King to visit East Machias to help solve weir conflict

EAST MACHIAS – Home rule exists in Maine as long as local decisions don’t conflict with what state officials want.

When they do, state officials can bring the power of the governor to bear.

That’s what the Board of Selectmen learned recently.

On Thursday, Gov. Angus King will be in East Machias to deal with a home rule issue: whether the state can build a weir in the East Machias River.

Last year, town officials said no.

The Maine Atlantic Salmon Commission, which wants the weir in place, weighed its options, including appealing the town’s decision to Superior Court or appealing to the governor.

Last month, the governor sent the town a letter. “The Maine Atlantic Salmon Conservation Plan requires the installation of temporary fish weirs in several Downeast rivers, including the East Machias River,” the governor wrote. “The weirs are a key component of the conservation plan.”

King said the salmon commission had asked him to exercise the authority granted to the governor to waive restrictions in local ordinances “in certain circumstances.”

But before making his decision, the governor asked for a meeting with town officials. The meeting is scheduled for 2 p.m. Thursday. The public is invited.

The East Machias River is one of eight Maine rivers where the Atlantic salmon is an endangered species. The purpose of the weir is to prevent escaping aquaculture salmon from entering the river and intermingling with the wild fish.

Weirs or fish traps on the five Washington County rivers are a key component of the Atlantic salmon conservation plan because there are fish farms within six miles of the mouths of those rivers. The Washington County rivers where wild salmon are an endangered species are the Dennys, East Machias, Machias, Narraguagus and Pleasant.

The salmon commission began constructing the $420,000 federally funded weir on the East Machias last year, but the town issued a stop-work order just weeks into the project and directed the commission to apply for a town building permit.

The commission complied.

On Aug. 14, 2001, the planning board voted to deny the commission a town shore land zoning permit for the project. The East Machias appeals board then voted unanimously to uphold the planning board decision.

In its rejection letter to the salmon commission, the appeals board said it concurred with the planning board’s finding that the weir would be a safety hazard to children and would affect fish, aquatic and other wildlife habitat and the visual and natural beauty of the area.

The proposed weir is to be built across from the town’s park and near the boat landing. Once built, it would prohibit watercraft from traveling down river.

On Sunday, the Board of Selectmen met with their attorney to discuss their coming meeting with the governor. First Selectman Kenneth “Bucket” Davis said he was concerned about the short time frame. The letter informing the town of the meeting is dated May 24; the town did not receive it until May 29.

Rep. George Bunker, D-Kossuth, said he had spoken with representatives of the salmon commission and asked them why they did not simply work with the town. He said he believed it would have helped resolve the issue.

The commission started the project without consulting the town.

The town’s attorney, Ron Mosley, said the governor was not required to meet with the town before making a decision. He said he viewed the meeting as a positive move. He recommended town officials remain focused on the issues laid out in the public notice published by the state.

Among the issues that were listed in the public notice are: there are no reasonable alternative sites for or configuration of the project within the municipality that would achieve the necessary public purpose; and there are no reasonable alternatives to the project including sites in other municipalities, that would achieve the necessary public purposes.

Selectman Jack Gardner suggested that the governor may have asked for a meeting because he has not yet made up his mind. He said the governor has only heard one side of the issue and may be seeking the opposing point of view.