The difficult balance between environmental stewardship and commerce was brought to the fore at the Tuesday-night meeting of the Oak Bluffs selectmen when commercial fisherman Kyle Peters made an emotional plea to the board to overrule, in part, shellfish constable David Grunden’s decision to close the Oak Bluffs side of Sengekontacket Pond to scalloping.
Mr. Grunden made the decision last month because his surveys showed a high percentage of seed, or sexully immature scallops, and relatively few legal adults.
Mr. Peters asked selectmen to open Sengekontacket scalloping to divers only. He said he has been diving for scallops in Sengekontacket for 35 years, and in his view, there was an abundant population of adults. “You’d see one every five feet,” he said. “There’s not a lot of seed piled up like they said there was.”
Mr. Peter’s brought underwater photos of adult scallops to show the board. He said that since divers, unlike draggers, can see what they’re doing, they can easily avoid taking seed, and that scallops have been abundant in dive areas. “We don’t drag on our stuff. It gets better every year,” he said. “What concerns me even more is, if you don’t harvest them, they’re going to die.”
Mr. Grunden disagreed, saying scallops have a two-year lifespan. “We will lose some adults, but the majority of [the population] is seed,” he said. “I still think the the best management decision is to leave it closed and let the seed be.”
Mr. Grunden said two areas in the dive area have the highest concentration of seed. He also questioned the validity of Mr. Peter’s photos, saying since they were close-up shots, it was impossible to determine where the photos were taken and what the adult density would be in the area.
Selectman Walter Vail expressed concern about a double standard, since Edgartown did not close its side of the Sengie to scalloping, open only to recreational fishing.
“My biggest concern is that it doesn’t affect everyone the same,” selectman Gail Barmakian said. “Sengie is the only place that divers can scallop. It’s taking away his livelihood. If he can show there’s an adult population there, it might be worth another look.”
Shellfish committee chairman Mark Landers, one of several shellfish committee members on hand, initially backed Mr. Grunden. “My opinion is the same,” he said. “I never want to shut anyone off. But after listening to Mr Grunden’s assessment, our vote was unanimous.”
Mr. Landers suggested that Mr. Peters could fish the Lagoon, which would require him to work from a boat, per commercial license regulations. Mr. Peters said fishing from a boat was not a viable option for him because he can’t stand up for long, due to sciatica issues, which are not triggered when he’s diving.
Ms. Barmakian asked if an area on the Lagoon could be opened for divers. Mr. Landers said it had been discussed and rejected, in part because divers take up three times the room of one boat.
Shellfish committee member William Alwardt adamantly stated that the ban should remain intact. “I’ve been on the pond probably more than anybody,” he said. “There’s a large amount of seed scallops; they’re huge. We’re having a big problem with people taking seed on Lagoon now. Our wardens are policing it the best they can. He’s not the only one being shut off here. He makes it sound like he’s the only person down there.”
Selectman Michael Santoro asked Mr. Alwardt not to make the discussion personal. Mr. Alwardt shot back, “It is. It’s crazy to let a select few fish and not everybody else.”
“I have a problem every year with this guy,” Mr. Peters said, pointing an accusing finger at Mr. Grunden across the room. “The fish warden told us himself, ‘It’s going to be personal.’ He knocked on our window and said, ‘You are not going to fish here next year.’”
The usually equable Mr. Grunden rose to his feet in umbrage. “That is absolutely not true,” he said.
Mr. Santoro restored decorum with his gavel; however, Mr. Peters frequently spoke out of turn during the rest of the discussion.
Mr. Landers suggested a possible compromise — the shellfish constable and one of the selectmen accompany Mr. Peters to the dive area for an inspection.
“If they want to make an assessment, I think it’s fair,” he said. “Give them a shot.” Mr. Landers stressed that this was solely his view, not the view of the shellfish committee, and added that people who break the rules will have their licenses suspended.
On that note, Mr. Grunden raised past disciplinary action he’d taken against Mr. Peters. “We’ve had issues with Kyle taking quahog seed,” he said.
“Twenty years ago,” Mr. Peters shouted back, standing as he did throughout the discussion.
Mr. Grunden said that shortly after he became shellfish constable, he took Mr. Peters before the selectmen, which resulted in a five-day suspension in Mr. Peters’ commercial license. “It’s not personal,” Mr. Grunden said. “I just think he should play by the same rules as everybody else.”
Selectman Kathy Burton said she would consider an exemption for divers if the matter was investigated as Mr. Landers had suggested.
Shellfish committee member Elizabeth Mansure objected strongly to lifting the ban, noting the subpar scalloping so far this season on the Lagoon. “The romantic idea of scalloping in the past is gone,” she said. “It’s very rare we have a good season. We could have a good season next year if we leave the pond closed. You can’t make rules just for one person.”
Selectman Greg Coogan, noting that longstanding personal issues were clearly at work, suggested a compromise may be possible. “I lean to supporting the shellfish committee,” he said. “If there’s a way David could check on [the divers] at a certain time of day, maybe there’s a compromise here.”
Mr. Grunden pointed out that his closure decision could only be appealed through the Division of Marine Fisheries (DMF), and that if it was reversed, the entire pond, not just the dive area, would be open for scalloping.
“We’re just saying maybe we can work out something as a small town,” Ms. Barmakian said.
Selectmen asked Mr. Grunden, Mr. Peters, and the shellfish committee to investigate the matter and return to the board with recommendations.
In other business, selectmen voted unanimously to increase the number of positions for senior “work off” tax abatements, from 10 to 15. The program allows Oak Bluffs seniors to work for the town at minimum wage, to offset their tax bill by up to $1,000. Human resources administrator Wendy Brough said she could fill three of the five new slots immediately.
In the spirit of regional cooperation, selectmen unanimously endorsed building inspector Mark Barbadoro’s request to work five hours a week for the town of Aquinnah. Mr. Barbadoro said pursuant to his action, the building inspector’s office would open at 7:30 am.