HomeMy WebLinkAboutJan 18, 2022 Harbor and Shellfish Advisory Board
Tuesday, Jan. 18, 2022 at 5:00 p.m.
Via Zoom
*HSAB meeting are video-recorded
Members present: Andy Lowell, Dave Bossi, Dave Fronzuto,
Ginger Andrews, Peter Brace .. $`
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Members Absent: Dan Pronk, Tom Szydlowski
Marine Dept: rn
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Natural Resources Dept: Jeff Carlson, Tara Riley "? ,;7
Others: Kona Hosier, Lee Gam, Jamie Connolly x+
CALL TO ORDER
5:02 p.m.
APPROVAL OF AGENDA
Unanimously approved, 5-0
APPROVAL OF MINUTES
Draft minutes of Jan. 4, 2022
Unanimously approved, 4-0, with Ms. Andrews abstaining.
CHAIRMAN'S REPORT
No report.
MARINE DEPARTMENT REPORT:
General Marine Department report— Sheila Lucey
No report.
NATURAL RESOURCES REPORT
General Natural Resources Department report— NRD staff
Ms. Riley reported that as a result of recent strong winds, she hand
her staff walked Nantucket Harbor beaches to search for possible
bay scallop seed strandings. She reported no strandings. She added
that later in the week, she would be doing some test tows in
Madaket Harbor to see if the large area of seed in this harbor has
shifted into the main harbor channel.
Ms. Riley reported she continued to work on the report and letter
she intends to send to the state's Division of Marine Fisheries
(DMF) in an attempt convince the DMF that Nantucket Harbor is
clean enough for shellfishing year-round.
Ms. Riley reported that water quality specialist Thais Fornier is
working on a project in on north side of Sesachacha Pond putting
light-blocking sheets over wigeon grass to kill it and to avoid
having to use herbicides. She also collecting plankton samples to
get a sense of the plankton communities in this pond.
Ms. Riley reiterated that the Coastal Resilience Plan was adopted
by the Select Board.
Ms. Riley reported that she and her hatchery crew has started
growing algae for the 2022 shellfish spawning season and that
they've already done one quahog spawn.
Mr. Fronzuto offered to help Ms. Riley with the her DMF report
and letter.
PUBLIC COMMENT ON MARINE DEPARTMENT /
NATURAL RESOURCES REPORT
OLD BUSINESS
Ted Lambrecht's oyster lease—Discussion
Mr. Lowell said that at its Jan. 5, 2022 meeting, the Select Board
had remanded this issue back to the HSAB for further
consideration. He asked the HSAB members for their comments on
this issue.
Mr. Fronzuto asked that Mr. Carlson lay out the HSAB's options
on how to move forward on this issue. Mr. Lowell agreed and also
asked for clarification on the Natural Resources Department's
(NRD) position on Mr. Lambrecht removing cages from the harbor
bottom as instructed to do so by the NRD, but then cleaning off,
filling them with oyster seed and putting these same cages back
into the harbor.
Mr. Carlson said he was aware of Mr. Lambrecht deviating from
what the NRD had directed him to do to come back into
compliance with his oyster lease with the Town.
Mr. Carlson said it would be helpful to allow all HSAB members
to comment before he responded.
Mr. Brace stated that since the HSAB began working with Mr.
Lambrecht back in September 2020, it was his impression that the
goal of the NRD and the HSAB was that for Mr. Lambrecht to
return his oyster lease to compliance with the Town's regulations,
he had to remove all of his oyster cages from the harbor for
inspection by the NRD. Further, Mr. Brace stated that the
agreement the Select Board grant Mr. Lambrecht 90 more days
from Sept. 8, 2021 to Dec. 8, 2021 to get all of his gear out of the
harbor, having removed roughly 30 percent as of Sept. 8, 2021,
was contingent on Mr. Lambrecht only removing all of his gear by
Dec. 8, 2022. Mr. Brace recalled from the Sept. 8, 2021 meeting
that the Select Board made a point of stating that if just one cage
remained in the harbor after Dec. 8, 2021, the Select Board would
revoke his licenses. Mr. Brace added that he felt betrayed by Mr.
Lambrecht because he was unaware of any permission granted by
the NRD and or the Select Board to allow Mr. Lambrecht to put
oyster seed in these cages and return to the harbor.
Mr. Fronzuto agreed with Mr. Brace. Mr. Fronzuto said the Town
would not have been in this situation had Mr. Lambrecht not put
his cages back in the water. He added that the fate of the oyster
seed now in Mr. Lambrecht's cages was another matter all
together.
