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                                            COASTAL ZONE
           Coastal Zone                     INFORMATION CENTER
            Information                                                          Planning and Developing Small Harbor Areas
              Center
                                                           Massachusetts Department of Community Affairs

                                         Case Study           Newburyport, Massachusetts
                                                                 Local Assistance Series 10

                                          COASTAL ZONE
                                          INFORMATION CENTER

                        PLANNING AND DEVELOPING SMALL HARBOR AREAS

                                         CASE STUDY

                           NEWBURYPORT/SALISBURY, MASSACHUSETTS

                           THIS REPORT WAS JOINTLY PREPARED BY-

                                      MARTINGALE, INC.
                            639 MASSACHUSETTS AVENUE, SUITE 204
                              -CAMBRIDGE, MASSACHUSETTS 02139

                                           AND THE

                       MASSACHUSETTS DEPARTMENT OF COMMUNITY AFFAIRS
                                OFFICE OF LOCAL ASSISTANCE
                               @.1 ASHBURTON PLACE, 16TH FLOOR
                               BOSTON, MASSACHUSETTS 02108

                                       PROJECT STAFF:

                   GREGORY F. DOYLE.                PROJECT MANAGER,
                                                      MARTINGALE, INC.
                   DAVID M. LUCE.,                  SENIOR PLANNER
                   MADHUKAR A. REGE                 PRINCIPAL PLANNER
                   DORRIT SENIOR                    PLANNING SPECIALIST
                   RICHARD KHAN                     GRAPHIC ARTIST

                   CONSTANTINE YANKOPOULOS          CHIEF PLANNING OFFICER

                                                           U S  DEPARTMENT OF COMMERCE NOAA
                                                           C 0 A S I A LSERVICES CENTER
                                       NOVEMBER, 19 7 7
                                                           2234 SOUTH HOBSON AVENUE
                                                           CHARLESTON , SC 29405-2413

                          Property of CSC LibrarY

            The preparation of  this report was financed in part through a
            comprehensive planning grant from the U.S. Department of Housing
            and Urban Development,.under the provisions of,Section 701 of the
            Housing Act of 1954,  as amended.
       Uj

                                             CONTENTS

                                                                                  Page

                  CHAPTER I:         INTRODUCTION AND SUMMARY                     1
                            I.1      Background
                            1.2      Problem Definition                           4
                            1.3      Summary of the Study Report                  7
                  CHAPTER   II:      MAJOR FINDINGS AND RECOMMENDATIONS           13
                  CHAPTER   III:     CHARACTERISTICS OF SMALL HARBORS             31
                            IIIA     What is a Harbor?                            31
                            111.2    Harbor Facilities for    Recreational
                                     Boating                                      44
                            111.3    Harbor Facilities for    Commercial
                                     Fishing                                      59
                  CHAPTER   IV:      COMMERCIAL FISHING IN    SMALL HARBORS       63
                            IV.1     Historical Background                        64
                            IV.2     Fishing Vessels and Gear                     68
                            IV.3     Species Fished                               77
                            IV.4     Marketing and Fisherman     Income           81
                            IV.5     Treaties and Quotas,-                        88
                  CHAPTER   V:       SMALL HARBOR DEVELOPMENT     POSSIBILITIES   95
                            V.1      Harbor Development Interest Groups           95
                            V.2      Types of Developments                        104
                  CHAPTE  R VI:     @LOCAL HISTORY                                119
                  CHAPTER   VII:     CURRENT STATUS OF THE    HARBOR AREA         125.
                            VII.1    The Harbor Itself..                          125
                            VII.2    Recreational Harbor Users                    131
                            VII.3    Commercial Fishing                           136
                            VII.4    The Harbor Communities                       139
                            'VII.5   Economic Impact of the    Harbor             147
                  CHAPTER VIII:      CLAM AND MUSSEL HARVESTING                   153

                  CHAPTER IX:     @ASSESSMENT OF LOCAL GOALS AND
                                   OBJECTIVES                                165
                          IX.1     Interviews                                165
                          ix.2     Surveys                                   180
                          IX.2.1   Survey of  Recreational Users             180
                          IX.2.2   Survey of  Commercial Users'              185
                  CHAPTER X:       DEVELOPMENT OF THE NEWBURYPORT/
                                   SALISBURY HARBOR                          195
                          X.1      Development Constraints                   195
                          x.2      General Harbor Developments               213
                          X.21.1   Short Term                                213
                          X.2.2    Long Term                                 216
                          X.3      Commercial  Fishing Developments          218
                          X.3.1    Short Term                                218
                          X.3.2    Long Term                                 223
                          x.4      Recreational Harbor Developments          229
                          X.4.1    Short Term                                229
                          X.4.2    Long Term                                 233
                          X.5      Other Harbor Development's                .23,6
                          X.5.1    Short Term                                236
                          X.5.2    Long Term                                 237
                          x.6      Organizational Developments               240
                  CHAPTER XI:      SMALL HARBOR ADMINISTRATION               243
                          XI.1     Background                                243
                          XI.2     Possible Structures and Powers            247
                          XI.3     Community and Harhor Development
                                   Authority                                 255
                  CHAPTER XII:     REGULATION OF MASSACHUSETTS HARBORS       263
                          XII.1    General                                   263
                          XII.2    State Agencies                            264
                          XII.2.1  Executive Office of Environmental
                                   Affairs                                   264

                            XII.2.2     Other State Agencies                      276
                            XII.3       Regional and Local Agencies               277
                            XII.3.1     Regional                                  277
                            XII.3.2     Local Harbor Masters                      277
                            XIi.3.3     Shellfish Authorities and Shellfish
                                        Wardens                                   279
                            XII.3.4     Other Local ARencies                      279
                            XII.3.5     Harbor'Authority                          280
                  CHAPTER XIII:         FISHING COOPERATIVES                      283
                            XIII.1      What Is a Fishing Cooperative?            283
                            XIII.2      Why Form a Fishing Coo'perative?          285
                            XIII,3      Forming a Fishing Cooperative             287
                            XIII.4      Operating a.Fishing Cooperative           294
                            XIII.5      Financing a Fishing Cooperative           299.
                                 Attachment A: Federal and State Laws
                                        Relevant to Fishing Cooperatives          303
                            XIII.A.1    Federal Fishery Cooperative
                                        Regulations                               303
                            XIII.,A.2   Massachusetts Fishing Cooperative
                                        Laws                                      310
                                 Attachment B: Funding and Other
                                        Resources                                 319
                            XIII.B.1    Federal Programs - National Marine
                                        Fisheries Service (NMFS)                  319
                            XIII. B.2   Economic Development Administrat.ion
                                        (EDA)                                     323'
                            XIII.B.3    Small Business Administration (SBA)       325
                            XIII.B.4    Farmers Home Administration (FmHA)        327
                            XIII.B.5    Farm Credit System                        328
                            XIII.B.6    Department of Housing and Urban
                                        Development (HUD)                         3310

                              XIII.B.7 Regional Programs                                   .331
                              XIII.B..8 State,Programs                                    -@-332
                                     Attachment C: Fishing Cooperatives
                                           @Bibliography                                   333
                    CHAPTER XIV            ZONING FOR.A     HARBOR AREA                    335
                              XIV. 1       Introduction                                    335
                              XIV. 2       Establishing     a Harbor Zoning
                                           District                                        3@7
                              XIV. 2.1     Zoning Map -     Chapter 808                    337
                              XIV.   2.2   Zoning District Boundaries                      337
                              XIV.         Uses Within Harbor Zoning Districts             337
                              XIV.   2.4   Wetland/Floodplain Overlay District             340
                              XIV.   3     Purposes of a Small Harbor District             341
                              XIV.   3.1,  Purposes from Chapter 808                       341
                              XIV.   3.2   Type of Regulations from Chapter
                                           808                                             341
                              XIV.   3.3   Purposes for a Harbor Area                      342
                              XIV.   4     Regulatory Considerations and Land
                                           Uses in a Harbor District                       343
                              XIV.   4.1   Typical Regulations.                            343
                              XIV.   4.2   Typical Uses                                    343
                              XIV.,5       Dealing with a Nonconforming Use,
                                           Building, or Structure                          356.
                              XIV.   5.1   Definition                                      356
                              XIV.   5.2   Abandoned or not Used Uses,
                                           Buildings and Structures                        356
                              XIV.   5.3   Alteration, Extension or Changes
                                           to a Nonconforming Use, Building
                                           or Structure                                    357

                              XIV. 5.4     Bonus Provisions to Control Non-
                                           conforming Uses, Buildings or
                                           Structure                                       359

                            XIV. 6     Regulating the Use of Land in a
                                       Small Harbor by Special Permit           359
                            XIV.  6.1  Definition                               359
                            XIV.  6.2  Special Permit Granting Authority        360
                            XIV.  6.3  Granting a Special Permit                361
                            XIV.  6.4  Findings                                 361
                            XIV.  6.5  Classes of Special Permits               361
                            XIV.  7    Variances                                377
                            XIV.  7.1  Definition                               377
                            xiv.  7.2  Variance Granting Author   ity           377
                            XIV.  7.3  Variance Granting Procedure              377
                            xiv.  7.4  Findings                                 379
                            XIV.  8    Conclusion                               379

                                             Figures

                                                                                  Page

                                       Aerial View of Newburyport/Salisbuty
                                       Harbor                                     Cover
                            II.1       Harbors of Massachusetts                   14
                            11.2       Land Utilization- Newburyport/
                                       Salisbury Harbor Area
                            III.1.1    Fixed Pier and Floating.Slips              35
                            111.2.1    Boat Sling                                 49
                            IV.2.1     Otter Trawl                                72
                            IV.2.2     Gill Netting                               73
                            iv.2.3,    Purse Seine                                74
                            IV.4.1.    Monthly Unit   Prices and Landings,
                                       Fresh Cod in   Mew England                 82
                            IV.4.2     Market News Reports Weekly Summary,
                                       Fresh,Fish                                 813
                            IV.4.3     Realland Projected.Earnings and
                                       Employment   in Forestries and
                                       Fisheries,   BEA Region 004                87
                            VII.1'.1   Newburyport/Salisbury Harbor               124
                            VII.4.1    Newburyport   Waterfront Renewal Area      143
                            IX.2.1.1.  Recreational Harbor Users
                                       Questionnaire                              181
                            X.1.1      Salisbury Waterfront                       197
                            X.1.2      Merrimac Harbor Looking Upriver
                                       ,From Newburyport Clam Flats               201
                            X.1.3      Newburyport Waterfront From Coast
                                       Guard Station to Urban Renewal Area        204
                            X.1.4      Upper Merrimac Harbor Looking
                                       Downriver                                  207

                           X. 3. 11. 1 Location of New Ice Facility and
                                       Unloading Dock                             221
                           XI.3.2.1    Proposed Commercial    Fishing  Basin      225
                           XI.3.1      Organization Chart    of Suggested
                                       Newburyport Community and Harbor
                                       Development Authority                      256
                           XII.1       Government Agencies with Regulatory
                                       Authority over Harbor Areas                265
                           XII.2       Massachusetts Harbormaster Com-
                                       munities                                   281
                           XIV.2.1     How to Establish a Harbor District         338
                           XIV.2.2     How to Establish the.Wetland/
                                       Floodplain District                        339
                           XIV.6.1     Special Permit Process                     362
                           XIV.6.5     Illustrations of Floor Area Ratio          .366
                           XIV.7.1..   Variance Process                           378

                                             Tables

                                                                           Page

                  III.1.1   Small Harbor Services                          42
                  IV.4.1    Distribution of Total  Stock Averages for
                            28 N.E. Trawlers                               85.
                  IV.5.1    Quotas                                         89
                  IX.2.2.1  Commercial Fishing Survey                      188
                  IX.2.2.2  Commercial Fleet Physical Data and
                            Operational Patterns                           190
                  IX.2.2.3  Commercial Fishermen Opinion Survey Results    192
                  XI.1      Harbor Development Entities    Levels,
                            Structures, and Powers                         249
                  XIII.3.1  Existing Cooperatives                          291
                  XIV. 4.1  Recommended Use Table  for a Harbor Zoning
                            District                                       345
                  XIV. 6.1  Amenities and Bonuses  for Bonus Zoning        368

                  CHAPTER I: INTRODUCTION AND SUMMARY

                    I Background

                      In July of 1976 the Massachusetts Department of
                  Community Affairs invited the communities of the Common-
                  wealth with populations under 50,000 to submit proposals
                  to receive in-depth community planning and management
                  assistance in a number of specific topic areas. One of
                  those study areas was entitled "Planning and Developing
                  Small Harbor Areas" and the preliminary study outline
                  was as follows:

                           "This study is designed to assist coastal
                      Communities in the Commonwealth to more effective-
                      ly plan and develop their limited and vital
                      coastal harbor resources. It is proposed to
                      enable communities to capitalize on the potential
                      for commercial fishing facilities resulting from
                      the enactment of the 200-mile off-shore fishing
                      limit and to improve other economic potentials
                      such as recreation, tourism, and commercial
                      redevelopment and revival.

                           "This study will concentrate on_me@tho,ds
                      for maximizing the interface between land and.
                      water use in and immediately around a typical
                      small harbor and developing a harmonious inte-
                      gration of commercial, recreational, and environ-
                      mental activities and concerns within the critical
                      resource area.

                         . "Detailed model harbor designs will be
                      prepared indicating physical interrelationships
                      of land and water use, including such items as
                      land and water circulation, piers, dockage
                      facilities, warehousing, channeling, and break-,
                      water construction, etc."

                      Concurrently, the Department invited interested and
                  qualified consulting firms to submit proposals to conduct
                  one or more of the studies under consideration. For the
                  small harbor study, Newburyport was chosen as the target
                  community and Martingale, Inc. was chosen as the consul-
                  tant. Gregory F. Doyle, Vice-President of Martingale

                   was designated as technical director of the study and
                   was closely assisted in the study by John R. Ordway,
                   staff consultant to Martingale. Because of the physical
                   proximity of Salisbury and the common harbor that it
                   shares with Newburyport at the mouth of the, Merrimac
                   River, Salisbury was included as part of the study area
                   as* well.

                        The resulting study effort on which this report is
                   based was conducted primarily by the consultants but
                   with extremely close cooperation and assistance from  the
                   Office of Local Assistance, the City of Newburyport,  and
                   the Town of Salisbury. This assistance was essential to
                   the successful conduct of the study, and the consultants
                   wish to gratefully acknowledge in particular the efforts
                   6f Manya Rege, David Luce, Dorrit Senior, and Constantine
                   Yankopoulos, of the Office of Local Assistance; John
                   Leigh, City Planner for the City of Newburyport; and
                   Susan Bayko, Chairperson of the Planning Board of the
                   Town of Salisbury.

                        Following the selection of the target communities
                   and the consultant, the study team met and mutually
                   determined the outline of the study, its major goals and
                   areas of investigation, and the probable contents of the
                   study report.@, Briefly, it was determined that the study
                   would concentrate on the development planning of the
                   Newburyport/Salisbury harbor area with specialregard
                   for the enhancement of commercial fishing activities but
                   in a manner consistent with parallel interests of.the
                   two communities in such areas as recreational uses of
                   the harbor, compatibility with contiguous and adjacent
                   land uses in the communities, the long range and orderly
                   development of the communities, and th& continued
                   economic growth of the two@communities. It was agreed

                                               2

                  that  the study should include historical information on
                  both  the local area and the region, especially with
                  regard to fishing and other harbor uses; an inventory
                  of existing facilities, a  Isurvey of local harbor and
                  community interests; the formulation of alternative
                  development concepts for the harbor and relevant unit
                  costs and designs; evaluation of these alternatives; and
                    selection of a preferred concept and a recommended
                  course of action. It was further determined that certain
                  hard information and data would be presented in the s    tudy
                  report either in toto or by reference. Among such data
                  would be relevant agencies and programs at both State
                  and Federal levels, information sources outside the
                  pub lic domain, and information relevant to the implemen-
                  tation of fishing cooperatives.

                       As the study effort progressed, an unusual opportu-
                  nity developed for the immediate implementation of some
                  of the more important recommendations of the study     even
                  as this report is being written (July 1977). This
                  development became the cause of no small amount of
                  enthusiasm both among the study team and among the     prime
                  subjects of the study, the commercial fishermen of     the
                  Newburyport/Salisbury harbor area and has al   so, in  the
                  opinion of the, consultant, greatly enhanced the prospects
                  for the subsequent implementation of the more long-term
                  recommendations of this study. Accordingly, these
                  developments, the funding and implementation of a fish-
                  ing dock and related facilities, will be discussed in
                  some detail in the body of the report. It is clear that
                  these developments will be of immediate benefit to the
                  target communities of this study, and it is hoped that
                  the reporting of these developments will be of benefit
                  to other communities as well in the preparation and
                  pursuit of their own harbor development plans.

                                               3

                   1.2     Problem Definition

                        In principle, the problem facing the consultants
                   and the entire study team was defined by the preliminary
                   study outline issued by the Office of Local Assistance
                   and quoted in-Section 1.. As in most projects of this
                   sort', however, the true shape of the effort can only'
                   emerge as the study team begins to examine in some
                   detail the various topics and interest groups which
                   affect or are affected by the broad concerns expressed
                  .by the preliminary study outline.

                        This was especially true in the instant case because
                   of the fact that the study must essentially serve two
                   separate constituencies with not necessarily coincident
                   goals and objectives. The City of Newburyport and the
                   Town of Salisbury were understandably most'interested in
                   a study that would both develop firm recommendations for
                   their harbor development and also serve as the impetus
                   for obtaining Federal and State financial assistance in
                   implementing those recommendations. The Office of Local
                   Assistance, serving the broader constituency of all of
                   the communities of the Commonwealth, was more interested
                   in a study document that could assist all coastal
                   communities, including Newburyport and Salisbury, in
                   planning and developing their own small harbors. The
                   consultants and all members of the study team have
                   attempted to pursue both of these goals concurrently and
                  .in a manner that is not detrimental to either. In so
                   doing, the study has in fact expanded somewhat relative
                   to the original outline, and has embraced more topics
                   than originally intended.

                                               4

                      Both of the target communities have a common heri-
                 tage, shared with many other small coastal communities,
                 of both commercial fishing and'other uses of the sea
                 and contiguous waterways for transportation, commerce,
                 and recreation. In recent years, the general rise in
                 leisure time, disposable income, and interest in all
                 outdoor recreational activities have caused a substan-
                 tial growth in recreational boating throughout the
                 Commonwealth and the country. As part of this growth,
                 there has been an increase in the number and capacity of
                 private facilities, marinas and boat clubs that serve
                 the recreational boater as well as the establishment of
                 many publicly,funded and operated facilities, from
                 waterfront parks to boat ramps or boat liveries. Newbury-
                 port, for example, already has a publicly funded boat
                 ramp at Cashman Park and is in the process of construc-
                 ting, with State and Federal funds, a bulkheaded water-
                 front park that will be equipped with slips for visiting
                 boaters. Among other steps being taken by the target
                 communities and many others are the construction or up-
                 grading of sewage treatment plants to improve water
                 quality. The accomplishment of this goal will have    many
                 benefits, including an improvement in the water environ-
                 ment for recreational boaters. Both of the target
                 communities are involved in such projects with State and
                 Federal assistance.

                      Clearly, a lot has been done and is being done for
                 recreational boating interests, yet at the same time,
                 the commercial fishing industry has been stagnating or
                 contracting in the face of mas'sive foreign competition
                 at sea and inadequate facilities in their home ports.
                 The enactment of the Federal 200-Mile Resource Manage-
                 ment Zone has addressed the former problem and this study
                 has been directed primarily at the latter. In essence,

                                            5

                   the object of the study has been to investigate how the
                   small harbors of the Commonwealth, with Newburypor.t and
                   Salisbury as the.model, can take steps to improve the
                   climate for their local commercial fishermen in a manner
                   consistent with the continued growth in recreational
                   uses of the water and the overall development of the
                   communities at large.

                                              6

                .1.3    Summary of the Study Report

                      In the ensuing chapters of this report, we will
                 present theactivities and results of the study effort.
                 Formally, the report is divided into functional chapters,
                 each dealing with one or a few related topics germane
                 to small harbor development in general or to the New-
                 buryport/Salisbury area in particular. In continuing
                 recognition of the dual constituency of this study effort,
                 however, we have also tried to informally organize the
                 chapters into contiguous groupings corresponding to the
                 two constituencies.

                      This chapter and Chapter II are applicable to both
                 the study area and to the more general concerns of the
                 study. Chapters III, IV, and V deal with broad questions
                 relevant to all.of the small harbors of the Commonwealth,-
                 indeed to most of the-small harbors of New England. In
                 Chapters VI, VII, VIII, IX, and X, we address the speci-
                 fic questions of the history, status, and development'
                 potential of Newburyport and Salisbury." In the remain-
                 ing.chapters of the report, we deal with several admini-
                 strative matters which, while they are of potential in-
                 terest to any small harbor in Massachusetts, are of
                 immediate and pressing concern to the two communities
                 of the study ar ea.

                      Chapter II is the'bottom line of this report. It
                 presents several factual matters that the consultant
                 feels are important to place the recommendations of the
                 study in proper perspective and to underscore the im-
                 portance of small harbors to the Commonwealth in

                                             7

                   aggregate, even though any particular small harbor may
                   appear insignificant relative to the major parts of
                   Massachusetts. The recommendations of the study are
                   also presented in this chapter. It is nearly impos-
                   sible to make specific recommendations with broad
                  ,applicability to a large number of harbors, so the
                   majority of recommendations deal with the study area.

                        Chapter III examines the fundamental    characteris-
                   tics and needs and functions of small harbors in general.
                   Anticipating the division of interest among harbor users
                   that will recurthroughout the study, the facility needs
                   of small harbors are examined in detail from the two
                   points of view of recreational users and the commercial,.
                   fishing fleet.

                        Commercial fishing  has long been:recognized as an
                   important i*dustry in Massachusetts, but most people tend.
                   to associate it with Boston, Gloucester, and New Bedford.
                   Chapter IV reviews commercial fishing in the small harbors
                   of Massachusetts and highlights many of the problems pe-
                   culiar to small boat fishing as well as some of the advan-
                   tages. Additionally, some general fishing background,
                   equally applicable to small and large boats, is presented
                   for the benefit of readers who may not be closely acquain-
                   ted with this facet of Massachusetts life.

                         Chapter V addresses the development of small harbors
                   in general without being limited to the specific circumstances
                   that obtain in.Newburyport and Salisbury. It begins by

                                               8-

                  discussing in some detail the many groups in a small
                  community that will have an interest in the nature and
                  extent of harbor development. Many of these groups
                  may have strongly divergent or conflicting interests
                  which could significantly affect or limit harbor devel-
                  opment. With these interest groups and possible con-
                  flicts thus identified, Chapter'V then goes Ion to
                  present and discuss the major generic types of harbor
                  developments that a small community may wish to consider.

                       Chapter VI is the first-chapter that deals directly
                  and specifically with the study area. It is.a brief
                  chapter that sketches the history of the study area,
                  especially as it relates to the sea and commercial fish-
                  ing, from pre-revolutionary times to the present. This
                  history makes clear that the nautical traditions of
                  Newburyport and Salisbury are.very.strong traditions
                  and that any redevelopment of the Merrimac harbor, no
                  matter how ambitious, can only be a partial return to
                  the busy commercial harbor of a century-and-a-half ago.

                       Chapter VII reviews in some detail the current
                  status of the harbor and its users as well as the com-
                  munities it serves. In effect, this chapter presents
                  the physical and institutional baseline as a standard
                  against which any possible developments must be measured.
                  It,also.deals with.the economic value of the harbor to
                  the adjacent communities and reveals.that economic impact
                  to be quite substantial.

                      Soft shell clam harvesting takes place in many coastal

                                              9

                   communities of Massachusetts and could take place in
                   many more were it not for pollution problems. Because
                   of this, the discussion of Chapter VIII might well have
                   been grouped 'With the more general chapters III, IV, and
                   V. Instead it has been placed here mainly because of
                   the enormous economic potential of the clam flats of
                   Newburyport and Salisbury. The chapter estimates that
                   potential but, more importantly it attempts to deal
                   objectively with the environmental issues affecting
                   clam harvesting in Massachusetts and the study area
                   in particular,

                        An important and essential part of this study,
                   or of any effort aimed at significant development in
                   a small community, is the assessment of local needs and
                   wants. Chapter IX discusses in some.detail the mechan-
                   isms used in the instant case to assess local goals and
                   objectives and the resulting conclusions. Basically
                   two separate approaches were used - the first was a
                   series of extensive but purposely informal interviews
                   with the main interest groups. This was followed,by
                   relatively more formal surveys and questionnaires aimed
                   at gathering more quantitative data from the main harbor

                   users.

                        Chapter X presents the specific recommendations of
                   the study team for the development of the N.ewburyportt
                   Salisbury harbor. The recommendations are quite specific
                   and are grouped in five general areas',one of which deals
                   only with harbor administration. In general, the develop-
                   ment recommendations in@.each.area are separated-into short-

                                              10

                term recommendations and long term recommendations.. It
                would be equally appropriate to consider'short term de-
                velopments as those with only modest capital needs and
                capable of accomplishment with little or no non-local
                funding. The long term improvements are more ambitious'
                and will almost certainly require State or Federal fund-
                ing assistance for their implementation.

                     Chapter XI follows'logically,on the brief organi-
                zational recommendations of Chapter X and deals in much
                @greater detail with the entire local government structure
                that impacts harbor dev elopment. Chapter XI concludes
                by recommending a re-organization of City government in
                Newburyport centered on a new body, the Community and
                Harbor Development Authority. Though the content of
                Chapter.XI is specific to Newburyport, the arguments and
                concepts it presents will be of interest,to most other
                harbor communities as well.

                     Chapter XII discusses the regulatory framework with-
                in which Massachusetts harbors currently operate and exist.
                A single harbor may fall under a very large number of re-
                gulatory jurisdictions at all their levels of government,
                and Chapter XII attempts  to sort these out in a coherent

                manner.

                     The fishing fleets of small harbors are themselves
                small in several ways - number of boats, size of boats,
                catch volume per boat, and number of crew per boat. For
                all of these reasons, the boats and fleets of small

                   harbors tend to be at the mercy of much larger market
                   entities and unable to deal with the market in a truly
                   competitive manner. Fishing cooperatives offer the
                   fishermen an opportunity to speak and act as a much
                   larger market entity and consequently to dealwith the
                   market much more aggressively. Chapter XIII presents
                   the whys and hows of forming and operating a fishing
                   cooperative and reviews some of the practical consi-
                   derations that existing cooperatives have found to be.
                   important to their success. Chapter XIII also-presents
                   the.applicable Federal and State legislation as a pre-
                   liminary guide to the legal aspects of a cooperative.

                                              12

                 CHAPTER II:   MAJOR FINDINGS AND RECOMIENDATIONS

                      The coastline of Massachusetts is over 1200 miles
                 long and is one of the largest of the lower 48 states.
                 There are nearly 90 communties. on or near the coast and
                 over 60 of them have identifiable ports or harbors (See
                 Figure IIJ). The Massachusetts CZM Program (1) defines
                 aport as having a navigable channel of 20 feet or more;
                 adjacent land zoned for marine or industrial use; road
                 and rail links; land separated from residential and
                 commercial uses; and several other attributes. Centers
                 of marine activity without one or more of these charac-
                 teristics are called (by.CZM) harbors, and clearly this
                 latter definition encompasses nearly all of the centers
                 of marine activity of the Massachusetts coast, with the
                 notable exceptions of Boston, Gloucester, and New, Bedford.
                 For our purposes, a small harbor is one which serves
                 primarily recreational boats, ferries, party boats, charter
                 boats, excursion boats,  and liveries. Small harbors sup-
                 port little or no waterborne commerce, but most harbors
                 have at least some fishing activity.

                      Small harbor commercial fishing activities in Mas-
                 sachusetts have had a low profile and relatively poor
                 access to public resources and assistance on two levels.
                 Locally, small.harbor-commercial fishing is-viewed as
                 a secondary function of the harbor and is frequently over-
                 looked in harbor development activities in favor of the
                 more visible recreational and aesthetic aspects of the
                 harbor. On a state or regional level, any one small

                 Massachusetts Coastal Zone Management Programf
                 Massachusetts Executive Office of Environmental
                 Affairs, July, 1977.

                                           13

                                                                                                                                                        FISURE 11.1
                                                                                                                                            HARBORS OF MASSACHUSETTS

                                                                                                             IPSWICH                                                   N
                                                                                                               ESSEX     SANDY BAY (CAPE ANN)
                                                                              ee I&                                       ROCKPORT                                   A
                                                                         N,
                                                                                                                       GLOUCESTER

                                                                                                                    STER
                                                                          r                                Y       DANVERS
                                                                                        el
                                                                 r                                           SALEM
                                                                       I                -   I    ..      MARBLEHEAD

                                                                                                  NAHANT

                                                                                                        BOSTON PORT AUTHORITY AREA
                                                                                               @JINCY  HULL
                                                                                                        KING COVE.
                                                                                                            HINGK4M

                                                                                                                   SCITUATE

                                                                             Y_

                                                                                                                        GRM RNWR
                                                                                                                         DUQRV
                                                                                                                                            PROVINCETC144

                                                                                                                           ING"

                                                                                       N,                                                                                    "JiSET
                                                                                                                                                          V4U!LFLFET

                                                                                          J
                                                                                           . . ........
                                                                            00,
                                                                                                                                  ELLISVILLE
                                                                                                                                                              ROCK HARBOR

                                                                          J              L.-                                         SANDWICH               SESUI
                                                                                                                                              BARNSTABLE       .. ......
                                                                 SWANSEA                                                  PHINN9Y-'_
                                                                 FALL R I

                                                                WAVOW
                                                               SIPPI                                            KEST                                       HARWICH
                                                                                                                                                 HY    Is
                                                            NE                                  S..           FALMOUTH                                                         TRAM
                                                                                                           RA QUISSET            ALMDUTH                                    (STAGE)
                                                                                                   LITTLE      RBO
                                                                     WE       POINT                                RADIV    VINEYARD RAVEN
                                                                                                                                OAK BLUFFS
                                                                                       CUTTYRNK

                                                                                                                                        EDC%Wr"
                                                                                              MENEMSHA     K   ....... .
                                                                                                                                                          N T U C I

                                                                                                                                               MADDAKET          ...
                                                                                                         CO
                                             Sources:                                                                                                      NANTUCKET

                                             1)         Commonwealth of Mass. Executive Office of Environmental
                                                        Affairs. Mass. Coastal Zone Management Plan. Mass.
                                                        Coastal Regions and an Atlas of Resources. Volume II of
                                                        2. June 1, 1977.

                                             2)         U.S. Army Corps of Engineers. New England Division. Pro-
                                                        ject Maps. Volume 2 of 3: Rivers and Harbors, Mass.
                                                        Revised to 30 September, 1976. Waltham, Mass.: The
                                                        Corps, 1976.

                                             3)         U.S. Army Corps of Engineers. New England Division.
                                                        Water Resources Development by the U.S. Army Corps of
                                                        Engine@i_rs @in Mass. Waltham, Mass.: The Corps, 1975.

                                             4)         Waterway Guide: The Yachtsman's Bible Northern Edition.
                                                        Volume 30, Number 3. Marine Annuals, Inc. Annapolis,
                                                        Md. 1977.

                                                                                                              14

                 harbor is accurately viewed as insignificant, in terms'
                 of commercial fishing, when compared to    Boston or
                 Gloucester. It is a paradox, however, that commercial
                 fishing activities may be one of the most economically
                 important industries in a small harbor community. State-
                 wide, the small harbors of Massachusetts, taken in
                 aggregate, may equal or exceed the fish landings of
                 Boston or New Bedford. We have to say "may" because,
                 with the exception of this study, we are unaware of any
                 systematic-attempt to quantify the economic impact of
                 a small harbor. Hopefully, this study will serve to
                 increase the visibility of small harbors and increase
                 the interest in them by planners and fu nding agencies
                 at both State and Federal levels.

                      Small harbors should have a variety of goods and
                 services to adequately serve the recreational boating
                 public, varying from the obvious launch/haulout faci-
                 lities, moorings, fuel, ice,.,and marine hardware to the
                 less obvious and less essential shoreside power, hull
                 repair capability, or shoreside hotels or motels. Not
                 all small harbors have or should have all of the services
                 shown in Table III.I.1, but most harbors have the major-
                 ity of these services to some degree. As that same table
                 shows, the number of additional.services required to
                 support a small harbor commercial fleet is:quite,.small'
                 and many of those additional services can be, and are,
                 jury-rigged in one way or another. The most important
                 of these additional services are diesel fuel-, large
                 quantities of broken ice, a dedicated unloading dock with
                 a weighing and.sorting area, cold storage, trucking, and
                 some mechanism for selling the catch. Strictly speaking,

                                             15

                   the Newburyport/Salisbury harbor offers only one of
                   these supplementary services, diesel fuel, yet it supports
                   a vigorous, though struggling, commercial fishing industry.

                       The fishing industry of New England has its begin-
                   nings in the earliest days of European colonization and
                   has been an important economic force throughout the
                   history of Massachusetts. Recently, however, the indus-
                   try as a whole has been stagnant or declining in the face
                   of intense foreign competition for diminishinp, stocks
                   and the fleet has continued to grow chronologically older
                   and technologically obsolescent. Nonetheless, it remains
                   an important industry to Massachusetts. Fishermen opera-
                   ting in the larger, newer boats out of the major ports of
                   Massachusetts tend to stay in the groundfishery and to
                   fish primarily by means of the otter trawl, though not
                   necessarily exclusively. Smaller boats from the small
                   harbor fleets, on the other hand, are more likely to
                   change species and method several times during the course
                   of the yea r. Methods used'include digging and dredging,
                   traps, hook and line, harpoons, otter trawl, gill net,
                   and purse seine. The small harbor fleet consists gener-
                   ally of boats less than 70 feet in length with the 25-40
                   foot range predominating. The fleet fishes for a large
                   variety of species, many of them quite unfamiliar to New
                   England consumers, but the bulk of the effort is devoted
                   to the familiar and highly valued groundfish and shellfish.

                       There are many problems faced by the New England
                   fishermen, both small boats and large, but one that seems
                   to be among the most troublesome is the wide variations

                                              16

                  in ex-vessel-prices on a daily as well as seasonal basis.
                  Small harbor fishermen have the potential to take advan-
                  tage of this price fluctuation by ei@her holding their
                  catch until price improves or shipping it to alternative-,
                  more distant markets, but in most cases they lack the
                  facilities or institutional means to do this. (The lar-
                  ger boats are at a relative disadvantage to the small
                  boats.in this regard since they work longer trips and
                  consequently return to port with fish that is consi-
                  derably less fresh than fish from a small boat day trip.
                  A large boat that tries to withold its c atch because of
                  low pricexuns the risk of quality deterioration or
                  outright spoilage.)

                       The U.S. has been a party to a large number of
                  international treaties or agreements relevant to commercial
                  fishing and stock conservation, but most of these were
                  abrogated with the passage of the 200 Mile Resource Manage-
                  ment Act. Nonetheless, commercial fishermen remain con-
                  strained by several domestic quotas as well as some inter-
                  national agreements thatwere not affected by the 200 mile
                  limit. Many of these quotas are not effectively managed
                  in the best economic interest of the fishermen or of the
                  state or nation. it is recommended that,the appropriate
                  agencies at both levels of government analyze the economic
                  implications of quotas, whether domestically or inter-
                  nationally derived, and the associated quota management
                  systems.

                       Any small harbor development plan will impacta
                  number of different interest groups within the com-
                  munity. These groups are likely to be more visible and
                  contentious thanthe same groups might be in a larger

                                               17,

                  port city, and the nature of small community govern-
                  ment is likely to bring them in fairly close contact
                  with community leaders. Recognizing this, it would
                  be advisable for local officials to review each pro-
                  posed development at its earliest stages for its im-
                  pacts on the various pressure groups and to search
                  for ways to avoid conflicts among them. Commercial
                  fishermen have a direct economic interestin many
                  harbor plans and will wish to'be heard. Shellfish
                  harvesters also have a direct economic interest,
                  particularly in any plans that affect water quality
                  or that might otherwise impact the intertidal flats
                  in the harbor.- Party and charter boat operators share
                  many of the concerns of commercial fishermen but, on
                  balance, their interests will usually be more closely
                  allied with sports or recreational fishermen. Marinas
                  have a very strong interest in harbor developments,
                  particularly those that involve public funding and/or
                  operation of facilities that are essentially in compe-
                  tition with the private section marinas. There are
                  also many other water-related businesses that operate
                  on or near the wa terfront, bait and tackle shops are
                  one example, but their interest is likely to be,more
                  peripheral.than marinas. Almost any development helps
                  them, and the probability of competition from the public
                  section is almost nil.

                       Recreational fishermen share many interests with
                  commercial fishermen and, with all boat owners, tend to
                  bein conflict with marina operators on such matters as
                  public funding.of waterfront facilities. The reason is

                                              18

                 the purely economic one.that boat owners would like
                 to see slip and ramp fees driven down and marina op-
                 erators would like them to stay up, Other recreational
                 boaters share this concern and additionally are usually
                 more concerned with harbor aesthetics than a fisherman
                 ,might be. Sailors of course are especially interested
                 in channel conditions because of their keels which
                 usually cause their boats to have the deepest naviga-
                 tional draft of any boats using a small harbor. Water-
                 front restaurants and bars are mainly interested in
                 harbor'atmosphere,-so any increase in harbor use is good
                 for them, provided it does not place aesthetically dis-
                 pleasing activities, such as commercial fishing, too
                 close. Many other no.n-marine users of waterfront land
                 tend to be relatively indifferent to harbor development
                 as long as their own use and ownership are tot threatened.
                 In this regard, any hint of eminent domain would be
                 negatively vi ewed while developments that enhance the
                 value of dormant land would be welcomed. Businesses
                 that are separated from the waterfront will tend to
                 favor most waterfront developments in the belief that,
                 any development that increases local commerce is good.,
                 The only proviso would be  that local public funding
                 should be limited in order to avoid any significant
                 rise in property taxes.

                      Community interests at present seem to be heavily
                 influenced by the desire for conservation of waterfront
                 land for public use and access and preservation of the
                 environment. Waterfront developments of the type being
                 discussed in this report, however, are likely to win easier

                                             19

                    public acceptance  because they are in. essence a restoration
                    of unused waterfront to historical uses.

                        '@There are many generic types of developments that
                    coul be used to improve a small harbor, and the funding
                    and initiative for them may be entirely private, entirely
                    public, or a combination of the two. Specific develop-
                    ments will of course depend on the problems and resources
                    of the harborinquestion. Perhaps the most desirable
                    types of developments to most small harbor communities
                    involve the harbor entrance and the navigation or chan-
                    nel. These desired developments range from channel-
                    maintenance dredging or ch  annel marking to very am-
                    bitous constructions of jetties or other structures      for
                    major harbor entrance improvements, but all require      fund-
                    ing and implementation by the Corps of Engineers. Basin
                    improvements are usually undertaken by public agencies,
                    though not exclusively or necessarily by the Corps of
                    Engineers. Dredging, perimeter stabilization, and.wave
                    attenuators are the usual types of basin improvements,
                    but the construction of loa&bearing bulkheads or sea-
                    walls can also be viewed as a basin improvement.

                         Bridges are not harbor improvements per se but they
                    can and do place direct limitations on harbor use and
                    thus should be considered in the same context as other
                    harbor developments. Protection from moving ice is an
                    extremely important improvement for a small harbor in
                    Massachusetts to undertaketo assist its local commercial
                    fishing fleet. Winter fishing is vitally important to
                    the economic base of a small fishing fleet but it is
                    severely limited if the home port is subject to moving
                    ice. Docks and floats are usually combined with some

                                                 20

                  other form of development, ice protection for example,
                  and may be in either the public or private.sector.
                  Construction method and configuration will depend he    avily
                  on local conditions as well as the nature of.any      con-
                  temporary developments.

                       One of the earliest references to fishing in the
                  Merrimac River occured in 1634, and the localindustry
                  has existed to one degree or another ever since. The
                  offshore fleet probably-peaked about 200 years later when
                  over 1000 men worked nearly 150 boats. Today's fleet
                  is less than 50 boats and direct employment in fishing
                  is less than 150. Newburyport has also been a major
                  center of waterborne commerce and.shipbuilding in the
                  past, but both of these industries died in the early part
                  of this.century and revival of either is highly unlikely.
                  Nonetheless, the area adjacent to the waterfront and part
                  of the waterfront itself has undergone a massive and
                  commercially--and architecturally successful renewal and
                  restoration, This restoration area would be enhanced
                  and complemented by a revival of the rest of    the water-
                  front with commercial fishing as a focus.

                       Presently, the harbor is viewed by the     Corps  of
                  Engineers as primarily a recreational harbor-and in prin-
                  ciple the maintained channel depth is only nine feet.
                  The actual condition of the channel is not quite as     good
                  as that would imply and shoaling and shifting are a     pro-
                  blem. The weather in the area can be exceptionally      severe
                  in winter and the harbor entrance can become nearly     im-
                  passable under-certain conditions. In summer, the harbor

                                             21

                   provides a full range of services for recreational harbor
                   users as well as many of the services needed by-commercial
                   users year round, the notable exceptions being a dedicated
                   unloading dock.and ice-protected slips for deep winter
                   operations. The harbor is heavily polluted so the en-
                   ormous potential for shellfish harvesting is unfulfilled,
                   but current plans call for new sewage treatment facilities
                   in both.Newburyport and Salis bury.

                       Even without the potential contribution of shellfish
                   to the overall economic'impact of the harbor, its econom-
                   ic importance to the two communities is still substantial.
                   Considering only first,level effects, we estimate that
                   the local groundfishing effort results in gross landings
                   in excess of $1.25 million annual value; other fisheries
                   land fish worth over $800,000; and party and charter ,
                   boats are estimated to-collect nearly $500,000 per year.
                   The value of the recreational boating and sport fishery-
                   is more difficult to estimate but we place it, very
                   conservatively, at well in excess of $500,000 per year.
                   With other minor contributions and an allowance for
                   soft shell clams in the near future, we estimate the
                   total economic activity due to the harbor to be at least
                   $3.5 to $4 million per year in first level effects only.

                        The clam flats of Newburyport and Salisbury have
                   an enormous potential for economic benefit to the two
                   communities but the current pollution due to sewage
                   discharges on both sides prevents that potential from
                   being realized. The only cure for.the situation is
                   improved sewage treatment and fortunately that will

                                              22

                   soon be provided in both communities. The previous
                  estimate of economic activity-due to the harbor included
                  a potential 81 to 91.25 million from shellfish harvest-
                  ing as a lower bound. If the historical high yields
                  for the local clam flats are reached, and,indications ar    e
                  that that may be possible, then the actual value of
                  shellfish could be in excess of $3 million    as an upper
                  bound.

