April 24, 2009

Legislation Pending to Rescue Shellfish Industry

By Rep. Dianne Tilton and Sen. David Trahan

Like canaries in a coal mine, coastal estuaries serve as frontline sentinels on the health of our coastal environment. Water and the human pollutants it contains all flow to the ocean. As a result, we only need to look at the health of our shellfish industry to measure our commitment to a clean marine environment. Unfortunately, the situation is not good.

Maine’s shellfish industry – clams, mussels, oysters and quahogs – is valued at about $60 million per year. Hundreds of Maine families depend on this traditional work for their livelihood; it has been a way of life for generations.

In recent years, however, conditions have deteriorated. According to the Maine Department of Marine Resources (DMR), some 150,000 acres of clam flats are closed due to man-made pollution. The culprit is the runoff from farms and storm-flooded sewer systems, which force regulators to close the flats due to contamination. When the department returns for another water-quality test, the flat may be reopened. But budget cuts and a shortage of testers mean a long time can pass between tests, leaving vast stretches of shoreline closed to shellfish harvesters. As a result, the resource has been diminished.

Countless newspaper articles have chronicled Maine’s failure to fulfill federal shoreline testing and reporting requirements. This has become a serious problem because DMR is charged with ensuring that Maine shellfish are safe to eat. The department’s Public Health Division is the agency responsible for overseeing the Shellfish Sanitation Program within the state. The program is implemented internationally by the Interstate Shellfish Sanitation Conference to keep molluscan shellfish safe for human consumption. A common set of standards are used to classify shellfish growing areas and to handle shellfish when the catch gets to market.

We have proposed legislation to deal with this growing emergency because, quite frankly, the shellfish industry is on the brink of disaster. Earlier this year, the federal Food and Drug Administration (FDA) warned the State of Maine that if we don’t invest significantly in the DMR, specifically its Public Health Division, we are at risk of being banned from selling our shellfish outside of Maine. Such a curtailment would, without a doubt, destroy the industry. Between 80 percent and 90 percent of Maine shellfish is sold out of state.

Our solution is LD 1399, “An Act Concerning Water Quality in Watersheds.” Rep. Tilton (R-Harrington) is the primary sponsor, and Sen. Trahan (R-Lincoln County) leads a bipartisan group of cosponsors in both legislative bodies. This legislation is now before the Joint Standing Committee on Natural Resources, which held a public hearing on April 17 and has scheduled a work session for April 30, when the committee will vote on the bill before it moves to the full House and Senate.

State Rep. David Burns (R-Whiting) captured some of the key points in favor of the measure in his public hearing remarks. “This bill is very important for Washington County, coastal Maine and the state as a whole,” he said. “Our ability to produce, harvest and market clams, mussels, oysters and quahogs is extremely important to our economy.

“Our shellfish harvesters are very conscientious about protecting the shellfish population, and they are not the ones responsible for the pollution,” he observed. “We, living in small and large communities throughout the state, are responsible. We all benefit from the shellfish industry and we should all share in the duty of keeping it alive.”

Over the last month, a true stakeholder group has coalesced around LD 1399. It consists of the Maine Department of Environmental Protection, DMR, the governor’s office, shellfish harvesters, clean water and wastewater groups, and a number of key legislators. By involving all viewpoints and all the agencies and utilities needed to solve the problem, we have created a strong environmental bill that, we believe, provides an equitable course of action.

The bill’s specific provisions include the following:

It establishes a dedicated, non-lapsing Clean Shores Fund that can accept funding from all sources. It creates, by rulemaking, a process by which municipal grants are awarded for the cleanup of shellfish growing areas.

It authorizes three new positions in DMR’s growing-area classification program, paid for by the fund. These new positions will help satisfy the FDA mandate to protect public safety.

The bill gives the Department of Environmental Protection (DEP) jurisdiction over this fund, but the resources will be shared with DMR. This new sharing of funds will encourage cooperation between the two agencies.

The legislation requires DEP and DMR to work with municipalities to coordinate and establish an annual work plan that prioritizes cleanup of polluted shellfish growing areas. The work plan must be available to the Shellfish Advisory Council each year.

The bill also sets dedicated fee increases from entities like sewer treatment plants that are currently issued Overboard Discharge (OBD) permits. OBD permits allow the dumping of storm water and in some cases untreated wastewater into our ocean and rivers. These funds are eligible for a five-to-one federal match, with all the money targeted to pollution cleanup and the elimination of OBD permits.

Lastly, the DEP shall take into account the National Shellfish Sanitation Program’s model ordinance when issuing wastewater discharge licenses.

LD 1399 is a major piece of clean-water legislation and an essential component of economic development and job preservation for shellfish workers along our coast. This is an ideal time to re-commit our state to our economy, our environment and our health by ensuring our estuaries are clean and safe for not only growing our food, but for all the creatures living there.

State Rep. Dianne Tilton (R-Harrington) serves on the Marine Resources Committee. State Sen. David Trahan (R-Lincoln) serves on the Inland Fisheries and Wildlife Committee

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