In February, DMR drafted a bill that would direct the creation of a statewide management policy for seaweed harvesting. Though a statewide approach may streamline enforcement, some in Washington County are decrying what would be lost — the rules adopted for rockweed harvesting in Cobscook Bay.
Introduced by Rep. Ellen Winchenbach, R-Waldoboro, LD 585 is titled, “An Act To Require the Development of a Statewide Approach to Seaweed Management.”
Linda Mercer, a biologist with DMR helping to write the management plan, included language stating the plan’s goal: “to establish sustainable, ecologically sound harvest practices to promote the long term harvest viability and habitat stability of Maine’s seaweed resources.”
Although all commercial species will be considered, “Rockweed will be the first seaweed species addressed,” Mercer said.
Rockweed — ascophyllum nodosum — makes up at least 90 percent of total statewide seaweed landings and is harvested by hand and with mechanical equipment. It is primarily processed for fertilizer, animal feed supplements and soil conditioners. The estimated value of the species in Maine, including processing, is $20 million.
Although some cutting guidelines and mandated reporting of landings are already in place, many would like to see a more comprehensive approach.
But in Washington County, one group is outraged by a key provision of the bill; if LD 585 passes, the Cobscook Seaweed Management Plan, enacted in 2009, will be repealed.
The Cobscook law, part of state statute, requires pre-harvest plans, divides the bay into sectors and caps harvest in sectors to 17 percent of the available biomass, and charges a $1.50 per wet-ton landing fee for research management and enforcement. In addition, the intertidal zone abutting state, federal and conservation lands are protected from harvest according to this the law.
Robin Hadlock Seeley, a marine ecologist employed by New York’s Cornell University, was a prime driver behind Cobscook law and she is now fighting for its survival. She fears the new state plan will not adequately protect marine habitat.
“Everyone knows that the fisheries are in trouble. Destroying habitat does not make sense,” Seeley said.
“Our initial intent was for a moratorium in the bay,” she said. LD 345, the law covering harvesting in Cobscook Bay, “was a compromise.”
A petition opposing the repeal of the Cobscook law, initiated by the Lubec group Save Our Seaweed, exceeded its 500 signature goal during the Feb. 28-March 2 Maine Fishermen’s Forum.
But not all believe the stricter regulations are needed.
Seaweed harvester and processor Robert Morse is the owner and CEO of Waldoboro-based North American Kelp, which employs 25. The company oversaw the harvesting and processing of a good portion of last year’s 10,000-ton harvest, he said. Morse has seen the industry grow and become competitive in Maine in recent years, he said.
Morse asserts that the Cobscook Bay law, LD 345, “was written behind closed doors. Fisheries had no input.” Having worked in the seaweed business for 42 years, and as an active member of the Maine Seaweed Council, he intends to have his voice heard this time, he said.
While Morse supports efforts to manage a sustainable harvest, he does not approve of restrictions on the designated state, federal and conservation lands.
“This puts 54 percent of the available biomass [in Cobscook Bay] off limits,” Morse said. He challenges the legality of restricting the harvest of seaweed below high water on any coastal waters. “All seaweed below high water is in the public trust,” Morse claimed, citing laws dating back to the Colonial Ordinance of 1647 to support his position.
In an email, DMR’s Mercer said the department “will certainly be looking at protection of conservation lands, as that was an important piece of the Cobscook legislation.”
All stakeholders are preparing for the Legislature’s Marine Resources Committee’s public hearing scheduled for March 20.
“The law is not clear,” according to Mark Randlett of the Maine Attorney Generals Office. There have been no cases that indicate harvesting seaweed would be considered “fishing,” he added.
When questioned about the mechanism to determine ownership and rights, Randlett responded, “If there was a legal dispute, it could be decided.”