                      The review  of local conceVns showed   an encouraging
                  lack of potential conflict among    various harbor interest
                  groups. Commercial fishermen were mainly interested in
                  a dedicated unloading dock   and ice-free slips for winter
                  fishing along with a local supply of broken fish ice.
                  They also expressed a strong concern for improvements
                  to the harbor entrance and the channel, a.concern that
                  was shared to a greater or lesser degree by all     harbor
                  users. Fishermen also expressed an interest in     an im-
                  proved fishmarketing and storage process to replace
                  the present system of ad hoc arrangements for selling
                  their catch and the lack of local cold storage of any
                  significance.

                       Marina operators would like to see the harbor im-,
                  proved and its use generally increased, but their main
                  concern seems to be that the public agencies will provide
                  more services that have been traditionally in the private-
                  sector.    The existing public boat ramp and the seawall
                  and slips that,are under construction give rise to much
                  of this concern. Public interest in harbor development
                  was not well defined nor especially strong. Most     develop-
                  ments would probably receive rather passive public sup-

                                               23

                  port provided they do not raise any strong questions of
                  environment or public access to the waterfront. Public
                  awareness of commerc ial fishing and its economic impact
                  was low, yet there still seemed to be acceptance that
                  "something should be done" for the commercial fishermen.
                  We believe this passive support of fishermen would in-
                  crease as the true impact of the industry becomes known.

                       Figure 11.2 shows.the current land utilization in
                  the Newburyport/Salisbury harbor as well as the two ma-
                  jor recornmendations for development in the area closest
                  to downtown Newburyport. It should be pointed out that
                  the land use designations of the waterfront lands should
                  not be interpreted too closely, especially in the case
                  of the distinction between recreational uses and commer-
                  cial uses. As we will point out repeatedly in the fol-
                  lowing  chapters, there are many areas of the harbor that
                  are primarily recreational but serve the commercial fleet
                  as well. Figure' 11.2 shows most of the harbor that is
                  considered as likely -to be developed in the foreseeable
                  future. Most other shoreside lands were removed from
                  further consideration for development during a var&el-by-
                  parcel review of both sides of the river.

                        Speci  fic recommendations for development of the
                  Newburyport/Salisbury harbor are as follows:,

                        a) Channel  and Entrance Developments
                            1. The  mouth of the river should be redredged
                                within two years.
                            2. The ends of the jetties should be marked,
                                preferably with lights, but at least with
                                day beacons and radar reflectors.

                                               24

                                                                                                  SALISBURY

                                                                                                                               11. E

                                                                                                                                      S -

                                                                                                                                   MDRING AREA

                                                                                                            rMiNG MR

                                                                                            MORING MEA

                                                                                                                                                                          ELECTRIC COWARY
                                                                                                                                                 o'Cit-111
                              _.-.- ftplk 40,                                            ---------------------

                                                                                            OMING AREA

                                                                                                                                        RTY       MEET
                                                                                                                                  oil

                                                                                                                                     IMF

          LAND UTILIZATION
         Newburyport Salisbury Harbor Area                                     L5L@@@ SCALE IN FEET

                MARINE USES                                          HARBOR SUPPORTIVE USES                                    PROPOSED DEVELOPMENTS
                RECREATION                                           PUBLIC PARKING                                            REVITALIZATION AREA
                              marines, sport fishing
                  =b= facilities
                RECREATION /COMMERCIAL                               SHOPPING AND SERVICES                                     COMMERCIAL FISHING
                                  construction, repair
                                                                                                                         Now   ACCESS ROAD
                COMMERCIAL                                                                                                     PUBLIC RIGHT OF WAY
                  commercial fishing or Se&-food
                  pr--ce=A-

                PUBLIC SPACE

                           .3.  The break in the north jetty should be
                                similarly marked.
                           4. -The,main  channel should be dredged as soon
                                as possible. and placed on amore regular
                                maintenance schedule.
                           .5.  An additional channel marker is needed be-
                                tween Red Buoys No. l2and 12A.
                           6.   More,or all of the present buoys should be
                                lighted for night navigation in summer.
                           7.   All buoy lights should be maintained through
                                the winter either by placing larger buoys or
                                protec ting the lights from ice damage by a
                                lexan dome.
                           8.   The north jetty end should be repaired and
                                the entire-jetty built up to a greater height.
                           9.   Depending on,model.test results, capital
                                dredging of the inner channel should be con-
                                sidered to reduce shoaling.
                           10.  Consideration should be given to removal of
                                the worst navigational hazards in the harbor:
                                Half-Tide Rocks, the abandoned jetty near Black
                                Rock Creek; and the ruins of the South Pier.
                           11.  The North Pier (also known as the Icebreaker)
                                should be repaired.
                           12.  In the very long term, a new channel should be
                                dredged downriver of the American Yacht Club,
                                if the model tests indicate it to be,hydraul-
                                ically feasible.

                                               26

                     b) Commercial Fishing Development
                         1.  An unloading dock dedicated to commercial
                             fishing should be provided. (This@is being
                             done as discussed in Chapter X).
                         2.  A local supply of commercial quantities of
                             broken ice should be provided. (Again see
                             Chapter X).
                         3.  A cold storage capability should be provided
                             as part of the unloading facility. (This also
                             is being done as discussed in Chapter X).
                         4.  A new dock should be built to provide ice-
                             protected mooring for the local commercial
                             fle'et. (See Figure X.3.2.1).
                         5.  The entire fishing operation should be lo-
                             cated adjacent to the new waterfront park
                             as shown in Figure 11.2.,
                         6.  The pier forming the fishing basin should be
                             used for commercial fishing support facilities
                             on its downriv .er arm but as an extension of the
                             business/recreation/tourist activities of the
                             .r enewal area on its upriver arm.

                     c) Recreational Developments
                         1.  Public agencies should encourage the growth and,
                             refurbishment of all marinas and clubs in the

                             area.
                         2.  Both communities should encourage or require
                             provision of sanitary pumpout facilities at any
                             new orexpanded marina facilities.
                         3.  Newburyport should prohibit or severly restrict
                             new private or marina moorings.in front of the

                                            27

                                new seawall and waterfront park.
                            4.  Harbormasters of both communites. should be.
                                empowered and instructed to prepare and en-
                              ..force overall mooring plans to better utilize
                                available mooring space,and avoid channel
                                encroachment.
                            5.  Consideration should be given to a public
                                pilot project to test the feasibility of a
                                .mooring raft as a partial solution to the
                                mooring space problem.
                            6.  Newburyport should encourage the several
                                non-water uses of waterfront land between
                                Joppa Flats and the Route 1 bridge to relocate
                                away from the.waterfront over the long term.
                             7, To assurethe highest and best re-use of these
                                lands, the.City should adopt. a new zoning law
                                including a harbor zone.
                                The City should request the Corps of Engineers
                                to begin preliminary studies of.a long term
                                plan to place a major new recreational boating
                                complex downriver of the sewage treatment plant.
                                Such a facility could ultimately accomodate some
                                600 boats on 10 acres of land and-50 acres of

                                basin.

                        d) Other Harbor Developments
                            1. In the short term, the City should encourage
                                and assist the-businesses between thenew water-
                                front park and the Route 1 bridge in a cooperative
                                cleanup effort.

                                              28

                          2.  Within this waterfront revitalization area,
                              the City should assurej via formal.edsements
                              or some other means, that pedestrian access
                              along the waterfront is provided in order to
                              make the entire downtown and waterfront

                              accessible to both locals and tourists.
                          1.  Additional floats should be obtained for the.
                              new bulkhead in order to increase its berthing
                              capacity.
                          4.  Electricity and potable water services should
                              be provided at the public slips.
                          5.  City-owned guest moorings should be placed in
                              front of the new bulkhead.
                          6.  Part of the new bulkhead should be reserved
                              for display of, but not-access to, the charter
                              and party boats.
                          7.  Display moorings or slips should be provided
                              by each boat owner at his own expense.
                          8.  All'facilities associated with the new bulk-
                              head must be policed and maintained to assure
                              that their primary intent of attracting more
                              tourist business to the area is met.

                      e) Organizational Developments
                          1.  The harbormaster position in Newburyport should
                              become a full  time position.
                          2.  Consideration should be given to a single harbor-
                              master with full authority in both communities.
                          3.  Salary and expenses of the harbormaster should
                              be paid by harbor-derived revenues such as slip
                              and mooring fees and lease payments on the ice
                              facility.

                                             29

                          4.   Newburyport should create a Community and
                               Harbor Development Authority to administer
                               its harbor. (See Chapter XI for a full
                               discussion of this recommendation)
                           5.  The Newburyport Community and Harbor Develop-
                               ment Authority should have representatives
                               from Salisbury on its Advisory Board.

                       While the above are the major findings and recom-
                  mendations, they are by no means all of the conclusions
                  of this study. We strongly recommend that interested
                  readers use Section 1.3 as a guide to those parts of
                  the report that are most germane to their interests
                  for further details on these major conclusions.

                                             30

                CHAPTER III: CHARACTERISTICS OF SMALL HARBORS

                111. 1 What is a Harbor?

                      At first glance, the title of this section may seem
                unnecessarily naive-, yet a rational approach to harbor
                development planning requires a rather detailed answer
                to that question to assure that the many functions and
                .needs of a small harbor'are adequately met. In simplest
                terms, a harbor is a body of water where boats may be
                conveniently and safely kept when not navigating or
                otherwise in use. Under this broad description of a
                harbor are many variations and more specific descriptions.
                The first distinction we must make is between the small
                harbors of this study and major ports such as Boston or
                Gloucester. For our purposes, a small harbor serves
                primarily recreational boaters, ferries, party boats,
                charter boats, excursion boats, and liveries,.but*little
                or no waterborne commerce.

                     'The first function of a harbor of course is safety;
                and if one were siting and designing a new harb    or, site
                selection would involve considerations of local weather,
                wind and tide conditions, currents, topology, and
                related topics to assure that the chosen site would meet
                this prime function adequately and at reasonablecost.
                Realigtidally,, however., both the target communities and
                the other potential users of this study already have
                existing harbors whose sites were selected decades or
                even centuries ago. In fact, the historical pattern of
                Massachusetts coastal development has been one of
                recognizing natural harbors and then establishing commu-
                nities adjacent to them.. Because of this, the site
                selection criteria for harbor expansion and development
                are much more heavily based on environmental considera-
                tions orcontiguous land uses than on themore gross
                physical site variables, though wind, tide, current, and
                depth questions remain important nonetheless.

                                             31

                         Small harbors are  usually located in naturally,-
                    protected areas such as  bays,  inlets, or river mouths
                    though some may be partially orcompletely marimade by
                    means of breakwaters or  jetties. In rare instances a
                    small--craft harbor may be located on an exposed shore-
                    line with little or no  protection, but weather conditions
                    in New England essentially preclude this type of open
                    roadstead harbor here. Each harbor is of course different,
                    but they can be placed  in broad categories by means of
                    their most significant  characteristics as follows.:

                         a)  'Current

                              Bays and inlets generally, though not always,
                         have little or no current while rivers and river
                         mouths usually show currents that range from insig-
                         nificant to three to four knots. Tidal river mouths
                         experience reversing.currents, downriver on the ebb
                         and upriver on the flood. A current of any magni-
                         tude can have a substantial effect on harbor charac-
                         teristics and expansion possibilities. In a swift
                         current harbor, for example, slips and other
                         facilities must usually be oriented parallel to
                         the current flow since it is extremely difficult to
                         maneuver a boat at berthing speeds with a swift
                         current broadside. This limits the options for
                         slip arrangements and substantially    increases marina
                         investment costs since floating slips must be more
                         securely anchored and cannot extend    as far from
                         shore asthey could in a slow current or no current
                         situation. In terms of boat handling, both weekend
                         boaters and professionals can gain substantial
                         advantage from a swift current in approaching-and
                         leaving a marginal berth because the current will
                         provide a water velocity for steerage while the

                                                32

                        boat has a near zero velocity relative to the pier
                        or mooring float.' On the other hand,a swift
                        current makes it more difficult to tie up to an
                        offshore mooring or to approach or leave non-
                        marginal slips. (A marginal slip is one located
                        parallel to the current flow and at the outer edge
                        of a float or pier. A non-marginal slip is one.
                        that is either non-parallel to current flow or
                        located on the shore side of a float or pier.)

                             Current also affects maneuvering near obsta-
                        cles such as bridge abutments, channel markers,
                        rocks, or shoals and can have a substantial effect
                        on channel depth maintenance and the placement of
                        new fixed structures. A swiftly flowing river can
                        assistIchannel maintenance by continual scouring of
                        the channel while more stationary harbor waters may
                        meari that continual dredging is needed to prevent
                        channel blockage by siltation. New fixed struc-
                        tures will usually have little effect on shoal  ing
                        patterns in bays'or inlets with low currents and
                        siltation rates while the 'same structure could cause
                        major changes in siltation patterns in a swiftly
                        flowing river.

                             Current is also a major consideration in the
                        placement of facilities or industries that discharge
                        effluent into harbor waters and this would include
                        marinas, fishing docks, and boat clubs. Though new
                        anti-pollution regulations seek to reduce effluent
                        that is polluting, nonetheless there will continue
                        to be discharges for some time to come due to grand-
                        father clauses, accidents, or violations. Marinas
                        and boat clubs can produce both raw sewage and
                        petroleum products spills and discharges that are

                                              33

                          a considerably greater problem in areas with low
                          water flow and limited cleaning action. Fishing
                          docks, even those catering mainly to recreational
                          fishermen, can also cause considerable discharge
                          of dead fish or fish parts as people clean and sort
                          the days catch-at dockside.

                              The Merrimac River harbor serving Newburyport
                          and Salisbury has an extremely swift current of up
                          to three knots on the flood tide and nearly four
                          knots on the ebb. This current has limited marina.
                          development as noted above and.continues to limit
                          the potential for further development in both the
                          private and public sector. As we shall see, the
                          current and ice combine to-effectively shut down
                          the harbor to commercialfishing during the prime
                          fishing months in winter.

                          b) Tidal  Range

                              Tidal range has a number of effects on past
                          and future development possibilities in a harbor,
                          but the most important is probably in the design
                          of shoreside f@cilities. In harbors where the tidal
                          range is slight, of the order of one to three feet,
                          piers and,docks can be fixed'structures built on
                          pilings, if necessary, or simply treated timbers
                          standing in the river or sea bottom. In harbors
                          with more severe tidal ranges, slips are usually   on
                          floats so that boats are'accessible at all tides.,
                          The floats may be held in position either by chains
                          attached to shoreside piles or even trees or the
                          floats may be attached to piles at their corners
                          and ride up and down with the tide by means of rings
                          or rollers called traveling irons. Access from the

                                                34

                       shore or a fixed level pier to the f1oating slips
                       is by means of a hinged ramp that rides on rollers
                       at its lower end. Floating slips are not nearly
                       as strong as fixed piers, in fact they must be
                       hinged or in some other way articulated at several
                       points to allow for tide and wave movements, and
                       they are thus limited in the physical size that can
                       be reasonably and economically reached, especially-
                       in harbors where high tidal range and swift current
                       both obtain. In the Newburyport/Salisbury harbor,
                       for example, marinas are generally limited to two
                       or three rows of floats, or four to six rows of
                       slips,'all arranged parallel to current flow.

                                              pop 40
                                                   ''; 4@ A
                  ;W.

                                                                            an

                                                               A

                                              M1171 JUM

                      FIGURE III.1.1   FIXED PIER AND FLOATING SLIPS

                                             35

                               A high tidal range combined with a very gradual
                           slope of the river or sea bottom can also increase
                           marina investment costs in another substantial way.
                           The parking area and buildings associated with the
                           marina must obviously be located well above the high
                           tide mark., yet the floats must be located in water
                           deep enough for the boats serviced, even at low low
                           tide. The result is a very long pier or trestle
                           connecting the two, and this is both expensive to
                           build and maintain and causes a good deal of incon-
                           venience for boaters and marina personnel alike.
                           Likewise, a high tidal range coupled with shallow
                           bottom slope requires excessively long marine rail-
                           ways or support piers for powered boat slings or
                           similar devices for launching or hauling large boats.
                           Boat ramps for launching of trailered boats must
                           also be excessively long in'such situations.

                                In the Merrimac River, the average tidal range
                           is 7.8-feet and the bottom slopes rather sharply on
                           the Newburyport side but has a very gradual slope
                           on the Salisbury.side. The natural channel lies
                           closest to the Newburyport side in the area of the
                           ma3ority of waterfront activity but is closer to
                           the Salisbury side further downriver where the river
                           widens out at its mouth. The Army Corps of Engineers
                           in principle maintains a channel of 200 foot width
                           in the downriver part of the harbor and 400 feet,
                           with a turning'basin, near the center of water
                           activity.

                           c) Ice

                                In the New England climate ice is an important
                          'factor to any harbor and must be carefully considered
                           by boat owners-and owners of waterfront property,

                                               36

                       most notably marina operators. Ice can present
                       problems in a  variety of ways depending on the nature
                       of the harbor  in question. In fresh or slightly
                       brackish water  with little or no current, the entire
                       harbor surfAce  can freeze. Boats that are trapped
                       in such ice can have their  hulls cracked by the
                       pressure exerted by the freezing ice as it expands.
                       A hull with sufficient slope to its sides may be
                       just lifted by the ice without damage, while a hull
                       with relatively vertical sides at the waterline will
                       almost surely be cracked. In either case, only a
                       very foolhardy boat owner wou'ld',have his boat in'such
                       water during the winter months.

                             Fixed structures in harbors that ice completely
                       ,or nearly so are usually strong enough to withstand
                       the crushing pressure of ice, but may be susceptible
                       to a different kind of damage. If the harbor has
                       more than a very light tide rise, the pilings of

                       fixed structures can become locked in ice and be
                       pulled upward by the rising tide and, over a
                       period of days or weeks, the structure can become
                       deformed or even made structurally unsound.

                             River harbors fed by fresh water but with too
                       strong a current for complete or nearly complete
                       freezing can have a problem 'with floe ice coming
                       downriver in late winter or early spring or during
                       midwinter thaws. Ice floes weighing several tons
                       and moving at one to three knots speed are quite
                       capable of severely damaging or sinking boats at
                       slips or on moorings and can severely damage or
                       destroy fixed or floating waterfront structures as'
                       well. The ice comes from the more still waters    up-
                       stream and even if it is rather thin at its source,
                       it can "raft up" into much thicker floes as the

                                              37

                        icetloes overrun each  other at bridge abutments,
                        buoys, rocks, or other obstacles in the river. Floe
                        ice can also be formed at river mouths in the rela-
                        tively still waters over intertidal flats and can
                        be carried upriver on tide reversal, po'ssibly,with
                        the same type of rafting that occurs with ice coming
                        downriv6r.

                             The third form of harbor ice is so-called sheet
                        ice which is relatively thin ice thateither comes
                        from still water areas upriver without rafting or
                        forms in small bays and inlets along the river and
                        then breaks away into the main current. Sheet ice
                        is generally not as massive as floe.-ice and thus
                        doesn't cause damage by virtue of size alone but the
                        leading edge of such ice can cause damage to hulls,
                       .anchor or mooring lines, or light fixed structures
                        by an abrasive or cutting action.

                             There are really only two solutions to the ice
                        probl.em in those harbors that have it. (It should
                        be noted that salt water bays and inlets or salt or
                        heavily brackish straits generally have no ice
                        problem except'during extremely severe cold spells.)
                        Ice formation in still water harbors can be preven-
                        ted in the area of slips by placing bubblers beneath
                        the boats. These are simply perforated hoses connec-
                        ted to a small air compressor. As the air bubbles
                        rise to the surface they carry the relatively
                        warmer bottom water with them and thus prevent
                        freezing  in the immediate area of the protected
                        boats. Bubblers are relatively inexpensive to in-
                        stall and operate but it should be noted that in an
                        extremely cold winter such as 1976-77 even bubblers
                        were sometimes unab le to prevent freezing in some

                                               38

                        Massachusetts marinas.   For floe ice the only solu-
                        tion is to construct ice deflectors which provide
                        an ice-free lee behind  them or to locate marinas in
                        natural ormanmade embayments out of the main
                        current,stream. These must be relatively narrow,
                       ,however, or they may form eddies  that could carry
                        ice into the embayments anyway. As far as the boats
                        themselves are concerned, steel or aluminum hulls
                        can withstand much of the potential damage from floe
                        ice and can easily navigate through sheet ice of
                        moderate thickness. Wooden hulls, which are typical
                       .in the Massachusetts commercial fleet, should be
                        equipped with ice sheathing, one inch thick oak
                        belts'near the waterline, for'w'inter operation.

                             The Newburyport/Salisbury harbor has a swift
                        current and is thus not susceptible to complete
                        freeze-up (though local legend claims it has
                        happened in the past) but it has.a severe problem
                        with floe ice. At present there are only about
                        five relatively ice free slips available for
                        commercial vessels during the winter months.
                        Other boats operate from the Merrimac but risk
                        ice damage and must take extr Ia protective measures
                        during periods of heavy floe activity. The protec-
                        tive measures may involve running to an ice free
                        port (Gloucester), tieing up on the ice free side
                        of a bridge abutment, orin some cases even stay-
                        ing,under power and maneuvering to avoid the worst
                        of the ice floes. All of these measures are costly,
                        dangerous, or both, so ice is a major factor
                        limiting fishing operations in the Merrimac  in
                        winter.

                                                39

                        d) Channel Characteristics

                             Most boaters and commercial fishermen familiar
                        with several harbors think of each as either "easy"
                        or "difficult" to navigate. it is a subjective
                        distinction usually based on such factors as the
                        width of the navigable channel; its depth;,its
                        stability through time; its straightness (or lack
                        of it); the clarity of marking .(buoys and other
                        navigational aids); the presence or absence of
                        shoals, rocks, wrecks, or other navigational hazards;
                        .the ease or difficulty of seaward approach; and
                        other related or similar considerations. Taken
                        together, all of these factors tend to give a harbor
                        the reputation of being "easy" if operators are.
                        able to navigate the channel in nearly all weather
                        and tide conditions without undue fear of running
                        agroundor taking on water. Conversely, a harbor
                        is "difficult" if the captain must have total con-
                        centration during ideal conditions and must be
                        prepared for anything from white knuckle concern
                        to abject terror if conditions are.less than ideal.

                             As we shall discuss in some detail in Chapter
                        Seven of this report,the Newburyport/Salisbury
                        harbor is unfortunately much closer to the latter
                        type of harbor than the former and any development
                        plan for the harbor must be based on either improving
                        that situation or, at the very least, making it no
                       ,worse. Similar considerations should apply in
                        development planning for other harbors.

                             Beyond the'basic function of,providing safety
                        and security'for both recreational boaters and

                                              .4o

                     commercial fishermen, and in view of the basic
                     characteristics of the harbor as out-lined above,
                     a modern small harbor must offer a variety of
                     goods and services to its users. The 'purveyors
                     of these goods and services usually encompass a
                     combination of private marinas, boat clubs and
                     yacht clubs, other waterfornt and community busi-
                     nesses and public facilities.. In general terms,
                     a full service small harbor should offer most of

                     the services shown in Table 111. 1.1 All of
                     these services are desirable but not'all are ab-
                     solutely necessary. Likewise, the list is not
                     definitive since, for example, some commercial
                     boats are gasoline powered and some large yachts
                     are diesel powered. Nonetheless, Table 111. 1.1
                     is a good indication of the needs o.f a small har-
                     borand the division of those needs among the two
                     major user groups..

                                            41

                                        Table 111. 1.1

                                    SMALL HARBOR SERVICES

                 Services                              Recreational Commercial

                 Launch/Haulout Facilities                  x             x
                 Mooring and slips
                 (temporary,and permanent)                  x             x
                 Gasoline                                   x

                 Diesel oil                                               x

                 Bait                                       x             x
                 Block ice                                  x

                 Cube ice                                   x

                 Broken ice                                               x
                 Fishing gear supplies                      x             x
                 Fishing gear repairs                       x             x
                 Fishing gear rental                        x
                 Marine hardware and   supplies             x             x
                 .Fresh water                               x
                 Shoreside power                            x
                 Motel or hotel                             x
                 Hull repair                                x             x
                 Engine repair                              x             x
                 Electronics repair and sales               x             x
                 Shopping area                              x
                 Navigational aids                          x             x
                 Emergency assistance (Coast   Guard)       x             x
                 Security (harbormaster)-                   x             x
                 Boat livery                                x
                 Charter boats                              x

                                                42

                                    Table 111. 1.1
                                       (continued)

              Services                             Recreational  Commercial

              Party boats
              Unloading dock                                         x
              Weighing/sorting area                                  x
              Cold storage                                           @x
              Trucking service                                       x
              Fish auction, brokers, or
              cooperative                                            x

                                           43

                  111. 2 Harbor Facilities for Recreational Boating

                       A small harbor suitable for recreational boating
                  offers several benefits to the community or communities
                  it serves. Recreation for the boat-own''ing residents is
                  an obvious benefit, along with the enjoyment that even
                  non-boaters get from being near and being able to observe
                  the harbor and its activities. Equally important is the
                  economic benefit associated with a harbor in a small
                  community. The harbor can be a substantial source of
                  non-local income  i.e. money spent in the community by..
                  non-residents. The first beneficiaries of this.outside
                  money are the marina operators and fishing or boating
                  supply retailers.who sell goods and services to visitors..
                  The luxury yacht owner on cruise may visit a harbor com-
                  munity for days at a, time and spend hundreds of dollars on
                  slip fees, minor repairs., and purchase of boating sup-
                  plies. At the other extreme, an owner of a small t.railered
                  boat may spend only a few dollars on a boat ramp fee and
                  a box of*worms or a bag of ice cubes, but all of these
                  expenditures taken together can mean a substantial con-
                  tibution to gross local income.

                       The secondary beneficiaries of this process are the
                  businesses.serving the non-boating needs of visiting boaters,
                  e.g. grocery and liquor stores, shops, restaurants, motels,
                  etc. and those people-or businesses1who sell to these and
                  the primary beneficiaries. Thus, a properly equipped
                  small harbor can be an industry of substantial, though
                  usually seasonal, importance to a small community in pro-
                  viding jobs and general economic growth. To do so,
                  however, it mus t offer both local and visiting boaters a
                  fairly broad range of the services mentioned briefly in
                  the preceeding section.

                                               44

                     a) Berths

                          The berthing system for recreational boats has
                     two main purposes - to hold the boat safely when it
                     is not in use and to provide access from the shore
                     for the boat users and their gear and supplies.
                     There are basically -three ways to serve these
                     purposes: the boat can be stored between uses on
                     a trailer and launched and retrieved via a boat
                     ramp; the boat can be moored (attached to a fixed
                     bottom anchorage); or the boat can be berthed at a
                     slip, moored to either a fixed or floating pier..
                     These three approaches differ widely in cost to the'
                     user and in convenience as well.

                          The least expensive is trailering since it
                     costs only $1-$3 per launch/retrieval and coinciden-
                     tally requires the least waterfront footage for the
                     marina. It does, however, require rather extensive
                     associated parking to park the cars with trailers
                     attached and one might well argue that the ramp fee
                     is as much a parking fee as a ramp service fee.
                     This is the least convenient method for the boat
                     owner and the,method is limited in the size of
                     boat is can accommoda te. There is no firm upper
                     limit on the length or size of boat than can be
                     f@unched this way since, for example, an owner who
                     lives close by the marina may be willing to trail
                     a considerably larger boat than someone who has to
                     drive twenty or thirty miles at highway speeds. In
                     general though, people rarely trail boats of more
                     than twenty to twenty-five'feet in length.

                          The next most expensive, and more convenient,
                     method of protecting and accessing a boat is to moor

                                           45

                        it to a fixed anchorage. Usually the  boat is attached
                        to a single point mooring and is free to rotate about
                        the mooring point with-wind and current changes. The
                        owner may install his own mooring or rent a mooring
                        from a private marina or club. Access to the boat
                        is by rowboat or motorized dinghy and for individually
                        owned moorings the owner usually leaves./the dinghy
                        on the mooring while he uses the boat, but the
                        marinas and clubs usually provide a dinghy shuttle
                        service along with the mooring rent., The shuttle
                        servite may be operated by a'marina employee but it
                        is also common to have one or more self-service
                        motorboats. In the latter case the owner motors  out
                        to his boat and then tows the dinghy back to the
                        pier where it is left for the next user. Moorings
                        have the advantage of relatively low cost but th 'ey
                        are an inconvenient and also somewhat dangerous
                        means of accessing a boat, particularly for families
                        with small children. Where possible, the operator
                        will usually board and start his boat himself and
                        then return to the pier to pick up his passengers
                        and supplies. Unfortunately this may not always be
                        possible because of the congestion it can cause at
                        the pier during high use periods.

                             From the point of view of overall water use,
                        moorings are inefficient because each boat must be
                        allowed sufficient space to swing free about its
                        mooring without danger of striking other boats,
                        fixed structures, or the shoreline. The.space
                        requirements are even greater in a harbor with high
                        tidal range since the length of mooring line or
                        chain must be sufficient to accommodate the tide
                        variations. Widespread use of moorings can also
                        restrict navigation in or near the main channel.

                                              46

                      For these reasons, most harbor development plans
                      tend to avoid moorings as much as possible and to
                      treat them as temporary solutions pending construc-
                      tion of additional slip space at the shoreline.
                      In the harbor area of Newburyport/Salisbury how-
                      ever, moorings are a traditional method and their
                      widespread use is unlikely to be significantly
                      reduced,  though the availability of suitable sites
                      is such that, for the near future, significant
                      growth in the  number of moorings is likely to be
                      quite limited.

                           Slips are the most convenient method of
                      storing and accessing a boat and the means that
                      most owners would choose were it not for consider-
                      ations of cost and availability. (Slips in the
                      study area cost about $15-$20 per foot of boat
                      length for the season.) A slip is a dedicated
                      length of dock space, i.e. the renter has exclu-
                      sive rights to tie his boat there, alongside
                      either a fixed dock or pier or a floating pier.
                      Some slips consist only of the space itself while
                      others, actually most, also provide fresh water and
                      110 volt electrical power. Electrical power has
                      in the past been an integral part of the slip
                      service but with the increasing use of.air c,ondi-
                      tioners and other power-consuming appliances on the
                      larger and newer boats, some marinas have begun to
                      install electric meters at each slip and to charge
                      for electricity usage separately from,slip rental.
                      Other marinas provide only limited electric service,
                      via temporary extension cords, intended for
                      occasional use of small power tools or emergency
                      pumps and not for routine hotel services.

                                             47

                             A relatively new alternative to the three most
                        common berthing options is boat stacking, which is
                        limited to the smaller boats without masts or other
                        superstructures. The boat stacking facility con-
                        sists of one or more large buildings equipped with
                        boat storage racks with variable (vertical position)
                        boat holders that act as shelves. The bu ilding or
                        buildings are near the water's edge, which is a
                        paved and bulkheaded apron. A special fork lift
                        truck drives to the edge of the apron and lowers
                        its forks into the water deep enough for the-small
                        boats to be brought over them. The. boat is then
                        picked up by the forklift which can drive into the
                        storage building and place the boat on its assigned
                        11shelf" until its next use. This system of boat
                        berthing was originally developed in the southern
                        states where the warm water permits substantial
                        bottom fouling as a boat sits,in the water between
                        uses, but it is seeing some popularity up here as
                        well because it requires little waterfront and
                        provides excellent security-from the elements and
                        from vandalism and pilferage. The cost per boat
                        for storage space is low but there is a large initial
                        investment regardless of number of boats serviced
                        so the method has had only limited use in New England
                        and usually only in relatively large, in number of
                        boats, marinas.

                        b) Launch/Haulout and Repair

                             Boat ramps and forklifts are adequate for launch-
                        ing and retrieving small boats on trailers but larger
                        boats also require launch and haulout capability for
                        emergencie s, for routine bottom maintenance, and for
                        access to winter dry storage in harbors with ice

                                              48

                      problems. Several methods are available and in use
                      in Massachusetts and they vary widely in cost and
                      convenience.

                           The most convenient and usually most expensive
                      is a wheel-mounted boat sling. This is a steel
                      frame structure, usually gasoline or diesel powered
                      and running on rubber tires, that is able to straddle
                      a boat and pick it up or lower it via heavy reinforced
                      rubber slings which are suspended from the upper frame
                      of the structure by cable winches. The boat sling
                      requires a pair of narrow finger piers with the same
                      separation as the wheels of the boat carrier. In
                      operation, the carrier is driven out on the finger
                      piers and the slings lowered into the water. The
                      boat is then brought into the space between the finger

                             FIGURE III.2.1 BOAT SLING

                                           49

                        piers, positioned over the slings, and lifted out
                        of the water by the slings. Boat launching is just
                        the reverse of the same process.   In the yard itself,
                        the boat can be moved freely and easily to or from
                        its storage position or repair station.with no more
                        difficulty than driving a large truck. The yard need
                        not even be paved. The whole operation of launching
                        or hauling a boat can be accomplished in a few
                        minutes by a skilled operator. It is, however,
                        relatively expensive for the boatowner, and can cost
                        upwards of $5 per boat,foot for a short term haul-
                        out for inspection or minor repairs and in the
                        vicinity of $1 per square foot (boat length times
                        beam) for haulout, winter storage, and spring launch-
                        ing.

                             Less convenient and less expensive variations
                        on this method include rail mounted slings, similar
                        in construction and operation to the above but with-
                        out the flexibility of carrying a boat anywhere in
                        the yard and without the expensive drive and steer-
                        ing mechanisms; slings lifted by conventional cranes
                        mounted on tractor treads or truck bodies; and stiff
                        leg derricks permanently mounted on the pier face.
                        The latter two variations offer the least flexibility
                        and involve the greatest 'Skill since the boat is
                        suspended from a single point and is extremely vulner-
                        able to wind or even the motion of the crane, either
                        of i&ich could cause a pendulum effect that could
                        be disastrous to boat or crane or both. All of the
                        different variations on the basic idea are limited
                        in the physical size of boat they can handle by the
                        width of the straddle legs and by the-lifting capacity
                        of the winches combined with the structural strength
                        of the carrier'frame. A range of typical sizes

                                               50

                      would be 15-25  feet in width and up to 60 tons in
                      weight;.though  a:-25 ton capacity is quite sufficient
                      for a small harbor and could handle most boats up
                      to 60 feet in length. Another important distinction
                      between straddle carriers is whether the end toward
                      the water is open or has a removable cross member.
                     ,Carriers without this feature are unable to handle
                      boats with masts, antennas, or tuna towers unless
                      they are first removed.

                           Marine.railways are perhaps the most    common
                      launch and retrieval system since the basic idea
                      predates cranes and straddle carriers by decades   or
                      even centuries. The variations on the basic idea
                      are too numerous to discuss here but the concept
                      itself is simply a pair of rails extending from   the
                      yard level to well below the low tide water level.
                      A sturdy carriage rides on the rails on steel wheels
                      and can be moved up or down the tracks by means of
                      an electric or other type of winch at the top and
                      a pulley at the bottom. For launching, the carriage
                      is pulled down until the boat floats free and for
                      retrieval the boat is just positioned over the
                      carriage and both the boat and carriage are pulled
                      toward shore until the boat rests firmly on the
                      carriage. Either operation can also take advantage
                     @of the tide by lowering the boat/carriage at low
                      tide for launch or positioning the boat over the
                      carriage at high tide for retrieval. For our
                      purposes there is no upper limit on the size of
                      boat that can be handled by a marine railway since
                      railways with capacities of thousands of tons have
                      been built. In a small harbor, however, a 50 to 100
                      ton capacity would be more than adequate and relatively
                      inexpensive to build. Marine railways are generally
                      used for ship or boat construction and/or repair on

                                            51

                        the railway itself and.are not suited to routine
                        haulout for storage. They are inflexible   and require
                        some auxiliary means to move boats around  the yard
                        and to and.from the launch cradle if they  are to be
                        used as part of a dry storage scheme.

                             Perhaps the simplest launch/retrieval   method
                        for larger, boats depends almost entirely on the tide
                        and consists of little more than a couple of channel
                        iron tracks and a portable winch or truck. Boat
                        cradles are built on wooden sleds which can be
                        literally dragged around the yard over greased boards
                        which are laid in by hand as needed. To launch a
                        boat, the cradle is hauled down the channel iron
                        tracks at low tide and the boat is floated off at
                        high tide. To  retrieve a boat, the cradle is pulled
                        down and positioned at low tide, the boat positioned
                        over it at high tide, and boat and cradle hauled up
                        at the next low tide. The whole operation requires
                        a good deal of skill and planning and takes,some
                        time but it is very inexpensive and highly flexible
                        for both short term haulouts and for winter storage.

                             In conjunction with a launch and haulout facility
                        of whichever type, a boatowner will also need access
                        to* repair services for the hull and engines and his
                        ele ctronic gear including radios, radar, sonar, fish
                        finders, Loran sets, and so forth. Most boatowners
                        do their own routine maintenance, but even long time
                        boatowners have occasional need for professional
                        assistance in one or more of the above areas. In
                        support of the do-it-yourself part of boat maintenance,
                        however, most-marinas carry a fairly full line of
                        marine hardware, paints, and other boating supplies

                                              52

                      both as a service to their tenants and because the
                      sale of such supplies can equal or exceed the revenues
                      from storage and other services in many marinas.

                      c) Boat  Operating Services and   Supplies

                           Any marina usually derives   a substantial portion
                      of its revenues from the sale of goods and services
                      associated with the daily operation of pleasure
                      boats. Conversely,   a marina that does not offer a
                      full line of these needs will not be as attractive
                      to the boating public. the bare essentials are
                      fuel, bait, and ice. For pleasure boats, gasoline
                      is by far the most common fuel, though the larger
                      cruisers may be equipped with diesel engines. Bait
                      for pleasure boaters and fishermen usually means
                      small quantities of sea worms, eels, sea clams, and
                      similar'baits plus a large assortment of artificial
                      lures and,baits. Big game sports fishermen, Vnich
                      usuall y means tuna ro,d-and-reelers in Massachusetts,
                      also need large bait such as squid, mackerel,
                      herring, or whiting by the hundred pound box, but
                      the demand for such bait is usually too spotty for,
                      a marina to justify stocking it in sufficient
                      quantities. Recreational boaters also need ice,
                      usually in ten pound bags of cubes or in similar
                      size blocks of ice for cooling refreshments and bait
                      or for ice boxes. Many marinas handle ice via coin
                      operated vending machines serviced and stocked by
                      an outside firm on a royalty basis..

                           Aside from these bare essentials, most marinas
                      also stock a wide range of other boating supplies
                      ranging from candy bars to waterski tow ropes to
                      navigational ch@arts,as well as a full line of fish-

                                            53

                        ing equipment such as rods and reels, tackle boxes,
                        etc. Quite frankly, however, many boaters look on
                        a marina as the supplier of last resort, on the
                        assumption that their prices are the highest,,and
                        attempt to purchase as many of such supplies as
                              le at non-marina sources such as sporting
                        possib
                        goods stores or hardware stores. Whether or not
                        this assumption is correct, it is a significant fac-
                        tor in the marina business.

                        d) Rentals and Charters

                             Not all harbor users or potential users own
                        their own boats or their own fishing gear and a full
                        service harbor will offer attractions to both owners
                        and non-owners. Boat liveries, where a small boat
                        can be rented by the hour or day, 'seem to be more
                        common on lakes or ponds than in harbors, but are
                        still found in many small harbors. Larger boats,
                        such as cabin cruisers, sports fishermen, or sailing
                        yachts are generally available for rent only by the
                        week and only after extensive reference checking to
                        assure that the renter is capable of handling such
                        a craft. Also, such craft are usually privately
                        owned and rented through brokers by owners wishing
                        to offset part of their boat owning expenses.

                             The more common form of charter is the daily or
                      ,"weekly charter of a boat with crew. Thereare
                        numerous charter boats operating in Massachusetts
                        harbors in-this manner and the usual market is the
                       .sports fisherman who goes after tuna for one to four
                        days at a time. (In such cases, the charter fee
                        does not include the right to keep the catch      it

                                               54

                      is sold as a vital part of thd income to the boat
                      owner/operator. The charter parties.who go for
                      smaller fish - blues, mackerel, bottom fish, etc.
                      can keep their catch if they wishj

                           Party boats or "head boats" are a growing
                      business in Massachusetts harbors and are extremely
                      important in the study area. A party boat is
                      generally a fairly large boat, say upwards of 50
                      feet long, and designed with lots of rail space to
                      accommodate rod and reel fishermen all along its
                      periphery. They operate on day or half-day trips
                      for a head fee'of $10-$15 per day including bait.
                      Most boats will also rent gear so that a would-be
                      angler needs only a lunch and the head fee and rod
                      rental to go deep sea fishing. Patrons of party
                      boats in the Newburyport/Salisbury area regularly
                      come from all over New England and -as far away as
                      the Midwest and are an important source of tourist
                      business in the area.

                      e) Navigational Aids and Security

                           All of the services we have been discussing
                      thus far.are commercial services provided by private
                      businesses (or clubs) for a fee, but the most impor-
                      tant services, affecting the Safety and security of
                      the boat and its occupants, are provided by public
                      bodies with no user fee involved. Navigational aids
                      such as buoys, lights, bells, horns, radar reflectors,
                      and the like are placed and maintained by the U. S.
                      Coast Guard. The Coast Guard is also responsible
                      for policing boating safety regulations and for
                      search and'rescue missions when boats and their occu-
                      pants become endangered by weather or accident.

                                           55

                         Channel maintenance itself, along with construction
                         and maintenance of breakwaters'or similar fixed
                         structures are the responsibility of the U. S. Army
                         Corps of Engineers and the manner in which the Corps
                         and the Coast Guard act together to maintainand
                         mark a harbor channel will be of critical importance
                         to the attractiveness of that channel to locals and
                         visitors alike...As we have noted, the form and
                         marking of the channel into Newburyport/Salisbury
                         is poor in,summer and terrible in winter and has
                         been a major factor in preventing the growth of
                         summer cruise business and winter commercial fish-
                         ing.

                              .Harbor secu'rity,.dealing with prevention of
                         theft and vandalism, placement of moorings and slips,
                         and prevention of reckless operation, is usually
                         the responsibility of the harbormaster or some other
                         hoider of local police powers.. Theft and vandalism
                         have,become an increasing problem in many harbors,
                         particularly in the case. of portable and valuable
                         equipment such as CB radios, and the policing needs
                         of small harbors may well be outdistancing the
                         ability of part-time harbormasters to supply them.
                         A harbor with a poor reputation in this area will,
                         of course, become less attractive to visitors.

                         f) The Harbor Community

                              Thus@far, we have been discussing only the
                         services available in the harbor itself, but to   non-
                         local boaters and other harbor users the character
                         of the adjacent community can be equally important.
                         In the first instance, each type of visitor will

                                                 56

                     be looking on some non-harbor services either as
                     essential or at least highly desirable. For example,.
                     trailer boaters on day trips would like to be able to
                     buy gas for their cars and food and other refresh-
                     ments for their boat trips. If they are on vacation,
                     they will look for inexpensive lodging near the
                     harbor or, increasingly, facilities for camping or
                     motor home parks. Users of party or charter boats
                     will look for similar services and areusually
                     especially interested in accomodations. Cruise boats
                     are generally not interested in accomodations but
                     would like a harbor that is conveniently located to
                     supermarkets 'liquor stores, and other shops. All
                     types of harbor users are in terested in restaurants
                     and entertainment possibilities as well. In all
                     cases, the harbor is more.attractive if these
                     various services are located relatively near to the
                     harbor and its boating facilities.