Mr. Bossi agreed with Mr. Brace and Mr. Fronzuto. He said he felt
that the matter is being "intentionally stretched out" and that it
keeps being continued and is now put back on the HSAB review it
once again.
Ms. Andrews added that Mr. Lambrecht's repeated requests for
more time to get his boat ready and his gear off of the bottom of
the harbor didn't convince her that he was committed to the task.
Mr. Carlson reiterated that the NRD's requirement of working the
oyster lease at least one out of every three years was not met by
Mr. Lambrecht. He then ran through the timeline of trying to aid
Mr. Lambrecht in complying with his oyster licenses, starting by
telling him to cease all work on his lease. He said how the NRD
confirmed that Mr. Lambrecht had purchased oyster seed in June
2020 from Aquaculture Research Corporation (A.R.C.) of Dennis,
Mass. after being told not to work his lease. Mr. Carlson reminded
the board that he brought the revocation recommendation to the
HSAB during September 2020. He reported that a lot of the cages
were in bad condition on the bottom of the harbor. Mr. Carlson
said the NRD feels they've granted Mr. Lambrecht ample time to
bring his lease into compliance and given him the appropriate
guidance on how to do so. He added that the NRD continued to
recommend revocation of Mr. Lambrecht's license.
Mr. Carlson also clarified comments made by Mr. Lambrecht at
the Jan. 5, 2022 Select Board meeting, which informed that he
could possibly sell his current oysters in his cages through a state
program. Actually, Mr. Lambrecht would be selling his oysters to
A.R.C. wholesale, said Mr. Carlson.
Mr. Bossi asked if the NRD had come up with a plan for Mr.
Lambrecht to move forward.
Mr. Carlson indicated that the Town's lease language allows for a
timeframe to be created for removal of the oyster gear once the
license has been revoked.
Mr. Bossi asked if another person could take over Mr. Lambrecht's
plot. Mr. Carlson said the permitting process for the new person
would likely take at least six months, putting the opening season
for this person at Spring 2023.
Mr. Fronzuto asked what the permitting process is like, timewise,
for transferring one's license.
Mr. Carlson said the process is much faster because a current lease
holder an amend his lease, go through an HSAB and Select Board
hearing process, and then sell his business as is to another person.
Mr. Brace recalled that Mr. Lambrecht mentioned at the Jan. 5,
2022 Select Board meeting that he knew of someone he could
potentially transfer his lease and business to.
Mr. Lowell asked if there's any new space in the harbor to lease to
the people now on the waiting list for an aquaculture lease. Mr.
Carlson explained that it's roughly a two-year process of the Town
and the DMF surveying harbor bottom to determine if bottom isn't
viable enough to support wild populations of shellfish.
Mr. Lowell reminded the HSAB that while Mr. Szydlowski voted
against revoking Mr. Lambrecht's lease, he did so because he felt
the lease should've been revoked immediately.
Mr. Lambrecht stated he had no intentions of disrespecting the
HSAB, the NRD and the Select Board. He added he wasn't under
the impression that he couldn't put his seed into his cages he was
instructed to remove by the NRD. He said he put the oyster seed in
cages he removed from the harbor and into new cages. Mr.
Lambrecht said he does have a person who is working with to take
over his lease.
Mr. Lambrecht said that in June 2020, he got the notice that he was
out of compliance with the Town on his oyster lease and that he
would to stop working on his lease. He detailed how difficult it
was bringing his boat back to working order. Mr. Lambrecht
described how he had to have shoulder surgery in October of 2020
and how this set him back in working on his boat. He added that in
October 2021, his engine broke down, which set him back more
time. Mr. Lambrecht repeated that meant no disrespect to anyone.
Mr. Lowell asked for help from Mr. Carlson on helping Mr.
Lambrecht move toward transferring his lease.
Mr. Carlson reiterated that he felt the NRD had followed its policy
for revocation as it could.
Mr. Brace explained that he didn't feel Mr. Lambrecht intentionally
disrespected the HSAB, the NRD or the Select Board. However,
him not adhering to the NRD's and the Select Board's order that he
remove his cages from the harbor caused members of the HSAB to
feel disrespected, intentional or not.
Mr. Bossi made a motion to recommend to the Select Board to
order that Mr. Lambrecht remove his oysters and gear, and transfer
his lease to another fisherman within 90 days.
Mr. Brace seconded Mr. Bossi's motion for discussion., stating
that the HSAB needed to be clear how much time the transfer
would realistically take. Mr. Brace asked if the transfer is the
option for Mr. Lambrecht to take, does the Town still have to
revoke his licenses?
Mr. Carlson said the license would not be revoked if the lease is
transferred to another person.
