A thriving shellfish industry in Maine is caught between the crags of regulation, pollution and the economy. Legislative action and the strong-willed efforts of shellfish harvesters and concerned citizens will soon cause a shift in the tides of change.
A bill pushed to the fore by state legislators will work to provide needed funding for the monitoring of pollution along the Maine coast and to keep pollution-free flats open for the harvesting of shellfish.
The recent history of the shellfish industry has been grim. When flats are closed to shellfish harvesting due to high levels of pollution, a lot of people are put out of work. When there is a glut on the shellfish market, clam diggers make less money.
The pollution problem is exacerbated by the fact that the Dept. of Marine Resources, the state agency responsible for monitoring pollution levels along the Maine coast, has been short on funds and staffing. Large areas of coastline are closed as a result.
The frustration level of local fishermen, concerned citizens and legislators finally reached a maximum when discussion surfaced about the federal Food and Drug Administration threatening to bar the selling of shellfish out of state.
Andy Fisk, water quality director of the Dept. of Environmental Protection, said the discussion likely arose out of the understaffing issue at the DMR. The FDA would not allow the sale of Maine shellfish if there were not enough people to monitor pollution levels along the coast.
The Appropriations Committee in the Maine state Legislature has put the language of the bill (LD 1399) sponsored by Rep. Dianne Tilton (R- Harrington), into the budget to monitor and maintain shellfish harvesting areas.
According to Sen. David Trahan (R- Waldoboro), the bill forces two state agencies, the Dept. of Marine Resources and Dept. of Environmental Protection, to work closely together as partners with municipalities in monitoring coastal shellfish growing areas.
“I believe this bill is one of the most significant clean water environmental bills in decades,” Trahan said, pointing to its many functions.
He is a co-sponsor of the bill and has been a driving force since before its inception, having spoken with local fishermen and Waldoboro officials concerned with the closing of flats in the Medomak River.
“I told people I was willing to give up my senate seat to defend this bill,” Trahan said.
The town will host its annual Waldoboro Day this weekend, with this year’s theme focused on the shellfish industry and clean water.
One of the goals of the Maine Clammers Association, said organization president Chad Coffin, is to work with area farms to mitigate fecal runoff into streams and riverbeds. He said the challenge of pollution is a huge and growing problem, one that grows with the increase in human population.
“We are the canary in the coal mine,” Coffin said, “and when clammers are gone we’re going down a dark road.”
The bill establishes a Water Quality Improvement Fund to address pollution in shellfish harvesting areas. It provides funding for three positions in the water quality and public health program in the DMR, including $20,000 each year for overtime work.
Trahan said the funding for overtime is important, especially during summertime weekends, when staff would normally not be able to monitor flats. Unmonitored flats closed to shellfish harvesting during off days keeps clam diggers out of work and the funding would address that issue.
The bill also works to monitor disinfections of wastewater facilities on a year-round basis. It would work to improve conditions of shellfish growing areas potentially impacted by wastewater facilities through cooperation between the DMR and DEP.
Towns can use local funds in conjunction with the state fund to monitor pollution levels along the coast.
Waldoboro residents voted during the annual town meeting referendum on June 9 to set aside funds for the next budget year for the town’s Shellfish Management Program. As it currently stands, only those certified by the DMR can take water samples for the testing of pollution. The state fund will provide opportunities for others to be trained to conduct water testing, according to Trahan.
Revenues that drive the fund come from a number of sources, excluding a $2 per year surcharge on septic systems. Even after the bill was amended a flyer warning people of the “Trahan Tax” in macabre lettering criticized the $2 per year surcharge.
Trahan said he received a lot of pressure to not pursue the bill because of the surcharge, which he said was a relatively small price for a piece of legislation aimed at sustaining a healthy shellfish industry. Trahan said the $2 surcharge is not part of the active bill.
Working with the Maine Wastewater Association and others, legislators crafted the bill that acquires funds from overboard discharge fees in shellfish growing areas. Discharge groups listed on the bill include publicly owned treatment facilities, commercial operations, and residential sources.
Revenue to get the program running will come from General Fund’s un-appropriated surplus and other accounts in the Dept. of Conservation. According to Trahan, the program will have two years to collect the money from discharge fees to replace the funds it took to get started.
“At a time when the state is making cuts in other areas, it shows the commitment legislators have toward the shellfish industry,” he said.
Officials from each department will meet with Trahan and town officials to develop a work plan for the Medomak River this summer and will work with Waldoboro and train others to conduct water testing, Trahan said.
The bill requires the DMR and DEP to submit a report to the joint standing committee identifying pollution affecting the state’s shellfish areas.
It states, “The report must be comprehensive and include, but not be limited to analysis of: stormwater runoff, overboard discharge sources, farm and agricultural operations, municipal wastewater systems, direct industrial discharges and private septic systems.”
Volunteers have been conducting shoreline surveys to identify pollution sources along the coastal regions of Lincoln County and are ready to work with town and state officials to keep the flats clean.
The Medomak Valley Land Trust will work with town officials, the Waldoboro Shellfish Committee and community volunteers toward this goal. Trust director Liz Petruska said they are just in the planning stages, but the organization has received a grant to help facilitate their efforts.
The bill can be viewed and downloaded to a personal computer by visiting the Maine State website (www.maine.gov). Visitors of the website must click on ‘legislature.’ On the legislature page, search ‘1399’ in the upper right-hand corner to view and download the bill.