                          Beyond these rather basic services, however, a
                     community that is of interest to tourists independently
                     of its harbor will attract even more non-local harbor
                     users since their visits can combine boating with
                     sightseeing or shopping. This is.especially true
                     of the cruise trade since they will usually choose
                     their stop-overs primarily by the non-boating
                     attractions a given community offers. The cruise
                     trade is probably the more economically important
                     segment of the boating industry in a harbor in terms
                     of net'local income per boat so any harbor community
                     would be well advised to make the harbor as attrac-
                     tive as possible to visiting boats of this type.
                     In the study area, the Salisbury side offers very
                     little in this category since the Salisbury water-
                     front is rather remote from both the town center

                                           57

                        and the beach and amusement park part of the Town.
                        On the Newburyport side, however, themain partof
                        the waterfront area is located within easy walking
                        distance of the fully restored historic central
                        business district and offers both convenience and
                        tourist possibilities to visiting boats. By 1978,
                        the harbor will become even more attractive with
                        the completion of a landscaped waterfront park
                        contiguous to the central business district and
                        equipped withpublicly owned guest slips specifically
                        for visitors.

                                              58

                 111. 3 Harb or Facilities for Commercial Fishing

                      A small commercial fishing industry can survive in
                 what is. basically a recr6ati onal boating environment,
                 indeed that is exactly the case in the study area; but
                 to really thrive and grow it should have some special
                 facilities-in addition to those outlined above for
                 recreational interests. Some of these are rather easily
                 and inexpensively provided by the fishermen themselves
                 or the recreational marinas that service fishermen as a
                 sideline. Others, however, can involve substantial
                 investment and/or require significant institutional
                 structures to support or operate them.

                      We have pointed  out that the vast majority of
                 recreational power boats use gasoline as their fuel, the
                 only usual exceptions being large yachts and charter or
                 party boats. Among commercial fishermen, however, there
                 is a strong preference for diesel engines and therefore
                 a need for diesel fuel at the waterfront. Lacking a
                 regular supply of diesel fuel at the waterfront there
                 are, as with most of the special needs of commercial
                 fishermen, ways around the problem, but each involves
                -added expense or inconvenience or both. A diesel
                 commercial boat could, for example, fuel up at a harbor
                 other than its home port, but this can involve ex   tra'
                 steaming time. Alternatively, the fisherman can haul
                 his own fuel-to the waterfront in 55 gallon drums or can
                 sometimes arrange to have home heating oil delivered by
                 truck to his boat as an acceptable (and sometimes cheaper)
                 alternative to marine diesel oil. There are,   as we have
                 said, ways around this and other problems for commercial
                 fishermen, but each always involves a less than ideal ad
                 hoc arrangement.

                                             59

                       For some types of Commercial fishing, such as
                  lobstering, tuna fishing, and lohglining, bait of.a
                  different type or in larger quantities than used by
                  recreational fishermen is needed. For tuna fishing, for
                  example, both handliners and harpooners (the two common.
                  methods of commercial tuna fishing) use as much as one
                  to three hundred pounds per boat per day of fish such as
                  herring or whiting as chum bait. The usual alternatives
                  for obtaining this bait are to steam to a large port
                  such as Gloucester, to truck,.it from a large port, or to
                  purchase it at sea from a commercial trawler. The first
                  @two options involve added time and expense while the
                  third requires time and sometimes a bit of luck in find-
                  ing a trawler that has the right kind of fish'to sell.
                  The small trawlers that may share a harbor with the tuna
                  boats, (they may even be the same boats in the off season
                  for tuna) usually don't have enough of such fish to sell
                  in harbor and in any event haveno facilities to store
                  it in sufficient quantities to provide a stable supply.

                       Ice is another commodity which commercial1ishermen
                  need in greater quantities and different form than
                  recreational boats. While a recreational fisherman may,
                  need ten to fifty pounds of ice per day as cubes or
                  blocks, a commercial fishing boat will need hundreds or
                  even thousands of pounds of bulk crushed ice. As we have
                  found in the course of this study, the small harbors of
                  Massachusetts simply don't have the facilities to-supply
                  this vital commodity in the quantities needed by small
                  commercial fishing boats., The alternatives are to steam
                  to Gloucester or Boston for ice, to truck it in from-
                  the same two ports, to buy crushed block ice from
                  expensive sources dealing mainly in home use or restau-
                  rant and catering markets, or to use no ice or less ice

                                              60

                than actually needed to-preserve the catch. Again,. each
                solution to the ice problem involves expense, inconvenience,
                or both.

                     Perhaps the most important need for commercial fish-
                    activities is'a facility for unloading, weighing,
                sorting, and storing the catch. The facility could be a
                dedicated'unloading dock run by,a cooperative, a community,
                or a private commercial operator or it could be a marina
                dock that,is readily available to commercial fishermen.
                To properly serve its function in even a rudimentary-
                sense, however, the unloading facility should have suffi-
                cient dock space for the largest boat in the local fleet;
                dock area or apron for handling and sorting the catch;
                a crane for moving the catch from the boat to the dock
                and supplies vice-versa; minimal cold storage capability;
                and easy access to trucks. If,the dock is used for
                purposes other than commercial fishing operations, the
                commercial fishermen should have at least equal priority
                with the competing user and the use charges should be'
                reasonable even on days when fish prices are low. Scales,
                forklift or hand trucks, and storage area for fish boxes
                and related gear would also be needed in such a rudimen-
                tary facility.

                                           61

                CHAPTER IV: COMMERCIAL FISHING   IN SMALL HARBORS

                     Though the title and outline of the study   deal with
                the broad question of small harbor development, it has
                been the understanding of all connected with the study
                that the main impetus of the study should be a concern
                for commercial fishing in the small harbors of the
                Commonwealth. The enactment of the 200 Mile Resource
                Management Act was a major factor in the genesis of this
                project along with a general concern at both the State
                and local levels that the smaller fishing boats and the
                smaller harbors could get lost in the shuffle of the
                larger ports in reaping the benefits of the potential
                revitalization of the New England fishing business.

                     In order to place this business in   its proper
                perspective, the study team decided to briefly review
                the background of New England fishing and the methods
                it uses, both at sea and in port. Not coincidentally,
                this review of the industry will also highlight some of
                the shoreside facilities needed to support and nurture
                the industry in a small harbor.

                   IV..l flistorical Background

                        Massachusetts and New England  have a long and well-
                   ,documented tradition of the sea, and fishing has always
                   been an important part of New England life, whether for
                   sustenance, commerce, or recreation. Beard  1 gives
                   rather a graphic description of the degree to which
                   New England fishermen have pursued their trade and of
                   the,importance of fishing to the regional economy:

                             "Long before any colonies had been started,
                        English sailors had embarked on large-scale fishing
                        off the coasts of Newfoundland, and the early
                        explorers had excited English interest in this
                        business by glowing reports of haddock, cod,
                        mackerel, and whales in unlimited quantities in
                        the waters of that region. The Pilgrims at
                        Plymouth and the Puritans at Massachusetts Bay,
                        shortly after their arrival, began to build small
                        boats and send out fishing expeditions. In time
                        Boston, Salem, Marblehead, and a few other towns
                        became busy ports for the fishing industry-. and
                        all down the coast fishing became a source of
                        lucrative trading.

                             "Besides furnishing supplies to American
                        markets, fishermen cured and packed huge quantities
                        for export. But the English themselves were
                        extensively.engaged in this industry, and American
                        fishermen had to seek other than British.markets.
                        They found them pr incipally in France, Portugal,
                        Spain, and the West Indies. On the basis of this
                        exchange an immense business was built up.' The
                        fish shipped to Spain, for example, were exchanged
                        for citrus fruits and specie, and the specie was
                        used to pay for English manufactures. The fish
                        sent to the West Indies were traded for sugar and
                        specie; a part of the sugar went to the colonies
                        and another part, with the specie, went to England
                        to pay debts and buy manufactures.

                             "With particular doggedness the fishermen of
                        New England turned to whaling. At first they
                        concentrated their efforts largely -in the waters

                     C.A. Beard; M.R. Beard; "A Basic History of the United
                     States"; The Blakiston Company; Philadelphia; 1944.

                     of f Newfoundland, but in time they pushed their
                     enterprise all over the Atlantic, using the ports
                     .of New Bedford and Nantucket as their chief bases
                     of operation.

                          I'So extensive were their whaling voyages and
                     so daring were their undertakings that Edmund Burke,
                     when in 1775 he warned the British Parliament
                     against 'ill-considered' tampering with the strength
                     and independence of Americans, paused to give
                     dramatic picture of their whaling industry: 'Look
                     at the manner in which the people of New England
                     have of late carried on the whale fishery. Whilst
                     we follow them among the tumbling mountains of ice,
                     and behold them penetrating into the deepest
                     frozen recesses of Hudson's Bay and Davis's Straits,
                     whilst we are looking for them beneath the Artic
                     Circle, we hear that they have pierced into the
                     opposite region of polar cold, that they are at
                     the antipodes, and engaged under the frozen serpent
                     of the South       Nor is the equinoctial heat more
                                  to them, than the accumulated winter
                     of both the poles.

                          "'We know that whilst some of them draw the
                     line and strike the harpoon on the coast of Africa,
                     others.run the longitude, and pursue their gigantic
                     game along the coast of Brazil. No sea but what
                     is vexed by their fisheries. No,climate that is
                     not witness to their toils.  Neither the perser-
                     verance of Holland, nor the activity of France, nor
                     the dexterous and firm sagacity of English enter-
                     prise, ever carried this most perilous mode of
                     hard industry to the extent to which it has been
                     pushed by this recent people; a people who are still,
                     as it were, but in the gristle, and not yet hardened
                     into the bone of manhood.'"

               Captain John.Smith was among the first to actually exploit
               the New England fisheries and operated fishing fleets
               from Monhegan'Island in Maine during the summer months.
               By the seventeenth century, fishermen of the'colonies'
               were operating on a lay (share) basis which apportioned
               one third of the catch to the vessel, one third for the
               supplies, and the remaining third to the   crew. Variations
               on this same system survive to the present in both the
               smaller boats of the small harbors and the large draggers

                                           65

                  operating out of Boston, Gloucester, and New Bedford.
                  During this period, fish were generally caught by hand-
                  line, either from boats or the shore, or by weirs used
                  to trap near-shore schooling fish. The Plymouth Colony
                  operateda herring weir as early as 1641 and by the time
                  of the Revolution, herring were being caught all along
                  the coast from Newfoundland to North Carolina. Other
                  species. were also being taken during this same era,
                  notably mackerel, pollock, sturgeon, shad, bass, cod,
                  and clams.

                      In the early post-Revolutionary period, the Federal
                  government took the first of many steps to encourage and
                  protect the domestic commercial fishing Industry by
                  offering a bounty of five cents for each quintal (112
                  pounds) caugh t., Shortly thereafter the government also
                  took the first of many steps to protect domestic ship-
                  building with the passage of the Jones Act of 1790 which
                  required all documented fishing vessels operating out
                  of U. S. ports to be built in domestic boatyards or
                  shipyards. (The.Jones Act in amended form survives to
                  the present and requires, among other things, that all
                  vessels operating between U. S. ports be American-built
                  and American-crewed and owned.)

                       During the nineteenth century, significant advances.
                  in off-shore and near-shore,fishing techniques, such as
                  gillnetting and dory fishing, took place and contributed
                  to rather substantial increases in landings for some
                  species. For example, mackerel landings in New England
                  were averaging only 3,100 tons per year during the period
                  1804-1818, but averaged over 41,000 tons per year in sub-
                  sequent years through 1885. In the latter part of the
                  nineteenth century processing developments contributed
                  to the expansion of the New England fishing business,

                                             66

               sometime3 rather dramatically. The first sardine canning
               factory in Maine was not built until 1875 yet, within nine
               years, there were 45 successful sardine canning operations
               in that state. Prior to the development of canning,
               lobster was restricted to coastal markets and was not an
               especially valuable resource. (Legend has it that the
               early New England settlers used lobsters as fertilizer
               for some crops, a con cept that is rather hard to imagine
               in view of today's live lobster pricesl). As a canned
               product, however, inland markets,were reachable and by
               1889 the sail and hand powered lobster fleet of New
               England was landing some 30.5 million pounds per year,
               a rate not attained again until very recently, even though
               gasolineand diesel engines and mechanical-pot-haulers
               have been in use for several decades. The most signifi-
               cant change in fishing technology, however, was the onset
               of powered boats (steam) in the late 1800's since this
               permitted the development and use of trawling in its
               many forms, a much more efficient fishing method than
              .%the longlining and hanalining it replaced. Trawling of
               course is the mainstay of the groundfishing fleet of
               New England to,this day.

                                          67

                  IV., 2 Fishing Vessels and Gear

                       Thou h many readers of this report may already,have
                           9
                  some familiarity with New England and Massachusetts fish-
                  ing.methods, thestudy team felt that a brief overview
                  of the industry would be of some interest to those who
                  may become involved in small harbor development but who
                  do not have a fishing background.

                       The equipment used by a commercial fisherman in New
                  England can' be as simple as a rake and bucket (for soft-
                  shell clam digging) or as complex as a large (by U. S.
                  standards) stern trawler capable of sea voyages of up to
                  two weeks. At @ither@end of this spectrum, the equipment
                  tends to be rather specialized and used for only one or
                  a few fisheries or species. In the broad middle, however,
                  the equipment that is most common to Massachusetts small
                  harbors may be used in several quite different ways in
                  the course of the year   There is no formal classifica-
                  tion system for the different fishing methods, but the
                  following are fairly representative of what one might
                  find operating in or from a Massachusetts small harbor:

                       a) Digging

                            Soft shell clams  are dug from intertidal flats
                       in a number of harbor  areas of the Commonwealth and
                       could be dug in many other areas were it not for
                       pollution considerations. No boat is needed and the
                       capital investment is  essentially nil. Scallops,
                       sea clams, and oysters are also harvested by digging,
                       but a fishing boat equipped with appropriate
                       dredging equipment is required.

                                              68

                     b) Traps or Pots

                          A pot (also knownas trap) is in the most
                     general sense a rigid device that operates by luring
                     the species through a funnel type opening to get
                     to bait; once inside,the catch is unable to retreat
                     back through the funnel and remains in the pot.
                     Pot size, design, and material varies- between fish-
                   @eries and areas; however, the lobster pot is the
                     most common in New England andfor inshore lobster-
                     ing is usually made of wood. In addition to the
                     familiar lobster pot, similar types of traps are
                     sometimes used in New England to harvest crab, eel,
                     shrimp, and groundfish, usually on bottom that is
                     too rocky to be trawled. Lobster pots are set.
                     individually or on a mainline'with up,to 10 pots
                     per "string". In the waters of Marblehead and
                     Swampscott in Essex County and Gosnold in Dukes
                     County pots must be set individually. A,single
                     wooden pot usually costs $10-$15 , and an
                     individual fisherman can fish as many as 1000 pots
                     although the average is much less. The pots are
                     hauled every day or every other day in,the warmer
                     months, and less frequently during the winter when
                     the lobsters are less active.

                     C) Hook and Line

                          There are two major variations on commercial
                     hook and lining - handlining and tub trawling or
                     longlining.   Handlining involves a single ( or a
                     'few) baited hooks on a heavy (say k") line which
                   .is hauled in by hand when a strike occurs. It is
                     usually used only for large and valuable fish such
                     as bluefin tuna and may be accompanied by  "chumming"

                                           69

                        which consists of throwing pieces of bait fish over-.
                        board1n the vicinity of the baited hooks to attract
                        the large fish. Tub trawling is the local term for
                        long-lining which consists of trawling a long line
                        (on very large boats it may be several thousand feet
                        long) equipped with many short lengths of line
                        carrying baited hooks at intervals of a few feet.
                        The baited longTine itself is usually coiled in
                        tubs for ease of handling and hence the name "tub
                        trawling" is frequently applied to this type of fish-
                        ing. The longline can be set on the bottom or on
                        the surface depending on,the desired species and,
                        like the gill net, can be used on rough ground and
                        by smaller boats. In actual practice, the operation
                        of baiting, setting., and retrieving a longline with-
                        out tangling requires a fairly high level of skill
                        and hydraulic linehaulers are generally expensive.

                        d) Harpooning

                            Harpooning is obviously limited to very large
                        fish that surface feed, most notably the Atlantic
                        bluefin tuna. Usually the harpooner stands on.a
                        platform extending some six to fifteen feet forward
                        of the bow of the boat, the pulpit, and the boat is
                        maneuvered in such a way as to position him over the
                        fish so that.he can plate.or,throw the harpoon.
                        The harpoon itself is simply a spear with a detach-
                        able barbed tip, the dart, and is usually eight or
                        ten feet or longer depending on boat size and the
                        height of thepulpit above water. The dart is
                        attached to a line with one or more floats on it
                        and the fish is caught as it exhausts itself by
                        fighting the buoyancy of th e floats and/or the fisher-
                        man hauling on the line. Boats as small as sixteen

                                              70

                     foot outboards have been used as harpoon platforms,
                     as have draggers up to sixty feet or more.

                     e) 'Otter or Bottom Trawl

                          The bottom trawl is essentially a funnel made
                     of netting which catches and herds,the fish in its
                     path into a pocket at the end, called the "cod end".
                     In order to strain the largest amount of.water
                     through the net, "otter boards" or "trawl doors"
                     are attached to.the wings of'the-net and to the     tow-
                     ing cable of the trawler. The resistance of the
                     water to the forward motion of these boards, which'
                     are at an angle to the direction of the tow,"causes
                     them to pull in opposite directions and keep the
                     mouth of the net open. At the top of the forward
                     end of the net   floats are fitted to the "headrope"
                     to give it buoyancy, and at the bottom.of the forward
                     end chains and sometimes rollers are fitted t1o the
                     'Igroundline" to keep it in contact with the bottom
                     and reduce abrasion. The net is "shot" when the
                     vessel arrives at the fishing grounds and then towed,
                     usually at about 3-4 knots, for approximately two
                     hours until it is '.'hauled back". -The tow cable is
                     then winched in until'the cod end of    the net is over
                     the deck, at which  point a releasing   knot is  pulled
                     and the catch is dumped on deck or. into a sorting
                     bin. The net is then shot again and the entire
                     operation is repeated. The mesh size for various
                     types of nets is regulated @o try to reduce the catch
                     of juveniles, and since the net catches everything
                     in its path, the species with low or no commercial
                     value,  "trash fish", must be sorted out,and thrown
                     overboard.

                                             71

                                                                   A@n

                  Figure IV.2.1 Otter Trawl (reprinted from."A Guide to
                     Fishing Boats and Their Gear"; C.A. Blair and W.D.
                     Ansel; Cornell Maritime Press; Inc.; Cambridge,
                     Maryland; 1968)

                       f) Gill Netting

                            A *ill net  is'a stationary vertical net   that
                               9
                       is held in position  by weights at the bottom   and
                       corks or floats  at the top. The mesh material is
                       very light and  the mesh is sized so that   the fish
                       can pass only partly through the   net and  are caught
                       by the gills when  they attempt to back out.    Depend-
                       ing on the species being fished, the weights    and
                       .corks can be sized,to place@the net-at the bottom,
                       at mid-water, or near the water's surface. After
                       the net has been in position for several hours it
                       is winched.aboard the vessel and the fish are
                       removed and'sorted by hand. As with the otter trawl,

                                               72

                     the gill net is indiscriminate as to species but
                     is size specific. The gill net has an advantage
                     over trawl nets in that the net dimensions are
                     nearly independent of boat horsepower and size, but.
                     gill nets are expensive and, because of their light
                     construction, rather susceptible to damage.

                Figure IV.2.2 Gill Netting (reprinted from "A Guide    to
                   Fishing Boats and Their Gear")

                     g) Purse Seine

                          A purse seine is limited to schooling,fish at
                     or near the surface. The net is set in a   vertical
                     ring surrounding a school of fish. The net is kept
                     vertical by weights and floats and after  the school
                     is surrounded, a drawstring on the bottom of the

                                            73

                       net is tightened to "purse" the net and concentrate
                       the fish in a small area at the surface. The pursed
                       net-is@then drawn alongside the boat and the catch
                       is brought aboard for sorting and storage either by
                       means of a fish pump or by "brailing", scooping the
                       fish out of the pursed net with a small net on a
                       long pole. Purse seining is more species specific
                       than the other trawl or gill net; but requires both
                       speed and skill in setting the net, pursing it, and
                       bringing the catch aboard.

                                                    .2 rj

                  Figure IV.2.3  Purse Seine (reprinted from "A Guide to
                     Fishing Boats and Their Gear")

                                              74

                     Some commercial.fishing vessels of the type commonly
                in use in Massachusetts small harbors may shift among
                two or more of these methods during the course of the
                year, fishing for different species and possibly operating
                from different ports. An example of what a single boat
                might, do would be'to fish for bottom fish in the winter
                using an otter trawl or gill net; shift to lobstering
                using pots or scallops using a dredge later on in the
                winter; shift to longlining or tub trawling cod and had-
                dock in the spring and early summer; spend the summer
                after tuna on handline, by harpoon, or by rod and reel;
                harpoon swordfish in late summer and fall; and then com-
                plete the cycle by going back.to trawling for groundfish
                in winter again.

                     Based on his need for facilities, the location of
                the fish during a given season, and other factors, this
                same boat may at times operate out of his'home port, say
                Newburyport, and at other times may berth in Gloucester
                or even as far away as Provincetown.

                     The vessel in question is typically a wooden vessel
                of considerable age, though newer vessels are more often
                built of fiberglass reinforced plastic or metal. Steel
                .is the usual hull metal though some West Coast and Gulf
                Coast boats have been built of aluminum, which is much
                more expensive to build but easier to maintain. The
                newest boat.hull material, ferro-cement, has not yet been
                used in fishing.boat construction.

                     A study of commercial fishing   vessels in the state.
                of Maine has shown that the average age of  documented
                vessels with a length greater than 70 feet  was 33 years
                and for vessels with a length less than 70  feet was 22.5
                years. While these figures are not necessarily identical

                                           75

                  in Massachusetts, they are a good indication of the
                  situation here. A tour of the Newburyport/Salisbury
                  harbor or any other-small harbor will usually show the
                  fleet to be old and small. Very few new boats enter the
                  fleet, though the 135 footers operating out of Boston
                  are a notable exception; rather,"new" fishing vessels
                  are frequently conversions of old boats that were former-
                  ly in some other service such as pleasure cruisers, yachts,
                  party boats, ferries, offshore work boats, or even, in.
                  one instance, a military landing craft. The few new
                  boats added to the fleet have been in the 45-70 foot
                  range (plus the large Boston boats) and are either custom
                  built in local yacht yards or, with increasing frequency,
                  are semi-stock vessels built along the Gulf Coast.

                       In the smaller harbors of Massachusetts, the commer-
                  cial fishing vessels are generally in the 30 to 70 foot
                  range, with the smaller sizes predominating. Because of
                  this, the small harbor fleet generally operates in the
                  near shore fisheries', less than four or five hours steam-
                  ing time from home port, on day trips or.an occasional
                  two-day trip. The larger vessels operating out of the
                  three major ports, by contrast, may be out for as long
                  as 10-14 days at a time. This is an important difference
                  between the two fleets, even though there is some over-
                  lap in fishing pattern between the "large" boats and
                  "small" boats. La  .rger boats have a lower unit cost struc-
                  ture and are less constrained by weather and able to
                  spend a much greater percentage of time on station, i.e.
                  fishing. The smaller boats have a higher unit cost struc-
                  ture but  can, through proper marketing, offset this some-
                  what by getting higher prices for their fresher catch.
                  The operative word here is "can" and in reality few of
                  the small boatshave taken full advantage of their short
                  trips and fresher catch.

                                              76

                IV. 3 Species  Fished

                     The species fished by commercial and recreational
                -fishermen in New England are numerous and include   blue-
                fish, butterfish, eel, flounder (blackback, dab, fluke,
                grey, sole, yellowtail), cod, cusk, haddock, halibut,,
                pollock, red hake, whiting, menhaden, seaherring, blue-
                fin tuna, mackerel, porgie, sea bass, swordfish, wrasses,
                ocean perch, monkfish, wolffish, ocean pout, shrimp,
                soft-shell clams, surf clams, ocean and bay quahaugs,
                ocean and bay scallops, crabs (blue, red, green, rock,
                and Jonah), lobster, oyster, and squid. Some of these
                species have a highly seasonal component (such as bluefin
                tuna, swordfish, shrimp and whit ing) while others are
                available in commercial quantities throughout the year.
                Many of these species have only a limited domestic
                market and are taken mainly as incidental catch or.are.
                even treated,as "trash fish", to be sorted from the desired
                catch and th rown overboard. Squid is an example of a
                species that has a very limited market, mainly among
                Mediterranean ethnic groups, but,beyond that has,no value.

                     Other species are always considered trash and a consider-
                able nuisance to boot. Dogfish is a type of small shark and
                is quite numerous in New England waters during the summer
                and fall. Though not deadly by any means, they can give
                a nasty bite and are difficult to remove from nets or from
                longline hooks. They have no domestic commercial value
                and are considered an extreme nuisance yet this species is
                actively fished in Europe and has a fairly high price.
                For'example, Denmark exported over 1.2 million poun  ds of
                fresh greyfish (dogfish) to West Germany in 1973 at an
                average price of $1.33/pound. In the same year West
                Germany imported nearly 5 million pounds of frozen grey-
                fish at an average price of $0.40/pound - including a

                                            77

                  trial shipment from the U. S. of 24,000 -pounds at
                  $0. 51/pound.

                       New England fishermen in general and small boat@
                  fishermen.in particular tend to favor the high valued
                  species that are most popular among,American consumers
                  and thus command the highest prices. Typical of this
                  group are cod, haddock, flounder, lobster, tuna (excep-
                  tional in that it is a very high valued fish with pre-
                  dominantly foreign rather than domestic market), sword-
                  fish,scallops, and soft shell clams. The processing
                  sequence for these species varies widely. The simplest
                  of course is forlobster and clams which are sold live
                  to the consumer, though most Massachusetts clams now
                  require some treatment in the form of depuration which
                  is discussed in.some detail in Volume II of this report.
                  Groundfish'require a much more complex processing sequence
                 .that begins on board the boat where the fish are gutted
                  (entrails removed) and usually sorted by species and
                  iced or otherwise cooled. Again we note.that some small
                  boat operators on short day trips sometimes forego icing
                  in the,cold months. When the boat returns to port the
                  fish is sold either at auction or via broker and then
                  becomes the property of a processor.

                       The processor has several options available to him
                  and, depending on market conditions, can sell the fish
                  as fresh whole fish,.fresh fillets or steaks, frozen
                  fillets or steaks, or can freeze the fillets as fish
                  blocks. Frozen fish block is a relatively recent commo-
                  dity in the past twenty to thirty years and it has drama-
                  tically changed the nature of the fish business, both
                  expanding.the market for fish and introducing significant
                  foreign competition in domestic markets. Frozen fish

                                              78

               block is a compressed block of fish meat, of similar
               color and texture but not necessarily.a single species,
               that is cut into individual portions or sticks. The
               portions.or sticks may be breaded or unbreaded, cooked
               or uncooked, and are sold either as a frozen retail
               product or through fast food outlets. Plants that
               process fish block can take as input either domestically
               landed fish, fish landed in Canada and shipped here by
               truck or rail, or fish blocks from other countries sent
               here by ship. It is ironic that fish can be caught a
               few miles offshore by a foreign vessel in competition
               with New England boats, processed on board, carried back
               to.the vessel's home country, and then shipped back to
               the U. S. as imported fish which competes again with the
              .domestic fishermen in the retail market. During 1976,
               total U. S. imports of*groundfish exceeded 600.million
               pounds of which some 7.2 million'pounds were imported
               from Canada as fresh rather than frozen fish.

                    Atlantic bluefin tuna is an interesting contrast to
               the groundfish industry. The vast majority of the
               American catch of this fish is landed in New England
               ports and, in fact, most of that is landed in Gloucester
               and Newburyport. Roughly  half of the landings are by
               harpoon and handline for strictly commercial purposes
               and half by rod and reel  by sports fishermen who sell
               their catch to.the same market as the commercial fishermen.
               There is a very limited  domestic market for these fish
               but a very stIrong market-in Japan where the fish is consi-
               dered a delicacy and consumed as sashimi (raw fish).
               Tuna are landed whole and gutted and headed at the dock.
               They are then packed in ice in airfreight containers,
               trucked to New York, and flown to Tokyo where the meat
               can command up to $10 per pound. It's an expensive process,

                                          79

                 but the net back to local fishermen can still be as high
                 as $2 per pound or more, ex-vessel.

                                             80

                IV. 4 MarketingandFisherman Income

                     Fishing prices at the ex-vessel, wholesale, and
                retail levels are volatile on a monthly and daily basis.
                Figure IV.4.1 shows,recent ex-vessel prices (what the
                vessel receives for its catch) and retail prices on a.
                monthly basis for cod, and New England landings for
                this species. On a daily basis, price fluctuation can
                be extreme, as indicated by Figure IV.4.2 which shows
                landings and ex-vessel prices during January and Feb-
                ruary of 1977.

                     The daily unit price to be paid for various species
                is determined at auctions held in Boston and New Bedford.
                These prices are compiled by the National Marine Fisheries
                Service and are available by telephone and are published
                in the Market News Report, called in New England "the
                Blue Sheet". Processors at ports other than Boston and
                New Bedford establish a price differential for their
                particular ports; for example the Gloucester price tends
                to be about $0.03/pound below the Boston price, but the
                Blue-Sheet price is not an absolute figure and there may
                be some differences in price among processors or buyers
                within any given port. Once the catch.i� sold to the
                buyer, the income is divided between the vessel owner
                and the crew. A "lay" system is usually used with the
                details of the "lay" varying from port to port and boat
                to boat. One in fairly common use is the "broken 40"
                lay, the details of-which are: the Gross Stock is
                calculated by multiplying the ex-vessel price for each
                species by the poundage landed and then summing for all
                species. From the Gross Stock the costs of fuel, ice,
                welfare fund (if any), bonus for mate and engineer, and
                lumpers (unloading) are deducted to give the Net Stock.
                The Gross Crew Share is equal to 60% of the Net Stock

                                           81

                                                                       FIGURE IV.4.1

                                                    Monthly Unit Prices and Landings, Fresh Cod In New England
                                                       (Date from NMFS "Food Fish Market Review andOutlook";
                                                          Current Economic Analysis F-25; December, 1976)
                                  3.00    Unit Price, $/Ib.
                                          and Monthly Landings
                                          In Millions of lbs.

                                                                                                                       Price for Fresh Fillets

                                  2.00                                                                            New England Landings

                                  1.00                               It

                                                                                                                    Ex-Vessel Price

                                                       . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
                                          F M A I J J A S 0        D J F M A M J J A     S 0 M 0  1 F M A M i J     A S 0 N D J
                                        1974                          1975                         1976

                                                                                    82

                                                                 FIGURE IV.4.2

                                                             Market News Reports Weekly Summary, Fresh Fish

                                                                      Boston Price -Medium Cod

                                    .75- Ex-Vessel Price, $/lb.

                                                                   Max Variation- -33%/day

                                   .50

                                     .25-

                                    0
                                         Landings, 1,000 lbs.

                                      60-

                                                                      Gloucester Landings -'All Cod

                                    4o

                                      20-

                                        M 7' W T F M T W T F M T W T F M T W T F M T W T F M T W T F M T W T F
                                                                     X Vr

                                                                                  83

                   and from the Gross Crew Share is taken the cost of grocer-
                   ies and cook (if any) to give the Net Crew Share which
                   is then divided equally among the crew (including the
                   captain). The remaining 40% of the Net Stock goes to
                   the vessel owner who must pay for various expenses.    Table
                   IV.4.1 gives a typical distribution for New England
                   vessels. It should be noted that the terms "Highliner"
                   .and "Lowliner" refer to the highest and lowest earning
                   vessels within a given port. The term "broken" is used
                   to refer to a pre-arrangod minimum payment to the crew
                   in.the event a, trip is completely unsuccessful or termi-
                   nated because of mechanical failure or some.other reason
                   (so-called broken trip).

                        Though young people do become fishermen, it is clear
                   that the majority are older and more experienced and have
                   come to fishing through family or ethnic connections. In
                   1972, for example, it was estimated that the average age
                   of fishermen in New Bedford was 48, in Stonington.42, and
                   in Point Judith 42, while the'average age of.captains of
                   fishing vessels was 45 in Stanington, 42 in Paint Judith,
                   and 49 in Newport. In both Boston and New Bedford the
                   .average fisherman had attained less than a high school
                   education. This,is not-dissimilar from the results of   a
                   study of commercial fishermen in Oregon, (1), where for
                   the captain spending 85 or more days per year fishing,
                   the age ranged from 45 to 55, years of@education from 10
                   to 12, family size from 2.9 to 3.4 and total fishing exper-
                   ience from 16 to 24 years. It is also interesting to note
                   that of this Oregon group 27% live at an average distance
                   of 15 miles from their home port while the remaining 73%
                   live in their home port.

                   (1)  D. Lias and J. Stevens;   "Oregon's Commercial Fisherman
                        Characteristics, Profits, and Income in 1972"; Oregon
                        State University Sea Grant Program; July 1975.

                                              84

                                        Table IV.4.1

              DISTRIBUTION OF TOTAL STOCK AVERAGES FOR 28,N.E.:TRAI-IL-ERS

                      Expenses                Lowliner     Highliner      Average
              1.   Trip Expenses.               21.2%         14.5%        17.9%
              2.   Net.Crew Share               46.5%         47.4%        46.9%
              3.   Captain's Commission          3.3%          3.8%         3.6%
              4.   Maintenance &   Repair        8.0%          7.0%.        7.5%
              5.   Insurance                     6.7%          5.3%         6.0%
              6.   Payroll Taxes                 1.7%          2.3%         2.0%
              7.   Miscellaneous                 3.0%          2.1%         2.5%

              8.   Interes't                     1.5%          1.3%         1.4%

              9.   Depreciation                                4.8%         6.3%
              10.  Gear & Supplies               5.1%          5.2%         5.1%

                     Total  Receipts           $87,272        $861,366    $86,819

                     Annual Income per
                       Crewman                   6,998         8,900        7,830

                     Profit before taxes        -4,188         51605           708

              Source: "C. Hamlin and J.R. Ordway; "The         Commercial
                       Fisheries.of Maine"; Maine Sea Grant Bulletin.No.           5;
                       Marine Advisory Service, NOAA Office of Sea Grant;
                       Washington; 1974.

                                                 85

                      The real and projected earnings (in constant dollars)
                 and employment in the categories of forestry and fisheries
                 for the Bureau of Economic Affairs Region 004 (New Hampshire,
                 Eastern Massachusetts and Rhode Island) are shown in Figure
                 IV.4.3. These projections were made in 1967 and showed a
                 fairly bleak outlook for both employment and income in
                 these regional industries. According to this 10-year old
                 projection, the employment level of 1953 would not be
                 reached again until sometime well after the year 2000.
                 A@ with any projection of this type, unforseen factors
                 can throw them way off, and the *enactment of the 200-mile
                 limit may well have had that effect in the,case.at hand.
                 Nonetheless, it is interesting to see these projections
                 as an admittedly qualitative indication of where the
                 industry has been headed. Whether that perceived trend
                 continues or will be reversed by the 200-mile limit will
                 be a matter of some study both at regional levels and at
                 the Federal level.

                                           86

                                                                           FIGURE IV.4.3

                                                                Real and Projected Earnings (in constant 1967 dollars)
                                                             and Employment In Forestry and Fisheries, BEA Region 004

                                100,000    Earnings   1,000's of 1967S
                                           and lOx Employment

                                                                                                                                    A Earnings

                                80'DOO -

                                                                                                                                        Employment
                                60,000-                                                          -------

                                40,000 - k

                                20,000 -

                                                                                             r
                                        1950        196o       t 19'70        1980         1990         2000         2010          2020

                                                            Year of Projection

                                                                                    87

                  IV. 5 Treaties and Quotas

                      Although the term harvesting is applied to marine
                  resources, a major difference between land and sea harves-
                  ting is that the resources of the latter are of a common
                  property nature. Without title to a specific portion of
                  the resource the individual fisherman has little incen-
                  tive to practice specific conservation and-stock manage-
                  ment. This duty has been undertaken by international
                  agreements and national and state regulations. Until
                  recently the United States was a member of the International
                  Convention for the Northwest Atlantic Fisheries, (ICNAF).
                  Formed in 1951, the Convention set quotas for various
                  species and allocated these allowable catches among the
                  member nations; for example in 1972 the quotas set for
                  cod were: 20,650 tons to U. S. fishermen, 22,500 tons
                  to Canadian fisheries; and 52,500 tons to other countries.
                  The enforcement of these quotas was voluntary for the
                  most part.

                      The signing into law of the Fishery Conservation and
                  Management Actof 1976 made United States participation
                  in ICNAF virtually impossible and in December of 1976 the
                  U.S. withdrew.. The Fishing Conservation and Management
                  Act of 1976, also known as the Studds-Magneson Act or
                  200 Mile Act, provided for the creation of regional
                  councils which will manage the fisheries of adjacent
                  waters. The New England Region Preliminary Fishing
                  Management Plan (PFMP) has been completed, and the PFMP
                  quotas are shown with the-1975 landings and the old ICNAF
                  quotas in Table IV.5.1.

                                            88

                                       Table IV-5.1

                                            Quotas
                                    (millions of pounds)

                                    U.S.                               Foreign

                                                 Quotas                     Quotas
                                   1975      New*    Old         1975     New* Old
                 Species         Landings    PFMP    ICNAF    Landings    PFMP ICNAF

                 Squid-illex       0.1       11.5    11.5        13.1     23.5 23.5
                      -lologio     1.6       25.0    25.0        31.0     19.0 19.0
                 Mackerel          7.6       19.0      4.7       277.2    69.0   249.3
                 Herring          36.6       18.0    18.0        144.6    22.0   48.6-1
                 Hake-Silver      12.9       29.P    29.0'       91.7     85.5   85.5
                     -Red          2.1         9.1     9.1.      26.2     34.9   34.9
                 Other Finfish    55.1       197.0   63.0        40.2     60.0   87.0
                 Haddock          16.2         6.2     4.5        NA        0.0   1.5.
                 Cod              55.9       37.3    27.8         NA        0.0  15.2
                 Yellowtail       14.5       14.0      NA         NA        0.0   NA

                 *Proposed

                                                 89

                  As can be seen, the allowable catch for foreign nationals
                  of haddock, cod, and yellowtail flounder have been
                  eliminated under the new management plan and severe
                  restrictions have been imposed in the case of mackerel
                  and herring. Additionally, the management plan recognizes
                  the importance of the recreational catch for which sepa-
                  rate quotas (included in the above totals) have been set.
                  The Management Council recognized the difficulty in track-
                  ing catch levels and, when quotas are reached, of enfor-
                 .cing a limit on,recreational fishing, but hopes to solve
                  this problem in the near future. Nonetheless, the passage
                  into law of the Conservation and Management Act on I Match
                  1977 marked a change in jurisdictional control of one,of
                  the world's richest groundfish areas, the Georges Bank.
                  It also.marks a milestone in'the life of the New England
                  fishing industry and the many small harbors of Massachu-
                  setts. It can be a major turning point for the industry
                  and amajor factor in revitalizing our small harbors.

                       Though,the 200-mile limit law ended U.S. participa-
                  tion in ICNAF, our membership in the International Conven-
                  tion for the Conservation of Atlantic Tuna (ICCAT) remains
                 .in force'and this*'convention is of great interest to New
                  England fishermen@in general and Massachusetts small boat
                  fishermen in particular. Until the opening of the Japan
                  expo rt market this.species was primarily of interest to
                  recreational fishermen but now has significant importance
                  to small boat commercial fishermen. Along with other
                  migratory species, however, it is excluded from the 200-
                  mile limit and the quota is set internationally by ICCAT
                  and administered domestically by NMFS (the National
                  Marine Fisheries Service). In 1977 the U.S. quota is
                  set at 1850 fish for harpooners, anglers, and handliners.
                  In addition' there is a bag limit of one fish per boat
                  per day through August 14 and seven fish per boat per

                                             90

                 week thereafter until the quota is reached. Because of
                 the exceptional income potential from tuna and disagree-
                 ment among biologist's as to the size of the stock and
                 the life cycle. of the fish, this quota has been and
                 probably will continue to be a source of great controversy.

                      Basically, the National Marine Fisheries Service
                 and ICCAT have set the quota on the basis of a total fish
                 population that has been estimated by means of a computer
                 model of tuna life cycle. It depends heavily on the age
                 distribution of fish that have been caught and the opponents
                 of this analytical method, primarily representatives of
                 the commercial interests, tend to claim that the method
                 underestimates the total fish population because of both
                 insufficient,input data and faulty assumptions in the
                 model itself, and that the resulting quotas are too low
                 and do not permit American fishermen to take full advan-
                 tage of a valuable resource. Proponents of the method
                 include both-NMFS and ICCAT and several sport fishing
                 groups such as the International Game Fish Association,
                 and their tendency is to claim that tuna is being over-
                 fished to the point where it may become an endangered species
                 and that the quota should be reduced even further.

                      The consultant is in no position to endorse either
                 poi nt of view.nor to take an advocacy position in any of
                 the related sport versus commercial tuna fishing questions.
                 Nonetheless, the current quota system for tuna highlights
                 several questions that are or will become germane to other
                 fisheries as well. 'Perhaps the most striking is the
                 question of a common pool resource and the manner in which
                 this characteristic of the resource affects its utilization.

                 Each fisherman knows that there are 1850 fish out there
                 that someone is going to catch. He knows with near certain-
                 ty that those fish will be caught, i.e., the quota will be

                                            91

                  reached, well before the natural migratory pattern of
                  the fish takes them away from our shores. He also knows
                  with near certainty that the value of the fish, price
                  per pound, will increase as the season goes on, partly
                  because of the artificial supply restriction imposed by
                  the quota and partly because the fish i's much more desi-
                  rable in the Japanese sashimi market in the latter part
                  of the summer when the fat content is higher. Due mainly
                  to this latter point, the ex-vessel price of fish will
                  be near zero (less than $0.30 per pound) in late June
                  and early to mid-July and rise to over one dollar per
                  pound and, in some years, two'dollars per pound in August.
                  Thus to maximize national and regional income and the
                  aggregate income of all tuna fishermen, it is clear that
                  fish should not be taken until August. Unfortunately,
                  each fisherman has his own interests in mind and, not
                  surprisingly, he would rather take a fish for $100 in
                  June than let someone else take it for $1000 in August
                  or September. Each fisherman further knows that even if
                  he practices restraint early in the season, he has no
                  assurance that others will do the same. In fact, he is
                  fairly sure they won't and he's worried that they may
                  reach the quota before he decides to enter the market.
                  The net result is that everyone fishes merrily away
                  regardless of price so long as it is sufficient to return
                  a small profit over cost of fuel and bait.

