Monday night’s Zoom meeting of the Marion Marine Resources Commission removed any doubt that the applications received by the town for the aquaculture grants forfeited last year by Shea Doonan will not yield a grant in time to farm in 2021.
“I already feel it’s too late for this year. It was [too late] a month ago; it’s definitely too late now,” said Harbormaster Isaac Perry, alluding to the vetting process that needs anywhere from 60 to 120 days just to pass through the Board of Selectmen and state and federal agencies.
Weeks ago, Marion’s selectmen requested that the MRC update the town’s rules and regulations for aquaculture to necessarily include stipulations to protect the town from absorbing future cleanup costs like the estimated $11,000 it incurred in the aftermath of Doonan’s sites.
“I hate to bring Shea Doonan back into it, but Shea was green coming into it…. We didn’t set him up for success,” said Deputy Harbormaster/Shellfish Officer Adam Murphy. “He was green in the industry … and we had to go clean it up.”
Amidst his report to the MRC on eight points of discussion that formulate a basis from which to revise the rules, regulations, and vetting process for future aquaculture applicants, Murphy said he takes it personally that Marion was not adequately prepared for the events that transpired leading up to the absorption of that cost and the position the town is now in trying to update policies that date back to 1996.
To that end, he presented eight topics borne of his research of Marion’s regulations against those from several surrounding marine life communities. MRC membership discussed and debated the details of the eight topics for over two hours, and Perry supplemented Murphy’s report with comments and answers to inform specific discussions coming from MRC members.
A key request made by the selectmen is the requirement of business liability insurance on the part of an applicant and the inclusion of a bond that a licensee would post that the selectmen deem sufficient to cover the potential cost of removal of gear and product if necessary and site restoration. Murphy’s suggestion requires the applicant to obtain three written quotes for a potential third-party cleanup.
“We know that a half-acre site is around $10,000 or $11,000 to clean up. (Outside vendor’s) rates are going to be higher than $25 per hour per man,” said Murphy, who said he will research the cost that applicants face to procure and/or renew such a bond. “It’s on risk. What’s the probability of this having to be cleaned up? It’s like an insurance policy, if you will.”
Murphy looked into the regulations used by surrounding towns, including Mattapoisett and Fairhaven but also as far up the south shore as and far down the Cape as Wellfleet, where applicants must be at least 18 years old, be a resident, and have 3-4 years of experience in that community with shellfish. “I think that’s very important,” said Murphy of the local-experience component.
Another clause addressed the removal of damaged gear or equipment.
Using Wellfleet as a model, Murphy proposed the addition of eligibility requirements augmenting age (18 years-old minimum) and residency (Marion or Rochester per a long-standing legal agreement) with the stipulation that applicants put forth documents proving three years of experience. “I want to see that detailed plan on how you plan to put your gear in the water,” he said. It would also include a five-year business plan and a letter from an existing grant holder. Documented education could add more weight.
Another practice in Wellfleet that was debated is what happens when a previously established grant becomes available. Should there be a waiting list or a lottery? Perry pointed out that there is nothing in Marion’s bylaws preventing one person from holding the license of up to five sites. Perry and MRC Chairman Vin Malkoski agreed that it’s a simpler award process to go case by case.
In another measure, the Board of Selectmen would have the right in a public hearing compliant with Open Meeting Law to declare a time-specific moratorium on license approvals.
A low-number item that started the discussion and sparked lengthy debate was Murphy’s first topic, a non-refundable $100 application fee, up from $50, that prospective aquaculture applicants would submit. According to Perry, the fee would be more in line with other licensing fees in Marion.
Scott Cowell, the lone active shellfish farmer currently sitting on the commission, advocated on behalf of the fishermen, especially in light of pandemic-related economic struggles.
Several other topics were addressed by Murphy, including a 15-day limit on the cleanup of any gear, tackle, or other equipment that leaves the licensed area and winds up on public or private land before the town would recover at the cost of the licensee.
Malkoski, who suggested that updates change the language from “shellfish” to “marine organisms” in order to work more in line with the state agencies and achieve the same control over the farming of kelp, supported stricter standards and more-reliable vetting of the experience and educational prerequisites for aquaculture applicants. “Aquaculture’s hard enough to be successful at,” he said. “It’s worthwhile to make sure they know what they’re doing.”
Marion resident Andrew Bonney, who is not an MRC member, was given permission to speak and offered some perspective based on his experience as a vice president with Cape Air’s commercial side and prior work for American Airlines. Bonney said one lesson he was taught is, “Don’t let your worst customers dictate your business…. The vast majority, 99 percent, I enjoyed working with…. I encourage you to have a light touch.”
The next regular meeting of the MRC is scheduled for Monday, February 22, and a special meeting will be scheduled for March 8 dedicated exclusively to the aquaculture application process.
Marion Marine Resources Commission
By Mick Colageo