In Maine, the intertidal zone is owned by the upland property owner. Public access is permitted for “fishing, fowling, and navigation” and in 2019 the Maine Supreme Court ruled that these activities do not include harvesting rockweed. A brief description of the ruling – https://law.justia.com/cases/maine/supreme-court/2019/2019-me-45.html
Arguments about whether rockweed is more similar to plants or fish (!) have been the focus of the Court’s decision. If rockweed harvesting is considered to be a “fishery,” some argue that it should be regulated and harvested like fish. In 2018, Ben Goldfarb wrote about this legal conundrum in an article titled “A fish called rockweed” in Hakai Magazine. In 2019, Drs. Jessica Muhlin and Susan Brawley co-wrote an op-ed piece in the Bangor Daily News to emphasize that “rockweed is not a plant”. However, Dr. David Garbary, a professor in Nova Scotia, was quoted in the Washington Post (2018) saying “This is one of those absurd questions where you get tied up in definitions that are not relevant. This is a perfectly good photosynthetic organism, and it’s a plant.” Despite this common sense approach, legal interpretations of Maine state law hinge on the fact that rockweed is neither fish nor fowl, and harvesting it from boats does not constitute “navigation”.
Selected news stories:
2019 Boston Globe – Clash along bucolic Maine coast erupts over rockweed.
2020 Fisherman’s Voice – One year after SJC ruling, rockweed industry still grappling with change.
2021 Quoddy Times – Lawsuit seeks ruling on beach ownership.
2023 Maine Monitor – First prosecutions against illegal rockweed harvesters.
2018 Book by Susan Hand Shetterly, Seaweed Chronicles
Chapter 2 – The Underwater Forest, Chapter 6 – Harvests and History,
Chapter 9 – The Uneasy Art of Making Policy,
Chapter 12 – The World According to Ascophyllum
How can people protect their shoreline property from rockweed harvesting?
The Maine Rockweed Coalition explains this topic – https://mainerockweedcoalition.org/for-landowners/
Landowners’ Rights
According to the Maine Supreme Court, intertidal land is owned by the upland property owner, who has the right to protect their land from rockweed harvesting.
Planning ahead, you can notify harvesting companies that you will not allow access to your property by filling out this form and mailing it to the companies that are known to be working in the area. We confirmed with Acadian Seaplants representative Jacob Patryn that property owners can send an email to infomaine@acadian.ca to request no harvesting. He noted that no harvest notifications are acknowledged and acted upon, and there is no need for annual reminders.
If you want to protect your property from unauthorized rockweed harvesting, you will need a copy of your deed proving that you own the property. If you see unauthorized harvesting on your property, you will need photos or videos proving that this has occurred.
To file a complaint about unauthorized harvesting, you can contact Lt Troy Dow, who is the District II (Lincolnville – Eastport) Division Head of DMR Marine Patrol. His office is in Lamoine and his cell number is 207-592-2925.
He will need information about the harvesting location, a copy of your deed, and any information you can provide about the harvester (raking or mechanized; vessel information – number, harvester; photos).
If Lt. Troy Dow is not available, call the State Police Dispatch Center in Bangor (207-947-7382). They have direct contact with the appropriate Marine Patrol Officer in your area.
What about the 2021 lawsuit on this topic?
Several landowners were sued by rockweed industry members and their allies for contacting authorities when their rockweed was harvested without their permission, or when they advised other landowners to contact authorities after the 2019 Maine Supreme Court decided that rockweed belongs to the upland landowner. In January 2024, the Maine Superior Court ruled that these plaintiffs did not have legal standing (just cause) and their complaints are moot. The case also involved complaints against beachfront property owners who have not allowed the public to use their beach.
The Maine Rockweed Coalition discusses this topic in more detail – https://mainerockweedcoalition.org/law-cases/
What role does the Maine Legislature have regarding ownership of the intertidal zone?
On January 11, 2024, the Committee on Marine Resources of the 131st Legislature voted to REJECT Legislative Document 2003 (shown below). This bill would have made the intertidal zone freely available for rockweed harvesting and recreation, most likely leading to a rapid and sustained increase in the commercial harvesting, with very few regulations in place to protect the ecological integrity of rockweed habitats for other marine species.
To some extent, scientific publications are relevant to this proposed bill and others, as noted in a Letter to The Ellsworth American by David Porter.