                       Though the above speaks in terms of price alone and
                  therefore seems to refer only to straight commercial
                  fishermen, the same also applie's to so-called sports
                  fishermen as well. Sports tuna fishermen may restrict
                  themselves to approved (by the rules of the tournament
                  they are in or the orIganization they belong to) equipment
                  and methods, nonetheless any'fish they boat will end up

                                             92

                 in exactly   the  same-market as   the   "commercial"    fish..
                 Both  owner-fishermen and charter boat operators          count  on
                 this  income  to  partially offset their expenses.        Under
                 the present   quota system, a rod-and-reeler may.do even
                 more-non-,economi.c  fishing than a commercial       harpooner
                 or handliner since heis       primarily interested. in    the
                 sport  of fishing and    can  thus justify, to himself, fish-
                 ing when    the market value   of fish is zero.      Nonetheless,
                 a fish that   is  caught for   purposes of a record or.tourna-
                 ment prize   is just*as surely removed from the stock and
                 the quotas   as  one that  is  caught for a small    profit.

                       The current   quota  system recognizes this to a point
                 and also attempts to give sports fishermen and commercials
                 alike a full season of     three months. In the case of
                 sports fishermen this,is important to the income of the
                 Commonwealth 'as a whole and to the communities that host
                 the many out-of-state     boats  that come here for all or
                 part  of-the'season either individually'      or as,-part of.
                 tournaments.     To contihue'to   attract    these boats and the
                 many  charter  boat' 'customers as'well,     there mustbe    at
                 least a chance of    @Eight'ing and landing   a@fish. A    straight
                 numerical quota'for     the' season would    amost surely   result
                 in allof the     fish"-being  caught early in the season, to
                 the detriment    of both the full commercial interests and
                 the sport interests. The       one fish per   day bag limit
                 during June, July, and     early August makes     an attempt to.
                 spread the quota over     the.season, but it     is the opinion
                 of the consultant that     this  attempt is inadequate.to the
                .problem at hand.

                       There are   many possible    approaches-to   the  problem,
                 but many' of the'  more  novel approaches and     potentially
                 most effective'   in terms of   resource management    would tend
                 to exacerbate    the existing   controversies   even  more.    It

                  is the opinion of this consultant, however, that a simple
                  change from the present seasonal quota to a series of..
                  monthly quotas'would he in the best interests of both
                  the purely commercial fishermen. and of the sport or
                  .recreational fishermen as well. 'A quota of, for example,
                  10% of the total in June, 25% in July, 40% in August,
                  and 25% in September would serve to stabilize and maxi-
                  Mize the.price for commercial interests and still main-
                  tain a,full season for the sports interests. A part of'
                  this new system it would be also reasonable to add
                  unused quotas to subsequent months and to modify the
                  current weekly bag limit so that a boat could take no
                  more than two or three of the seven fish on the same
                  day. This new quota system  admittedly does not speak
                  to the controversy of what is the biologically deter-
                  mined maximum sustainable yield per seaso n, but at
                  least it would better allocate the seasonal quota of
                  whatever level in the best interests of all concerned..

                                              94

                CHAPTER V:   SMALL HARBOR DEVELOPMENT POSSIBILITIES

                V-1   Harbor Development Interest Groups

                    Any development, whether an entirely new small har-
                bor or just a.half-dozen new houses, will offer benefits
                to some person,or persons in the community and may in-
                volve disbenefits for someone else, though the dis-
                benefits may be slight or so diffuse that they are not
                obvious. In a housing,development, the beneficiaries
                are usually clear and well defined - the landowner, the'
                developer!investor, the new owners or tenants, and pos-
                sibly the municipality itself via increased tax revenues.
                Those who may be negatively impacted are also fairly
                well defined along with their possible disbenefits -
                abutters may be concerned about a lost or changed view,
                increased.parking problems, or just a fear that neighbor-
                hood property values will be adversely affected; and the
                municipality itself may be negatively impacted by the
                need for increased services such as schools, sewers, side-
                walks, or street lighting.

                     In a harbor development, however, the possible bene-
                ficiaries are much more numerous and their connection to
                the harbor may be much more tenuous. The same is also
                true of those who-might be negatively impacted by a har-
                bor development scheme. Those public officials charged
                with evaluating a proposed or potential harbor develop-
                ment will usually have to deal with a broad spectrum of
                both proponents and opponents, whether the development is
                entirely privately funded or is partially or fully@funded
                from public sources. The prospects for ultimate imple-
                mentation of a harbor development project in a small har-
                bor will be greatly improved if the benefits and dis-
                benefits of the project are carefully and fully reviewed
                early in the planning process.

                                          95

                       Before examining this question for the model.harbor
                  and other typical Massachusetts harbors, there are a few
                  general points to be made. It has been and continues to
                  be our assumption that we are talking about development
                  of or improvements to an existing harbor of some sort
                  and are not concerned with the creation of  an entirely
                  new harbor. Massachusetts already has a well developed
                  coastline., and it is simply not realistic to consider
                  the creation of a new harbor on a "green field" site
                  here. The largest development one might conceive in a
                  Massachusetts harbor would be the establishment of a
                  new marina or marina complex, but within the overall
                  bounds of an existing natural or manmade harbor.

                       In the vast majority of cases, improvements to a
                  channel or to the marking of a channel fall in the pub-
                  lie domain. There are few cases where private ownership
                  or responsibility extends beyond the low tide mark.
                  (Some local authorities recognize private ownership  of
                  riverfront land to the midriver municipal boundary,  but
                  it appears that this may be in conflict with both state
                  and federal conventions.) On the shore, however, owner-
                  ship and responsibility can be either public or private
                  or a mixture of the two. Likewise, investments and the
                  decision to invest can follow a similar mixed pattern.
                  Note that we are talking here of ownership or investment
                  participation by public bodies and not simply regulatory
                  intervention. Because of this possibility of public
                  body participation in shoreside facilities, there is
                  the possibility of the public agencies assisting private
                  interests in some instances or being in direct economic
                  competition with them in others. Because of this, it
                  is clear that a given physical development plan could
                  have quite a range of benefit/disbenefit patterns, de-
                  pending on the degree and manner of public participation.

                                             96

                     It is difficult if not impossible to list  all po-
               tential beneficiaries of harbor development,or   those who
               might be detrimentally affected, but based on our dis-.
               cussions thus far it is possible to list those most like-
               ly to be affected and the types of developments that
               would affect them most for good or bad.

                     a) Commercial Fishermen

                         Almost any waterfront development will have some
                     effect on commercial fishermen. Channel and naviga-
                     tional aids and other general boating services are
                     perhaps more important to commercial fishermen than
                     to any other group of harbor users, but there are
                     also sever7al-other possible developments we have dis-
                     cussed that would be of direct interest and impor-
                     tance only to this group. We speak here of course
                     of such facilities as unloading docks, cold storage,
                     ice supplies, and'so on. In-this particular dis-
                     cussion we@would include all offshore commercial
                     fishermen in the same interest group, whether they
                     fish seasonally or year-round, for finfish or off-
                     shore shellfish, and with whatever gear/vessel com-
                     bination.

                     b) Clam  and Mussel Harvesters

                         We  separate clam and mussel harvesters from
                     other commercial fishermen (including offshore.shell-
                     fishermen) for two reasons. In the first place, they
                     are likely to be pursuing their commercial activities
                     within the confines of a harbor rather than just
                     using theharbor as an operational base. Secondly,
                     clam and mussel harvesters are directly affected by
                     the water quality in the harbor since a moderately
                     poor water quality can increase their costs through
                     the requirIed'depuration. A grossly poor water

                                           97

                      quality can even put them out,of business as, has
                      happened in the study area. (As a final note about
                      this group, we have used the term "harvesters" ad-
                      visedly,here, while still holding that the same
                      term is inappropriate to offshore fishing which is
                      more. "hunting" than "harves' ting.

                      c) Party and Charter Boat Operators

                           This interest group is perhaps the conceptual
                      bridge between offshore commercial fishermen and
                      recreational boaters. In some cases a commercial
                      boat will spend part of its time operating on char-
                      ter or as a head boat, and even full time charter
                      or party boats seek the same species on the same
                      fishing grounds as the commercial boats. Shoreside,
                      a party or charter boat doesn't need the same faciii-
                      ties.as a commercial boat but rather facility needs
                      are more similar to recreational boats. Charter and
                      party boats deal with large numbers of people, so
                      the convenience and attractiveness of the waterfront
                      and the adjacent community are quite important. In
                      fact, the interests of this group and full time com-
                      mercial fishermen are sometimes in conflict in this
                      regard.

                      d) Marinas

                           The term "marina" is used in its broadest sense

                      here and includes both the full service marina com-
                      plete with slips, moorings, fuel, restaurants, bait
                      shop, marine hardware stores, and so on and.a more
                      limited marina which may consist of as little as a
                      boat ramp, parking lot, and bait shop. Though there
                      may be conflicts of interests among marinas, the
                      more likely conflict will be between private marinas
                      and public facilities such as a boat ramp or public

                                             98

                    ,guest slips. The area where private marinas and
                    public agencies are most likely to be complementary
                    is the case where a public body builds a shoreside
                    facility and then sells or leases it to a private
                    operator or where a public agency creates a navi-
                    gable area of water in a previously shallow or un-
                    stable area and then the adjacent private land be-
                    comes suitablefor private marine development.

                    e) Bait, Tackle and Marine Hardware Stores

                         This interest group contains all of the marine
                    oriented shops that are near the waterfront but
                    have no marina facilities. This interest group is
                    the least likely to be in conflict with other
                    groups so long as the other groups do notadvocate
                    restraint of harbor use. Any increase in harbor
                    use is good for this group. Contrast this with the
                    marina group which would be opposed to increased
                    use if the facilities are in public hands.

                    f) Recreational Fishermen

                         The recreational fishermen share many interests
                    with commercial fishermen,-and in a few instances
                    their interests are identical, tuna fishing being
                    the best example. The only areas of potential con-
                    flict onshore are in berthing, where a recreational
                    boat would perhaps prefer not to share a berthing
                    area with a commercial boat for aesthetic reasons.

                    The main area of conflict for recreational fisher-
                    men, and this really-applies-to 'all boat owners, is
                    with the marinas. Boat owners would prefer to see
                    a proliferation of marina facilities in order to
                    force down the price of the services they need.
                    Free or very low fee public facilities are ideal
                    from the boat owners point of view and disastrous

                                          99

                       to the marinas.

                      .g) Rec'reational-Boaters' and Sailors

                            This group has been separated from recreation-
                       al fishermen mainly because their interest in the
                       harbor is Iikely to be more aesthetic than the fish-
                       ermen and more concerned with water quality in the
                       harbor. Non-fishing powerboaters are especially
                       concerned since their activities are likely to in-
                       clude swimming, waterskiing, or diving. Sailors
                       are likely to have as strong an interest in channel
                       maintenance and marking as commercial boats because@
                       of their keels, and they also have a great concern
                       for bridges or any other channel constraints because
                       of their masts and their relatively limited maneu-
                       verability.

                       h) Waterfront Restaurants and,Bars

                            Waterfront eating and drinking'establishments,
                       whether they stand alone or are a part of a marina,
                       depend heavily on the atmosphere of the harbor for
                       much of their business. Though they undoubtedly
                       draw business from the harbor user community, it is
                       our subjective view that their main business is non-
                       users who are drawn to the harbor by the general
                       ambiance and the picturesque vistas. Because of
                       this, this interest group would be in favor of just
                       about any harbor development that increases activity
                       in the harbor. The only qualification is that com-
                       mercial fishing operations would probably be un-
                       welcome as close,waterfront neighbors mainly because
                       of'the smells and other non-aesthetic features of
                       commercial fishing that may be picturesque-at a
                       distance but somewhat less so at close quarters.

                                             100

                    i) Waterfront Businesses, Residences and Landowners

                         The businesses we refer to here are the non-
                    marine businesses .that just happen to be on the
                    waterfront, perhaps for some historical reason that
                    no longer applies. (In the study area, for example,
                    there is-a large hardware/lumber/heating business
                    that used to deal in coal for home heating. The
                    coal was received by schooner and barge well into
                    the twentieth century.) These non-marine businesses
                    are likely to be relatively indifferent to harbor
                    development as long as their business is not direct-
                    ly impacted. Waterfront residents are likely to be
                    less indifferent, since their waterfront view is an
                    important part of the value of their property. De-
                    velopments that improve their view are looked on as
                    "good" while anything that,obstructs their view or
                    is otherwise aesthetically displeasing (such as a
                    too close commercial fishing operation) is looked
                    on as "bad.

                         A common concern of all non-marine waterfront
                    landowners, whether businesses, residents, or owners
                    of dormant land, is the possibility that their land
                    may be re-zoned or even taken by eminent domain in
                    conjunction with harbor development or that its
                    value will be reduced because of nearby harbor de-
                    velopment. 'On the positive side, the,opposite could
                    occur and non-marine or dormant waterfront land
                    could substantially increase in value as the result
                    of waterfront or harbor development.

                    j) Community Businesses

                         Non-marine and non-waterfront businesses in the
                    community will generally benefit from any harbor or
                    waterfront development that increases community

                                         101

                        income and prosperity. The only possibility for
                        this group to be negatively impacted would be if
                        the commitment of local public funds causes an in-
                        crease in local taxes that outweigh the benefits
                        to these businesses of the.increased commerce.
                        Quite frankly, however, the public participation
                        in such developments is usually through state and
                        federal channels rather than local so this is rare-
                        1y a problem.

                        k) The Community At Large

                            Until ten or fifteen years ago one might con-
                        fidently predict that any development in a commun-
                        ity would be fairly widely accepted as long as it
                                   ase local income an
                        uould incre'                  d job potential and would
                        not show on the tax rate. With the advent of wide
                        concern for the environment and for ecological mat-
                        ters, however, the reverse is frequently true and
                        all developments are suspect a priori. This is
                        especially true in the case of waterfront or shore
                        developments for two reasons. On the environmental
                        side, people have become aware that shoreline and
                        waterfront are limited resources and there is a
                        strong movement against any development that re-
                        duces the accessibility of these resources to the
                        public at large. Conversely, developments that
                        increase public access or make the waterfront more
                        attractive in some way are likely to gain equally
                        wide public support. Using the study.area as an
                        example, this is especially.true in,the case of
                        waterfront that has a history of heavy use but has
                        fallen into disuse and disrepair. On the ecological
                        side, waterfront developments on relatively virgin
                        sites are likely to encounter strong, though not
                        necessarily wide, opposition because of the negative

                                           102

                    impacts on waterfowl, fish, shellfish, or waterfront
                    flora. In.the study area., for example, there are
                    waterfront areas that are heavily used by migratory
                    birds and it is the opinion of this consultant that
                    any attempt to develop those areas would meet al-
                    most insurmountable opposition on   ecological grounds
                    .from both local interests and non-local interests.

                    This is,not necessarily a complete list of those who
               might be positively or negatively affected by harbor de-
               velopment activities, but it does cover the major generic
               groups with a strong interest in a harbor and its develop-
               ment.  Local officials considering harbor development via
               direct public funding or simply through licensing or
               zoning must carefully weigh the interests of all of these
               groups and attempt to act in such a way that the conflicts
               among the various groups are minimized insofar as possible.

                                        103

                  V.9-  Types of Developments

                       There are.numerous types of@*:irT)rovements a local
                  communitypight undertake or encourage to.improve its
                  harbor, and we can't possibly hope to list them all here.
                  Nonetheless there are several types of developments that
                  are obvious prime candidates for those harbors that lack
                  them.

                       Some of the possible improvements are strictlyin
                  the public domain while others may be public, private, or
                  a mixture of both. For each development possibility dis-
                  cussed we will touch briefly on how best to implement it
                  and by whom. As.we shall see, there are very few harbor pro-
                  jects that are strictly reserved to the private sector
                  but many that are essentially prohibited to the private
                  sector either by regulation or simply because of cost.

                       Funding possibilities for public developments are
                  numerous and change from one year to the next. For major
                  harbor developments, however, the source will almost sure-
                  ly be Federal, though the funds may move through a State
                  or local conduit agency. Specific funding possibilities
                  will be discussed in some detail in the next subchapter,
                  but we will discuss here the, various'physical develop-
                  ment possibilities that a small harbor community may wish
                  to consider.

                       a) Harbor Entrance

                            Many small harbors, including and especially
                       the Merrimac River harbor, have serious deficien-
                       cies or inadequacies at their entrances and these
                       deficiencies limit the enjoyment of the harbor by
                       recreational users and its usefulness to commercial
                       interests. These limitations are imposed by the
                       simple fact that the harbor entrance is unsafe at
                       some tides, seasons, or weather conditions.

                                            104

                         The physical possibilities for improving a
                    harbor entrance will be very specific to the local
                    characteristics, but a few observations have gen-
                    eral applicability. If possible, the entrance
                    should be passable to all craft that normally use
                    the harbor, in all,seasons and at all tides and
                    weather conditions. Many small harbors, again the
                    Newburyport/Salisbury harbor is a prime example,
                    become inaccessible at precisely the time they are
                    needed most to perform the prime function of a har-
                    bor - refuge during rough weather. In some cases,
                    the physical characteristics of the harbor area
                    simply preclude any manmade measures that could
                    keep the entrance open in all circumstances or
                    would require investment levels that are   simply
                    not economically justified. This determination
                    is in the hands ofthe Corps of Engineers through
                    its economic and technical studies, but local offi-
                    cials can participate to a degree by supplying the
                    Corps with information concerning local economic
                    impacts or with technical suggestions for improving
                    the harbor mouth situation wi.t.hout,necessarily
                    curing it. In the instant case, for example, ade-
                    quate marking of the ends of the entrance jetties
                    would be a vast improvement over the current situ-
                    ation, yet at relatively low cost. Likewise, the
                    results of'this study show that the harbor has im-
                    mense commercial importance that could conceivably
                    justify river mouth improvement investment at a
                    level well beyond what recreational usage alone
                    could justify.

                    b) Harbor.Channel

                         The natural forces that cause a channel'to
                    shoal or move, while still enormous, are more

                                         105

                       amenable to marimade control than are the tidal,
                       littoral,and storm   forces that obtain at the en-
                       trance to a small harbor. Maintenance     dredging on
                       a regular basis is  one way to keep a channel open
                       and stable, but it  can be expensive, perhaps    even
                       prohibitively so.   A more permanent solution    is
                       sometimes possible  through the construction of
                       stone jetties or groins that restrict or redirect
                       th.e.water flow in critical areas and "train" the
                       flow such that the increased flow velocity causes,
                       a scouring or self-dredging action.

                            As in the case of entrance improvements, how-
                       ever., channel improvements may be difficult to
                       justify economically for purely recreational pur-
                       poses, so an accurate and complete estimate of
                       commercial impact should be made. If full cor-
                       rective measures still cannot be justified, then
                       less expensive remedial measures may be possible
                       such as the placement of more or better channel
                       markers, the removal or demolition of wrecks or
                       other underwater obstructions that may be ex-
                       acerbating shoaling, or more careful placement of
                       new shoreside structures to assure that channel
                       conditions will beimproved or at least not worsened.

                          Basin Improvements
                            In the current context, the word basin is taken
                       to mean those areas of a harbor that are not re-
                       served for the free flow of traffic, i.e. the chan-
                       nel. Our use of basin does not just imply an ex-
                       panse of relatively still water over a natural or
                       manmade depression, but rather any of the water

                                                106

                    areas of a harbor that have depth comparable to the
                    channel and are available for anchorage, placement
                    of moorings, maneuvering for and access to fixed or
                    floating berths, and placement of slips.

                         Basin improvements-can be funded entirely
                    through private funds, in fact one small basin im-
                    provement is being done privately in the study area,
                    but it is.more common for basin projects of any sig-
                    nificant size to be funded publicly, usually via
                    Federal programs.

                         The public sector action in basin improvements
                    is usually limited to three types of improvements.
                    Dredging of a basin to create it from wetlands or
                    very shallow flats is a quite common means of public
                    action in this area and could be done by the Corps
                    of Engineers or the state or municipality. This is
                    a prime example of partnership between public and
                    private entities, since the public agency creates   or
                    expands the usable water area and the private in-
                    terests can then develop the shore areas to take
                    advantage of the new water area.

                         The second type of public sector basin improve-
                    ments is perimeter stabilization,,the placement of
                    structures or materials on or near the banks of a
                    .basin to strengthen and stabilize them. The usual
                    impetus for perimeter stabilization is erosion pre-
                    vention, but the, structure used will almost always be
                    of more direct benefit or use to shoreside land-
                    owners,- whether marinas., residences, or any other use.
                    Stabilization can take many forms, as simple as plac-
                    ing broken rock or riprap along the banks or as

                                            10,7

                      complex as a pile supported concrete breakwater.
                      The actual structure chosen will depend'on local
                      ,conditions and the severity of the erosion problem,
                      but the benefit.of such improvements for non-
                      erosi6n purposes, i.e. to shoreside users, will
                      generallybe greater the more complex the structure.

                           There may be areas within a harbor that are
                      suitable for navigation and refuge from severe
                      weather but are less than ideal for moorings or
                      floating slips because they are especially suscept-
                      ible to wave action due to their orientation or

                      location within the harbor. Such areas are candi-
                      dates for the third major type of basin improvements,
                      wave deflectors or attenuators. These may be either
                      fixed structures or any of several types of floating
                      devices. Wave attenuators or deflectors within a

                      harbor differ in both form and function from the
                      jetties and breakwaters that are built to create a
                      harbor or pr otect its mouth.

                           Jetties and breakwaters are generally much more
                      massive structures than attenuators. For example,
                      jetties and breakwaters are usually built from gra-
                      nite blocks on concrete tetrapods (interlocking
                      manmade concrete forms that resemble children's jacks
                      but with four legs instead of six) weighing many
                      tons each, while a wave attenuator may,be nothing
                      more than a floating log or drum boom, a floating
                      raft of old automobile tires, or even a submerged
                      hose that sends up a curtain of air bubbles that can
                      attenuate a wave by virtue of their compressibility.
                      Functionally, a jetty or breakwater must be able to

                                               108

                    absorb the full energy of ocean waves   generated
                    by wind, t-ide,' and current. Harbor wave attenua.-
                    tors may only'have to redirect waves of much-less
                    severity. Breakwaters and jetties face deep    . water
                    breaking waves caused by tides and storms, while
                    wave attonuators face shallow water non-breaking
                    waves from any of several sources including the
                    wakes of boats in the  channel. Whatever the source
                    of waves, however, and whatever the form of wave
                    attenuator selected, such improvements can markedly
                    affect the suitability of a basin for boating use.

                    d) Seawalls and Bulkheads

                         Seawalls and bulkheads are'in fact perimeter
                    stabilization structures, but we differentiate them
                    here because they are also overtly intended to im-
                    prove or develop the shoreside land. As such, they
                    are usually implemented by the landowner as part of
                    the land development scheme, whether'the landowner
                    is a public entity or private interests. In the
                    Merrimac, for example, the bulkhead that is current-
                    ly under construction in Newburyport is entirely
                    publicly funded in conjunction with the waterfront
                    park development.
                         Punctionall'y, a bulkhead differs from a peri-
                    meter stabilization project in that the latter is
                    intended primarily to prevent natural erosion pro-
                    cesses while the former is a.load bearing structure
                    whose design is based on the nature of the activi-
                    ties it must support. For erosion prevention only,
                    a perimeter structure might consist only of concrete
                    blocks laid like interlocking tiles over a sloping

                                             109

                       shoreline. If the intended use of the shoreside
                       land is an apron for a boat stocking facility, then
                       a piled bulkhead would be needed both to support the
                       live load of a loaded forklift truck and to assume
                       sufficiently deep water immediately,adjacent to the

                       apron.

                       e) Bridges

                           Though bridges are not really harbor develop-
                       ments or improvements but rather highway improvements,
                       it is clear that bridges can have a substantial ef-
                       fect on the operation and use of the waters they span.
                       Fixed span bridges permanently limit the height of
                       boat that can pass, and any bridge limits th e width
                       of boats that can,pass. Draw bridges do not physic-
                       ally limit the height of boat that can pass"but.
                       boats must take a little more time to pass the bridge
                       while aw aiting the opening of the draw and, if the
                       road the bridge services is a busy one., the bridge
                       openings may be restricted to off-peak hours which
                       will reduce the use flexibility of the waterway for
                       boats that need high clearance..

                            Sailboats and large power boats with masts,
                       antennas, and/or tuna towers are the craft most
                       directly affected by bridges over harbor waters but
                       even smaller boats ate affected to a,degree.. Bridge
                       abutments restrict the channel width and may affect
                       current flow enough to make passage difficult or
                       potentially dangerous even for small boats. Like-
                       wise, abutments or any other fixed structures in or
                       near a channel are always potential hazards to boats,
                       especially at night or under other conditions of

                                                110

                    of limited visibility.    Such structurels.@are doubly
                    hazardous because   their effects on the current and
                    the fact that they   usually form dangerous eddies
                    usually requires that a   boat pass them at relatively
                    high speed.to maintain steerage. For 'related rea-
                    sons, bridges usually consume much more basin area
                    than the physical area they occupy since-the area.
                    near them is not suitable for mooring, anchoring,
                    or cruising or maneuvering.*

                         When considering a new bridgelor a replacement
                    or modification to an existing structure, local,
                    authorities and the relevant state and Federal

                    authorities must achieve a balance between cost and
                    thecompeting-needs of road traffic and waterborne-
                    traffic. It must be realized, however, that any re-
                    striction on waterborne traffic will affect the harbor,
                    use pattern. As an example, the bridges across the
                    Merrimac are a highway draw bridge that can pass a
                    boat of any height and a swing span railroad bridge
                    that is permanently open and thus also presents no
                    height restriction. Both bridges have width restric-
                    tions of course, but they present no physical barrier
                    to any boat that uses the harbor. Nonetheless,. a
                    surv'ey of the harbor and aerial photos clearly show
                    that there.are-very few sailboats or large power
                    boats that moor or berth upriver of these bridges.

                    f) Ice Protection

                         As we have noted, ice presents problems in a
                    harbor in two ways. Ice in still waters can damage
                    boats by cracking their hulls    and fixed structures
                    by raising pilings. Moving floe ice or      sheet ice

                        causes damage by impact or by an abrasive cutting
                        action. Protection from the former is strictly a
                        private interest matter and involves installing
                        bubbler hoses under each slip.

                             Moving ice, on the other hand, requires the
                        use of fairly massive ice deflectors which may be
                        placed by public agencies, private interests, or a
                        combination of the two. Ice deflectors may be
                        fixed or floating and their extent will depend on
                        local conditions and the amount of area that needs
                        protection. Whatever type of structure one uses, it
                        must deflect the ice but not stop or trap it,
                        sinc e ice that is only stopped or trapped will be
                        there until the next thaw, and other ice will build
                        up over and around it in the meantime. In the
                        Merrimac, for example, an ice deflector of any length
                        should be set at.some angle to the current flow or
                        else it would have to be massive enough to take the
                        impact of floes weighing several tons and moving at
                        three to four knots and be able to take such impacts
                        repeatedly over a two to three month season.

                             There are  .several forms a fixed ice deflector
                        might take. A granite block abutment or jetty is
                        the most durable, but heavily piled structures can
                        be equally effective. The piled structure may be one
                        or a series of dolphins, five to ten wooden piles
                        driven close to each other in tepee fashion; it may
                        be a pile supportedwooden crib containing granite
                        blocks or rubble; or it may simply be the piles sup-
                        porting a pier or other waterfront structure, in-
                        creased in size or number'for ice protection. A heavy

                                                112

                   log boom or raft, can serve as a very effec tive
                   floating ice deflector as can a used steel or
                   wooden barge, but either type of floating deflector
                   requires solid and secure moorings to take the ice
                   impacts, especially at the offshore end.

                         In harbors with a reversing current and ice
                   movement, such as the Merrimac, some ice protection
                   mAy be required on the downstream side as well,
                   though the ice that moves upriver on a tidal flood
                   is likely to be 'less massive than downriver ice on
                   the ebb. One approach that solves this problem
                   directly is the construction of an embayment, a
                   cul-de-sac in the shoreline that permits berthing
                   boats out of the current and ice flow. The only
                   physical constraints on such an embayment are that
                   its opening width.should not be large enough to per-
                   mit eddy currents to carry ice into it and that there
                   be enough water movement in and through the embay-
                   ment to prevent the formation of still water ice.

                   g) Docks and Floats

                        New docks or other fixed waterfront structures
                   ,require approval of both state agencies and the Corps
                   of Engineers, but local regulatory authority can
                   also be exercised through the harbormaster, zoning
                   laws, or .a conservation commission. A dock may be
                   built either by private or public interests or a com-
                   bination. of the two. The design type and size of
                   -docks and their associated floats will depend entire-
                   ly on local site conditions, the purpose of the
                   structure, and the available resources,,so we can
                   offer only the most general comments on docks and
                   floats here.

                                            113

                             if the shoreline is relatively steep and near.,
                       deep  water, such as one might find on the outside
                       of a  river bend, then the dock itself will generally
                       begin with a marginal structure that essentially
                       serves.as  the interface between the marina yard level
                       and the wa'teri This marginal structure may be A
                       rather simple pile supported deck if the shoreline
                       is naturally stable or it may require a bulkhead,
                       a steel cell structure, or some other structure with
                       both lateral and vertical strength if the shoreline
                       needs stabilization. The actual bearing strength of
                       the marginal pier will depend on its intended use,
                       but it would be prudent to design for the largest
                       load the dock might see even if such a load is be-
                       yond the intended use of the structure. For example,
                       a dock intended only for personnel and gear should
                       nonetheiessbe designed for light truck loading if
                       it is accessible to trucks, since the likelihood of
                       a truck being driven on the dock is quite high.

                             Pile type and placement method will depend    on
                       the specific design and the piles may be either     wood,
                       steel, or a ny of several types of concrete piles.
                       Wood piles are usually the most economical around here,
                       but they should be pressure treated with a preser-
                       vative and anti-foulant. As a further precaution
                       against dry rot, timber piles should be equipped with
                       sheet metal or plastic caps or cut at an angle. If
                       one of these precautions is not taken, fresh water
                       could accumulate on the pile top and allow dry rot
                       to attack the core of the pile. Piles may be driven
                       into the bottom or, if the bottom is relatively soft,
                       the piles can be placed with the assistance of a water

                                                  114

                   jet. Round wood piles are normally driven butt end,
                   i.e. large end, up but if the dock is in an area
                   susceptible to still water ice, the piles should be
                   placed butt end down so that the taper will not con-
                   tribute to ice uplift.

                        The pier deck may be either timber or concrete
                   and, again, funds availability will usually be the
                   deciding,factor, but if timber is used, it should be
                   treated timber if at all possible to minimize dry
                   rot (an algae-caused condition in wood exposed to  a
                   fresh.water environment such as accumulated rain-
                   water). It is not uncommon for docks that have been
                   unused and unmaintained for a number of years to have
                  ,badly rotted decking and stringers over still sound
                   piles. Piece by piece removal and replacement of
                   rotted timbers may prove to be quite expensive, but
                   a novel but workable alternative is to simply patch
                   all the holes in the deck with plywood, and pour a
                   new concrete deck of three to six inches over the old
                   wood deck, in effect using the old deck as a left-in-
                   place form.for the new concrete deck.

                        If the shoreline is on the shallow side of a
                   river with a gently sloping bottom, then the first
                   structure needed will be a finger pier extending out
                   from the shore to water deep enough for the berths
                   being serviced. It will almost surely be an open
                   piled structure to allow free flow of water through
                   it but, because-of its long and narrow form, the
                   underpinnings should be cross-braced for torsional
                   rigidity.

                                            115

                           The height of either type of fixed structure
                      should be at least two feet above extreme high
                      water and of course either type of structure will
                      need floating piers and ramps to access the boats.
                      Both ramps and floats should be wide enough for two-
                      way traffic and should have non-skid surfaces for
                      safety. Ramps should always have handrails for
                      safety but floats usually don't because rails would
                      limit access to the boats. In areas where wakes
                      and waves cause excessive float motion, however,
                      the floats should be made extra wide to allow safe
                      passage of two-way pedestrian traffic. There are
                      a large number of possibilities for flotation
                      systems and decks for floats such as wood decking
                      over boom logs, wood decking over oil drum floats,
                      all plastic floats with integral flotation.cham-
                      bers, the same with ballast chambers, concrete
                      floats, etc. Whatever svstem is chosen, however,
                      it will require some type of.anchor system to hold'
                      the floats in position against wind and current.

                           In a river environment with light and unidirec-
                      tional (non-reversing) current, shore based anchors
                      may suffice. More usually, however, the floats are
                      anchored via piles in the harbor bottom and are
                      equipped with some device that permits easy vertical
                      movement on the piles with tide changes. Depending
                      on the size of boats to be berthed and the anticipated
                      lateral loads, the piles may be rather heavy timber
                      piles or rather light galvanized steel pipe. The
                      latter are exceptionally easy to place by using the
                      pipe itself as a water jet., A simple ring or travel-
                      ing iron will suffice in either case for vertical
                      movement, but a set.of rollers that surround the pile

                                            116

                    or pipe will prevent abrasion and be more quiet as
                    the floats are moved by waves.

                         Usually, the busiest part of any marina is the
                    fuel dock and it would be prudent to add an extra
                    float at the fuel dock so that the fueling berth is
                    set out from the other slips and is made as easy as
                    possible to approach. The fuel dock should also be
                    equipped with extra fenders in recognition of the
                    fact that itis a high traffic  area and is unfamiliar
                    territory to many customers.

                                         117

                CHAPTER VI: LOCAL HISTORY

                     The area around what is now Newburyport and Salisbury
                was first seen by 9nglish explorers early in the seven-
                teenth century. As early as 1605, Samuel de Champlain
                mapped the area of the mouth of the Merrimac with the
                assistance of the natives who then lived there. Newbury,
                from which Newburyport later seceded, was founded and
                named as a settlement in 1635, though the Merrimac was
                frequently visited and fish taken much earlier than that.
                William Ward, writing of what is now Salem in "New
                England's Prospect" in 1634 said,

                                 In a word, it is  the best place but one,
                     which is MERRIMACKE, lying 8 miles beyond it, where,
                     is a river 20 leagues navigable: all along the
                     river side is fresh Marshes, in some places 3 miles
                     broad. In this river is Sturgeon, Sammon, and Basse,
                     and divers other,kinds of fish. To conclude, the
                     Countrie hath not that which this place cannot yield."

                     The fishing in the area was obviously fairly good
                at that time since, as Ward further notes,

                          IThe sturgeons be all over the Countrey, but
                     the best catching of them be upon the choales of
                     Cape Codde and in the River of Merrimacke where
                     much is taken, pickled and  brought for England,
                     some of them be 12, 14, 18  foote long."

                     The catching and curing of  sturgeon continued to be
                an important local industry and  the product was shipped
                both to London and to other New  England colonies. By
                1673, the first concerns about conservation arose and
                the General Court saw fit to authorize counties "to
                license able and fitt persons to boyle and pickle sturgeon
                for sale". Salmon were also quite plentiful at the time,
                and in fact so plentiful that apprentices traditionally
                stipulated in their articles of agreement with their
                employers, who provided their food and clothing, that

                                           119

                   they should notbe compelled to eat salmon more     than
                   three times per week. By the close of the seventeenth.
                   century, however, both salmon and sturgeon were becoming
                   more scarce and more a luxury food than an inexpensive
                   staple for apprentices;and by February 28, 1765, the
                   General Court found it necessary to pass "an act to
                   prevent the destruction of salmon and other fish in
                   Merrimack river". Bass were similarly protected in     1771,
                   though apparently both laws were honored mainly by being
                   ignored.

                        Commercial fishing in the Merrimac itself gradually
                   decreased due to overfishing, the-increasing pollution
                   that interferred with spawning, and the erection of dams
                   at Lowell and Lawrence that also interferred with.spawn-
                   ing habits. The last commercial catch of sturgeon was
                   two tons in one week in August of 1887, though a single
                   230 pound fish was taken near Carr's Island in herring
                   nets in 1938. Attempts were made to restock salmon in
                   the latter part of the nineteenth century, but pollution
                   and.poaching combined to thwart those efforts, and by
                   1900 the salmon fishery was completely wiped out. By
                   the early nineteenth century, the inshore fishery was
                   substantially,reduced but the role of the harbor as an
                   offshore fishing base and a center of commercial and
                   shipping activities was still quitesignificant. The
                   offshore fishing fleet probably reached its peak around
                   1834 when the fleet consisted of some 140 vessels employ-
                   ing 1000 to 1500 men, but by 1851 the industry was
                   already in decline and the fleet had dropped to 90
                   vessels employing 985 men, and by 1912 only some 200 men
                   were employed in the industry.

                         Undoubtedly, many of the vessels were built in this
                   area since shipbuilding was a prosperous business as
                   early as the mid-seventeenth century. Though shipbuild-

                                               120

                ing in the area reached its peak in the decades imme-
                diately before and after the Revolution in terms of
                number of yards and vessels built, the zenith of ship-
                building in a more poetic sense probably coincided with
                the clipper ship era around the mid-nineteenth century.
                Prior to the Revolution, many ships built in Newburyport
                were for British owners but many also were owned, crewed,
                and captained by local men. It has been noted that the
                "independent nature" of these local owners caused them
                to resent(and therefore evade!) British taxes and this
                resentment carried over to the war itself when some 60
                or more privateers operated out of the Merrimac. After
                the war, the local concern for taxation took a somewhat
                ironic turn when a Newburyport shipyard built the
                revenue cutter Massachusetts, the first vessel assigned
                by the new American government to collect.customs duties,
                and thus the U. S. Coast Guard traces its birth to
                Newburyport in 1791. In 1811, the port and downtown
                areas were destroyed by the first of several major fires
                that have struck Newburyport over the years;.and when
                the downtown area was rebuilt it was done in brick, and
                firewalls were placed between adjacent buildings extend-
                ing above the roofs in what is still a characteristic
                of the restored architecture of the central business

                district.

                    As noted earlier, the poetic zenith of local sea
                commerce and shipbuilding occurred with the construction
                and operation of the clippers in the mid-nineteenth
                century, but the industry was in decline with the coming
                of steam and the iron-hulled vessels. The last square-
                rigged vessel to be built in Massachusetts was launched
                in Newburyport in 1883 and the last schooner was built
                here in 1901.

                                         121

                       Steamersi schooners, and ferry boats continued to
                  call at the Merrimac well into the twentieth century but
                  the port was clearly in decline as a commercial center
                  and a fishing harbor and those ships-that did call here
                  were primarily carrying coal or lumber, or passengers,
                  on short domestic routes.

                       Throughout the first half of this century, the area
                  has been characterized by factory-based local economies
                  and was a minor commerce center by virtue of its convenient
                  location on the main rail and road routes to New Hampshire
                  and Maine. With the mass exodus of factories out of New
                  England in the fifties, the area moved into a period of
                  economic decline and began to take on more of the atmos-
                  phere of a Boston suburb, but at a slower rate than many
                  of the communities closer to Boston. It is somewhat
                  remarkable that the population of Newburyport stayed
                  almost constant at about 14,000 from the Civil War through
                  the 1950's and only in the past 15-20 years, coinciding
                  with the urban renewal era, has it moved significantly
                  upward to its current level of about 16,000.

                       By the late 1950's the City and the adjacent towns
                  were in a severe economic recession with high and chronic
                  unemployment and, in the case of Newburyport, a badly
                  declining central business district. In recognition of
                  the need for revival in the CBD, the City established
                  the Newburyport Redevelopment Authority in 1960 and an
                  urban renewal area of some 22 acres, encompassing much
                  of the commercial area of the central business district
                  and.the adjoining Merrimac River waterfront area. The
                  initial urban renewal plan called for wholesale demoli-
                  tion of much of the downtown area and replacement with
                  contemporary structures and extensive parking areas.
                  Though some buildings were in fact demolished, increasing

                                             122

               public reaction to the destruction of this historic area
               of the City eventually called a halt to the initial plan
               and a re-examination of the whole renewal concept.

                    Among other steps, the entire Market Square area,
               the historical and current center of the commercial area,
               was placed on the National Register of Historic Places
               in 1971 as the Market Square Historic District. Included
               in this area are the Central Fire Station (built as the
               central market building in 1823) and the former U. S.
               Custom House (1835) which had fallen into complete dis-
               repair and was being used as a warehouse for junk but has
               since been fully restored as a maritime museum. In 1970@
               the entire concept of demolition was dropped in favor of
               rehabilitation, a process which is now nearing completion.
               The Inn Street/Market Square renewal area has won archi-
               tectural awards and national recognition as one of the
               most successful undertakings of its kind., The rehabili-
               tation of the downtown area has preserved some of the
               finest examples of Federalist commercial architecture
               in the country and has caused a major economic resurg-
               ence in the central business district.

                    It is of major significance to this study that the
               rehabilitated downtown area is within easy walking dis-
               tance of nearly all commercial fishing activities in
               Newburyport and within sight of all commercial and
               recreational boating activities in Salisbury. In spite
               of this proximity, however, the waterfronts of both
               communities have been relatively unchanged by the major
               renewal in Newburyport, with the exception of that part
               of the Newburyport waterfront that is within the urban
               renewal area.

                                         123

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                                                                                                 Figure VII.1.1 Newburyport/Salisbury                                                                          Harbor

                CHAPTER VII: -CURRENT STATUS OF THE HARBOR AREA

                V11.1 The Harbor Itself

                     The Newburyport/Salisbury common harbor is located
                near the mouth of the Merrimac River, the largest river
                in eastern Massachusetts. The two communities and their
                shared harbor are on the northernmost part of the Massa-
                chusetts coastline and Salisbury is the northernmost
                community in -the Commonwe'alth. Figure V11. Ll is a U.S.
                Army Corps of Engineers map that shows the.general con-
                figuration of the harbor and the location of the two
                communities on the.Massachusetts coastline (This map is
                dated 30 June 1973 but inexplicably it does not show
                either Route .128, Route 95, or Route 495. Our assump-
                tion is that it was not originally prepared in 1973 but.
                is,simply a reissue of a much older map).

                    In common with most river mouths, the Merrimac mouth
                consists,primarily of wide expanses of very shallow inter-
                tidal flats and salt marshes with only a very narrow
                natural channel. This channel is shown on the Corps map
                as being twelve feet at the bar and nine feet within the
                harbor itself, with a channel width within the harbor of
                200 feet. The Coastal'Pilot, on the other hand, shows the
                harbor having a controlling depth of 8.5 feet at the bar
                and 6 feet from the bar to the main harbor area near down-
                town,Newburyport. These latter figures are more nearly
                correct in describing the actual situation at low tide,

                                          125

                  and the channel is also subject to some shifting and
                  shoaling as well so the safe effective width at very
                  low tides is actually a good deal less than the nbmi-
                  nal 200 feet. On the more positive side, detailed
                  soundings of the harbor bottom by the Corps in 1974
                  indicated that the inner harbor, the area west of the
                  it north pier day beacon" on the map of Figure V11.1.1
                  has depths substantially greater than the indicated
                  nine feet.

