Mere Point Oyster Company Decision Will Be Appealed In Court

Intervenors say the hearing officer’s recommendation ignores the permitting rules, fishermen’s testimony, and the will of the people in favor of a wealthy aquaculture investor and Brunswick’s Harbormaster who has serious conflicts of interest in the project 

For Immediate Release 

(Brunswick, Maine) – In what is a precedent-setting case for Maine, the Department of Marine Resources (DMR) has approved the Mere Point Oyster Company lease despite significant opposition. 

DMR Commissioner Patrick Keliher confirmed the hearing officer’s earlier decision approving a 34.52 acre lease in Maquoit Bay. The oyster lease will be among the largest in the state. Dozens of lobstermen testified that they fished in the area, some for generations. Pogy fishermen added their opposition to landowner concerns about the site selection and permitting rules for aquaculture in Maine. 

Despite significant lease site conflicts and fisherman concerns, the DMR discounted public testimony and approved the draft lease. Lobstermen and fishermen have said the large area of the lease will inhibit their catch and reduce their incomes. In filing the written appeal to the hearing officer’s initial draft lease approval, fishermen stated, “DMR points out the specific testimony of Mr. Walker stating that Maquoit Bay is not a “hotbed” of lobstering activity, yet does not point out that Mr. Walker also stated that he has no actual first-hand knowledge of this. DMR also did not note the testimony of one of its own Zone Council members, Donald Ulrickson. Mr. Ulrickson has lobstered inside the lease site for more than 60 years and testified that at times it’s a very good spot. DMR’s referencing passersby and using their testimony to support this decision and not referencing Mr. Ulrickson’s testimony based on 60 plus years of direct lobstering in this area is tantamount to calling Mr. Ulrickson a liar, along with all of the other fishermen who testified. DMR’s position on this point is transparent in its clear effort to do whatever was necessary and boost up the most useful testimony to be favorable to granting this lease.” 

In testifying against the lease, residents repeatedly stated Mere Point Oyster Company (MPOC) did not communicate its expansion plans adequately and eluded public input. No one from the public was aware of or attended the public scoping session. 

Mere Point Preservation Group member Peter Vaughn added, “We are disappointed about the recommended approval of this lease, which essentially gives exclusive access to acres of ocean to those who will profit by their use or sale, while keeping away those who fish, boat, or just live beside those waters. We will continue to oppose the decision.” 

In addressing the conflict of interest situation, legal briefs filed by intervenors spoke extensively to the issue with one of the two MPOC’s owners and Harbor Master Dan Devereaux. In the filing intervenors added, “These types of violations could result in a lease revocation of an existing lease and should therefore result in denial of this pending application. Daniel Devereaux used his position as the Town of Brunswick’s Harbormaster to improperly advance his own pecuniary interests. In addition, each LPA required the signature of the municipal harbormaster, and for all of the Brunswick LPAs, Daniel Devereaux signed in his public capacity as harbormaster.” 

Spokesperson Crystal Canney said, “The group of concerned citizens and those who make their living in the fishing community met the unreasonable interference criteria to have this application denied – but DMR favored aquaculture at the expense of the traditional fisheries. The 99% marine aquaculture application approval rate and this recommended decision make it clear the permitting process is severely broken and aquaculture rules are outdated. The filing to stop the MPOC application demonstrated unreasonable interference for denial but DMR ignored the permitting rules and will of the people in favor of two individuals.” 

Protect Maine’s Fishing Heritage will continue to work with fisherman to communicate their concerns and protect the ocean for all stakeholders. For aquaculture to be successful and sustainable the ocean must be available for all to enjoy not merely a select few individuals. 

Visit Protectmaine.com to learn more.