Mr. Bossi said he wanted to modify his motion so that the 90
would apply to either revocation or transfer of the license and
lease.
Mr. Fronzuto asked Mr. Carlson that if this transfer happens within
the 90-day transfer period with an approved production business
plan, could the two four-acre lease parcels be released to the new
fisherman as conditions of the transfer are met. Mr. Carlson said
the entire lease acreage must be transferred all at once. And then a
sort of probationary period could be established for the new lease
holder to meet conditions of the transfer.
Mr. Brace asked Mr. Carlson if Mr. Lambrecht was required to
transfer his lease to the person at the top of the waiting list. Mr.
Carlson indicated that Mr. Lambrecht could transfer his lease to
whomever he chose to.
Ms. Andrews said since she didn't want to proceed with the
revocation for the sake of doing it and said she was in favor of the
transfer if the board felt that it would work. She added that Mr.
Carlson should inform the HSAB on how long the transfer would
take. Mr. Carlson said a public hearing is required after the HSAB
reviews it and makes a recommendation to the Select Board, a
process that would take around 60 days.
Mr. Lowell said a transfer of the lease to another person sounded
like the right way to solve this issue.
Mr. Fronzuto encouraged Mr. Lambrecht and the person he wants
to transfer his lease to to meet with Mr. Carlson and Ms. Riley to
outline a production plan, a financing plan, insurance, monthly
check-ins with the NRD and create a series of"milestones" that if
all met, would prompt the release of Mr. Lambrecht's two four-
acre parcels to the new fisherman.
Mr. Bossi said the HSAB should remain focused on dealing with
Mr. Lambrecht's situation and not whomever gets the lease, and
how do deal with that person once they get Mr. Lambrecht's lease.
Mr. Bossi rescinded his original motion and Mr. Brace rescinded
his original second. Mr. Bossi then made a motion that Mr.
Lambrecht must file his application to transfer his lease to a year-
round Nantucket resident of his choosing within 90 days of
approval of the HSAB's recommendation by the Select Board and
if this does not happen within 90 days of Select Board approval od
this process or if the transfer does not meet the conditions of the
NRD and the Select Board, the latter would then revoke Mr.
Lambrecht's license. Ms. Andrews seconded this motion.
Mr. Bossi moved to amend his motion to include the application
language above. Ms. Andrews seconded this motion. The HSAB
voted 5-0 to approve this motion.
Mr. Bossi left the meeting at 6:38 p.m.
Mr. Lambrecht thanked the HSAB for all of its patience.
Excessive sand in scallops/Dredging plan — Discussion
Mr. Carlson said he expects to have a draft dredging plan for the
HSAB to see in July of 2022.
HEALTH OF THE HARBORS
Excessive lawn fertilizer use: Update —Discussion — New
information
Mr. Lowell said he got a request from a Nantucket resident worried
about how much fertilizer is being used on the large lawn of the
new park at head of the Creeks owned by the Nantucket Islands
Land Bank. Ms. Andrews said native vegetation will eventually
replace the lawn grass.
FDA shellfish taking prohibition in mooring fields
Ms. Riley covered this issue in her NRD report.
Water quality testing
No discussion.
NEW BUSINESS
Fertilizer-ban articles —Discussion
Mr. Brace detailed the Jan. 12, 2022 Finance Committee meeting
in regards to Joe Minella's proposed fertilizer ban citizen article.
Mr. Brace said that Mr. Minella was ill-prepared for the questions
the Finance Committee had for him on the science behind his
article. Fortunately for Mr. Minella, fisherman Bobby DeCosta,
Emily Molden, executive director of the Nantucket Land Council
and Thais Fournier were at the meeting and helped to answer these
questions on Mr. Minella's behalf, said Mr. Brace.
Mr. Lowell agreed that Mr. Minella should come better prepared to
upcoming meetings concerning his article.
Ms. Andrews agreed.
Chris Fuller's video showing lyngbia algae in the harbor -
Discussion
No discussion.
Coastal Resilience Advisory Board — Update
Mr. Brace reported that the Coastal Resilience Advisory
Committee will now be working on near-future coastal resilience
project and reporting to the Select Board quarterly.
PUBLIC QUESTIONS AND COMMENT
RECAP and ITEMS FOR NEXT MEETING
ADJOURN
Unanimously approved, 5-0, at 6:59 p.m.
YOUTUBE LINK
https://www.youtube.com/watch?v=Nj_rgCHltDw&list=PL49sKq
py7VAj 6nJnAlrlKlx Wm6 V QTfuXg&index=1
Future Meetings
Feb. 1 and Feb. 15
Respectfully Submitted,
Peter B. Brace, Secretary