                       The tidal range in the Merrimac is approximately
                  eight feet and currents can be as high as three knots
                  on the flood tide and in excess of three knots on the
                  ebb. Because of the tide range and the currents, ground
                  tackle for the many fixed moorings in the harbor must
                  be exceptionally heavy relative to "quieter" harbors
                  and the same is true of the fixed and floating shore-
                  side installations. The climate of the area is gener-
                  ally similar to-the rest of eastern Massachusetts an d
                  southern New Hampshire and Maine, with a mean daily
                  temperature ranging from the low to mid 30's in January
                  to the low 80's in'July/August. Precipitation is rela-
                  tively uniform througout the year, with a trace or
                 ,more precipitation approximately 130 days per year.
                  Predominant winds are from the NW quandrant except during
                  the summer months when the SW quandrant predominates. On
                  an annual basis, wind speeds in excess of 15 knots occur
                  36% of the time and the recurrence interval for moderate
                  to severe damage producing storms is 0.8 years. The
                  10 year extreme wind is estimated at 70 mph and the 100
                  year extreme wind at 95 mph. All of the above informa-

                  tion is taken from the environmental impact statement

                                            126

               for the nuclear power plant being built in nearby
               Seabrook, N.H.; but, in the opinion of the consul-
               tant, the figures do not adequately reflect.some of
               the extremes that can regularly occur in winter.

                     For example, the mouth of the Merrimac and   the
                entire Massachusetts coastline north of Cape Ann are
                completely exposed to the northeast. A comparison
                with the rest of the U.S. Atlantic coast shows this
                to be the most exposed section of coastline, to the
                northeast, of any area north of Cape Hatteras. The
                usual pattern of winter low pressure areas in the U.S.
                carries them up from the south central part of the
                country towards New England on a storm track that takes
                them offshore near the Massachusetts coast. The re-
                sulting northeast wind can cause severe seas in the
                area and/or much heavier local precipitation than in
                other coastal areas just a few miles to the north or
                south. Such a northeasterly or easterly,b  low coupled
                with anoutgoing tide near its ebb can cause condi-
                tions at the shallow mouth of the river that make it
                all but impassable.

                     During the summer months the harbor channel and
                the seaward approach to the harbor are moderately well
                marked by a series of lighted and unlighted buoys,
                land-based lights, and day beacons. The most serious
                shortcoming in the navigational aids.system is the lack
                of any marking at all on the ends of the two jetties
                that form the river entrance. In particular, the north
                jetty presents a very low profile at high tide and
                during very high tides and/or heavy seas the outer end

                                          127

                  of the jetty may even be partially or completely sub-
                  merged. In winter, some of the buoys are removed from
                  the channel to avoid ice damage and the channel becomes
                  extremely hazardous in nearly all conditions even for
                  the commercial fishermen who are most familiar with it.

                       The Newburyport/Salisbury area has -seven private
                  marinas which.have slip space available for approximately
                  200 boats and moorings for 125-150 additional boats.
                  Slip fees, usually including limited electric service
                  and fresh water, are generally in the range of $15-20
                  per boat foot per season and moorings generally rent
                  $150-200 per season. Most of the marinas provide tender
                  service along with the moorings. There are two local
                  clubs, the American Yacht Club and the North End Boat
                  Club, and between them they provide about 20 additional
                  slips- and 150-175 additional moorings. All of the marinas
                  and clubs are at or near capacity and the general con-
                  sensus is that the demand for slips and moorings exceeds
                  the available supply, though no figures are available
                  to quantitatively support this.

                       Among the marinas and the several non-marina bait
                  shops, tackle shops, marine hardware stores, and related
                  businesses nearly all services normally desired by
                  recreational boaters and fishermen are readily available.
                  This includes nearly all of the needs outlined in Chapter
                  III of this volume. These services are heavily concen-
                  trated on the Newburyport side as are the auxiliary ser-
                  vices such as general shopping, tourist activities, and'
                  restaurants and bars. The Salisbury waterfront is several

                                             128,

               miles from the  center of town and the Salisbury Beach.
               resort area and amusement center. One of the major
               deficiencies of the area around the harbor is the total.
               lack of accomodations for visiting recreational fish-
               ermen or othertourists. Newburyport has no motel or
               hotel space and, though Salisbury has many hotels and
               motels as well as both public and private trailer and
               campsites, they are all concentrated in the beach area
               and do not really service the harbor.

                    Neither town has any commercial fishing support
               facilities in the public domain, though marinas in both
               communities provide rudimentary unloading capabilities
               to commercial fishermen using facilities that are pri-
               marily oriented toward recreational boaters. Diesel
               oil is available from some marinas, though many commer-
               cial fishermen buy No. 2 fuel oil from home heating
               dealers because of the lower price. Large.quantities
               of bait are not readily available nor is fish ice avail-
               able in the harbor itself. There are no extensive ice-
               free mooring or slip areas in the harbor, thoughmar-
               ginally ice-free slips,for about five vessels-exist at
               one of the marinas on the Newburyport side.

                    The two sides of the river are connected by a pair
               of drawbridges, one for the vehicular traffic' and the
               other a railroad bridge. The railroad right of way has
               been unused for a number of years and is all but aban-
               doned so the railroad drawbridge is permanently open.
               (The railroad,has expressed a desire to dismantle this
               bridge but both of the local communities and local and

                                          129

                  state officials in New Hampshire and Maine have resisted
                  this proposal in the hope that coastal rail service may
                  someday be restored). The highway bridge has an opening
                  of 80 feet over the river channel and a clear height of
                  35 feet above.mean high water. For sailboats and others
                  with above water heights in excess of this, the bridge
                  is manned and available for opening on a demand basis
                  from 6 AM to 10 PM. There are several marinas and clubs
                  upriver of this bridge and in the past year  it was one
                  of the busiest bridges in the Commonwealth in number of
                  openings.

                       At present the river is heavily polluted  with both
                  industrial and sanitary wastes, though many of the sources
                  of pollution are in the process of being removed or
                  corrected under'a variety of federal laws and programs
                  as well as under the initiatives of the states of Massa-
                  chusetts and New Hampshire. Locally, the most serious
                  sources of pollution, and the main reasons for the con-
                  tinued closure of the rich clam beds of the Merrimac
                  are the untreated  sewage discharges from Salisbury and
                  the inadequately treated discharges from Newburyport.
                  Both of these sources of pollution are in the process
                  of being corrected with the assistance of State and
                  Federal grants and the indications are that clam har-
                  vesting will be permitted, with subsequent treatment,
                  in a matter of two years or so.' (There are about 220
                  acres of clam flats on the Salisbury side and about
                  645 acres on the Newburyport side, of which 115 acres
                  are in the Town.of Newbury).

                                             130

                 V-
                   J_j_.2 ReereatibnaL Harbor Users

                      Throughout this report we have tended to tacitly
                 group all harbor users in two general categories    com-
                 ercial fishermen and recreational boaters. While this
                 is a fairly good first approximation, there are many
                 variations within these two broad generic groups, and
                 a more detailed look at the harbor user's will perhaps
                 serve to underscore the value and importance of this
                 harbor or any small harbor to'the community it serves.
                 This review of the various user groups can also serve
                 to highlight those features of the harbor that are most
                 important to the various harbor interests.

                      On the recreational side, we must begin with the
                 unfortunate fact of life that the Merrimac at present
                 holds little or no attraction for in-water sports.such
                 as waterskiing or swimming because of the poor water
                 quality. There are sandy beach areas on both sides
                 nearthe mouth but, though a few people,occasionally
                 swim on a rising tide (when the inflow.of ocean water
                 prevents or reduces the downriver flow of polluted
                 river water), these two sandy areas are used mainly for
                 strolling and, especially on the Newburyport side,
                 by surf-casting fishermen.

                      The main recreational uses of the river  are sailing,
                 cruising, and fishing and the popularity of these activi-
                 ties is especially obvious on a warm summer weekend when

                                           131

                  the channel itself and the favorite fishing grounds
                  near the channel can develop the aquatic equivalent of
                  a traffic jam. The smaller boats, outboards, and other
                  small motor boat's, can roam rather freely in the harbor
                  during most of,the tidal cycle; but the larger cabin
                  cruisers and sports fishermen have to constrain them-
                  selves to the channel or known deep areas outside the
                  channel during much of the tidal cycle because of their
                  draft. Most sailboats have some type of keel, dagger-
                  board, or deep rudder, so even the smaller sailboats
                  are rather constrained in their movements as well. The
                  generally heavy traffic and the constraints.on the deeper
                  draft boats can make some of the critical points in the
                  channel difficult or even dangerous to navigate on week-
                  ends. In particular, the area just to the north of
                  Plum Island Point (near the 1.0 mile mark of the channel
                  in Figure VII.1.1) combines a narrow and dangerous part of
                  the channel with a favorite fishing spot (with lots of
                  small boats on anchor) to present areal navigational
                  challenge, especially to a moderately large sailboat.

                       There are.many possible divisions among the recrea-
                  tional boaters, but sail and powerseem the most obvious
                  first division and among the power boats,-the next division
                  would be fishermen versus non-fishermen but there are very
                  few who don't fish at all. Rathe  r, there are avid fisher-
                  men and occasional fishermen who are primarily interested
                  in cruising and  sightseeing. Fishing in and near the
                  Merrimac ranges  from good to excellent and both locals
                  and out-of-town,visitors fish for striped bass, flounder,

                                             132

                 bluefish, and.mackerel in the   river and immediately
                 outside. In the nearby ocean    ther are cod, haddock,
                 flounder, and other bottom fish as well as blues,
                 stripers, and giant bluefin tuna., Many small boat
                 fishermen rarely if ever go outside the river, in part
                 because of caution about the river mouth,'but others
                 regularly fish outside. Some of the more dedicated
                 fishermen even fish at night, a somewhat hazardous
                 practice since the favored fishing areas seem to be
                 concentrated near the channel both in the harbor and
                 between the jetties,and a@small boat on anchor is not
                 readily,visible to a large fishing boat-returning late
                 from a day trip.

                      The larger  privately owned boats regularly steam
                 from the Merrimac-to deepsea fishing grounds for blue-
                 fish, tuna, or the larger bottom fish on all day trips.
                 Some of the more popular areas for Merrimac-based boats
                 are the northwest corner of Stellwagen Bank.(a 2k to
                 3k hour trip one way)., Halibut Point (l,to 112 hours),
                 or Jeffrey's Ledge (lk to 2 hours).    Stellwagen (or
                 Middle Bank as. it is also called) is  generally fre-
                 quented by tuna fishermen as well as   people after blue-
                 fish or bottom fish.

                      Many locals and  visitors charter boats with captain
                 and crew for all day  trips for the same spe,cies and there
                 is a large and active  market in the area for head boats
                 or party boats. A large percentage of the party boat
                 business is repeat business with some anglers going out

                                             133

                  on the same boat week after week. Much of this busi-
                 ness is non-local so it-represents a significant
                  addition to local income.

                       Though most,of the recreational boaters who  fish
                   are doing so only for the fun of it and for the sake
                   of an extra meal of fresh fish for themselves or the
                   neighbors, there are also many who, though primarily
                   recreational, are successful enough to be able to sell
                   some fish to local.dealers to at least partially off-
                   set some of their boat expenses. Sports tuna fishermen
                   of course always plan to sell their catch and itis in
                   these areas that the line between recreational boaters

                   and commercial fishermen becomes somewhat unclear.
                   For the purposes of this study we have decided to assume
                   a fisherman is commercial if he depends on fishing for
                   all or a significant part of his income for at least
                   a part of the year. Thus, the person who occasionally
                   sells the catch is not considered commerical nor is
                   the person who regularly sells'the catch i.e. tuna
                   fishermen, but only to offset expenses and with no
                   realistic expectation of a net financial gain from
                   fishing.

                       The final category of recreational harbor users
                   are the people.who never or rarely get on a boat.
                   These are the people who enjoy walking along the
                   water, seeing the boats coming and going, watching
                   sailing races, having a drink or a meal at a water-
                   front restaur ant or bar, or simply being near a center,

                                             134

              of waterfront activity. To such people the continued
              vitality of the harbor can be as important to the over-
              all quality of life.in the community as it is to the
              avid fisherman-who goes out several times per week.

                                         135

                  VII.3   Commercial Fishing

                       Commercial fishing is an active year round business
                  in both Newburyport and Salisbury but the size of the fleet,
                  the number of persons.employed, and the economic importance
                  of the industry varids markedly from one season to the next.
                  In addition to the usual.annual cycles of the business as a
                  whole, individual persons and boats are constantly moving
                  in and out of the commercial fishing business.or changing
                  the manner in which they participate. Becuase of this
                  continually changing nature of the fleet and the workforce,
                  it is difficult to summarize the main characteristics of
                  commercial fishing in the Merrimac or in any other small
                  harbor. Indeed, the most prominent characteristic is
                  that the.business remains in a constant state of flux.

                       The fleet itself generally consists of small and old
                  boats. Most boats are in the range of 25-45 feet in length
                  and the majority are over 15,years old. There are a few
                  boats that are larger and some that are newer, but they
                  are the exception rather than the rule. Though most of
                  the-boats in the fleet were originally built as fishing
                  boats, there are also several vessels that have been
                  converted from cabin cruisers or sports fishermen and at
                  least one boat that was formerly a workboat serving the
                  offshore drilling industry.

                       Because of their size, most boats in the Merrimac
                  fleet operate in waters near their home port. For rea-
                  sons of economy and safety, they rarely operate more than
                  three to four hours steaming time from the Merrimac and
                  most try to stay even closer than that. The most popular
                  groundfish area for the Merrimac fleet is Jeffrey's Ledge,

                                            136

                located some 20 nautical miles due east, but the local
                fleet also fishes Stellwagen and several other shoals and
                banks in the Gulf of Maine. With the exception of the
                largest boats, the local boats tend to fish on one day or,
                occasionally, two day trips. The only deviation from
                this usual pattern is when a Newburyport or Salisbury
                boat overnights@for one or a few nights at some other
                port because of weather or the location of the fish at
                that time. In summer, for example, many local boats,
                operate out of Provincetown for periods of a few days
               -to two or three weeks when the tuna are more active down
                there than nearer the home port. Likewise, boats from
                Newburyport/Salisbury frequently spend periods of up
                to two weeks operating out of Gloucester, commuting by
                car to their homes each day, in.order to save steaming
                time..

                     The Merrimac boats are small enough that most can
                be-adequately crewed by two or three people and many of
                the smaller boats can be worked singlehandedly.- Even on.
                those boats that regularly carry a crew of three or four,
                the larger crew is usually a matter of preference and
                convenience than absolute necessity. Very few.boats
                operate with the same captain and crew all the time. In.-
                stead, the captain/owner may have a semi-formal agreement
                with one or two people as his semi-permanent crew plus
                several less formal understandings with others who fill
                in when the semi-permanent crew is unavailable for one
                reason or another. These,arrangementsare possible be-
                cause such a large percentage of those engaged in the
                small boat fishery of the Merrimac are not full-time,

                                           137

                  year-round fishermen. Many hold full-time, year-round
                  jobs shoreside  and only fish on weekends.and days off
                  as a means of  supplementing their regular.income; others
                 .work in jobs subject to frequent layoffs or slack time,
                  the' construction trades for example, and fish during this
                  slack period; and others'have only a part-time shoreside
                  job or a.full-time shoreside job with very flexible hours
                  that permit two or three days a week fishing (many firemen
                  are also fishermen).

                        The ownershin of the boats of the local fleet is
                  also  in a constant state of change. Some of these owner-
                  ship  changes are voluntary and unremarkable expressions
                  of expansion or some other change in the business environ-
                  ment  of the individual in question. Unfortunately, however,
                  there are many ownership changes arising from bankruptcies,
                  near-banruptcies, or severe liquidity crises. Many of the
                  local fishermen are operating in the severe capital shy
                  atmosphere that is so typical of small boat fishing through-
                  out Massachusetts. Until that situation is changed by the
                  proper combination of Federal, State, and local actions,
                  the small boat fleets of the Commonwealth will remain un-
                  stable/and in a continuing state of flux.

                                               138

               VII.4 The Harbor Communities

                    Though they share the Merrimac as a common harbor,
               there are many sharp distinctions and contrasts between
               the two communities of Newburyport and Salisbury. Though
               Newburyport is the smallest city (form  of municipal gov-
               ernment) in the Commonwealth with a population of 16,341,
               Salisbury is less than one-third that  size with a popula-
               tion of 4,967. Newburyport is a city   governed by a mayor
               (strong mayor form) and city council@ and Salisbury is a
               town governed by a board of selectmen and the annual town
               meeting.

                    Physically, Newburyport is best characterized as a
               suburban community, with much of the population living in
               contiguous residential neighborhoods of predominantly
               single family dwellings. Two, three, and four family
               dwellings may be found in some of the older neighborhoods
               and.,there have been a number of multi-unit apartment com-
               plexes built in@recent years by both private and public
               interests (veterans' housing and housing for the elderly)
               Newburyport has a well-defined and compact central busi-
               ness district, including the redevelopment area, and a
               second commercial.district, including a shopping center,:
               near Route 95. The busiest part of the Newburyport water-
               front is adjacent to the central business district, thounh
               the active waterfront extends well into residential and
               light industrial areas both upriver and downriver of the
               central business district.

                    Much of Salisbury, in contrast to Newburyport, is
               more rural in.character but with the notable exception of
               the resort area at Salisbury Beach. The center of town,
               with the town offices and a modest concentration of stores
               and service stations, is not a well-defined central busi-
               ness-district but rather a more diffuse "thickly settled"

                                          139

                  area at the intersection of Routes I and 1A. The Salis-
                  bury Beach area has a totally different character from
                  the rest of the town in that it is a dense collection of
                  hotels, motels, restaurants, fast food stands, bars and,
                  cocktail lounges, and extensive amusement areas with rides
                  and games. Many of the dwellings in the area, whether
                  single or multiple units, are not winterized and are used
                  only during the warm beach months. The beach in question
                  faces on the Atlantic Ocean while the harbor waterfront
                  is on the Merrimac River. By land the two are several
                  miles apart,and the harbor is also.a distinctly separate
                  area from the town center. With the exception of the
                  small residential area called Ring's Island, the harbor
                  area of Salisbury is physically and psychologically re-
                  mote from the rest of the town. It is both physically and
                  conceptually much closer to Newburyport than to either the
                  town center or to Salisbury Beach..

                       Because of the relative isolation of the Salisbury-
                  harbor from the rest of the town and its proximity to the
                  Newburyport downtown center, the development of the Salis-
                  bury harbor has been and probably will continue to be, heav-.
                  ily influenced by the activities across the river. Per-
                  sons using the harbor, especially commercial fishermen,
                  can and do obtain some services in Newburyport and others
                  in Salisbury. Marina operators and others contemplating-
                  waterfront investments or expansions in either community'
                  of necessity must look at the combined market of the two
                  communities and.the combined competitive situation. The
                  inclusion of Salisbury in this study is a tacit recogni-
                  tion that public bodies should adopt a similar stance in
                  general planning activities and in the funding and imple-
                  mentation of additional public facilities for either rec-
                  reationai or commercial interests in the area.

                                            140

                    Both communities were affected by the general exodus
                of factories from New England to the south in the fifties
                an d sixties, and unemployment in the area remains high to
                the present. According to statistics obtained from the
                Division of Employment Security, the January 1977 unemploy-
                ment rate in the area was 11.3% which, although still high,
                is still a substantial improvement over the recent past
                (August 1976 - 13.0%; January 1976 - 16.4%; August 1975
                16.5%). Because of these consistently high unemployment
                rates, both local governments have had a continuing and
                strong interest in attracting new businesses and creating
                new jobs. The public in general seems to share this in-
                terest and it is the opinion of the consultant that this
                shared interest in new jobs would be one of many positive
                factors that could ease the implementation of future har-
                bor development plans.

                    The most significant physical  characteristic of the
                communities adjacent to the harbor is the urban renewal
               ,area of Newburyport. The area in question encompasses
                much of the central business district and part of the
                waterfront as well. The entire urban renewal effort'in
                Newburypbrt has had dramatic impacts both on Newburyp"ort
                and on the surrounding towns far beyond the mere physical
                changes. The urban renewal process has affected the econ-
                omy of the area by providing jobs during both the imple-
                mentation and the subsequent operation of new businesses
                in the renewed area.

                    One could even argue that the downtown improvements
                have contributed significantly to the development of other
                parts of the city by improving the attractiveness of the
                city to new residents and investors. Many buildings out-
                side the downtown urban re newal area have been restored
                or refurbished either privately or, in some cases, with
                the assistance of public grants. This is true of both

                                          141

                  residential and commercial properties. Real estate values
                  have escalated dramatically in recent years, in part due
                  to the increased demand from new residents attracted to
                  the city by the general quality of life symbolized by the
                  downtown area. As part of this influx of new residents
                  there have been significant demographic changes in the pop-
                  ulation, accompanied by some tension here and there between
                  long term residents and more recent arrivals. (The term
                  11carpetbagger" is not heard as often as it was during the
                  formative stages of the urban renewal project, and it is
                  likely to be used more facetiously now than it was a few
                  years ago.)

                       The point that is being made here is that the most
                  significant fact.of life to future harbor development, on
                  the Newburyport side for sure and on the Salisbury side to
                  a lesser extent,is the urban renewal process. Figure VII.4.1
                  shows the downtown renewal area and the adjacent waterfront.
                  The renewal area buildings have been fully restored (or are
                  being restored) to their original mid-nineteenth century
                  appearance and the buildings themselves have been comple-
                  mented by brick sidewalks, streetlights reminiscent of
                  period gaslamps, the absence of any overhead wires for
                  power or telephone, restrictions on store and traffic
                  signs, and similar exterior measures.,'Part of the renewal
                  area, inn Street, is limited to pedestrian traffic and
                  featu@es several small parks,,numerous benches for shop-
                  pers and tourists, and a small playground. The buildings
                  in the renewal area tend to be occupied on the ground
                  floor by shops of various types, with offices and/or
                  apartments on the upper floors. In appearance and use
                  pattern the central business district has been restored
                  to its status of a century or more ago.

                       The view from the renewal area t o the river at pres-
                  ent is marred by the construction work at the waterfront

                                             142

                                        GR

                                                                 ............
                                                                                                           40'

                                                ly

                                                                  ..... .....

                                                                                                        :VIC

                                     S

                                                                      Ul

                                              FIGURE V11.4.1 NEWBURYPORT WATERFRONT     RENEWAL  AREA
                                                                (This is au e-tilarged section of Figure 11.1)

                  itself, but by summer 1978 the waterfront park construc-
                  tion will be.complete and the waterfront itself will con-
                  sist of 900 feet of bulkheaded and landscaped promenade.
                  The parcels of land between the waterfront park and the
                  renewal area are the last renewal parcels to be put out
                  for redevelopment and the working plan of the Newburyport
                  Redevelopment Authority is for these parcels to contain a
                  hotel or motel and one or more premium restaurants along
                  with several meeting and function rooms. (As mentioned
                  -earlier, there are at present no overnight accommodations
                  in Newburyport.)

                      The waterfront immediately downriVer of the'water-
                  front park is presently unused, though the land just back
                  from the waterfront itself is heavily used. The predomi-
                  nant occupant, the largest and most visible, is a lumber
                  yard/hardware store which occupies a number of buildings
                  as well as the intervening yard space. Other occupants
                  of the near-waterfront land in this area include a res-
                  taurant/bar, a hobby shop, a shirtmaker, and several
                  others including a few residences.

                       Immediately upriver of the waterfront park the water-
                  front is fully and heavily used for water related activi-
                  ties. Uses include a boat ramp, several marine hardware
                  stores, marinas and yacht yards, two restaurants with a
                  river view,.a marine electronics.store, and a.dock for
                  loading and unloading charter and party boats. This area
                  is also,at present, the only place on the Newburyport side.
                  for commercial fishing boats to unload and, in winter,
                  this area contains the only ice-protected slips on the
                  river, though several more will soon be constructed on
                  the Salisbury side iqith private funds.

                       Newburyport has been increasingly successful in
                  attracting visitors to the city for shopping, dining  and

                                            144

                touri st activities. The shopping and dining has de-
                veloped into a year round activity and attracts people
                both from the adjacent communities and from the metro-
                politan Boston area. The tourist trade is obviously
                highly seasonal but attracts people from a much wider
                area. The city has received publicity in several nation-
                al.and regional publications, because of the architec-
                tural quality.of the restoration work, the historical
                significanceof the restored area, and the general-
                tourist attractions of the area. Additionally, word of
                mouth,appears to be an excellent advertising medium in
                a few selected instances. One of the more dramatic is
                the party.boat business.where word of mouth. has developed
                pockets of business in such distant market areas as Ohio
                and New Jersey-

                     Both communities have numerous summer activities
                that attract tourists, and of course the Salisbury Beach
                resort and amusement area is a constant attraction. As
                far as distinct tourist activities are concerned, however,
                the Yankee Homecoming celebration in Newburyport has been
                exceptionally successful. Yankee Homecoming is best de-
                scribed as a week of small town activities that are en-
                joyable and attractive'to locals and visitors alike.
                Among the many activities are road races, barbecues,
                parades, firemen's muster, jazz concert, historic house
                visits, sidewalk sales, the re-enactment of historic
                events, golf and tennis tournaments, church suppers,
                dances, band concerts, and many more. Aside from the
                locals and the tourists who participate, many former
                residents of the area plan family reunions at about this
                time (early August) and many'local residents invite out
                of town or out of state friends to visit during Yankee
                Homecoming.

                                           145

                      Though Yankee Homecoming week.is the most intense
                 period of tourist activity, it is not the only period
                 and visitors come to Newburyport throughout the summer
                 and in fact the year. In summer, however, the harbor
                 and its facilities are a major attraction,in and of them-
                 selves and with-the completion of the waterfront park
                 will become more of an attraction even to those visitors
                 whose primary interest is not boating or fishing. To
                 achieve the full potential of the harbor in this fashion,
                 however, steps must be taken to bring the harbor as psy-
                 chologically close to the renewal area as it is now
                 physically close and to treat the harbor and the down-
                 town area as two parts of a unified whole in future de-
                 velopment plans.

                                            146

               VII.5 Economic Imact ofthe@Harbor

                    We have already touched on the recreational and
               aesthetic value of the harbor to the adjacent communi-
               ties 'and thedirect employment estimates for the commer-
               cial fleet give at least a preliminary indication of the
               economic importance of the  harbor. Ideally, a full and
               quantitative assessment of  the economic impact of the
               harbor would be based on a  detailed review of the income
               derived from the harbor by  all direct and indirect bene-
               ficiaries. Unfortunately,   such a detailed review is not
               possible because of,the general unavailability of the
               necessary data and the usual reluctance of most small
               businesses to supply any information that would reveal
               the extent of their gross income or their profit and
               loss situation.

                    An assessment of the economic impact of the harbor
               can still be made, but it must be based on a combination
               of the limited direct data that have been gathered, some
               data and information in the public domain, and some rea-
               sonable assumptions and approximations. In the presen  t
               case the direct data come from the limited number of rec-
               reational user questionnaires that were returned, the in-
               terviews with commercial users and marina operators, har-.
               bormaster records, and direct observations by the study
               team. The public domain data come mainly from the Na-
               tional Marine Fisheries Service publications of landings
               and prices of fish (the Blue Sheet).

                    Based on the interviews with commercial fishermen
               in the area, our best estimate of the weekly landings
               of groundfish for the harbor consists of the combined
               landings of all-boats reporting plus a proportional
               allowance for those not reporting or not contacted. On
               this basis, the estimated local landings are 50,000

                                         147

                  pounds per week for the months December to March; 75,000
                  pounds per week for April and November; and 100,000 pounds
                  per week for the months May to October. There are no,data
                  to directly determine the split of these gross landings
                  among the three major species of cod, haddock, and floun-
                  der, so we have used the annual average catch composition
                  for Gloucester (which is available from NMFS) as a good
                  approximation. Thus, we assume the-gross landings of
                  groundfish in Newburyport/Salisbury to be composed of
                  13% haddock, 62% cod, and 25% flounder.

                       The NMFS data on monthly price averages ex-vessel
                  indicate that in recent years the December through March
                  prt6e has been 15.7% above the annual average, the April
                  and November price 10% above the annual average,,and the
                  May through October price 14.1% below the annual average.
                  The annual average price for Boston in 1976 was $0.309
                  per pound so, allowing for the usual $0.05 per pound dif-
                  ferential between Boston and Newburyport/Salisbury, the
                  1976 annual average price tor cod in the study area was
                  $0.259 per pound ex-ves,sel. Applying the same differ-
                  ential to Boston prices, the apparent annual average-price
                  in the study area for yellowtail flounder was $.402 per
                  pound and for haddock, $0.386 per pound. Then, applying
                  the catch composition assumed from the Gloucester data,
                  the annual price fluctuation assumed from the Boston cod
                  data, these deduced annual averageprices, and the New-
                  buryport/Salisbury landings reported by the fishermen,
                  the ex-vessel value of groundfish landed in the Merrimac
                  can be shown to be approximately $1.25 million per year.
                  A similar exercise for local boats that land their catch
                  elsewhere  shows that an additional $70,000 worth of fish
                  is landed bv the Present fleet.

                       Local boats  that fish commercially for lobster
                  (there are many people who fish for lobster for their

                                             148

                own use) account for some $60-70,000 per year ex-vessel.
                The local swordfish fleet fishes for about 5 months at
                10,000 pounds per week and an ex-vessel price of $1.402
                per pound for a total value of $304,000 per year. These
                same boats also fish for and land some 24.00 pounds per,
               .week of scallops for six months and, applying a positive
                $0.175 per pound differential to the New Bedford price,
                get an average price of $2.10 per pound for total ex-
                vessel value of $131,000 per year. The tuna catch value
                is more difficult to evaluate since the price can vary
                between 30r,% per pound and over $2.00 per pound in the
                course of the June - S eptember season,,and the price is
                not reported by NMFS. Likewise, boats from the Merrimac
                may land their catch at Newburyport, Gloucester or
                Provincetown and may sell either to private dealers or
                through the cooperative. Based on our interviews with
                people.involved in the tuna market, however, we estimate
                the,annual value of tuna landed by Merrimac boats at
                $325,000.

                     The Merrimac party boat fleet has about 250 spaces
                available collectively and the various boats sometimes go
                on full day trips, sometimes on two.half-day trips, and
                occasionally on evening or overnight trips. Occupancy
                varies over the week and the season, but our best esti-
                mate of occupancy is full for two full day trips at $13
                per head and half-full for ten half-day trips at $6 per
                head for gross weekly income of about $14,000. Some
                boats operate for nearly a seven month season, but on
                average a 24 week season  seems more realistic, for an
                annual gross of about $335,000 for head fees alone.

                     The number of boats in the charter fleet is variable
                since many boats are on charter one day and fishing com-
                mercially the next. Our best estimate is that on any
                given day in the summer there are an average of four

                                           149

                 .boats on charter at $200 per day for gross weekly income
                  of $5600 per week. Allowing a 20-week season, the gross
                  annual income from charters is1then about $110,000.

                      There is one local firm that exports live eels  to
                  Europe, but the vast majority of the nea rly 2 million
                  pounds handled in 1976 were imported from Canada.' None-
                  theless, some 50,000 pounds or more were trapped in the
                  Merrimac itself at a reported.per -pound nrice of $0.40
                  for an annual value of $20,000 of local production.
                  Finally, by applying the average prices for moorings and
                  slips to the estimated number of spaces in the Merrimac,
                  we estimate that the marinas and clubs in the area gross
                  some $115,000 per year from these fees.

                       Adding all of the foregoing together, we get a total
                  of some $1.65 million as the easily accountable economic
                  impact of the harbor per year. This does not include any
                  of the expenditures of local or visiting recreational
                  boaters for ice, fuel,.bait, ramp fees, fishing tackle,
                  marine hardware, or the other direct costs of recreational
                  boating. A very conservative estimate of the number of
                  boats using the harbor is 1000 for a 20-week season. If
                  each of these spends only $25 per week, again a very con-
                  servative estimate, then the first level contribution to
                  the local economy is $500,000 per year. In addition to
                  these operating costs, there are also the costs of pur-
                  chasing and maintaining the boats and the money spent lo-
                  cally by non-local harbor users for food, accommodations,
                  entertainment and general shopping.

                       One of the most significant.contributors to the local
                  economy is at present inactive, and that is the extensive
                  clam flats on both sides of the river. When both commu-
                  nities complete their new sewage treatment plants, the
                  clam flats will be able to be reopened and will very
                  quickly be producing some 50,000 bushels per year of

                                            150

               soft shell clams with a wholesale value of about $1.25
               million.

                    Thus, one can see that the lower bound contribution
               of the harbor to the local economy is in the vicinity of
               $3.5 to $4.0 million per year. When all non-direct ex-
               penditures are included, the total could well rise to
               $5 million. We do not wish to overemphasize*the economic
               importance of the harbor nor to claim quantitative accu-
               racy for these estimates because the data are scarce and
               our assumptions are open to discussion. Nonetheless, we
               do feel that the qualitative conclusion is clear that
               the'harbor is a very important part of the local economy,
               and growth in the harbor can significantly affect the
               overall growth of the two communities.

                                         151

                 CHAPTER VIII: CLAM AND MUSSEL HARVESTING

                       The Merrimac River tidal flats are one of the richest
                 shellfish producing areas in the Commonwealth. Some would
                 go even further and claim that the production capabilities
                 of this harbor, in yield per acre per year, are without
                 equal anywhere in the country. Unfortunately, the clam
                 flats on both sides of the river are closed.because of
                 gross contamination of the flats themselves and the over-
                 lying water, and this potentially great local resource is
                 presently unutilized.

                       Not surprisingly, there is  -considerable local concern
                 about the problem, both in official and industry circles
                 and among the general population. This concern is
                 heightened by the ironic fact that the state's only shell-
                 fish purification plant, and one of the few in the world,
                 is located within the City of Newburyport at Plum Island..
                 This fact also causes considerable confusion about the
                 reasons behind the closure of the local flats and the
                 prospects for their ultimate reopening.

                       This particular aspect of the shellfish situation,
                 closed flats in proximity to a treatment plant, is unique
                 to the study area. The larger questions of why some       flats
                 are open and others are closed and how much and what     kinds
                 of pollution can be tolerated are*, however, germane to many
                 small harbors in the Commonwealth. It is hoped that this
                 brief discussion will illuminate the situation somewhat as
                 well as indicating the kinds of steps that can be taken to
                 permit harbor communities to take full advantage of the
                 resources available to them.

                       Like other fisheries in  the area, clams and mussels
                 have been harvested in the Merrimac since long before the
                 arrival of the first European settlers. Shell heaps

                                             153

                   indicate that the Indians used them,for food and local
                   history indicates that the settlers also used them as
                   food, though not necessarily a food of choice  -in the
                   seventeenth century. Shellfish harvesting did not become
                   a really'important local industry until the late eighteenth
                   and early nineteenth century when shucked clams came into
                   demand as bait for offshore groundfishing on longlines.
                   This continued to be the main market for local clams until
                   the mid-nineteenth century when clams became more popular
                   for food, both locally and in the Boston market.

                        By the beginning of this century, ther  e were some 125
                   men employed in the local industry and over 500 gallons per
                   day of shucked clams were being produced, many of them for
                   the Boston market, but some also going to the summer hotel
                   trade in Portsmouth, York, and Hampton to the north. The
                   price of clams in Boston at that time was about one dollar
                   per gallon and a good shucker could approach a production
                   rate of nearly one gallon per hour. Over a 10-hour day, he
                   could-dig and shuck up to five gallons and could earn $12
                   to $14 per seven-day week, quite a good wage for the time.
                   (This and much of the other historical information in this
                   chapter are taken.from Reference.(l) below.)

                        Though no firm data are available for this period on
                   overall production rate of the local clam flats, indirect
                   indications are  that annuallproduction may have been of the
                   order of 100,000 bushels.   Whatever the maximum production
                   rate, however, it declined  markedly during the first two

                   (1)  William C. Jerome, Jr,., et al: "A Study of the Marine
                        Resources'of the Merrimac River Estuary"; Commonwealth
                        of Massachusetts, Department of Natural Resources
                        Monograph Series; Number 1; June,_1965.

                                            154

                 decades of this century and pollution became an increasing
                 problem. In 1925 the local flats were closed to digging
                 for human consumption and remained closed until 1928 when
                 the City of Newburyport opened the Shellfish Purification
                 Plant on Plum Island to treat clams from the local area.
                 Meaningful records are not available for the early years
                 of this plant, but in 1935 the plant treated some 23,000
                 bushels of clams. As more areas were closed to clamming
                 even with treatment, however, this figure declined rapidly
                 over the next decade until all flats were closed in 1945.
                 Very limited local harvesting was possible for intermittent
                 periods on the Newburyport side until the flats were fully
                 closed about five years ago, but production has been insig-
                 nificant since 1945 (e.g. eight bushels in 1951, 105 in
                 1958, 1514 in 1956), and amounted to only 10,567 bushels
                 for the entire period 1950-1964. The Salisbury side has
                 been closed entirely since 1949 and the Newburyport side
                 since 1972.

                      Since 1961, the Shellfish Purification Plant has been
                 operated by the State Division of Marine Fisheries and
                 handles all Massachusetts clams that require depuration
                 (purification).

                      Soft shell clams are the only commercially important
                 shellfish harvested locally, though there are extensive
                 mussel beds as well. The market for mussels has historic-
                 ally been'limited to only a few ethnic groups, though
                 attempts to develop wider markets are showing some success,
                 at leastin restaurants. At present, however, clams are
                 the only species of commercial interest.

                      Both species are filter feeders in that they obtain
                 food by filtering huge quantities of water through their
                 gills and straining out the suspended nutrients. In so

                                          155

                   doing, they also strain and concentrate any viruses or
                   bacteria present in the water. If the water contains
                   bacteria or viruses capable.of causing disease in hu-
                   mans then the shellfish become unfit for human consump-
                   tion. A large number of such, organism type s occur in
                   human waste and can pass into the water overlying the
                   clam flats if.sewage containing sanitary wastes.is dis-
                   charged with no treatment or with only parti-al treatment.
                   As we shall see, that is the major problem, though.not
                   an insoluble one, in the study area and probably in many
                   other smali harbors as well.

                        Because the clams are filter feeders, the process by
                   which harmful organisms are concent rated in their bodies
                   is, to a degree  reversible and this fact is the basis of
                   the shellfish purification process, or depuration. Clams
                   that have lived in a moderately contaminated environment
                   can be induced to purify themselves if they are-placed in
                   a near sterile environment and their natural feeding be-
                   havior used to,essentially "wash out" the harmful organisms
                   in their bodies. The process is deceptively simple,, but
                   can only be used on clams from areas classified ag
                   r1moderately contaminated." Clams from "grossly contamina-
                   ted" areas such as the Merrimac are not suitable for depura-
                   tion.

                        Clams from moderately contaminated areas are dug in the
                   usual way and washed and boxed. They are then brought by
                   the digger to the plant at Plum Island. At the plant they
                   are placed in large, open depuration tanks containing re-
                   circulating clean and sterile seawater. In yet another
                   paradox, this water is taken from the Merrimac River near  its
                   mouth, but it is drawn into the plant only on the rising
                   tide so it is in fact clean seawater and not river water.

                                            156

                The water is sterilized and its sterility maintained by
                recirculating it through a closed chamber containing ultra-
                violet lamps. The intense ultraviolet light.kills all
                entrained organisms in the water. The shellfish filter the
                sterile water and excrete the contaminating organisms they
                had collected 'in their natural environment and these or-
                ganisms are then killed by the ultraviolet light as the
                water circulates through the sterilization chambers. if
                the clams are not too contaminated initially, then after
                several hours of this treatment, the bacteria count will
                drop to tolerable levels and the clams become suitable for
                human consumption.

                     Before discussing the numerical standards of the pro-
                cess, we should point out that all of the standards are at
                present based on the concentrations of coliform bacteria.
                As we have noted, there are many harmful organisms present
                in human waste and raw sewage, such as hepatitis, typhus,
                typhoid, and various forms of dysentery and cholera. For
                most of these, there are no tests for presence of the,
                organisms that are both simple enough for routine use in
                conjunction with a daily shellfish monitor  ing program and
                yet reliable enough to protect public health. While direct,
                evidence of the presence or absence of these,organ   .isms is
                not readily available, an excellent indirect measurement is
                possible by testing for the presence of fecal coliform bac-
                teria. This test is relatively easy to perform and has been
                shown to be a reliable indication of pollution. Noneth6-
                less, since it is indirect rather than direct, the Depart-
                ment of Public Health prohibits shellfish harvesting in
                certain areas, regardless of the fecal coliform test results,
                if gross pollution is evident.and therefore gross shellfish
                contamination by infectious pathogens is highly probable.

                     Against this background, we can now review    briefly the
                public health factors that restrict, control, or prohibit

                                          157

                    the harve.sting,,treatment, and sale of shellfish (soft
                    shell clams) in Massachusetts. The first test a clam flat
                    must pass is a sanitary survey in which the overlying water
                    and its tributaries are surveyed for gross pollution pro-
                    blems. Direct discharge of raw sewage into such waters
                    will result in the area being closed as will discharge of
                    inadequately treated sewage or the presence of a combined
                    sanitary and storm sewer system that permits raw sewage to
                    bypass the treatment plant. Again, the reason for closing
                    an area such as Newburyport and Salisbury solely on the
                    basis of the sanitary survey is that the only test current-
                    ly available is for coliform bacteria and this is only a
                    proxy or indirect indication-of the presence of other
                    serious pathogens such as viral hepatitis.

                         If an area passes the sanitary survey, the next steps
                    are tests of the overlying waters and the shellfish meat
                    itself. In.,these tests, the coliform bacteria "count" is
                    based on the number of culture colonies that grow in a
                    culture medium over a 24-hour period. A complete definition
                    of bacteria count would require a full discussion of the
                    testprocedure, which is not really germane to the discus-
                    sion at hand, so we will simply refer to the numerical
                    values without further explanation as a quantitative indi-
                    cation of the relative position of clean, restricted, and
                    grossly contaminated clam flats.

                         When the overlying waters of a clam area are tested
                    and show a coliform. count of 0-70, the area is classified
                    as clean and unlimited harvesting of clams is allowed.
                    "Unlimited" here refers to regulation for public health
                    purposes at the state level. The local municipality may
                    still elect to restrict harvesting purely from a shellfish
                    .management point of view. If the bacteria count for the
                    overlying waters is in the range of 70-700, the area is

                                             158

               .classified as mo.derately contaminated and only restricted
               harvesting is allowed with subsequent depuration at the
               Plum Island Plant required. If the count for the overlying
               waters exceeds 700, the area is classified as grossly con-
               taminated and no clam harvesting is allowed.

