On March 18, the Department of Marine Resources prohibited shellfish harvesting in much of the Sheepscot River due to non-compliance with FDA regulations that require shoreline sanitary surveys every 12 years. That closure came as a surprise to area shellfish harvesters, shellfish wardens, and even local DMR employees. On April 2, the Boothbay Region Shellfish Committee met with local DMR representatives and Representative Bruce MacDonald in hopes of getting some answers.

Troy Lewis, DMR Marine Patrol, told the committee that the closure had come as a surprise to him. Lewis explained that the FDA requires water testing and shoreline surveys to ensure that shellfish are safe for human consumption. Shoreline surveys basically consist of walking the coastline and identifying and mapping any pollution sources, such as outfall pipes, that could be a concern.

Shellfish committee chairman Brant Perkins asked, "How long has the DMR known that it hasn't complied? From the paper, it sounds like they had 10 years to get this done. Why hasn't this been done?" Neither Lewis nor DMR Area Biologist Ron Aho could answer that question. Lewis said, "Nobody else, other than maybe Water Quality, knew that this was coming" and noted that DMR's water quality staff were not available to attend the meeting.

A memo from Deputy Commissioner David Etnier dated March 20 indicates that the DMR has been aware of the non-compliance problem, and the likelihood of closures, since at least 2005. Etnier's memo quotes an FDA report, "It was noted in the FY 2004 Growing Area Evaluation that within two years, in order to stay in compliance with the minimum requirements of the program, harvest areas may need to be reclassified as prohibited resulting in reduced acreage available for harvest. This was due to the fact that the DMR seemed unable to complete all of the required activities necessary to maintain an effective public health program."

Etnier states that the water quality section of DMR is severely understaffed but this does not explain the lack of communication or planning to deal with the program's deficiencies. Noting that the local shellfish committee first learned of the closures through the newspaper, Perkins said, "I would have thought that a long time ago I would have gotten a phone call about this . . . We should have had this meeting six months to a year before this ever happened . . . We could have had this meeting before our clam flats got closed, organized a group, and kept them from being closed."

Representative Bruce MacDonald stated that poor communication between DMR's water quality branch and clammers wasn't just a local problem. "It's been terrible across the state," he said, noting that a shellfish advisory committee had been started to try to improve communication. MacDonald said that he had met with Etnier and was hoping to spur the effort to get the shoreline surveys done and the flats open as soon as possible.

MacDonald and Lewis discussed the possibility that local shellfish harvesters could be trained to carry out the shoreline surveys. However, as of Monday, MacDonald said that that scenario may not be as likely as he had hoped. DMR is expected to conduct shoreline survey training for municipal and state employees in the near future, but it is not presently clear whether that training will include harvesters.

No one at the meeting could say how long it would take to complete the surveys or how long the flats may remain closed. Both Lewis and MacDonald said that they would be working to fix the communication problem and ensure that local shellfish committees are not left in the dark. Perkins said, "I'm not happy that this happened but at this point there is nothing we can do but go forward and try and get it opened again." He expressed his appreciation to MacDonald for attending the meeting and for any answers and assistance he could provide.

MacDonald reported on Tuesday that he would continue to focus on this issue and to keep the pressure on DMR. "A lot of the responsibility for this falls on DMR in Augusta," he said, "This is going to affect a lot of jobs and leave a lot of produce unharvestable . . . We need to get this fixed."