On July 11, the Harpswell board of selectmen unanimously approved a town policy that specifically details the right of town residents to fish. Harpswell has 385 fishing vessels which generate approximately $68 million in annual revenue, according to Harpswell’s draft comprehensive plan. Yet the town also has a large population of people unconnected to the fishing industry who have moved into the area recently, either as retirees, summer residents, or as a result of the COVID pandemic.
Photo courtesy of the Portland Press Herald.
The new policy affirms town support for the state law protecting fishermen’s activities. It also cites support for the legal doctrine known as “coming to the nuisance.” The legal defense can be invoked when the “nuisance” activities were happening before the complainant moved to the area, or when the complainant should have known the activities were happening. We publish the full text of the town’s policies here.
Town of Harpswell Right to Fish Policies
Harpswell is a “working waterfront community.” Commercial fishing, lobstering, shellfish harvesting and processing, boat building, repair and service, and similar marine-related activities are at the core of what Harpswell is and should remain. These Right-to-Fish Policies serve as a guide for the Town of Harpswell and the Harpswell community in protecting the working waterfront and commercial fishing from potential nuisance complaints by aiming to prevent contention in commercial fishing zones and other areas of the community, and limiting restrictions that have the potential to adversely impact commercial fishing and marine businesses.
Educational Activities
It is a policy of the Town to ensure that there is adequate education and outreach to new residents about commercial fishing and marine industries that rely on the waterfront. New residents, especially those in the commercial fishing zones, should be given informational materials about living near the working waterfront. This proactive approach aims to reduce potential future conflicts and supports local businesses.
Funding for Activities
It is a policy of the Town to create a funding mechanism to support initiatives focused on educating new residents about commercial fishing, enhancing the town’s capacity to support marine resource industries, and expanding access to the waterfront for commercial fishing activity including shellfish harvesting in the intertidal zone.
Periodic Review of Ordinance Provisions Governing Commercial Fishing Uses
It is a policy of the Town to maintain commercial fishing as a permissible use including appropriately scaled commercial fishing related uses as a home occupation and accessory use across all zoning districts. To implement this policy, the Town should periodically review its land use ordinances to ensure that commercial fishing related uses are preserved and maintained throughout the Town, and that provisions are adopted which unequivocally allow the storage of commercial fishing equipment, such as lobster traps, rope, and other fishing gear, on private premises throughout Harpswell.
Nuisances
State law provides that a private nuisance action may not be maintained against a person engaged in a commercial fishing activity or a commercial fishing operation so long as the activity or operation is undertaken in compliance with applicable licensing and permitting requirements and other applicable statutes, rules and ordinances (see 17 M.R.S.A. § 2807). It is the policy of the Town to support and recognize the application of this state law, as well as the legal doctrine of “coming to the nuisance” which may prevent actionable nuisance claims, in order to minimize the potential for conflict involving commercial fishing and to make residents aware of these provisions.
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