                    The third criterion relevant to the clam flats them-

               selves is the count for the meat of untreated clams. If

               the count for meat taken from a clean or restricted area
               exceeds 1600, the area is immediately closed and  a sanitary
               survey conducted to determine the cause. Typically, the
               reason for a sudden jump in the meat count is a sewage sys-
               tem disfunction that introduces a.point source discharge to
               the area. When the cause. is found and repaired, or if no
               evident cause can be found, the area's water and shellfish
               are retested until they meet standards and the'area can be
               reopened. It should be pointed out that a high count for
               clams ostensibly taken from a previously clean or only
               moderately contaminated area can be, and apparently has
               been, caused by a digger intentionally mislabelling clams
               illegally dug in a closed area.

                    Clams from restricted areas are treated at Plum
               Island by the process outlined earlier., The process is,
               as we shall see, quite effective but its effectiveness is
               .highly dependent on the oxygen content of the depuration
               water., The oxygen content goes down'as the water tempera-
               ture goes up, so the process is least efficient in summer
               when demand for the plant's services is highest. A water
               cooling system would be a valuable addition to the plant's
               facilities.

                    Each lot of clams is tested for coliform bacteria,
               but it is important to note that the test itself takes
               24 hours. Any lot of untreated clams with a "score" over

                                        159

                   1600 requires that the Department of Public Health be
                   notified and the harvesting area is then closed as noted
                   above. With an untreated score over 1000, the lot must
                   be tested again after 24 hours of treatment. If the
                   untreated score is less than 1000, then the lot is treated
                   for a total of 48 hours (the minimum) and then released to
                   the digger with no further resting required.

                       For lots of clams with a raw (untreated) score of
                   over 1000, an additional test is taken after 24 hours
                   treatment. If this 24-hour score is below 500, then the
                   clams may be released to the digger at the end of 48 hours
                   total treatment with no further testing required. If the
                   24-hour score is over 500, then an additional test must be
                   conducted after 48 hours of treatment. If this 48-hour
                   score is below 230 (the market standard according to
                   Federal regulations), then the clams can be released to
                   the digger immediately. (Note that, because the test it-
                   self takes 24 hours, clams that require and pass a 48-hour
                   test will, in fact, receive 72 hours of treatment before
                   being released; clams that require a 72-hour test will
                   actually receive 96 hours of treatment; and so on.) If the
                   48-hour score is over 230, then a 72-hour test is required;
                   if still over 230, then a 96-hour test is required; and if,
                   the clams don't pass the 96-hour test, they are seized and
                   destroyed. In fact, clams treated for more than 96 hours
                   are not really marketable because of taste and appearance,
                   anyway, so a lot that doesn't pass its 72-hour test is lost
                   to the digger for all practical purposes, and further treat-
                   ment and testing is usually not worth the bother.

                        In addition.to these standards for each lot,  the plant
                   itself must meet performance standards. It must conduct
                   four 24-hour tests and four 48-hour tests each week, whether

                                            160

                 required by the  count on individual.lots, or.not. The
                 reason for this  requirement is simply to monitor the per-
                 formance, of the process and the plant itself. Though any
                 given lot must  only-meet the market standard of 230 to be
                 released to the digger, the plant itself must,.over the
                 .long 'run meet a standard of 130 or less in 90% of all
                 lots treated,and released. Also over the long.run, the
                 median of all lots treated must be less than 50. As an
                 indication of just how efficient the process really is,
                 the actual performance of the plant for 1974 and 1975
                 shows that 99,% of all lots treated were released with a
                 score less than 130 and the median of all lots treated was

                 17. This is all.the more remarkable when one realizes
                 that the test cannot discriminate scores below i7, so the
                 actual median is.somewhere between zero and 17 for the
                 per iod in question.

                      Returning to the study area, all of the flats in the
                 Merrimac Harbor, some 600 or more acres of highly produc-
                 tive cl'am flats, are classed as grossly"contaminated and
                 all harvesting is prohibited. The main reason for this is
                 the sanitary survey, but the flats fail the numerical tests
                 as well. On the Salisbury side there is at present no
                 sewage treatment at all. Though many parts of the town
                 have septic tanks rather than a sewage system, the Salis-
                 bury Beach area is tied into a combined storm and sanitary
                 sewage main that discharges directly into Black Rock Creek
                 which, in turn, feeds into the Merrimac Harbor. Though
                 there is a pumping station near the discharge point, there
                 is no holding capacity and the sewage cannot even be held
                 back for an outgoing tide when its effect on the harbor
                 could be minimized.

                                           161

                       In summer, the Salisbury problems are further'exa-
                  cerbated by the State operated reservation that has an
                  extensive campground for trailers and campers plus a
                  large bath house. All sewage produced here is sent
                  directly into th6,Town main without treatment and is
                  probably the ma jor contributor to pollution in the harbor
                  in summer.

                       Newburyport has a sewage treatment plant, but it is
                  only a primary plant and is only partially operable. It
                  is better' than straight raw discharge but only'marginally
                  so. Most of Newburyport is tied into a municipal sewer
                  system, parts of which are over a century old, but in
                  several areas of the City storm and sanitary sewers are
                  interconnected. During very light'rain, the increased flow
                  is@ just barely manageable by the treatment plant; but dur-
                  ing any heavy runoff part or all of the plant must be by-
                  passed, allowing the combined storm water and sanitary
                  wastes to go into the river untreated.

                       Aside from these obvious and visible shortcomings   on
                  both sides of the river,@the coliform tests alone would
                  require the flat s to be closed. Scores of coliform tests
                  for overlying waters on the Newburyport side have  been as
                  high as 3000 over the past year - over four times the
                  allowable maximum for moderately contaminated areas. Tests
                  on clam meat have resulted in scores as high as 30,000 on
                  the Newburyport side and 130,000 near Black Rock Creek on
                  the Salisbury side. Though these dramatically high bac-
                  teria counts are individual tests and not averages, they
                  nonetheless serve to underscore the fact that the Merrimac
                  clam flats are indeed grossly contaminated.

                       Thesituation is far from hopeless, however. Both
                  communities have received Federal funds through state

                                           162

                channels for sewage treatment plants    a new one in
                Salisbury and extensive improvements to the existing plant
                and collection system in Newburyport. Both of these pro-
                jects shouldbe complete by late 1979 to mid-1980, by which
                time all of the upriver plants will also be on line. Once
                these plants are put in operation, experience in other lo-
                calities indicates that the clam flats can be opened to
                restricted harvesting within a matter of weeks or a few
                months at worst.

                    The Potential economic impact of these clam flats is
                substantial to say the least. Earlier in this report we
                have used a very conservative estimate of $1-1.25 million
                per year as the wholesale value of clams that could be
                harvested locally, but the potential is actually much
                greater than that. The figure of $1 million is base d
                simply on a harvest of 50,000 bushels at a wholesale price
                of $20 per bushel and was intentionally chosen as a lower
                bound in the interests of conservatism.

                    Less conservatively, however, we can consider that
                the local flats have probably produced as much as 100,000
                bushels per year at the turn of the century. We can't
               ,know for sure if this figure is correct or if all.of the
                producing flats at that time are still available. None-
                theless, the Merrimac@River Estuary Study in 1964 esti-
                mated, based on field samples, that the 218 acres of
                Salisbury flats had 27,000 bushels of harvestable clams;
                the 530 acres of Newburyport had 43,000 bushels of har-
                vestable clams;.and the 5 acres of the Town of Newbury had
                'some 4,000 bushels of harvestable clams. These samples
                were taken at a time of very limited digging in a few re-
                stricted areas of the harbor and it was found that the
                samples taken from flats that were being dug were actually

                                        163

                   greater, i.e. more harvestable clams per unit area, than
                   from flats that.were closed due to pollution. This has
                   apparently been observed in other. clam areas as well and
                   indicates that clam flats that are being worked by digging
                   are more productive than flats that are unused. It is
                   also possible to open more area to clam growth by removing
                   eel grass, so, while an annual production potential of
                   100,000 bushels is clearly highly optimistic, it.nonethe-
                   less remains within the realm of possibility.

                        In terms of local income; the actual price for soft
                   shell clams in the shell has been about $30 per bushel in-
                   mid-1977. Shucked clams are about $28-30 per gallon.
                   Thexe,is no definitive conversion factor of bushels of
                   clams to gallons of shucked clams since the yield will
                   vary not only with the.average size of clams but also with
                   the area where they are harvested, but a reasonable range
                   is one-and-one-quarter to one-and-one-half gallons of
                   shucked clams per bushel of clams in the shell. As a       very
                   optimistic guess of the income potential of the local      clam
                   flats, 100,000 bushels per year h  arvested, with half of
                   that sold shucked could.produce a total local income well
                   in excess of $3 million per year. When one compares       this
                   optimistic estimate with the current value of finfish,
                   taken locally, less than half that, it is clear that the
                   investments in improved sewage treatment plants     will have
                   impacts far beyond mere aesthetics.

                                              164

               CHAPTER TX:   ASSESSMENT OF LOCAL  COALS AND OBJECTIVES

               IX.1 Interviews

                    While the foregoing   chapters have discussed the
               characteristics and needs of small harbors in general,
               the model harbor of Newburyport/Salisbury as well as any
              ,other small harbors which may undertake development
               activities must  each be considered in view of its own
               particular characteristics and needs. Physical and
               economic factors are clearly important in such develop-
               ment planning, but perhaps equally important is the
               community outlook with respect to the harbor and other
               local goals and objectives. Recognizing that any
               development plan, regardless of how sound it might be
               in any engineering or economic sense, would be of no
               value and have little prospect of ultimate implementa-
               tion if it were not totally consistent with local goals
               and objectives, the earliest activities of the study
               team were directed toward ascertaining the community
               temper with regard to the harbor, its current use, and
               its  future development. The mechanism for measuring
               this temper was an   extensive series of interviews with
               various members of  the community whose interests were
               impacted'by the harbor.

                     Though the interviews were extensive, they were
               purposely kept informal for a number of reasons. First
               was the belief by the consultant that formalized inter-
               views or questionnaires, whi  le undeniably useful for
               certain stati stical purposes, are somewhat dry and tend
               not to reveal the so-called soft data, the thoughts and
               ideas behind the words, that are necessary to an evalua-
               tion such as this. There was also a concern that the
               reticence and closeness, of community that is usually
               attributed, rightly or wrongly, to New England fishermen-
               in the face of "one more study" might become especially

                                           165

                  pronounced in the extremely small fishing community in
                  the study area. The size of the two communities raised
                  similar concerns and, coincidentally, the small size of
                  the communities and the fishing population also made it
                  possible to use the informal interview vehicle rather
                  than a formal questionnaire. (Later in the study,
                  questionnaires were used in an attempt to elicit more
                  quantitative information-from both recreational and
                  commercial harbor users in order to better define the

                  current status of the harbor. While that effort was
                  quite successful-in the case of the commercial fishermen,
                  possibly because it was preceded by these mutually
                  informative informal interviews, it was quite unsuccess-
                  ful in the case of the more general boating public..
                  These questionnaires and their results will be presented
                  in the next secti.on).

                       We began by interviewing fishermen and tried to ask
                  as few questions as possible but rather to listen care.-
                  fully as their views and opinions were expressed and to
                  take copious notes. This approach was admittedly time
                  'consuming and frequently required going'back to some of
                  the interviewees. for clarification or further information,
                  but in the end the study team was able to get rather a
                 'good feel for what the major concerns were and how they
                  could be approached. Not surprisingly, the opinions and
                  "data" collected from different individuals and different
                  interest groups were frequently contradictory but the
                  method of collection permitted the study team to have a
                  fairly good basis on which to form reasonable judgements,
                  admittedly still subjective, as to which of a  pair of
                  contradictory views was either more correct in an absolute
                  sense or more representative of community views.

                                            166

                     From the interviews with fishermen, a pattern
                quickly emerged to show that their major concerns were
                in four area s - a dock to unload their catch, a supply
                of crushed ice to preserve the catch, a means of protec-
                tion from floe and sheet ice in the winter, and improve-
                ments to the navigational channel at the mouth of the
                river. There were also concerns expressed about the
                marketing mechanisms available to them and the related
                issue of a lack of suitable cold storage in the area but,
                in view of the rather large impact these two issues can
                have on income, the fishermen seemed in general to have
                less concern for these two issues than the four mentioned'
                above. One suspects that the relative importance of the
                various issues may well have been heavily influenced by
                the time of year when the interviews were conducted,
                during an especially severe winter characterized by heavy
                ice on the river and high prices for the catch.

                     The lack of an unloading dock was mentioned by nearly
                all fishermen as a major personal problem for them'and a
                major obstacle to further growth of the local fishing
                industry. There is, of course, no publicly owned fishing
                pier in either community nor is there any privately owned
                dock devoted exclusively to handling fish. One of the
                larger marinas does make a substantial effort to service
                the fishermen in this way and, in winter, the handling
                of fish is.a major part of its business. It is, however,
                primarily a recreational marina and during the warm months
                the overwhelming majority of its business is involved
                with party boats, charter fishing boats, and servicing
                recreational boating. During theselmonths, the fishermen
                are, at least according to them, given low priority on
                dock space and services even to the point of having to
                interrupt unloading operations to make room for a party
                or charter boat. There are three other marinas that also

                                         167

                   do some fish handling but, again according to the fisher-
                   men, on essentially the same basis. The marinas on the
                  @Newburyport side have deep water and at least the distance
                   from the pierface to the truck, scales, and cranes is
                   manageable. The Salisbury side, however, has the further
                   problem that the' marinas are adjacent to relatively
                   shallow water and consequently the fish that is handled
                   has to.be moved manually from the boat over a relatively
                   long pier to the trucks in the marina parking lot.
                   Partly because of this lack of a proper and dedicated
                   unloading dock, at least some boats owned and operated
                   by area residents regularly steam to other ports, most
                   notably Gloucester, to unload and sell their catch.
                   Though one cannot say that this is due only to the lack
                   of unloading facilities in Newburyport and Salisbury, it
                   is clearly a major factor.

                        The lack of a local supply of ice for preserving
                   and shipping the catch was also frequently mentioned as
                   a major drawback. At present, a local fishermen is faced
                   with several unpalatable choices with regard to the ice
                   problem. He can use no ice.or less than he really should.
                   This is frequently'the choice made in winter but if the
                   fish are not properly iced in the warmer months, the
                   fisherman can either lose part of his catch outright to
                   spoilage or receive a substantial reduction in ex-vessel
                   price because of partial deterioration. The second choice
                   is to buy ice from the limited local supplies. The problem
                   is that the only local distributor is engaged primarily
                   in selling block ice and ice cubes cut from block for home
                   use, bars, restaurants, and the like.' He can meet some
                   of the needs of the fishermen by shaving block ice but he
                   must charge a price that reflects both his high cost
                   structure and his high priced alternate markets. The
                   result is a price per ton that is about double the going

                                            .168

                rate for fish ice in the ports that have it. Those ports
                present the third alternative to the local fishermen and
                the only really viable one at present. Both Boston and
                Gloucester have large supplies of ice for fishermen at
                reasonable cost as does Portland to the north. Because
                of distance, Portland is out of the question so the local
                fishermen usually steam to Gloucester to ice down or ship
                the ice in by truck from Gloucester or Boston. Both
                sources involve considerable cost and inconvenience,
                reducing the profitability of the fishing business and
                reducing its attractiveness as a means of livelihood.

                     The third major concern of the fishermen is the      floe
                ice and shee t ice on the river during the winter months
                and the early spring. This is the major reason that many
                locally based boats are either taken out of the water
                during the prime winter season or are moved to other ice-
                free harbors. Ice floes of.several tons are not uncommon
                on the Merrimac and they have been extremely damaging to
                both boats and fixed structures on the waterfront. The
                ice can come downriver on the outgoing tide but the
                problem can be just as severe, and sometimes worse, coming
                upriver on the incoming tide. This upriver ice movement
                can arise either by upriver floes getting trapped in the
                eddies near the harbor mouth and then moving upriver
                again on tide reversal or by sheet ice from the extensive
                tidal marshes. One of the most severe icing conditions
                in recent years occurred in early winter when there was
                a heavy, wet snowfall during the tidal ebb, accompanied
                by rapidly falling temperatures. The wet snow froze on
                the exposed marshes and then was lifted and carried up-
                river by the rising tide with rather disastrous results
                for several marina structures and boats, especially the
                former. During periods of very heavy ice flow, the boats

                                           169

                   are usually protected by either mooring to one of the--
                   nearby bridge abutments, the more common tactic, or by
                   staying under power and maneuvering to avoid the largest
                   and most'dangerous floes. Either tactic means, unproduc-
                   tive time on board and requires a bit of foresight as
                   well., Even so, several boats were severely damaged in
                   the Merrimac during the course of this study and at least
                   two were sunk by ice damage, though they were subsequently
                   refloated. It should be noted parenthetically that
                   surprisingly few of the wooden boats attempting to
                   operate in the Merrimac year round are equipped with wood
                   sheathing to protect them from ice damage to the hull
                   itself. One assumes that this is just one more manifes-
                   tation of the fact that small boat commercial fishing is
                   an intrinsically capital-shy business..

                        The.navigational-channel at the mouth of the
                   Merrimac is almost legendary among nearly all local
                   residents,.both fishermen and non-fishermen, boaters and
                   non-boaters. Scarcely any local boat operator doesn't
                   have at least one hair-raising tale to tell about nearly
                   broaching or pitchpoling while trying to enter the river.
                   (In January of-1977 one of the small U. S. Coast Guard
                   cutters stationed at the Merrimac River Station went out
                   to attempt to1end assistance to the tanker Chester Poling
                   as it was breaking up and sinking in a storm and was
                   unable to re-enter the Merrimac at the completion of   its
                   mission. It was nearly lost itself and eve ntually had
                   to seek refuge in Portsmouth.) The mouth of -the Merrimac
                   is formed by two nearly parallel jetties extending nearly
                   due east. The channel between the jetties is narrow and
                   subject to both shifting and shoaling. During a north-
                   easterly"blow with high seas, the sea can and does break
                   over the north jetty; but the.worst situation occurs
                   with an easterly wind and an outgoing tide near its ebb.

                                            170

                 Under such ci rcumstances there can be breaking waves
                 over the shoal, the inner bar, in the main navigational
                 channel. In such circumstances even the largest and .
                 most seaworthy boats with the most experienced skippers
                 are well-advised to wait outside the river for the turn
                 of the tide if at all possible. Even in less severe
                 conditions, most experienced Merrimac River boaters
                 usually avoid -the outer part ofthe main channel and
                 instead follow a course close by the north jetty which
                 presents obvious hazards of its own. In all seasons, the
                 north jetty is nearly submerged at very. high tide and
                 the lack of a light or even a radar reflector at the
                 jetty end can make  it difficult to find in any conditions
                 of reduced visibility. The U. S. Army Corps of Engineers
                 regularly p erforms maintenance dredging of the mouth of
                ,the Merrimac but it remains a very dangerous channel
                 nonetheless. Most boating publications make note. of      this
                 and it undoubtedly reduces the summertime cruise traffic
                 that could be a meaningful addition    to the area's substan-
                 tial summertime tourist trade. The     Corps of Engineers
                 is currently investigating means of    providing a long term
                 solution to this problem by means of its Merrimac River
                 Basin Model at the Corps testing station in Vicksburg,
                 Mississippi, but any solutions that are found will be
                 very costly and will require several years to work through
                 the usual funding process, if indeed they are deemed to
                 be economically feasible at all.

                      Though the fishermen did express a good deal of
                 concern about the marketing of their catch, there seemed
                 to be neither the depth of feeling nor the near-unanimity
                 ofconcern that was evident in the issues already discussed.
                 One assumes that this was mainly because ex-vessel prices
                 were quite high during the period of the study and yet
                 changes in the marketing method present the greatest

                                            171

                  opportunity for directly affecting the real income of
                  the fishermen. One cannot say that there is at present
                  any marketing system for fish landed in either Newbury-
                  port or Salisbury. Rather there is an almost random
                  collection of two-way-deals, ad hoc arrangements, and
                  unstructured common practices. This arises in part
                  because of the nature of the people fishing. There are
                  really very few full-time year,round fishermen on either
                  side of the(river. There,are quite a few more who are
                  full-time fishermen for a significant part of the year
                  or who fish regularly year round, but hold another land-
                  based job as well. At the other extreme of those landing
                  and selling fish, there are essentially recreational
                  boaters who happen to have an exceptionally good day
                  fishing and end up selling what they can't eat, freeze,
                  or give to the neighbors. There is also a full spectrum
                  of "vertical integration" ranging from those who sell
                  their fish at dockside to the marina operator or fish
                  dealer, to at least one fisherman who trucks his own
                  fish to Boston or Gloucester for direct sale to whole-

                  saleT,s.
                       There is no standard, but one of the more common
                  methods involves paying the dock owner a poundage fee
                  for landing the fish (usually $.03 per lb.), then paying
                  a trucking firm to move the fish to market (usually $.01-
                  $.03 per lb.. including shipping ice), then paying. .a
                  commission to a broker to sell,the fish at a price
                  usually pegged to the day's auction price at Boston Fish
                  Pior (usually $.02 below auc *tion and an 8% commission).
                  Aside from the several middlemen involved in all this,
                  the auction price of fish can be very volatile and swings
                  of a factor or two from one day to the next are not un-
                  heard of. The fishermen are concerned that there must
                  be a better way,'th.at they are paying too many middle-
                  men, and that they would like to be insulated from or
                  be able to take advantage of the T,@ide price swings in

                                            172

                the market,,but there seemed to be a certain amount.of
                vagueness as to exactly what should be done to improve
                things.

                     Contrast this with the other issues where they
                seemed to have very specific ideas as to where a dock
                should be, what facilities it should have, how much ice
                was needed, what should be done about floe ice, etc.
                The only idea in this area that seemed to have some
                general degree of acceptance was that a local cold storage
                capability would permit them to withold their catch from
                the market on days when prices were especially bad and to
                sell it a day or two later when.things would hopefully
                improve. Other than this, there seemed to be a rather
                general desire for a better deal on selling the catch
                coupled with a resentment towards the various middlemen,
                but without any concrete plans or ideas 'on how to improve
                things. This lack of specificity  about the marketing
                structure may spring in part from a less than comfortable
                attitude towards business matters.  One fisherman even
                went so far as to say in essence, " I know how to fish,
                but I don't know anything about business so I'll let
                someone else handle that for me".

                    Other than the fishermen, the  group with perhaps the
                strongest commercial interest in the harbor are the marina
                operators. In many ways, they as a group are,the exact
                opposite of the fishermen. They are, in general, both
                full-time employees of their businesses and the sole or
                major investors in their busjLnesses. Moreover, they are
                in a business with a relatively long term and stable growth
                pattern that has given the industry quite a good profit
                picture, though this is not to say that any one marina is
                necessarily a moneymaker. Because the majority of their
                assets are usually represented by the marina real property
                and associated equipment, they are very bankable and thus
                are not faced with the chronic capital shortness that

                                         173

                  characterizes the fishermen. They are viewed by the
                  banks and the community in general as stable, responsi-
                  ble businessmen in contrast to the corresponding view
                  of fishermen as poor businessmen, unstable in both their
                  business and personal lives. It should be pointed out
                  here.that no conclusion is being drawn except with regard
                  to the perception of these two groups by the banking
                  community. Whether that perception is a  correct one is
                  immaterial, but the effect it has on the two groups, as
                  far as their ability to contribute to harbor development
                  is-quite crermane.

                      The marina operators in general expressed great
                  concern that any State, City, or Federally financed harbor
                  improvements should not infringe on their business. They
                  would not, for example, like to see any publicly financed
                  or owned waterfront facilities that could either draw
                  substantial business from them or competitively reduce
                  the market price of the services they offer. On the
                  other hand, they would support any harbor development
                  plans that would generally increase the use of the harbor
                  by both commercial interests and recreational boaters
                  since this would increase the market'available to them.
                  As an example, nearly all marina operators expressed the
                  -view in common with the fishermen, that a long term
                  improvement in the mouth of the river is highly desirable.
                  The reasoning here is that the current situation with the
                  channel and bar dissuades most of the potential cruising
                  traffic from stopping in Newburyport or Salisbury for
                  fueling or provisioning, overhighting, or longer visits.
                  Similarly, boat owners from surrounding communities are
                  less likely to. berth their boats here because of the
                  limitations in schedule imposed by being able to cross
                  the bar comfortably only during certain times in the
                  tidal cycle.

                                            174

                     The operators would also like to.see more effort
                on behalf of the City or @some organization like the
                Chamber of Commerce to publicize the many tourist attrac-
                tions in the area in boating publications. They correctly
                point out that many standard cruising publications make
                no reference to the revitalized business district in New-
                buryport and  the attraction that holds to the cruise
                trade. The attraction of the area to such tourists will
                increase even more with the completion of the waterfront-
                park with its guest moorings and slips conveniently
                located just adjacent to the entire urban renewal area.

                     Those slips, by the way, are a major cause of concern
                to the marina operators. At present the City has no firm
                plans for those slips, or the mooring area in front of
                them, with reprd to use rules, fee structures if any,
                operational responsibility, maintenance, or policing and
                regulation. The.marina operators fear that the slips may
                become de facto.fre.e slips for local residents who choose
                to exercise "squatters rights" or that the City will set
                UP a no-cost (to the user) business in competition with
                their attempts to obtain cruise trade business. The
                currently operating public boat ramp at Cashman Park is
                frequently cited as an example of such public competition
                with private business. The ramp fee at the public ramp
                is $1.50, while most private ramps charge from $2 to $3
                per launch., It should be pointed out, however, that
                the services offered are not identical. At the public
                ramp, the user obtains the right to launch his boa   't him-
                self and a place to park his car and trailer and that's
                all. At the private ramps, the owner gets assistance in
                launching and retrieving his boat and can purchase
                supplies such as bait, ice, fuel, food and drink, etc.
                Obviously, a segment of the public is willing to pay $.50
                to $1.50 more for such added amenities, but the existence

                  of a simple ramp service at $1.50 may effectively limit
                  the price that the market will bear for full service
                  ramps to something like the public ramp price plus a
                  service increment. In effect, when the City Council sets
                  the public ramp fee directly, they are also indirectly
                  setting the private ramp fees at the same time.

                      'Notwithstanding the concern that the boat slips at
                  the new seawalland waterfront park may compete with the
                  existing marinas, the operators also have at least some
                  ideas as to how the.new slips could help their business.
                  One idea is to have the City lease the slips to one of
                  the private marinas to be.operated as an extension of his
                  current business, though it is not clear whether the fund-
                  ing agency regulations would permit this. Another proposal
                  that has been advanced is to permit charter and party
                  boats, some operated by marinas and some by freelance
                  skippers, to tie up at the new slips for advertising and
                  display purposes, though not for loading and unloading
                  of passengers. Again, the permissibility of this under
                  the funding contracts for the new seawall and park is
                ,still unclear pending a formal ruling.

                       The position of the marina operators is perhaps best
                  summarized as a desire to see the general usage of the
                  harbor increased and made more attractive, especially to
                  non-local boater-s; an apprehension about new publicly
                  funded facilities that might compete with private marinas;
                  and an inclination to be associated with such facilities
                  should they be built nonetheless. With regard to the
                  second of these points, the consultants feel that those
                  marinasthat do service fishermen on a limited basis
                  would prefer not to lose that business to a facility
                  devoted exclusively to fishing, yet the amount of fishing,
                  business involved at present is not essential to-the
                  continued success of their operations.

                                           176

                     Relatively few interviews were conducted with the
                public at large, but in the few that were conducted there
                was a surprising lack of awareness of the existence of a
                fishing business in the area, or a substantial under-
                estimation of its size, and only a very general awareness
                of the current and potential contribution to local income
                from boating activities by non-locals and the very substan-
                tial numbers of non-locals who came here for charter or
                party boat fishing. There seemed to be a feeling that
                it would be good for the towns to encourage fresh fish
                sales and perhaps to have a premium seafood restaurant
                and fish market. Likewise, there is a general feeling
                that anything that attracts summer tourists is good for
                the local economy, and increased boat traffic was accepted
                as being in that category. There is also a good deal of
                public awareness of and pride in the revitalization of
                the downtown area of Newburyport and a feeling that the
                waterfront has been "left behind" and is out of step now
                with the contiguous areas. People seem to be anxiously
                awaiting the completion of the waterfront park and hope
                that other parts of the waterfront will be improved as
                well. Public access to all parts of the waterfront
                appears to be a major concern.

                    .The two areas where there did seem to be a more
                specific awareness were themouth of,the river problem
                and the fact that the clam flats on both sides of the

                river were closed due to contamination.. The mouth of the
                river is legendary even among non-boaters and people feel
                that "something should be done". There is a certain
                amount of confusion, though, among the Army's routine
                channel dredging operations, the frequently discussed but
                never implemented large capital dredging and jetty recon-
                struction projects, and the many proposals and discussions
                in the local paper about plans to control beach erosion
                on Plum Island. This latter issue has nothing to do, of

                                           177

                  course, with the harbor itself. On the shellfish issue,
                  local opinion is well aware that the local clam flats
                  have enormous potential for harvesting, but there is a
                  good deal-of public confusion as to exactly what is
                  wrong and how it can be corrected. Many people wonder,
                  for example, why clams can be brought from all over the
                  Massachusetts coast for depuration at the Plum Island
                  clam plant and yet the local clams can't be treated.
                  There is also a concern that the problem with the local
                  flats lies not with local sewage treatment, or the lack
                  of it, but with the sanitary and industrial wastes dumped
                  in the river upstream. Because of this confusion among
                  members of th e public and some officials in the study
                  area and the probability that persons associated with
                  other harbors may have similar misconceptions, the shell-
                  fish situation is discussed in some detail in Volume II
                  of this report.

                      Among those members of the public that own or other
                  wise have access to boats, there seemed to be fairly
                  general satisfaction with things as they are with the
                  notable exceptions of the conditions at the mouth of the
                  river and the marking and maintenance of the river channel
                  itself. These points are especially important to the
                  many sailboats on the Merrimac since they may draw more
                  water than the largest commercial boats and have difficulty
                  navigating at or near low tide. There are several areas
                  of the r.iver,.ostensibly within the channel, where suffici-
                  ent shoaling has occurred to present a hazard to navigation
                  to these boaters at slack tides.

                       Overall, it is the opinion of the consultant-that in
                  both communities of the study area there is significant
                  desire for harbor developments and improvements and that
                  there would be very broadly based support for the most
                  frequently mentioned development possibilities. Though

                                           178

                there are some competing points of view on some issues,
                fishermen versus marina operators for example, there
                also seems to'be a rather general sense of cooperative
                spirit that should permit most reasonable development
                plans to proceed relatively free of major controversy.

                                         179

                 IX.2      Surveys

                 IX.2.1    Survey of Recreational Users

                      Early in the study it was realized that it would
                 be useful for development planning purposes and for
                 later attempts to obtain funds for implementation to
                 have a quantitative indication of the level of harbor
                .use as well as related statistical data.    Among other
                 perceived potential uses for such data would have been
                 to strengthen the case for major harbor improvements
                 with the U.S. Army Corps of Engineers. It was hoped
                 that a quantitative statement of the very high level
                 of use of the harbor by both the commercial users and
                 recreational users could facilitate funding of needed
                 improvements, especially capital improvements near
                 the mouth, but also an improved program of maintenance
                 dredging of both the mouth of the river and the harbor
                 channel. In an attempt to obtain the desired data,
                 a boatowners questionnaire was prepared (Figure IX.2.1.1)
                 and, with the cooperation of the management of the
                 Newburyport Daily News, was published in the local
                 newspaper three times over a period of two weeks. The
                 questionnaire was accompanied by a news story explaining
                 the purpose of the questionnaire and some of the back-
                 ground of this study. Boatowners were invited to sub-
                 mit completed questionnaires to either of three-addresses
                 or to deliver them-in person. The news story also promised

                                            180

                                                                          Figure IX.2.1.1

                                              RECREATIONAL                HARBOR ITSERS'QUESTIONNAIRE

                                                  1 Boat Name                                       -Number
                                                  2) Owner
                                                  3) Street Address
                                                  4)City-or Town
                                                  5) Primary use of boat
                                                        Pleasure cruising or sailing
                                                        Non_commercial fishing
                                                        Limited commercial fishing (_finfish _shellfish      -  both)
                                                        Full commercial fishing      ( -finfish _shellfish -both)
                                                        Charter                   -Party
                                                        other
                                                  6) Propulsion
                                                        Power (HP-               _.Sail w/ auxiliary                 Sail only
                                                            Outboard                    Outboard
                                                            Inboard/outboard            Gas single screw
                                                            Gas single screw            Gas twin screw
                                                            Gas twin screw              Diesel single screw
                                                            'Diesel single screw        Diesel twin screw
                                                            Diesel twin screw
                                                            Other
                                                  7) Hull Material                 8) Dimensions
                                                        Wood                            Length overall                    Ft. -In.
                                                        Fiberglass                      Maximum beam                 -Ft.        In.
                                                        Aluminum                        Maximum abovewater height    -Ft.        In.
                                                        Steel                           Draft                        -Ft.    -   In.
                                                        Other                           Draftk*                      -Ft.    -in.
                                                                                     **For sailboats w/movable keel or
                                                                                       daggerboard, please show,both drafts
                                                  9) Summer storage                              10) Winter storage
                                                    __@Hooring                ----@Slip              __yet(Where please
                                                        ___Salisbury             __Salisbury
                                                        -Newburyport             ____Newburyport     ___Home or other dry storage
                                                            Plum Island Basin       Amesbury
                                                        -   Amesbury
                                                    -Yraller
                                                  11) If you trail your boat;
                                                            On average, how many times per summer do you put it in the water?_
                                                            What is the usual fee?-
                                                            What is the average waiting time putting the boat in?
                                                            What is the average waiting time taking the boat out?
                                                  12) If you moor your boat;
                                                            Do you own- or rent_ the mooring?
                                                            Do you have your own dinghy- or is tender service provided_?
                                                            What is the annual fee for the mooring?
                                                            How long have you had the same mooring?
                                                            How many days per year do you use the boat?_
                                                  13) If you use a slip;
                                                            What is the annual fee?-
                                                            How long have you had the same slip?_
                                                            Does it have 110 electric service?        Fresh water service?-
                                                            How many days per year do you use the boat?_
                                                  14)0ver the past year, how much do you estimate you have spent in Newburyport
                                                    or Salisbury on fuel_, bait., ice          _, hull.parts and materials
                                                    hull labor _, engine parts and materials              , engine labor       ?
                                                  15) During the past year, how many times have you gone through the jetties?
                                                  16) Please Indicate on the back the addition or modification to the harbor
                                                     you would most like to see  -
                                                  17) Also on the back, we would appreciate any other comments or suggestions
                                                     you may have.
                                                                                                   Thank you for your help.

                  complete co nfidentiality and madeit clear that re-
                  spondents could simply leave blank any information
                  that they did not wish to supply,for any reason at
                  all.

                       As a source of statistical data the questionnaire'
                  was, to put it bluntly, a complete failure. The news-
                  paper has a circulation of about 8000 in the study area
                  and surrounding commun'itie-s. We had made an educated
                  guess that there wer@ perhaps 1500 boaters in the area
                  and had hoped that a statistically significant percen-
                  tage of their owners would respond. In fact, less than
                  35 boatowners returned completed questionnaires. Several
                  possibilities present themselves to explain this poor
                  response and a brief consideration of them may prove
                  useful to other communities considering such a poll
                  as part of a harbor development planning process.

                       a) Taxes

                           Under Massachusetts 'law, excise taxes are levied
                       on boats based on their value,and the taxes are due
                       to the community in which the boat is located as of
                       January 1. In fact, there are various extralegal
                       ways to avoid excise taxes And apparently many boat-
                       owners saw the questionnaire as a possible source of
                       information to the local tax collector, our disclaimers
                       of confidentiality notwithstanding.  We had asked for
                       names and addresses on the questionnaire simply to avoid
                       double counting when cross checking with mooring re-
                       cords, but clearly future pollsters would be well

                                           182

                    advised to either not ask for name, addresses,
                    boat names, or boat numbers or at least to make
                    it very clear that such information was completely
                    optional.

                    b) Mooring

                         At present, the City and Town charge no fees
                    for placing a mooring in the harbor. (The only
                    mooring fees are those paid by a boatowner to a
                    marina for'rent of a mooring and the attendant
                    dinghy service. The local governments collect
                    no mooring permit fees). Nonetheless, we have
                    been told that at least some members of the boating
                    public saw this questionnaire as just a tricky
                    prelude to the levying of public mooring permit
                    fees. Again, the dropping of all requests for
                    identifying data should do much to alleviate such
                    fears.

                    0 Time of Year

                         The questionnaire was published in mid-winter
                    when few boaters are thinking very heavily about
                    their boats and when many non-local harbor users
                    are outside the circulation area of the.local paper.
                    Spring or summer would be a better time for a survey
                    like this and the newspaper survey should be suppor-
                    ted by questionnaires placed at each marina or other
                    gathering places for boaters.

                                        183

                      d) Convenience.

                           Each respondent had to address an envelope
                      and buy a stamp or hand deliver his response, This,
                      after having taken the time to prepare the ques-
                      tionnaire in the first place, may have been just too
                      much inconvenience. If funds are available, a
                      better approach would be a business reply envelope
                      with the questionnaire and/or convenient collection
                      points such as marinas and clLibs.

                      While the questionnaire failed in a quantitative
                 sense, the few responses did provide the study team with
                 some useful qualitative insights as to the major concerns
                 and problems of the recreational boaters as contrasted
                 with the commercial fishermen. These insights have been
                 incorporated in the studv result's.

                                           184

              IX.2.2 Surlre,7 of Commercial Users

                    In contrast with the poor response from the boating
              community at large, the study team was able to obtain
              rather good quantitative information from the commercial
              fishing community. As we have noted earlier our
              first contact with this group was through informal inter-
              views and these undoubtedly laid the groundwork for the
              more detailed questions that came later. The interviews
              began with a few individuals whose names were provided by
              the study team members from the two communities.

                   These individuals represented a cross section of the
              main user groups concerned with the commercial fishing
              the fishermen themselves, the marina operators, and the
              charter and party boat operators. Among other things,
              each person interviewed was asked for a list of others
              he felt should be contacted and in,this way it was possible
              to expand the original list to include nearly all persons
              in the area with an interest in commercial activities.
              For a variety of reasons, it was not possible to actually
              interview each person but at least one attempt was made to
              contact each.

                   The initial informal meetings usually took   from a
              half hour to one and a half hours and were very    loosely
              structured. Although they were predominantly meetings
              with individuals at their places of business, boats, or
              homes, at least one meeting with a group of five fishermen
              was held. In general, this approach was most useful and

                                          '185

                 informative not.only as an information gathering technique
                 for the consultant, but also as a means of assuring the
                 interviewed users    and presumably others via scuttlebutt)
                 that their experience and knowledge had value and that the
                 harbor study would not be conducted by unknown persons un-
                 familiar with local problems. For all future harbor work
                 of this type,. it is.recommended that this approach be
                 followed, and that the interviewers have a working fa-
                 miliarity with the language, peculiarities, and customs
                 of marine activities.

                      After these meetings were completed, a very brief
                 telephone interview with other individuals was help
                 for essentially the same purposes as the individual,
                 meetings and to inform them that a follow-up survey
                 in greater detail would be made at a later date. This
                 telephone interview proved useful in formulating some
                 of the questions for the detailed survey and in breaking
                 the ice for future discussions. One problem that arose
                 during this initial phase of the survey was to prove
                 troublesome throughout and that was the difficulty of
                 locating individuals at home or at their boats. For
                 phone contacts at home, evenings and weekends proved
                 to be the best time and the mornings proved to be the
                 best time to catch people at their boats but they were
                 usually tired after a night of winter fishing and not
                 really in the best shape for a leisurely conversation,
                 though the cooperation from the fishermen was generally
                 excellent. (It has been suggested that the best time to
                 reach fishermen is just before the onset of a well-pre-
                 dicted storm. Fortunately for the fishermen, no such
                 storm occured during the time when interviews were

                                            186

              being conducted). A few fishermen were operating out of
              other ports during the study and were unreachable, a few
              had no phones or permanent mailing addresses, and a very
              few were simply unwilling to@be interviewed. Finally,
              the situation in commercial fishing is always fluid and
              there were several changes in ownership during the study
              with some people entering the business and others pulling

              out.

                   Following the initial round of contacts in person or
              by phone, each will ing fisherman (most) was recontacted
              by phone and asked specific questions regarding his
              vessel characteristics, its operational data, and his
              personal opinions regarding the current situation and
              possible future action in the harbor. The actual list
              of questions asked was not identical for each vessel
              owner contacted but rather evolved as the survey pro-
              gressed. In general, the questions shown in Table IX.2.2.1
              were asked of most participants. Information was directly
              collected for 32 vessels and indirectly for 10 others.
              The most useful technique proved to be (as previously
              noted) by telephone after working hours or on weekends
              with the consultant first reviewing the background of
              the study and its purposes for the respondent, then
              explaining that he was conducting a telephone survey
              that would take perhaps 15 minutes, then asking the
              questions and recording the' answers, and at times ans-
              wering questions posed by the respondent. The vast
              majority of people were very willing to spend the time
              required, were candid in their responses, and in general
              were most cooperative. The extent to which this cooper-
              ation was attributable to'prior consultant contact and

                                         187

                                                          Tab 1 e L'911.'. 2. 2. 1

                                                COMMERCIAL FISHING SURVEY

                                     A.  Physical Data
                                         Vessel Name             Number          L     B     D
                                         Hull Material                  Year uilt
                                         Main Engines
                                         Gear Type and Size                    Hold Capacity
                                         Fuel Capacity                Certitied for Passengers

                                     B   Operational Information
                                         Season Fished          From             To
                                         Species
                                         Trip Frequency          Length          Steaming Time
                                         Usual Load/Unlo-a-J-Tf-me
                                         Average Landings per Tri!.
                                         How is catch sold; where to whom; at what tee structurey-

                                         Where is catch landed7
                                         Sup lies per Trip    Ice          Bait        Fuel
                                         NumEer of Crew       Mooring Location  -      Cost

                                     C.  Opinions
                                         1. What change or improvement in commercial fishing would
                                            you most like to see in the harbor area?

                                            Second choice
                                            Third choice
                                         2. If these improvements were made, what specific effect do
                                            you think it would have on your operations?
                                            How many Newburyport/Salisbury owned boats do 76-TEREF
                                            would be immediately attracted back to here by these
                                            improvements?
                                            From what ports7
                                         3. What percentage of your annual income do you derive from
                                            commercial fishingl
                                         4. If a storage facility for fish were locally available,
                                            would you regularly use it?
                                            How much do you think it would aftect your average
                                            ex-vessel price?
                                         5. How much would you be willing to pay for a year-round
                                            slip?                     Mooring?
                                         6. Assuming fish stocks improve or stay the same, do you
                                            expect to be fishing five years from now?
                                            With what kind and size of boat?
                                            From what port?

                                                                     188

               desire on the users parts to express his/her view   *s that
               improvements should be made is unclear, but in",another
               unassociated survey recent  ly conducted by the consultant,
               the respondents.were considerably less cooperative.

