DEER ISLE—On August 8, the Deer Isle select board heard from Bailey Bowden, a Penobscot resident and consultant for the Portland-based Protect Maine’s Fishing Heritage Foundation (PMFHF).
Bowden said he wanted to present the board with information regarding aquaculture ordinances, and provided a draft ordinance created by PMFHF. Selectmen Ronald Eaton and Peter Perez were present.
Bowden said PMFHF believes that municipalities should have authority to implement aquaculture restrictions under “home rule,” in which Maine municipalities may govern themselves in any way that is not denied them by state or federal law. Maine has been considered a “home rule” state since November 1969, when an amendment to the state constitution granted broad “home rule” ordinance powers to municipalities.
Bowden said that the Maine Department of Marine Resources has a “road map” for aquaculture development that was created “within academia” rather than practical application.
Bowden presented a model ordinance and a model moratorium created by PMFHF. He said that if a municipality adopts the exact ordinance language proposed by the organization then PMFHF will subsequently use its resources and attorneys to defend any Maine town against any legal challenge to the ordinance that may arise. If the municipality changes the language, they cannot be guaranteed that protection, he said.
Four Maine towns have passed ordinances, Bowden said. Winter Harbor used the proposed language verbatim while Penobscot, Cutler and Waldoboro adopted their own versions of an aquaculture ordinance, with Waldoboro implementing a full ban.
Bowden said that PMFHF is not interested in targeting small-scale, “mom and pop” aquaculture operations, but said the DMR allows leases of up to 1,000 acres, and that the leases are transferable, leaving room for concern about creating a future mechanism for large, commercial farms to buy up existing leases once current lease holders retire. Bowden presented a hypothetical scenario, theorizing that someone could build a string of small leases into a major corporation.
“Then you start looking at corporate ownership. Part of the concern is foreign ownership,” Bowden said.
Bowden said that a moratorium on aquaculture can be a vehicle to allow a town to craft an ordinance while halting additional applications. Moratoriums are passed by voters and can last 180 days, with an extension of an additional 180 days if needed and approved by voters.
Bowden said the town of Penobscot first adopted a moratorium that gave residents time to consider the ordinance best suited to their town.
“There were some things we liked and some things we didn’t,” said Bowden. He added that there were voices from a diverse array of sectors and residents that were considered in creating the ordinance for Penobscot. The revised ordinance passed unanimously on June 10, 2024.
“We haven’t had any applications and that’s usually what drives a moratorium,” Deer Isle Town Manager Jim Fisher said.
“PMFHF does not want to ram anything down your throat,” Bowden said. He said his goal was to provide information to municipalities that the DMR might not.
“We’re trying to give folks some information that can help you make decisions for your town,” Bowden said.
A potential resource for such considerations may be the newly implemented Marine Resources Committee, one of three committees proposed by Fisher and approved unanimously by the select board.
Fisher said that the Deer Isle Comprehensive Plan outlines 12 committees, anD proposed starting with three: Marine Resources, Conservation Commission, and Community and Economic Development. Each of the committees has between three and six residents who have already agreed to serve; more members can be added and the town will consider interest or recommendations as they move forward.