QVENGdaPbd4LUkLV/ArcGIS/rest/services

(“Maine_Bald_Eagles_2019_with_twn_cnty”)

https://services.arcgis.com/QVENGdaPbd4LUkLV/ArcGIS/rest/services

https://services.arcgis.com/QVENGdaPbd4LUkLV/ArcGIS/rest/services


northwest. Due to this distance, it is unlikely that the proposal will unreasonably interfere with

use of the campground. Furthermore, because the boat ramp is located approximately 3,000

feet from the proposal, and the deeper channel that leads into this facility is located over 1,000

feet to the west of the proposal, use of this ramp is also unlikely to be impacted.

Figure 7. Conserved land and public facilities near the proposed lease site.19

(8) Water Quality

The proposed lease area is currently classified as “Open/Approved” for the harvest of shellfish

by the MDMR Bureau of Public Health.

(9) Lighting

The applicant does not propose the use of lights on the lease site, and states that no work would

occur on the lease site beyond daylight hours, if granted.20

(10) Noise

According to the application, boats proposed for use at the lease site include a 19-foot skiff,

powered by a 50-horsepower, 4-stroke outboard motor, and a 23-foot vessel powered by a 115-

horsepower, 4-stroke outboard motor.21 The boats proposed are consistent with the size and type

19 Data obtained from SDE Feature Class sourced from The Maine Office of GIS “GISVIEW.MECONSLANDS.Conserved_Lands” 20 Application, page 17 (labeled in application as page 20) 21 Application, page 16 (labeled in application as page 19)


of vessels routinely used for aquaculture operations, as well as other commercial and recreational

uses, along the Maine coast. According to the application, no other engine-powered equipment

would be used on the site.22

(11) Visual Impact

The proposal complies with the MDMR’s height and visual impact limitations.

22 Application, page 16 (labeled in application as page 19)

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