                    As  an observation for future  harbor work, it should
               be noted that on.the average, the   surveying time averaged
               nearlyan hour per response. It is felt that approximately
               7.5% of the potential commercial harbor users were surveyed,
               and to contact the remainder would have been either
               very difficult and time consuming or next to impos-
               sible. The preliminary meeting/telephone interview
               and.follow-up telephone survey technique seems.to be     a
               successful and relatively efficient method of gathering
               information at this level   of detail.

                   Table X.2.2.2 shows the Physical data and operational
               patterns for the 32 vessels whose owners were contacted
               during the survey, as well as some rather sketchy infor-
               mation that was picked up by hearsay on ten other vessels..
               Among other things, the survey showed that the winter fleet
               of locally owned boats, as presently constituted, consists
               of 9 vessels of 395 feet combined length who berth here
               and an additional 8 vessels of combined legth of 350 feet
               who berth elsewhere because of the adverse winter condi-
               tions in the Merrimac. No charter or party boats operate
               in winter. In summer, all of the locally owned boats
               come home and several others come out of dry storage or
               wet storage in other ports so that the summer fleet of
               commercial.fishing boats is 26 boats of over one thousand
               feet combined length plus 13 party and charter boats ac-
               cording to the survey. Allowing for the fact that the

                                           189

                                                                 Table%IX.2.2.2

                          COMMERCIAL FLEET PHYSICAL DATA AND OPERATIONAL PATTERNS

                                                                            WINTER OPERATION               SUMMER OPERATION-
                                                   e
                       0
                                                                                             ol
                                                                                                                     c@
                                                                      A0
                                                                     b@.
                 4.,                                                                                                 spe
                 1 46 4   18 Wood    No No        trl-Mri  *2    1    2     0 250    *1000 trl-Xri  *5     1   3     375 250 *1000
                 2 24 1.5      FRP   No  Yes 45   gil-Sbr   3    1    1     0  10      500 gil-mri    6    1   1     75     10  500
                 3 36 3.5    Wood    No  Yes 45   lob-Sbr   2.5       1     .0 10          trl-Mri  *5         2  *750
                 4 34 4   28 Wood    No  Yes      lob-Sbr   1.5  1    1     0  20      20  lob-Mri  *5         2      0     20   25
                 5 40 3.5   8Wood    No No        lob-Sbr   2.5       2     o  4o      40  gil-Mri    5        4  *1500       1000
                 6 35 3     3 FRP    No  Yes 65                                            trl-Mri    3    1   2     75     20  350
                 7 36 3.5   0 FRP    No No                                                 cht-Mri    5    1   2      o  *4o
                 8 40 4.5 14 Wood    No  Yes      gil-Glo   3    1    5     0  70    *3000 gil-Mri    4    1   5  1500      7o 4ooo
                 9 62 4   17 Wood    No  Yes 65                                            pty-Mri  14         4     120
               10  65 4.5    Wood    No  Yes 65                                            pty-Mri  *7     1   5     120
               11  36 4     6 FRP    No  Yes 44                                            trl-Mri    3.5  1   2     150    55 3500
               12  63 4.5 20 Wood    No  Yes 65                                            pty-Mri    5    1   4      0     50
               13*59        7Wood    No No                                                 pty-Mri    5    1   4      0     90
               14  28 2   12 Wood    No  Yes 50                                            tun-Mri    5    1   3            30
               15  62 3   15 Wood    No, No                                                pty-Mri  14         2     20
               16  48 3   22 Wood    No  Yes                                               pty-Kri    2.5  1   2     20
               17  31 3     6 FRP    No   No                                               lob-Mri    5    1   1      0     35   75
               18  37 3.7   0 FRP    No   No      lob-Sbr *2     1    *2    0 -50      *75 lob-Mri  *5     1  *2      0  *50     75
               19  36 4   31 Wood    No  Yes 40                                            cht-Mri    5    1   2     200    35
               20  26 2.5   5 FRP    No No                                                 cht-Mri  14         1      0     12
               21  35 3     3 FRP    No  Yes 60   trl-Mri   2    1+   3     0 100      1250 trl-Kri *4     1+  2     650 100  1250
               22  36 3.5    Wood    No  Yes 72                                            tun-Mri    5    2
               23  62 6.5   1Wood    No  Yes 42   scl-Glo   1    3    51400 400        1200 swd-Mri        8   7  18000  1200 10000
               24  48 8     8Wood    Yes Yes 65   trl-Mri   4    1+   42000 400        6000 tri-Mri *4     1-4    4ooo   4oo *6ooo
               25  42 4      Wood    No  Yes 65   trl-Mri   2    1+   3        6o      2250 trl-Mri   3    2   3  3ooo   60   2500
               26  45 4   24 Wood    No                                                    cht-Mri    2    1   2      0  20
               27  40 4   11 Wood    No  yeb 6o   lnl-Mri   2    1    4     looo           lnl-Mri    5    1   4  1000
               28  4@ 4.5   3Wood    No  Yes 60   trl-Mri  *2    1    3       0       *2000 lob-Mri        1   3      0
               29  37 6      Wood    No  Yes 50   trl-Mri   2    1+   2        6o      1500 trl-Mri *4     1+  2     750 60   2000
               3o  65 6      St'l    No No        trl-Mri   1    1+   2     300        3500 trl-Mri   2.5  1   2     goo      2000
               31  65 5.5    Wood    No  YeslOO                                            pty-Mri  *7     1   3     200 200
               32  34 3.5 18 Wood        Yes11O                                            tun-Mri    2    1   2      0     35
              101  68        Wood                 scl-Glo   1    3    5     1400 400   1000 swd-Mri        8   7  18000  12DO 10000
              102  42        Wood                 trl-Mri   2    1+   3       050      3500 trl-mri   4    1   3     750    50 2000
              103  30                                                                      trl-Kri
              104  40                                                                           -Mri
              105                                     _Mri                                      -Mri
              106  45                                                                      cht-Mri    .@'2
              107  36                                                                      cht-Mri    2
              108  45                                                                      cht-Mri    2
              log
              110                                                                          cht-Mri    2

                                             trl-Otter trawl           Mri-Merrimack (Newburyport and Salisbury)
                                             gil-Gillnet               Sbr-Seabrook and Hampton
                                             lob-Lobster               Glo-Gloucester
                                             cht-Charter
                                             pty-Party
                                             scl-Scallop                    indicates estimate by owner or consultant
                                             swd-Swordfish              100 series was unavailable for interview
                                             tun-Bluefin Tuna
                                             1ni-Longline

                                                                            190

               survey does not include all boats in the' area, we estimate
               that the total commercial fishing fleet in the study area
               is of the order of 35 boats in summer with direct employ-
               ment of approximately 120 persons. Neither of these
               figures includes the many part time summer fishermen,
               nor of course the many indirect jobs provided by this
               industry.

                    Table IX.2.2.3 shows the main results of the oi)inion
               section of the survey. The commercial fishermen are'clearly
               most concerned about the lack of an unloading facility
               while the party and charter boat operators are more con-
               cerned about such things as the mouth.of the river condi-
               tions and the aids to navigation. Surprisingly, one
               summer commercial operator saw no need for improvements.
               Of the 21 respondents to the question of whether vessels
               would be attracted from other ports, two were negative
               four offered no opinion, and fifteen thought more vessels
               would1come here with estimates of numbers ranging from
               one to twelve.

                   The question regarding replacement plans was answered
               by 22 commercial fishing boats and ten party or charter
               boats, and showed a clear trend in desire for larger boats.
               Of 15 respondents in the winter fishing category, 73% are
               planning or would like"to replace their vessels, and, if
               they did so, the average length of boat would go from the
               present 41 feet to 54 feet. Among the summer-only com-
               mercial fishermen, 71% would like larger boats wh*ich would
               raise the average length from 34 feet to' 58 feet (one
               response was excluded because the intended "replacement size
               of 110 feet was felt to be completely unrealistic under
               present circumstances). The party and charter boats pre-
               sently average about 58 feet in length and 50% are contem-
               plating change for a new average length of 67 feet.

                                           191

                                                                Table IX.2.2.3

                                   COMMERICAL FISHERMEN OPINION                        SURVEY RESULTS

                  Vessel No. and               Ranked Negative Characteristics of Present Harbor ------Would operators fror,
                  Nature.of                  Primary                    Secondary                  Tertiary        other ports be
                  operation                                                                                        attracted to harbor
                  1  w&S comfish   No  good unloading place                                                          Yes     Rye
                  2  w&s comfish   No  good unloading place    No local buyer for catch
                     w&s comfish   No  ice-free moorage        No good unloading place
                     w&s comfish   No  good unloading  place   Bad conditions at bar        Insuf.traffic control    Yes 6   Seabrook
                  5  w&s comfish   No  good unloading  place   Bad conditions at bar        Insuf.traffic control    Yes    6Sea:brook
                  6  sum comfish   No  good unloading  place   No ice-free moorage
                  7  sum charter   No  good unloading  place   No ice-free moorage
                  8  w&s comfish   No  good unloading  place   No ice-free moorage                                   Yes    -Glouces ter
                  9  sum party     Bad conditions at   bar     Insuf.Aids to Navigation
                10   sum party     Bad conditions at   bar     Insuf.Aids to Navigation
                11   sum comfish   Bad  conditions at  bar     No good unloading place
                12   sum party     No boat cUsplay place                                                             Yes    3Gloucester
                13   sum party     No boat display place                                                             Yes    3Gloucester
                14   sum comfish   No local bait supply
                15   sum party     Commercial overfishing      Insuf.Aids to  Navigation No local      hotel
                16   sum party     Commercial overfishing      Insuf.Aids to  Navigation No local      hotel
                17   sum comfish   No local bait supply        No good unloading place                                 No
                18   w&s comfish   No local bait supply ,      No good unloading pl.iLce                               No
                19   sum charter   No good unloading place     No ice-free moorage          Bad cond-itions at bar
                20   sum charter   Insuf.traffic control       Insuf.sewage treatm't
                21   w&s comfish   No good unloading   place   No iceTfree moorage                                   Yes     Rye
                22   sum comfish   None
                23   w&s comfish   No good unload-ing  place   No ice-free moorage                                   Yes    3Gloucester
                24   w&s comfish,  Bad conditions at   bar     No ice-free moorage                                   Yes   12 Gloucester
                25   w&s comfish   No good unloading   place   Insuf.Aids to Navigatinn No ice-free moorage          Yes    3Seabrook
                26   sum charter   No good unloading   place
                27   w&s comfish   No good unloading   place                                                         Yes    3Seabrook
                28   w&s comfish   No good unloading   place                                                         Yes    3Seabrook
                29   w&s comfish   No good unloading   place   Insuf.Aids to Navigation                              Yes     Gloucester
                30   w&s comfish   Insuf.Aids to Navigation                                                          Yes    1Gloucester
                31   sum party     Bad conditions at bar       No boat display place        No local hotel           Yes     N. Shore
                32   sum comfish   No good unloading place     Bad conditions at bar

                                                    w&s-engaged in year round operations
                                                    sum-operates in summer only
                                                    comfish-one or more commercial fisheries

                                                                        192

                    One.of the more striking results of the survey of
               commercial fishermen was the level of production (catch)
               for the Merrimac fleet. As we have noted previously,
               the public awareness of local fishing activities is very
               limited, yet in both number of people employed and con-
               tribution to net local income, commercial fishing and
               related marine operations have to be classed as a major
               local industry. The quantitative importance of this
               industry will be discussed in the following section,
               but the weekly groundfish landings in Newburyport/Salisbury
               range from 40,000 to 100,000 pounds depending on the

               season.

                                          193

                Chapter X:     DEVELOPNENT OF THE NEWBUIRYPORT/SALISBUIRY HARBOR

                X.1     Development Constraints

                     in formulating alternative develonment plans for
                the study'area, the study team placed itself under
                certain general constraints,.some physical and some
                arising from other considerations.

                     Initially, the geographical bounds of the study
                area were set a.t the mouth of the river on the easterly
                side and the Interstate Route 1-95 bridge on the up-
                river or westerly side. As the waterfront properties
                between these two boundaries were examined in some
                detail, however, it became clear that the actual extent
               @of waterfront that.could be reasonably impacted by this
                development plan is in fact, much more limited.

                     In order to show just how limited the development
                area is, we will briefly discuss each portion of the
                waterfront as shown in the aerial view on the cover
                of this report and the plan view of Figure VII.1.1.

                     On the Salisbury side, the land just inside the
                jetty, upriver to Black Rock Creek, is a camping and
                boating reservation owned and operated by the State
                and thus is not a reasonable candidate for redevelop-
                ment for otherrecreational uses or for commercial uses.
                The area from Black Rock Creek upriver to approximately
                Coffin Point is almost entirely tidal wetland and inter-
                tidal flats. It would be expensive and difficult to
                develop this land because of the ground conditions;

                                           195

                  there are no  access, roads of any consequence;  and the
                  flats are  capable of economically important shellfish
                  production once the pollution levels are reduced via
                  proper sewage treatment on both sides of the harbor.
                  Beyond these purely technical and economic reasons,
                  however, any attempt to develop these wetlands would
                  face enormous counter-pressure from environmental
                  groups, both local and otherwise. These are ecolo-
                  gically very active wetlands that serve as feeding and
                  nesting areas for both indigenous and migratory birds,
                  and the-area in front of this shore is perhaps the
                  best fishing area in the river.     Several years ago,.
                  a Ross'gull, an  extremely rare North American bird
                  seldom seen outside.of northern-Alaska, spent several
                  days in this area and on the flats across the river
                  in Newburyport. It wasl" an event" in bird watching
                  circles and it attracted bird watchers from all over
                  the United States and there were even reports of a
                  few persons coming here,from other countries. The
                  appearance of this single bird and the subsequent
                  appearance of literally hundreds of dedicated bird
                  watchers received national news coverage. Unfor    -tunately,
                  the lack of overnight accomodations in Newburyport
                  and the river area of Salisbury meant that the vast
                  majority of these visitors were here'only for a few-
                  hours or a day, so the full economic potential of this
                  "boomlet" of tourism was never realized by either com-
                  munity).

                       The Salisbury side from Coffin Point to the Route 1
                  bridge is shown with Newburyport in the foreground in
                  Figure X.1.1.-     This is the only active part of the

                                             196

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                                                                                                                                                        VA

                                                                                                        FIGURE            X.1.1 SALISBURY WATERFRONT (NEWBURYPORT

             Salisbury waterfront and includes marinas and some
             residential properties as well as a large parcel of
             presently unutilized land. The cluster of residences
             in this area is known as Ring's Island. This nart of
             the Salisbury waterfront is already developed to a
             degree. There is at least one further development being
             planned by private interests; and this is the most
             likely area for further development,either private or
             public.

                 There is another small parcel just upriver of the
             railroad bridge that has been bulkheaded in wood and
             has been approved by local authorities as a marina.
             It is currently undeveloped, but could become a small
             operating marina quickly and with only limited invest-
             ment. From this point to the town limits, however,
             all of the remaining riverfront in Salisbury is wetland
             and unlikely to be developed, so the practical limits
             of development on the Salisbury side are from Coffin
             Point to the parcel just above the railroad bridge.

                 On the Newburyport side, the area at Plum Island
             Point is the former site of the U.S. Coast Guard Mer-
             rimac River Station and has been declared surplus pro-
             perty by the General Services Administration. it is
             a sandy beach and dune area, not very popular for
             swimming, but frequented throughout the summer by
             surf-casting fishermen on both sides of the jetty.
             Both the City and the State have expressed interest
             in the property for preservation as recreational land.
             Commercial fishing facilities or recreational boating
             facilities at this location would be extremely expensive

                                      1 QQ

                   to implement and would still be relatively exposed
                   to wind and sea, especially in the winter months'.
                   Beyond that, e.stablishment of either type of facility
                   here would mean either a new and separate focus of
                   water related activities or a massive dislocation of

                   the current center of activities near the central
                   business district. Among other problems, Plum Island
                   is connected to Newbury and Newburyport proper by a
                   single road which can become impassable.in severe weather,
                   so this area was not considered suitable for another
                   harbor development.

                       The area between the Point and the beginning of
                   the turning basin near the American Yacht Club is known
                   as Joppa Flats (see Figure X.1.1), and consists of
                   the largest and most productive shellfish area in the
                   harbor. In view of the economic and environmental im-
                   portance of this area, further development is nearly
                   impossible.    As an indication of the seafaring t.ra-
                   ditions of Newburyport, local legend claims the word
                   Joppa is a corruption of Yafo or Jaffa, the Mediter-'
                   ranean port that is now Dart of the harbor of Tel Aviv.
                   It is not clear when or how the name got transplanted
                   to Newburyport, but in current usage, Joppa still refers
                   to the part of the city nearest the clam flats).

                        The.developed part,of the Newburyport waterfront
                   begins at about the point where the abandoned Boston
                   and Maine Railroad right-of-way comes to the waterfront
                   as can be seen at the bottom of Figure X.1.2. There
                   is a short stretch of seawall facing on grassy tidal

                                             2.00

                                                                                                             100-
                                                                                                                                                                                     z1vt

                                                                                                                                                                    w4e,

                                                                        7,T

                                   41

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                                                                                                                      A6
                                                                                                                           FIGURE X.1.2 MERRIMAC HARBOR LOO

                                                                                                                                                           NEWBURYPORT CLA14 FL

                flats just downriver of this point, and  the parcels
                immediately upriver are residential and   light indus-
                trial with no need or present use of the   waterfront
                itself. The existing sewage treatment plant is the
                next parcel, again with no need or use of the water-
                front other than an easement for its discharge line
                whose presence is clearly evident at the shoreward
                edge of the mooring area.

                     The first waterfront  parcel outside of the aban-
                doned right-of-way is the  American Yacht Club, fol-_
                lowed by an oil storage depot (home heating oil), an
                electric substation.with peak load generating capacity,
                and the new U.S. Coast Guard Merrimac River Station.
                The generating plant and the Coa st Guard Station are
                evident at the extreme left of Figure X.1.3'and
                adjacent to the Coast Guard Station there are four
                parcels of land that had historically been one of the
                busiest parts of the  waterfront, but are unused now,
                though they have-some piers and bulkheads in various
                states of repair and  disrepair. Figure X.1.3 clearly
                shows the newly constructed bulkhead on which a wa-
                terfront park will be  constructed by summer of 1978,
                and the redeveloped central business.district in the
                background. Upriver of the new bulkhead begins the
                most highly developed and highly used portion of the@,
                waterfront, containing several marinas, restaurants,
                and marine supply retailers.

                     Beyond the Route 1 and railroad bridges, there is
                a large parcel of publicland, Cashman Park with its

                                            203

                   public boat ramp and a small pier; a large factory;
                   the North End Boat Club; a large expanse of unused
                   land (except for a small marina and boatyard that is
                   building steel fishing vessels); three marinas that
                   are nearly adjacent to each other; and full residential
                   properties from this point (the bottom of Figure X.
                   1.4) onward to the Route 95 bridge, except for another
                  ,small stretch of parkland.

                        From all of this, it seems clear that the limits
                   of the development plan for the Newburyport side are
                   the beginning of the waterfront portion of the railroad
                   right-of-way on the downriver end to the last marina
                   on the upriver end, though the main area of interest
                   goes only as far upriver as the Route 1 bridge.

                        Physical constraints arise further from the depth
                   and width of the channel, primarily the former and
                   primarily near,and at the mouth of the river. The con-
                   ditions at the mouth remain the major physical con-
                   straint of the harbor and, barring a major capital
                   dredging project coupled'with significant jetty modi-
                   fications, the largest vessels that can be serviced
                   here are the largest that currently call here, 65 foot
                   draggers drawing up to 11 feet fully loaded.      In fact,
                   the largest draggers currently operating here draw less
                   than 11 feet and the deepest draft boat, the one that
                   draws nearly 11 feet, is only 45 feet long. It has a
                   relatively deep and narrow hull,while the 65 footers
                   are relatively shallow,and beamy and draw about 8-9 feet.
                   There is no direct formula to relate length and draft
                   but a "reasonably proportioned" boat of perhaps up to

                                                204

                                                                                                                        t ff 11 w-

                                                  @Mr

                                                                                                                                                              17

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                                                                                                                                                               t7

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                                                                                                                                                                                             Alm&.

                                                                                               FIGURE X.1.3 NEWBURYPORT WATERFRONT FROM COAST GUARD STATION

                                                                                                                               TO URBAN RENEWAL AREA

                                                                                          -tip

                                                                fie

                                                        Lot-

                                                                                                                                lb

                                                                 J@f-

                                                                                                                 it
                                                                              4L 4-W,
                                                                                                                                           6tl; I

               80 feet in length can be designed to draw 11 feet or
               less. Beyond that length, the design would have to be
               quite beamy, perhaps excessively so, to have a draft
               less than 11 feet. It is possible'that such   a standard
               class of boat could be designed and built in  the future,
               but based on current practices ' the depth at the bar
               effectively limits the size of boat to'be considered
               here to about 65-80 foot maximum.

                    Aside from these basically physical limitations
               and the broad land use constraints, the study team also
               restricted itself to development plans that were con-
               sistent with perceived local goals and objectives.
               Additionally,.certain other constraints that were con-
               sidered to be implicit rather than explicit goals and
               objectives were imposed on the study. Admittedly, some
               of.these latter constraints were somewhat judgemental
               while others were simply based on sound land management
               planning practices.

                    In general, it was determined.that development
               plans should be consistent with the general tenor of
               the communities at large and, in particular, with the
               traditional uses of the harbor and the more recent uses

               embodied in the renewal and revitalization of the cen-
               tral business district on the Newburyport side. As we
               have already shown, both communities have a strong tra-
               dition of the sea, and fishing and other waterborne
               commerce have been instrumental in the growth and de-
               velopment of the area since pre-revolutionary tines.
               More recently, both communities have had heavy tourist

                                        209

                   traffic related to fishing and other recreational
                   boating and have derived substantial regional income
                 'from these sources.

                        The renewal area in Newburyport has been designed
                   and@implemented with these traditions in mind and the
                   facades of the renewed buildings reflect the ambience
                   of a busy commercial port of a century,or more ago.
                   While a restoration of the harbor to its former sta-
                   tus as one of the busiest ports of the Northeast in
                   colonial times is clearly out of the question, none-
                   theless, A restoration of the commercial fishing busi-
                   ness would not only be consistent with tl@e general am-
                   bience of the renewal area, but would be an addition
                   to it as well.

                       The area would become more attractive to visitors
                   if the work of landing and handling fish became more
                   visible, more real, and more obvioulsly a part of the
                   life of the harbor. It is interesting to note that in
                   .all of the discussions with local residents, there was
                   almost universal acceptance that such an atmosphere
                   would- be attractive to visitors and residents alike
                   and would be a positive addition to the area. The only
                   individuals who expressed caution that it might detract
                   from the harbor were a few fishermen who were concerne&
                   that the sight of their rather utilitiarian vessels and
                   the smell of the.fish might prove unattractive to recrea-
                   tional boaters and other tourists. Based on the comments
                   of most others contacted, and in the opinion of the study
                   team, exactly the opposite is true.

                                            210

                     Nonetheless, it was felt by the consultants that
                too close intermingling of commercial fishing and recrea-
                tional boating,would be inappropriate and to the mutual
                detriment of both groups. We have already discussed the.
                problems faced by fishermen in trying to land their catch
                at what are primarily recreationally oriented marinas
                and it was felt that recreational boaters would be
                equally displeased with servicing their boating needs
                via a working fishing dock which, while it may be pic-
                turesque when one cruises past it or walks near it to
                watch the catch being unloaded, may be less that pic-
                turesque at close range and if it is the only means of
                boarding and provisioning a new cabin cruiser with wall-
                to-wall carpeting. Accordingly, it was decided that,
                insofar as possible, development plans should separate
                the commercial fishing activity from other boating
                activities, but not.to the point of making them mutually
                inaccessible. Put anoth 'er way, it was felt that the
                commercial fishing activities should be physically se-
                parate from other activities in the harbor and town,
               .but that all of the activities should be conceptually
                compatible as complementary parts of the overall life
                of the harbor and the communities

                    Both of the communities involved are small com-
                munities with a high percentage of long term and native
                residents. As such they are rather clase-knit com-
                munities with extensive networks of familial relation-
                ships and acquaintances. Because of this it was felt,
                that the search for possible development plans should
                concentrate on plans.for which benefits were clear and

                                        211

                  broad and for which any disbenefit.s would be limited
                  and either diffuse or indirect. In particular, though
                  one'of the clear mandates-to the study team was to
                  develop plans to assist commercial fishing, it was
                  decided that this should be done, insofar as possible,
                  .in a way that would not directly threaten any other
                  current user or beneficiary of the harbor by, for ex-
                  ample,.recommending public domain takings of currently
                  operating marinas or attempting to convert current or
                  future public recreational lands such as Cashman Park
                  or the new seawall to restricted commercial use. The
                  study team imposed on itself the constraint of respec-
                  ting current waterfront land uses and seeking to augment
                  them while at the same time expanding commercial fish-
                  ing operations.

                                           212

                X.2       General Harbor Developments

                X.2.1     Short Term

                     There is an immediate and continuing need for
                improvements at the mouth of the river for the benefit
                of both commercial and recreational interests, and it'
                should be underscored here that the benefit to which
                we refer is simply the safety of boats and their pas-

                sengers.

                     The Army Corps of Engineers did conduct a main-
                tenance dredging project at the mouth this year, in the
                spring and summer of 1977, and it has improved the bar
                conditions and will permit easier passage during moderate
                weather conditions of the 1977-1978 winter fishing sea-
                son. Experience in the past indicates, however, that new
                shoaling will occur in.this area and continued main-
                tenance dredging will be required within two to three
                years until and unless more permanent structural changes
                of the mouth are implemented.

                     In the meantime, however, local officials and the
                appropriate members of the Massachusetts Conressional
                Delegation should continue to prevail upon the Coast
                Guard to install proper navigational aids at the mouth.
                In particular, the existing ends of the jetties should
                be marked. At a minimum, the marking should be radar
                reflectors and day beacons; but in the view of the po-
                tential danger inherent in these jetties, marker lights
                are all but essential for safe entry at night or in
                weather conditions of reduced visibility.

                                         213

                      The north jetty is not straight but rather extends
                 roughly southeast from the beach for about half its
                 length and then breaks to nearly due east for the re-
                 mainder of its length. Depending on the precise place-
                 ment.of buoys between the jetties, the apparent channel
                 can run quite close to this break and the jetty corner
                 could prove hazardous, particularly to a visitor un-
                 familiar with the harbor. In fact the placement of
                 buoys during 1977 was such that a boat steering a course
                 directly from Red Buoy No. 6 (just between the ends of
                 the jetties) to Black Buoy No. 7 (just off the point
                 where the north@jetty joins the beach) would stand an
                 excellent chance of striking the north jetty at the
                 break. When one further considers that the jetty is
                 nearly submerged at high tide and that localized fog
                 near the mouth is not uncommon during the summer, it
                 becomes clear that some sort of marking is needed at
                 the break in the. north jetty. Again, a lighted marker
                 would be best, but a radar reflector day beacon is
                 needed at a minimum.

                      Within the harbor itself there are a number of
                 shoal,areas and tidal flats that are-quite close to the
                 marked channel and present a hazard to boats  of any
                 significant draft, say over two feet, if they stray
                 from the channel even slightly. In fact, there are some
                 areas where the shoals lie in thelchannel itself or
                 immediately adj dcent to.it so that the larger boats
                 that use the river can touch.,bottomon a,very lowfull
                 moon tide unless they stay nearly in the center of   the
                 channel. More and better maintenance dredging is

                                          214

                the indicated solution to this problem but in the
                short term, the placement of one or two additional
                buoys would help greatly both for locals and,for
                visitors. In particular, the stretch,.of channel
                between.Red,Buoy No. 12 and Red Buoy No. 12A is nearly
                a mile long and has several spots on both sides of
                the channel that get very shallow on.a low tide. An
                additional pair of buoys would break this long stretch
                and minimize the lateral effects of slight navigational
                errors at night or in fog.

                     A further problem with the buoys is-that some are
                lighted while others are only equipped with light re-
                flectors. As with many of the short term problems dis-
                cussed thus far, this shortcoming presents a special
                problem to visitors.unfamiliar with the.channel, but
                even locals can have difficulty picking up these buoys
                at night or in fog. Lights on more buoys or all-buoys
                would significantly add to the attractiveness of the@
                harbor to recreational boaters. -The channel markers
                are especially inadequate in winter when several of the,
                lights are removed because of the danger of ice damage.
                Given the weather and the fact that commercial fishermen
                always make.one leg of each trip in-darkness, this is
                a severe problem. The Coast Guard should be heavily
                encouraged to find a solution to this problem, such as
                placing larger buoys or protecting the lights with a
                lexan dome, but some solution must be found if the
                full commerciAl!. potential of the harbor is, to be real-
                ized.

                                          215

                  x.2.2      Long Term

                       The major long term development of general bene-
                  fit to the harbor would be a solution to the conditions
                  at the mouth of the river. The Army Corps of Engineers
                  is conducting.tests on the Merrimac River model at
                  Vicksburg, Mississippi/in order to determine what is
                  technically and structurally possible and until these
                  tests are completed and evaluated, we are in-no position
                  to make specific recommendations for a complete long
                  term solution. Nonetheless, there are a few long term
                  physical harbo r improvements that seem obvious regard-
                  less of the test outcome.

                       The north jetty is in serious need of repair. Much
                  of the outer end of the jetty has deteriorated to the
                  point that it is submerged,and.all of the jetty is so
                  low that waves can and do break over.it in a north-
                  easterly blow at  or near high tide. This can happen
                  during.moderate  summer storms as well as the more severe
                  winter.storms.   (The jetty is a,popular fishing   sDot
                  in summer, and people have been,washed off when   a large
                  wave breaks over  the jetty).

                       Inside the mouth, there are several long term
                 .developments that would substantially improve the har-
                  bor for all who use it. A capital dredging project de-
                  signed,to reduce the  shoaling in and near the channel
                  as well as a deeper maintained channel would be welcome
                  improvements if the model tests indicate them to be@
                  technically feasible-. Along with such channel improvements,

                                          216

                there are several areas outside the main navigational
                channel that have natural or manmade obstacles that
                limit the basin area and present serious hazards to
                boats that stray from the channel. Removal of these
                obstacles by blasting, at least the manmade ones,
                would be a significant harbor development. Among     the
                manmade structures, the submerged (at high tide) a-
                bandoned jetty near the day marker at Block Rock    Creek
                and the ruins of the South Pier near the American Yacht

                Club are the more obvious candidates. There are also

                natural formations in the same two areas that would not
                be missed by'loca.1 boaters. The formations near the
                yacht club, Half-Tide Rocks, are evident in Figure
                x.1.2    and clearly a problem for the nearly 100 boats
                that moor in this area, most of them sailboats with
                relatively deep navigational draft.

                     As we have already discussed, the area available.
                for the new development on either side of the river is
                quite limited and further major-development of the
                shoreline will require long term channel and basin im-
                provements. This will be discussed more in the section
                dealing with recreational boating development, but for
                now we will point out that the most logical place for
                new basin and channel dredging is the area just downriver
                of, the sewage treatment plant on the Newburyport side
                and just offshore of the abandoned'right-of-way (Figure
                x.1.2).

                                           2. 17

                  X.3       Commercial Fishing Developments

                  X.3.1     Short Term

                      The most pressing needs  in the study area are a
                  dedicated facility for the unloading and handling of
                  commercially caught fish and a local source of broken
                  or c-rushed ice in commercial quantities. Under ordin-
                  ary circumstances, these needs would be met either
                  through a major private investment or through a large
                  public project invloving both local government and
                  state and federal agencies for planning, funding, and
                  implementation. Either route would normally be time
                  consuming enough to be more properly called a long
                  term development rather than short term.

                       In the instant case, however', a number of factors
                  have combined to make a significant development in this
                  area possible in the short term. In fact, the physical
                  development is being implemented as this report is writ-
                  ten (July 1977). The need for an.unloa  .ding facility and
                  an ice supply was clearly established early in this study
                  effort and it became equally clear-that the best hope for
                  early solution to these problems lay  in modifying existing
                  underutilized or unused waterfront facilities rather than
                  breaking new ground. Referring to the discussion of
                  Section X.1,    it was clear that the most likely area
                  would be the presently unused waterfront between the new
                  bulkhead and the Coast Guard Station on the Newburyport
                  side. (See Figure-X.1.3).       This area consists of four
                  parcels of land, one of which had been an operating ma-
                  rina with a dock and good deep water, but which i's

                                            213

                presently unused and in a state of disrepair.. A sur-
                vey.of the site revealed, however, that the dock could
                be refurbished quickly and at relatively low cost if
                the funds and a willing operator were available.

                     To meet both of the most pressing needs, however,
                additional funds were also needed for an ice making
                and storage facility. Fortunately, DCA became aware
                of the availability of a block of funds, $15,000, from
                the New England Regional Commission for high risk and
                high gain,economic development purposes. Though this
                sum was insufficient to fully capitalize the needed
                facilities, this grant could clearly serve as seed
                money and as a catalyst for the full project. Accor-
                dingly, DCA and the consultant prepared an application
                to NERCOM on behalf of Newburyport, including a justi-
                fication of the need and an analysis of the financial
                viability and market potential for the project based
                on our survey of commercial fishermen in the study area.
                NERCOM acted favorably on the grant application and the
                City of Newburyport responded  by allocating, through
                the Office of the Mayor, $50,000 of its Community
                Development Entitlement funds from the U.S. Department
                of Housing and Urban Development.

                     Consistent with an earlier stated desire for bene-
                fits from harbor development to be as broad and diffuse
                as possible, the study team recommended and the City
                agreed that the operator of the facility should be a
                non-profit entity representative of the plant users
                and a fishermen's cooperative was the obvious choice

                                         219

                   for such an entity. The Tri-Coastal Tuna Cooperative
                   is a coop erati-ve wi,th members in Maine, New Hampshire,
                   and Massachusetts but the largest concentration of
                   their,members.is-in the Newburyport/Sa'li.sbury area and,
                   in another fortiutous circumstance, they were in the
                   process of disposing of their facility in Portland
                   and looking for a new facility in the Gloucester to
                   Newburyport area. Tri-Co   astal reacted favorably to
                   the Newburyport proposal and, with the assistance of
                   the City and the consultant, concluded a lease and
                   refurbishment arrangement for the former marina pro-
                   perty as a site for unloading fish and making, sel-
                   ling, and storing ice. Subsequently, bids were re-
                   ceived and accepted by the City for an ice-maker;
                  ,bids are being solicited for a building; and work is
                   underway on the refurbishment of the dock. The full
                   facility will be in operation by the end of 1977.

                        Figure X.3.1.1      is based on the existing asses-
                   sor.'s maps for the City of  Newburyport and shows the
                   immediately adjacent parcels. Note that the waterfront
                   parcels on both sides of the site are vacant.- In fact
                   the site is nearly in the middle of approximately 800
                   feet of waterfront that is vacant, was formerly used
                   as wharves, and is zoned for heavy business use. The
                   assessorls maps of the City are historically based and
                   tend to be inaccurate with regard to the present form
                   of the land/river interface, and that is true of the sit.e
                   in question; but the site does have well over 100 feet
                   of piled pierface and.could easily dock the largest
                   boat in the local fleet for unloading and icing. The

                                              220

                                                                                                                 LAND USE

                                                                                                             1, PROPOSED SITE
                                                                                                             2. VACANT LOT
                                                                                                             3.
                                                                                                             4.
                                                                                                             5.
                                                                                                             6. LUMBER YARD
                                                                                   5                         7  RE TAd L- RESIDE NCE

                                                                                                             9. VACANT E3;-DG.
                                    3                                    4                                  10. RESTAURANT - BAR
                                                                                                            ii. PARKNG LOT
                                                                                                            12. RETAI L - RES I DENCE
                            2                                                                               13. LIGHTHOUSE:
                                                                             79201-
                                                              23754
                                        7896
                                12043
        F-l

                                                7                                                               SCALE: 1"= 40'

                                                                10
                                                  8

                                                                       12
                                           6

                                                en
                                                         J.                 13

                                                                                   z

                                                                                   Z

                                                                                   z

                                  FIGURE X.3.1.1      LOCATION OF NEW ICE FACILITY AND          UNLOADING DOCK

                  dock will be redecked and a hoist installed to handle
                  fish, ice, and gear between the dock and the boats.

                       Under the terms'of the agreement being considered
                  by the City and the Cooperative, the facility will be
                  available to all fishermen, members and non-members,
                  and ice will be sold at prices consistent with the
                  prevailing commercial prices to all members of the
                  public. The City will retain ownership of the ice
                  machine and storage building and will lease them to
                  the Cooperative on a royalty basis.

                                            27 2 2

               x.3.2    Long Term

                   Though the above arrangement will meet some of the
               more immediate needs of the existing commercial fishing
               fleet in the studv area, it will do so on only a limited
               basis and will not speak to some of the other pressing
               needs, most notably an ice-free and ice protecte d berthing
               area for winter operations. Moreover, the above,arrange-
               ment, while marginally  adequate to the icing and unloading
               needs of the.present fleet, would not be able to..service
               the needs of a significantly expanded fleet.in any season.

                    In formulating a more ambitious long term development
               plan, the unmet needs of the fleet and the potential for
               increased economic impact of commercial fishing in the area
               are the driving force for the plan, but the previously
               discussed development constraints must be kept in mind. In
               particular, the desire to avoid disruption of existing har-
               bor services and businesses and to locate the commercial
               fishing center in such a way as to complement the urban
               renewal area without negative-impact suggests the presently
               unused parcels surrounding the ice/unloading facility as
               the most suitable location for long term commercial fishing
               development. This area has the several advantages of being
               unused at present, contigous with the short term develop-
               ment, within walking distance of the urban renewal area
               yet separate from it, formerly a highly commercial area
               of the waterfront, and adjacent to naturally deep water.
               Among the other presently unused areas on either side of
               the river, most are unsuitable either for environmental
               reasons or because they are too remote from the current

                                          223

                  center of harbor activity. The few remaining have other
                  factors which,disqualify them. For example, the small
                  parcel of City owned land between the new waterfront park
                  and the private marinas upriver is simply too small. The
                  land upriver of the bridges on either side of the river
                  is barely large enough, but nearly all commercial boats
                  would need to have the drawbridge opened to pass, and this
                  would significantly increase the number of openings and
                  would also require 24-hour, 365-day tending of the bridge
                  to allow for the usual pre-dawn and post-midnight movements
                  of the fishing boats.

                       A careful review of all sites on the river, based on
                  our constraints, clearly shows the area in question, i.e.
                  the Newburyport side between the waterfront park and the
                 'Coast Guard Station, to be the best for long term com-
                  mercial fishing development.    There are several forms
                  such a development might take,  each with,its own set of
                  advantages and disadvantages.   On balance, however, the
                  most suitable will be a pile supported pier arrangement
                  extending.into the river as indicated in Figure X.3.2.1.

                       The use of a structure extending into the river will
                  provide an ice protected lee for winter berthing of fishing
                  boats. A pile supported structure will assure that the
                  flow patterns of the river willbe only slightly affected,
                  if at all, and will avoid creating new shoal points that
                  could lead to an expensive annual maintenance dredging
                  program. The upriver arm of the fishing pier is angled
                  from the shore to deflect ice floes into the main channel
                  where they can continue being carried to the mouth of the

                                             224-

                                                                                                                                      &ASIN
                  we moo a.4"m a saw ammm a wpm a MOW a 0%,
                                 RING AP

                                                                                                                    CE   FA
                                                                                                                             L      7-y.
                                                                        ....... .                   4L        w
                                                                 ............
                                                                 .............
                                                                 .............
                                                                                                                   4p

                                                                 ............

                                                                                                                                                -!r 46

                                                                                                         WATER

                                               T

                       ......                                                                                                                                                       R4@

                                                        FIGURE X.3.2.1 PROPOSED COMMERICAL FISHING BASIN

                 river by the current. Aesthetically, this  angled ar-
                 rangement of the upriver end will permit the'T)ier to
                 be conveniently accessible to persons using the downtown
                 area and thewaterfront park, yet the pier itself will not
                 dominate the view form th6 park.

                      The downriver end of the pier can be carried straight
                 out from the shore to.enclose the maximum amount of pro-
                 tected water area. Heavy ice movement upriver will occur,
                 but less frequently than the downriver flow, and will usually
                 consist of thinner and lighter ice floes. The immediately
                 adjacent downriver property is the Coast Guard Station, so
                 the aesthetic and public access criteria of the upriver
                 end do not apply.

                      As Figure.X.3.2.1 shows, the lateral extent of
                 the proposed development is strongly dependent on the
                 existing boundary of the U.S. Army Corps of Engineers
                 turning basin and channel. In principle, no fixed structure
                 is allowed to encroach*on the basin and channel, but there
                 are well established mechanisms for redefining the channel
                 and basin boundaries if a greater need and higher use can
                 be demonstrated. How much of an encroachment will be ac-
                 cepted by the Corps depends on the specific design and
                 purpose of the structure and is a matter for some negotia-
                 tion with the Corps. In the case at handi we have shown
                 only a very slight encroachment on the 400 foot wide chan-
                 nel simply the 40 foot width of the pier. itself, but we
                 believe that more encroachment and a larger protected area
                 may be possible when the detailed design of a pier is prepared.

                                            226

                                           'd offer safe and secure berths
                     The proposed pier woul.
                throughout the winter for thirty or more fishing boat-s or
                slips, plus three unloading berths at the site of the short
                term ice machine and unloading pier. In summer, additional
                boats could be accomodated on floats outside the fixed pier
                and at its upriver and downriver ends. The upriver end-
                would be adjacent to the new guest facilities for  pleasure
                boats at the park, and would be a commercially attractive
                and aesthetically consistent location for party boats to
                be displayed, if not loaded 'and unloaded.

                     The actual width of the fishing pier  will be deter-
                mined in the detailed design phase after  a more complete
                cost analysis, but we have shown it as 40 feet for the
                time,being. This width will.allow the multiple use of
               ''the pier that we feel makes it especially attractive.  The
                minimum width for strictly commercial fishing purposes
                would be perhaps an eight or ten foot wide pedestrian walk-
                way to the fishing boats.'    In principle., a walkway is
                not absolutely essential since the piles provide the
                ice protection and the fishing boats could belaccessed
                via floats). With a minimum width, however, the pier
                would be st rictly limited to foot traffic and any move-
                ment of gear or supplies to or from the boats would
                have to be at the unloading dock.- A wider pier could
                accomodate pickups and other light trucks as well.

                     A 13-15 foot width could accomodate single lane one-
                way truck traffic and, with'several short wider sections
                for two-way bypasses and turnarounds, this would be ade-
                quate, though barely, for light truck access to the boats.

                                          @27

                  We are recommending the substantially wider  pier, however,
                  so that the pier can both serve the fishing  community and
                  would be an additional attraction to the public as well,
                 .both locals and visitors. A 40 foot wide pier would allow
                  space for a single lane roadway for limited access by
                  trucks; a pedestrain walkway so that visitors to the water-
                  front can observe commercial fishing and, possibly, charter
                  and party boats at close hand; and an approximately 15 to
                  20 foot wide strip that would have several different uses
                  along its length. Its most utili  tarian function would be
                  to allow periodic bypasses so,that the single lane road-
                  way could handle the two-way restricted traffic. Addition-
                  ally, it would contain mini-parks with benches.for pedes-
                  trians to telax and watch the many harbor activities as
                  well as a limited amount of retail space,- either for shops
                  appropriate to the environment or restaurants or stands
                  serving the local seafood.

                       The downriver arm of  the pier is also shown with the
                  40 foot width, but because  of its locati on and the distance
                  of its entrance-from the waterfront park and central busi-
                  ness district,-it will be   much less attractive as retail
                  space. Instead, the extra width of the downriver pier can
                  be used for rows-of fishermen's shanties, small    storage
                  buildings for storing nets, floats and other gear. As we
                  have noted earlier in this report, most fishermen shift
                  from one fishery to another through the course of the year
                  and need storage space  for their off-season gear. These
                  shanties would be rented to the fishermen as part of their
                  mooring fees.

               x.4       Recreational Harbor DeveloDments

                         Short Term

                    There appears to be aneed for more marina and club
               facilities forrecreational boating in the form of more
               slips, more moorings, and increased marina services in
               general, but the needs in this area are not so pressing as
               to require direct,public action at this time. Nonetheless,
               public bodies in both communities should encourage and
               assist present and prospective marina operations and clubs
               to expand their facilities, subject to space and capital
               constraints, since the recreational boating section is and
               will continue to be a major contribution to the local
               economies during summer. A consolidation of commercial
               fishing activities at a new facility will add somewhat to
               the marinas' ability to serve the recreational market
               and, with the new waterfront park and public floats, will
               also tend to'increase the overall growth of the harbor and
               demand for services.

                    In general, market forces and the private sector
               recognition of expanding or developing markets will provid6@
               all the impetus needed for short term development but there
               are a few areas where direct public action or initiative
               may be needed. At present, no marina or club in the area
               provides pumpout services for pleasure boat sanitary hold-
               ing tanks. Most of the boats using the harbor continue to
               use direct discharge sanitary facilities, either under
               grandfather clause exemption from existing 'regulations or

                                         229-

                   in necessary violation of them because of the lack of
                   alocal pumpout station. In view of the current state
                   of affairs with the municipal sewage of the two cities
                   and the fact that very few boats are used for overnight
                   accomodations in the harbor, boating discharges of sani-
                   tary wastes represent an insignificant contribution to
                   the overall pollution levels in the harbor. The former
                   problem is bein g solved and, as more and more cruise
                   traffic is attracted to the area and more people are
                  ,being 6n board, the problem of sanitary discharges from
                   boats will increase in both a relative and absolute sense.
                   At present, however, the market forces alone have not
                   induced any marina to install a pumpout facility, and
                   either direct or indirect local action appears to be
                   needed. Direct action would mean City or Town construc-
                   tion and operation of a pumpout facility and, realistically,
                   the only approporiate place would be at the public boat
                   ramp at Cashman Park on the Newburyport side. Indirect
                   action would be to require that any new marina include
                   a pumpout station in its design and require that any
                   significant modification of any existing marina also in-
                   clude the addition of a pumpout station.

                        The mooring areas currently in use are relatively
                   filled and in some,areas are encroaching on the channel.
                   One area that does not yet have many moorings is the area
                   in front of the new waterfront park. There are at present
                   only a limited number'of privately-owned or marina-owned
                   moorings in this area, mainly because it had been an un-
                   desirable location when the adjacent waterfront was, unused

                                             930

                and contained only unsightly and unusable dock ruins.
                With the new bulkhead and floats, however, it has be-
                come a decidedly more attractive spot as the increase
                in mooring permit applications will attest.

                     In order to get,maximum community benefit from the
                bulkhead and waterfront park the City should consider
                limiting or prohibi.ting.individual or marina-owned
                moorings in this area and instead installing publicly
                owned moorings to be used in the same manner as the public
                slips at the bulkhead.

                     Moorings are a relatively inefficient use of water
                area and.the very congested nature of the Merrimac in
                summer presents quite an obstacle course to boaters, both
                recreational and otherwise. Furthermore, the space avail-
                able in the convenient and desirable parts of the harbor
                is rapidly diminishing with the increasing demands by new
                boat owners or boat owners who want to change from trailer-
                ing to mooring for its greater convenience. Increased
                scarcity of suitable mooring sites is likely to continue.

                     Greater control by the harbormasters could help the
                problem somewhat by permitting more careful overall harbor
                planning of mooring placements to obtain more efficient
                space utilization. At present, although the harbormasters
                exercise nominal control over mooring placements, this is
                really just a formality and few mooring applications are
                turned down or modified.unless the requested site is grossly
                inappropriate such as, for example, locations that impede

                                          231

                   access to and from the Coast Guard Station and might thus
                   interfere with patrol boats on boating assistance missions.
                   In fact, the main function of the mooring records at present
                   is to have a central local record of who owns what boat in
                   case the craft is in danger or improperly placed or is the
                   object of vandals or thieves. The two communities should
                   empower their harbormasters to develop an overall mooring
                   plan that will more efficiently use'the available space and
                   specifically assign spaces that are consistent with that
                  @Plan. In all probability, few of the current moorings would
                   be seriously affected by such a plan, though some may have
                   to be moved slightly,@and the main impact could be limited
                   to the placement of new moorings.

                        Consideration should also be given to radically new
                   and novel solutions to the mooring space problem. In par-
                   ticular, it may be possible to place mooring rafts in the
                   harbor, essentially free floating slips that are not con-
                   nected to.the shore. Such a mooring raft would be nothing
                   more that a string of typical marina floats, but rather
                   than being attached to a pier or*other floats at the marina,
                   it would be moored at both ends so it doesn't rotate with
                   changes in wind and current, and boats would tie alongside
                   it as they,would alongside a shoreside float. In this way,,
                   as many as six,to ten boats could be stored in the same water
                   area that would be needed for only one or two using con-
                   ventional mooring arrangements. The boater would have the
                   advantage of the relatively lower cost of a mooring vis-
                   a-vis a slip since the most valuable and scarce shoreside
                   space would not be used, yet he would have at least some
                   of the safety, for his passengers, and convenience of a
                   slip.

                                            232

                     The logical owners and operators of such mooring rafts
                would be the marinas and clubs but because it is rather a
                novel and untried approach, it would be reasonable for the
                communities themselves, perhaps through the harbormasters,
                to install at least one such raft as a demonstration and
                test of the concept.

                X.4.2     Long Term

                     There are still a few areas of the waterfront on both
                sides of the river where the shore and adjacent water are
                suitable for marina development through strictly private
                initiative. The parcel immediately upriver of the rail-
                road bridge on the Salisbury side is one area and there
                is another area upriver of Cashman Park on the Newbury-
                port side, though it is wetland and.is surrounded by resi-
                dential abutters who have heavily opposed.development of
                this land in the past.

                     In the long term, however, a significant expansion of
                recreational boating will require major basin and channel
                work by the public along with the private shoreside develop-
                ment. On the Salisbury side the only possible location for
                such development would be on what is now tidal marshland
                and, while development is not totally precluded by environ-
                mental considerations, it D3 clear that the environmental
                problems.would be severe and is is recommended that sites
                in the Salisbury marshes not be considered at this time,
                even for long term planning purposes.

                     On the Newburyport side, however, the waterfront area

                                         233

                   between the Coast Guard Station and the existing seawall
                   (where the abandoned railroad right-of-way joins the water-
                   front), is with the exception of the American Yacht Club,
                   either unused or devoted to non-water uses such as the
                   electric power station and the oil storage depot. These
                   non-water users should be encouraged to consider reloca-
                   ting to areas away from the waterfront or, at least, to
                   consolidate their use-of the land back from the waterfront
                   to make this valuable.waterfront land available for more
                   appropriate use.

                        Below the yacht club, there is approximately 1000-
                   1500 feet,of waterfront that.could be developed without
                  .encroaching on clamming areas, were a channel and basin
                   to be dredged. It is recommended that this possibility
                   be considered as part of a long term plan and the Corps
                   of Engineers.be requested to conduct a study of its
                   technic.al,feasibility and an estimate of the.,cost. If
                   the construction of a basin and channel here is technically
                   possible and would not unfavorably affect the rest of the
                   'harbor and the clam flats, then an entirely new.marina
                   complex with nearly 50 acres of water area and ten acre's
                   of service land could be created.

                        This is approximately the correct ratio of land to
                   water area for complete marina complexes. For boats of
                   maximum size .30-35 feet, a marina can usually accomodate
                   15-20 boats per.acre in fixed slips, including.allowances
                   for access channels, piers, and floats. If the current
                   is.high, as it may be in such a basin, then  the berth

                                             234

                density would have to be reduced, so we would estimate
                that a marina of some 600 boats could be accomodated here.

                The ten acres of se rvice land would contain about two acres
                for service and administrative buildings. and seven to eight
                acres, of-parking which, at 90 cars per acre, will provide
                better than one space pet slip. The parking area could,
                as is common now in local marinas, be used for dry storage
                of boats,in wint er; but the basin should be designed to
                prevent entrance of ice floes so thatit can be used for
                winter wet storage with bubblers. (At present there is
                a scarcity of winter wet storage throughout the North
                Sfiore and into New Hampshire as well).

                     Obviously, this very ambitious long@term develop-
                ment must be accompanied by substantial improvements in
                the existing channel and basin and a solution to the
                problems at the mouth of the river.

                    X.5       Other Harbor Developments

                    X.5.1     Short Term

                         With the completion of the new waterfront park in the
                    summer of 1978, the downtown area and the waterfront will
                    become actively joined to each other for the first time in
                    decades.  Each can and will contribute to the other, both
                    economically and aesthetically. The marinas and associated
                    marine businesses between the park and the Route 1 bridge
                    are quite close to the business and shopping district, but
                    there is little pedestrian traffic between them. Though
                    it is possible to w alk from one marina to another, the trip
                    can involve muddy.passages, weed-grown patches, and piles
                    of floats, boat cradles, and other material. The area is
                    hardly suited to the type of,casual pedestrian traffic that
                    could bring the central business district into closer con-
                    tact with boating activities and vice-versa. A cooperative
                    clean-up effort among these marinas, possibly with City
                    assistance in the form of manpower  .and equipment, could do
                    much to improve the accessibility and 'attractiveness of the
                    waterfront to residents and visitors alike. Conversely,
                    cruise visitors who are made to feel like they are visiting
                    a lively harbor and city and not just a marina or berth for
                    the night are more likely to spend more time here and to'
                    return again or recommend*the area to their friends and
                    acquaintances.

                         .In addition to this clean-up effort, the City should
                    consider some means to assure that this access along the

                                               235

              .waterfront, in fact all along the waterfront, will continue.
              The assurance may take the form of rather informal agree-
              ments among all waterfront property owners and marinas to
              keep fences and other obstructions to the absolute minimum
              necessary to the.operation and security of their business.
              More formally, the City might acquire public easements
              across the various parcels so that public access could be
              assured, though not necessarily by means of a paved or land-
              .sc aped walkway that would reduce the usable area of.the
              waterfront land.

              X.5.2     Long Term

                   The few floats that will be part of the new
              bulkhead and waterfront park plan in Newburyport  will be
              adequate for a first year test but in the longer  term
              several other developments should be considered. There
              are many basically organizational questions that will be
              discussed elsewhere in this report but in a purely physi-
              cal sense, the few floats currently planned are going to be
              inadequate. As.currently planned, the floats could accomo-
              date only three or four luxury cruisers, perhaps five or
              six large boats, or seven to eight smaller boats. There
              are at present no firm plans for publicly owned guest
              moorings, and the floats will not have services available.
              Furthermore, the floats will use less than a third of the
              waterfront footage of the new bulkhead.

                   Several development possibiliti'es present themselves.
              Additional floats could be installed along the entire 900

                                        237

                  foot length of the bulkhead and/or a finger pier and
                  dolphins could be installed to permit one or two more
                  rows of floats further out in the river. If this were
                  done and.the entire bulkhead frontage given over to
                  pleasure boats, the slip capacity could be perhaps as
                  much as ten times what it will be in the short term.

                       Regardless of how many slips there are however, their
                  intended use, attraction of transient cruise trade will
                  be thwarted unless the floats are provided with some basic
                  services    at least electricity and possibly potable water
                  as well. Full services such as fuel., ice, bait', and other
                  supplies and services should probably not be offered since
                  this would put the public into the competitive marina
                  business. It would also be advisable to placeat least
                  a few guest moorings near the public floats to handle the
                  overflow ttaffic during highuse periods.

                       Another alternative would be to reserve at least part
                  of the bulkhead frontage as nighttime mooring and display
                  space for the many party boats and charter boats currently
                 ,operating in the harbor. This could both increase the
                  charter and party boat business and add to the-general
                  atmosphere of the harbor for residents and visitors. if
                  this is done however, the space should be for display pur-
                  poses only and there should be no la nd access to the boats
                  at that location. It would be both impermissible under the
                  funding contracts for the waterfront park and inconsistent
                  with the intended use of that part of the waterfront. if
                  this use of the bulkhead frontage is accepted, it would be
                  desirable to make the display spaces equally available to

                all charter boats and pa rty boats operating in the harbor,
                whether their operation is centered in Newburyport proper
                Plum Island, or Salisbury,in recognition of the fact that
                the entire harbor should be developed as a unified whole
                and not just that part closest to the Newburyport central
                business district. It is also recommended that-each boat
                owner who wishes to use this display area should be respon''
                sible for installing his own mooring system so that no,
                additional public expense is involved-.

                     Finally, whatever organizational structure is even-\
                tually selected for managerrient and operation of the
                bulkhead and floats, it,is clear that they must be ade-
                quately policed and maintained and, in particular, to
                assure that they are reserved for non-residents. There
                is clearly a great and growing potential for cruise trade
                in.this area and an essential factor in attracting it
                will be adequate,,convenient, and physically attractive
                guest facilities.,

                                         239

                   x.6        Organizational Developments

                        A complete presentation of our full recommenda-
                   tions for the administration  of thelharbor in conjunction
                   with other City functions is  presented later on in..
                   Chapter XI of-this report. Regardless of whether those
                   recommendations are implemented, however, we feel it is
                   essential for both communities, and other small harbor
                   communities as well, to re-examine the role of the local
                   harbormaster.

                        In both the communities under study and in most
                   communities, of the Commonwealth, the position of harbor-
                   master is a part time position with only a token salary
                   paid by the city or town. Though the individuals holding
                   such positions, and their usually volunteer.ass    istants,
                   are.freqpently quite dedicated and work hours that are
                   totally inconsistent with the token salary, the fact re-
                   mains that in most' small harbors the harbormaster must
                   realistically look on hi s position and duties as little
                   more than a hobby. One can only assume that this situation
                   has arisen historically because the harbormaster had only
                   limited duties such as the pro-forma issuance of mooring
                   and slip permits. With the rapid increase in boating,
                   however, and the proliferation of expensive boating equip-
                   ment, the duties of small harbor harbormasters have ex-
                   panded considerably, particularly their police functions.
                   Pilferage of removable boat equipment, especially from
                   moored boats, has become a serious problem that is
                   difficult to solve with a single part time harbor patrol
                   officer and one  or two volunteer assistants.

                                               240

                     Anot her area where harbormaster duties have expanded
                is in the operation of publicly owned waterfront facilities
                such as the boat-ramp in Cashman Park and, presumably the
                guest slips at the new bulkhead. A publicly owned fish
                pier of the type being recommended will of course expand
                harbormaster duties even further. In order to cope with
                these vastly expanded duties and responsibilities the
                communities should give consideration to either a full-
                time paid harbormaster position or at least a part-time
                position with a salary more nearly consistent with the
                duties and time requirements.

                     Funding of these increased expenses can be handled
                in several ways. It could be done with just a larger
                appropriation of general funds as is done-now or it could
                be handled with harbor derived revenues through a separate
                fund that could also coverminor expenditures on equip-
                ment for the har bormaster or the publicly owned facilities.
                Current sources of revenue in the study area are limited
                solely to fees for use of the public boat ramp but, at least
                in the case of Newburyport, future sources of revenue will
                be the floats at the new bulkhead and lease payments on the
                ice facility and these could and should be held in a special
                fund to cover harbor expenses, most notably the harbormaster
                salary.

                                         241

                 CHAPTER XI: SMALL HARBOR ADMINISTRATION

                 XI. 1 Background

                    Both of the communities in the study area, in common
                 with most coastal communities of the Commonwealth, have
                 very limited harbor related administrative structures-
                 Both have part-time harbormasters and shellfish wardens
                 whose main duties, both by statute and by custom,, are
                 limited to police functions, security of waterfront pro-
                 perty, and minor control over-moorings and waterfront
                 structures. In the case of Newburyport, the harbormaster
                 duties have also been expanded to include management and
                 operation of the public boat ramp at Cashman Park, but
                 this is an atypical function of a small harbor harbor-

                 master.

                     In any event, harbormasters in general have no
                 responsibility for harbor development planning nor the
                 power to impose a harbor master plan or even any existing.
                 or future zoning regulations. The existing powers and
                 duties of harbormasters are quite limited and in many
                 cases easily superseded by other persons or agencies at
                 local, state, or Federal levels. All of the foregoing
                 was quite evident. at the outset of this study, but the
                 grant of funds by the New England Regional Commission for
                 an ice facility in Newburyport,serve d to underscore just
                 how limited the administrative structures of small harbors
                 are and how that administrative weakness could serve to
                 impede or even thwart otherwise sound development plans.
                 It has always been accepted that small harbor development
                 can only proceed after an appropriate plan has been de-
                 veloped and after funds have been obtained. 'It is further
                 and equally clear, however, that the development plan
                 must also include an adequate institutional structure to

                                          243

                   administer both.the development of the harbor and its
                   subsequent operation.

                       The initial reason for examining the question was,
                   as we have said, the impending construction of a pub-
                   licly-owned ice-facility for commercial fishermen.
                   There are, however, other factors to encourage consi-
                   deration of a ne w harbor administrative structure in
                   N'ewburyport and, in similar or related ways, they may
                   apply to coastal communities as well. Considering each
                   in turn, they are:

                       a) The Ice Plant

                            There is at present no City agency whose duties
                       or authorities are strictly related to the receipt
                       of the NERCOM grant; the solicitation of further
                       funds sufficient to obtain an ice plant; purchase
                       and construction of the facility; establishment of
                       fees for the sale of ice; or the actual operation
                       of the facility. In the absence of such an agency;
                       all of these matters must.be handled on an ad hoc
                       basis either through the Office of the Mayor, the
                       Harbormaster, or the Department of Public Works.

                       b).Existing Public Boat Ramp

                            A similar situation has existed with the public
                       boat ramp. It is operated under an ad hoc arrange-
                       ment by the Harbormaster acting, in essence, as an
                       agent of the City Council. The Council sets rates
                       and rules of operation and the Harbormaster simply
                       acts accordingly. Revenues fr  om the facility go into
                       the General Fund and expenditures come from the
                       General Fund independently but with the approval of
                       the Council. No connection is maintained between

                                            244

                    sales income and operational expenses. This is
                    true of both routine. expenses, e.g. seasonal and
                    annual mainten ance, and extraordinary matters such
                    as capital investments, however minor they might be.
                    Among other things, it is possible that the connec-
                    tion between the revenues generated by-the f  acility
                    and its needed expenditures could become so tenuous
                    as to cause the Council or the public at large to
                    mistakenly conclude that the facility had become  a
                    drain on public funds while it could, in fact, be
                    operating in the black.

                    C) New Bulkhead and Floats

                         At present, the new waterfront park  and asso-
                    ciated facilities is under the title of the Newbury-
                    port Redevelopment Authority but the NRA will, upon
                    its completion, turn the entire facility over to the
                    City. There is no agency whose charter clearly suits
                    it to such a function so it is probable that another
                    ad hoc arrangement will be needed with the,Harbor-
                    master, the Public Works Department, or possibly the
                    Parks Department. Whatever happens, the new "owner"
                    will have to make ad hoc provisions for policing the
                   .Use of the facility, maintaining it, establishing
                    and enforcing use regulations, and operating it. It
                    is not yet clear if there will be, could be, or should
                    be fees associated with the new floats but, if so, the
                    same problems with revenues and appropriations for the
                    boat ramp could occur here as well.

                    d) Other Public Facilities
                         The longer term plans discussed in Chapter X  en-
                    vision some rather ambitious waterfront development

                                         245

                        projects for the study area and it is clear that
                        they are beyond local funding capabilities.
                        Federal or State assistance, or both, will be re-
                        quired and at present there is no properly consti-
                        tuted body whose charter deals with either the pur-
                        suit of such funds or the preparation of the neces-
                        sary detailed plans and proposals,. The Office of
                        Mayor could and probably would assume such a func-
                        tion along with the Redevelopment Authority, but
                        again we are talking of ad hoc arrangements. Should
                        such facilities be funded and built, then of course
                        the proble.nis with the existing boat ramp and the
                        nearly complete waterfront park would arise all over
                        again.

                        e) ITplementation of the Harbor Development Plan

                             A harbor development plan, in the target Com-
                        munities or any other small  communities, is a unique
                        undertaking and has no local planning counterpart
                        with the possible exception of an urban renewal or
                        redevelopment plan. Clearly, however, it is beyond
                        the purview of routine Planning Board or zoning
                        activities, and it requires something akin to a re-
                        development authority but with the entire harbor as
                        its "redevelopment area."

                        Based on all of the above points, it became clear that
                    some sort of new governmental or quasi-governmental entity
                    was or would soon be required in the study area as well as
                    in other small harbor communities wishing to pursue de-
                    velopment of their harbors. The possible form, powers,
                    and duties of such an entity will be discussed in subse-
                    quent sections of this chapter.'

                                              246

                 XI. 2 Possible Structures and Powers

                     Few, if any, models exist that could be readily
                 applied to the Newburyport situation so we have con-
                 ceived of several alternative possibilities from which
                 this or any community could choose to achieve its de-,
                 sired objectives.

                     The objectives or purpose of a harbor development
                 agency could be to:

                     a) provide an effective means of managing the acti-
                     vities and uses of the harbor area;

                     b) seek the highest and best use of   the natural and
                     manmade resources of the harbor area;

                     c) protect the natural environment of   the harbor;

                     d) promote and enhance both recreational boating and
                     commercial fishing industry uses of the harbor; and

                     e) coordinate development activities of various
                     federal, state and local agencies whose actions
                     affect the harbor area.

                     There are two primary considerations in selecting the
                 most appropriate entity to guide the development of the
                 harbor area and to achieve the above objec  tives. The
                 first is the structure or organizational framework that
                 would house the functions of harbor planning and develop-
                 ment, and the second is  the powers that are essential to
                 achieve the desired objectives.

                     There are several ways of addressing the appropriate
                 mix of structure and powers, and these ways are inter-
                 related in that certain structures tend to imply a set of
                 powers or vice versa. Within any choice of structure or

                                          247

                   powers, there are a variety of options available to a
                   community in order to create the desired harbor develop-
                   ment.entity. These options vary from creating new
                   agencies to expanding the responsibility of existing ones,
                   but one of the most important distinctions among the
                   various options is the-question of where and with whom
                   discretionary powers should lie.

                       Table XI. 1 lists in an outline format four basic
                   levels of harbor development entities with their respective
                   powers. This can be used as a first step to consider the
                   nature of the harbor de@relopment entity desired. Once the
                   nature of the entity has been determined, other considera-
                   tions come into play to implement the chosen.harbor de-
                   velopment entity.

                                            248

                                       Table XI. 1

                              HARBOR DEVELOPMENT ENTITIES
                              LEVELS, STRUCTURE & POWERS

                LEVEL I: Harbor Development

                    Structure                    Powers
                    Multi-member committee       Created by administrative
                    or line department.          order, primarily a coordi-
                    Committee composed of        nating body or office.
                    various key boards such      Has no powers other than
                    as chief executive, re-      those existing within the
                    development, planning,       Mayor/Selectmen's office
                    conservation, harbor         or other relevant boards
                    master, local user in-       or agencies. May have
                    terests, etc.                staff assigned such as har-
                                                 bor master, town planner,
                                                 etc. Relies on voluntary
                                                 interaction, may have ad-
                                                 visory board.

                LEVEL II: Harbor Development   Commission or Commissioner

                    Structure                    Powers
                    Multi-member commission      Created by municipal ordi-
                    or single-member commis,-    nance/bylaw. Can be as-
                    sioner with line respon-     signed powers and responsi-
                    sibility to chief execu-     bilities and oversight on
                    tive. Commission com-        actions of other relevant
                    posed of various indivi-     boards as a prerequisite to
                    duals outside of existing    legislative approval of
                    county agencies or as        other boards' actions. Can
                    outlined above.              b'e -assigned jurisdictional
                                                 area and authority over pub-
                                                 lic holdings and actions in
                                                 harbor area, e.g. town pier,
                                                 moorings, etc. Can set fees
                                                 or advise on fees for harbor
                                                 services. Promotes inter-
                                                 action and coordination
                                                 among various relevant agen-
                                                 cies concerned with harbor
                                                 development. Can adopt
                                                 powers of an EDIC/IDFA with
                                                 special mandate on harbor
                                                 development.

                                          249

                   LEVEL III: Harbor Development Authority

                       Structure                    Powers

                       Mul ti-member board or       Created by special act of
                       single-member authority      the legislature modeled
                       modeled after the com-       after Chapter 121 B (with
                       munity development de-       local by-law regulation).
                       partment structures as       Has all powers called for
                       discussed in OLA publi-      in Level II and assigned
                       cation No. 1 and func-       specific.area of jurisdic-
                       tioning within the local     tion and power, including
                       governmental structure.      financial as presently exists
                                                    for a redevelopment authority
                                                    with modifications as deemed
                                                    appropriate.

                   LEVEL IV: Harbor   Development Corporation

                       Structure                    Powers
                       Multi-member quasi-          Created by special act of
                       public corporation           the legislature modeled af-
                       functioning outside   of     ter Chapter 121 C. Basic-
                       the local governmental       ally functions as a develop-
                       structure.                   ment agency but with the
                                                    broad powers of an EDIC modi-
                                                    fied to include commercial
                                                    enterprises as well as indus-
                                                    trial.

                                             250

                    From the foregoing, a clearer understanding of the
                nature of the desired harbor development entity can be
                realized and a preferred preliminary structure/power
                relationship can be selected. Because of the- limited
                range of existing harbor development legislation, how-
                ever, new or modified special legislation may be neces-
                sary if a Level III or IV harbor development agency is
                desired. For illustrative purposes, let us assume that
                a Level III agency is desired with the maximum powers
                that exist and can be delegated to local governments.

                    Firs-, of all, the precise structure should be deter-
                mined. This step is important since it determines where
                the discretionary powers will be, and who would have
                these powers, and to whom they would be accountable.
                Basically, there are two choices:

                    a) An Independent Board (Authority) appointed by the
                    mayor and/or city,council in the case of a city or
                    appointed,by the selectmen/moderator or elected by
                    ballot in the case of a town'. There are various
                    combinations and permutations of these methods of
                    appointment/election in each case, but the general
                    point is the creation of an independent municipal
                    authority within local government that retains vir-
                    tually all,of the discretionary power over harbor
                    development with only limited oversight by the chief
                    executive and legislative bodies of the municipality.

                    b) A line agency under the direct control of the
                    chief executive. The agency could consist of either
                    a 11commission" or a single-member authority. The
                    single-member concept is simply a convenient tool to
                    vest certain powers in an agency under the control of
                    a single professional person who in turn is directly

                                        251

                       accountable for his actions and decisions to the
                       chief executive and legislative body. This method
                       focuses responsibility on one individual who is
                       directly accountable to elected officials., The
                       intent is to create an entity that is accountable
                       within the generally elected municipal government.

                       structure.

                       Either of.the above choices is acceptable and each has
                   its pr ecedents. In the case of the former, housing or
                   redevelopment authorities serve aq convenient examples.
                   In the latter case,, examples would include water, sewer,
                   or public works commissioners; state agency commissioners,
                   and, in a few-instances, community development authority
                   directors. The ultimate choice is a political one that
                   should be based on such factors as the political tradition
                   in a municipality, the degree of political sophistication,
                   the strength or form of local government, and the degree
                   of commitment and demand for action on the part of the
                   local political leadership.

                       Once.the fundamental structure' is determined, the
                   exact nature of the powers necessary to achieve the pur-
                   pose of the harbor authority must be worked out. The fol-
                   lowing is a list of some of the powers that a Level III
                   harbor authority should have to assure the implementation
                   of its planstprograms and objectives:

                       a) Control or some form of jurisdiction over a
                       specified area of land and water necessar  y to and
                       consistent with the proper development of the en-
                       tire harbor area.

                       b) Specific authority over activities in the area
                       of jurisdiction including placement of moorings, type

                                             252

                   and size of moorings, dredging areas, channels,
                   piers, floats, launching ramps, boat liveries, and
                   land use.including parking areas, marinas, gas
                   facilities, ice facilities, et c.
                   c) Authority to construct facilities for the effi-
                   cient use of the harbor including piers, warehouses,
                   launch ramps, mooring systems, and related installa-
                   tions.

                   d) The ability to buy and sell land for any purpose
                   consistent with or necessary to proper harbor usage
                   and development. Limits may be placed and detailed
                   definitions of what is deemed appropriate may be set,
                   but generally any public, commercial or industrial
                   use that focuses activity and promotes development
                   and use of the harbor would be acceptable.

                   e) The authority to promulgate regulations governing
                   the use of facilities under its control including
                   fees for moorings, rental of slips, or other use fees.
                   Such fees may be established by the local legislative.
                   body, approved by it, or otherwise checked to assure
                   that,charges are reasonable and appropriate.

                   f) Law enforcement powers in order to regulate and
                   police harbor usage. Included here would be powers
                   of the harbor master, the harbor patrol, or the regis-
                   try of marine@vehicles. The entity would also have
                   the power to levy fines or penalty fees as established
                   by the local legislative body.

                   g) Receipt of funds such as federal or state grants,
                   gifts and donations, grants from private foundations,
                   municipal appropriations, and so forth; and the power
                   to expend such funds as necessary to its operation.

                                        253

                      h) Preparation and execution of plans for the
                      development of the harbor including all land areas
                      and functional activities within the harbor authority
                      jurisdiction.

                      i) To have the powers of or be-capable of function-
                      ing as an Economic Development and Industrial Cor-
                      poration (EDIC),'Industrial Development and Finance
                      Authority (IDFA), and a Limited Dividend Corporation
                      (121A) under the laws of the Commonwealth. Such
                      powers to be primarily concerned with raising funds
                      through the issuance of debt, subject to the con-
                      trol of the municipality.

                      j) To sue and be sued as is customary with public
                      agencies subject to the laws of the Commonwealth
                      governing the accountability and authority of public
                      agencies.

                      The above powers as listed are not complete nor defi-
                  nitive, bu@ they.provide a list of the types of powers a
                  harbor authority ought to have to achieve its objective s.
                  The limitations or checks against the power of the authori-
                  ty could be controlled in.various ways.

                      First of all, the chief executive would exercise direct
                  control over the exercise of@these powers. Secondly, no
                  power can be exercised by the authority if it supersedes
                  the powers of other municipal agencies such as the plan-
                  ning board, conservation commission, and the@ like. More
                  explicitly, the powers of an EDIC, IDFA, and 121A corpora-
                  tion would be controlled by the state as would other
                  activities subject to the review and approval of state
                  agencies.

                                           254

               XI. 3 Community and Harbor Development Authority

                   While the preceding section dealt in rather general
               terms with the possible structures and powers of a har-
               bor development entity, the nature of the study area,
               especially Newburyport, is such that the development of
               the harbor and the development.'@ of the community at
               large are so closely intertwined as to be nearly synony-
               mous. Because of this close linkage, the study team
               feels that the specific organizational plan that would
               best suit. Newburyport would place the harbor development
               function under the same roof, as it were, with the more
               generalized community development activities.

                   Accordingly, it is suggested that the City move to
               create a Community and Harbor Development Authority with
               the powers necessary to accomplish its objectives.. This
               can be achieved by consolidating several of the existing
               agencies in the.City with broad powers in the area of
               harbor and community development under a new community
               and harbor development mandate. Under certain options,
               it may not require special legislation and, in fact, it
               may be largely accomplished'. by City ordinance or charter
               revision.

                   The following organization chart depicts the overall
               framework of the suggested community and harbor develop-
               ment authority for the City. Essentially, it consists
               of consolidating the line functions of the harbor master,
               shellfish warden, harbor facilities maintenance, planning
               (and zoning), urban renewal and the inspection functions
               of building, wire, plumbing, gas etc. These line agency
               functions would be under the control of the Community and
               Harbor Development Coordinator (or Director) who would be
               directly-accountable to a Community and Harbor Development

                                         255

                                                         SUGGESTED NEWBURYPORT COMMUNITY AND HARBOR DEVELOPMENT AUTHORITY

                                                                      MAYOR                     CITY COUNCIL
                                                                 CHM. EX. OFFICI@O

                                                               FISCAL PROGRAM AND            FISCAL PROGRAM AND
                                                                 POLI'CY DIRECTION             POLICY APPROVAL

                                                              NEWBURYPORT COMMUNITY    4- - - - - - - -       HARBOR DEVELOPMENT
                                                              AND HARBOR DEVELOPMENT                          ADVISORY COMMITTEE
                                                                   AUTHORITY                                    (INCLUDING REPS.
                                                                                           PROGRAM AND           FROM SALISBURY)
                                                                  (3-5 MEMBERS)
                                                              PROGRAM AND POLICY DVT.     POLICY REVI
                                                                                                             COMMUNITY DEVELOPMENT
                                                                                                              ADVISORY COMMITTEE

                                           ADMINISTRATIVE            NEWBURYPORT
       I".)                                   ANO,FISCAL             COMMUNITY AND             STAFF
       ul                                  SERVICES OFFICE        HARBOR DEVELOPMENT   - - - - - - -                      PLAMNING BOARD
       cr%                                                      AUTHORITY COORDIWATOR      TECHNICAL ASSISTANCE       CONSERVATION COMMISSION
                                                                                                                               IDFA
                                                                                                                         HOUSING AUTHORITY
                                                                                                                      ZONING 06ARD OF APPEALS
                                                                PLANNING                                                HISTORIC COMMISSION
                                          HARBOR RESOURCE           0          URSA                BUILDING AND             F HEALTH AND OTHER
                                                                NO Z NING         ON RENEWAL                             I
                                        MANAGEMENT OFFICE                           FFICE        C                   BOA
                                                                                                             ME
                                                             L A OFFICE                          ODE ENFORCE   NT      AIRP@PRIOOIPRIATE AGENC I ES
                                                              CITY PLANNER]
                                          HARBOR MASTER                      IURBAN RENEWAL    [BUILDING IN
                                         SHELLFISH WARDEN                    L  RELOCATION       Wl"NG INSPECTOR_
                                        HARBOR MAINTENANCE                                    FUNDING INS   PECTOR
                                                                                               I  GAS INSPECTOR7

                                                                                               SANITATION-INSPECTOR

                                          FIGURE XI.3.1 ORGANIZATION CHART OF SUGGESTED NEWBURYPORT
                                                                  CM-TUNITYAND HARBOR DEVELOPMENT AUTHORITY

               Authority. The Authority would receive fiscal, pro-
               gram and policy direction from the Mayor with approval
               by the City Council. The Authority would also be sub-
               ject to program and policy review-by harbor development
               and community development advisory committees.

                    The functional position of each component of City
               government under the proposed new arrangement would be
               as follows:

                    a) The Mayor

                         The Mayor, as chief executive, has the overall
                    responsibility of guiding the development of the City.
                    He has the authority over various town agencies,
                    especially the line departments proposed to be
                    transferred to the Community and Harbor Development
                    Authority. The Mayor could be made a part of the
                    Community and Harbor Development Authority as chairman
                    ex-officio or he could remain separate from the
                    Authority. In the former case, special legislation
                    may be required and this will be discussed later along
                    with the question of the creation of the Community
                    and Harbor Development Authority. Under either op-
                    tion, however-, the Mayor would provide varying de-
                    grees of fiscal, program and policy direction over
                    the affairs of the Community and Harbor Development
                    Authority.

                    b) The City Council

                        As the legislative body of the City, the Council
                    would have the responsibility for approving expendi-
                    tures and raising funds for the operation of the Com-
                    munity and Harbor Development Authority. It also
                    would have significant policy and program control

                                         257

                       both through the "purse strings" and under various
                       relevant statutes such'as 121B (urban renewal).
                       The Council could also exercise even greater con-
                       trol over the Community and Harbor Development
                       Authority's activities, if necessary, through its
                       ordinance powers.

                       c) Community and Harbor Development Authority

                            As the title implies, this,authority would be
                       the agency responsible for developing and executing
                       community and harbor development plans, programs,
                       and policies. The authority can be composed of 3
                       to 5 members, but because of the heavy work load, a
                       large group is recommended to provide an opportunity
                       for 3-member subcommittees. The authority would
                       derive most of its discretionary powers from Chapter
                       121B, the urban renewal enabling legislation, and
                       could be formed in one of several ways:

                               Abolish and reconstitute the existing New-
                            buryport Redevelopment Authority (NRA) through
                            special act and at the same time make provi,sions
                            for the Mayor as chairman ex-officio;

                            2. The NRA voluntarily votes to dissolve itself
                                                   I
                            in accordance with the provisions of 121B and
                            the City substitutes a new authority (Community
                            and Harbor Development Authority) as prescribed
                            by 121B; or

                            3. Re-title the NRA, keeping the existing mem-
                            bership for transitional purposes and phasing
                            in new members to achieve the appropriate mix
                            of harbor and urban renewal representation.
                            This could beaccomplished by ordinance or

                                            258

                          .,charter revision, as appropriate,     with the
                           voluntary.acceptanceof the NRA.        This option
                           could be the   most easily accomplished and
                           would assure   continuity and smooth transition
                           from current   NRA projects to new activities.
                      d) Harbor Development Advisory Committee

                           This committee would be composed of       10 to 15
                      citizens having a direct concern with the       development
                      of the harbor such. as commercial and sport fishing
                      operators,, recreational boaters, and      representatives
                      OfIthe Town of Salisbury. Their function would be to,
                      review the Community and Harbor Development Authori-
                      ty's policies and programs as they relate'to their
                      special interes  ts and to hol  d whatever power over the
                      Authority  s decisions that the City chooses to grant!

                      e) Community Development Advisory Committee

                           This committee would also be composed of 10 to 15
                      citizens,lbut having a direct interest in community
                      development in general, especially downtown renewal.
                      Its,mandate would be similar to the Harbor Development

                                  u
                      Committee b't   with concern over its    particular in-
                      tere.sts, and'it would provid-&'inp'Ut to the Community
                      and Harbor Development Authority accordingly.

                      f) Community.and Harbor Development Authority Co-
                         ordinator

                           The Community and Harbor Development       Authority
                      Coordinator would be charged with executing the plans,
                      programs and policies of the Authority. He would         be
                      the chief executive officer of the Authority, and        as
                      such he would have control over the      various line

                                              259

                       offices in his jurisdiction. As an appointee of the
                       Conmunity and Harbor Development Authority (subject
                       to whatever confirmation desired), he should be a
                       skilled professional administrator in the area of
                       planning and development, and it is recommended that
                       he work under a long-term contractual arrangement
                       (3 years).with the Authority. His position would be
                       exempt from civil.service provisions, and he would be
                       responsible for the recruitment and hiring of sub-
                       ordinate staff. His authorized staff would handle

                       all of the fiscal and administrative services needed
                       by the Authority in its own operations, and various
                       City agencies whose interests are closely related to
                       harbor and community development would also receive
                       staff and technical assistance through the Coordina-
                      .tor's office. These agencies would include the
                       Planning Board, Conservation,Commission, Housing
                       Authority, IDFA, Zoning Board of Appeals, Historic
                       Commission, Board of Health, and others as appropriate

                       or necessary.

                            The Community and Harbor Development Authority
                       office would provide an opportunity for coordinating.
                       the issuance of development permits through its line
                       agency control and staff/technical assistance rela-
                       tionship as outlined above.

                       g) Harbor Resource Management Office

                            This office would be the prime line agency
                       responsible for managing the harbor facilities, ser-
                       vices and resources that are primarily water related.
                       These facilities would include moorings, regulation
                       of private marinas, public piers and wharfs, storage

                                            260

                    EIaciliti.es, launching ramps and the like. The har-
                    bor master, shellfish warden and a maintanance.
                    person(s) would be housed within this.office. Most
                    importantly, the proposed icle facility would be
                    under the jurisdiction of this office, and operation
                    and maintenance would be handled by staff assigned
                    accordingly or through special lease arrangements
                    with a fishing cooperative or other local operation
                    such as a marina. The same would be true of any
                    future publicly-owned developments in the harbor,
                    such as a public commercial fishing pier.

                    h) Planning and Zoning Office

                         The planning and zoning office would house the
                    city planner. It is recommended that the city plan-
                    ner also be appointed as the zoning administrator for
                    the City in accordance with the provisions of Sec-
                    tion 13 of Chapter 40A as amended. His functions
                    would include general municipal planning, staff ser-
                    vices to the city planning board, planning assistance
                    to other Community and Harbor Development Authority
                    line agencies, zoning board of appeals, and other
                    planning-related services and functions as necessary.

                    i) Urban Renewal Office

                         The existing urban renewal  staff would be trans-
                    ferred to the Community and Harbor Development
                    Authority and would continue to administer current
                    projects. This office would also function as the
                    implementing agency for new urban renewal projects
                    throughout the City and especially projects related
                    to harbor development   As an urban renewal office,

                                           261

                       its operation would be similar to its current
                       operation, except that the Community and Harbor
                       Development Authority Coordinator would exercise
                       control over its operation. Existing and future
                       Community Development Block Grant,funds would also
                       be administered partly through this office.

                       j) Building and Code Enforcement Office

                            Consolidation of the building inspection func-
                       tions into one line office would provide direct
                       coordination among related inspection activities and
                       an opportunity to administer a concentrated code en-
                       forcement program. The building inspector would
                       function as the zoning enforcement agent prescribed
                       by Chapter 40A as amended. The function of wiring,
                       gas and plumbing inspection would also be housed in
                       this office. Also, it would'be desirable to include
                       the sanitation inspector or housing inspector within
                       this office, but generally, not those functions which
                       are considered to be under the authority of the City
                       Board of Health, such as restaurant and nursing home
                       inspection. The exact nature of the division of
                       responsibility between housing and community develop-
                       ment, health regulation, and general public health
                       regulation would need definition and further clari-
                       fication.

                                            262

            CHAPTER XII_REGULATION OF MASSACHUSETTS' HARBORS

            HARBORS

            XII. 1  General

                 Authority over Massachusetts' harbors rests at all three
            levels of government; federal, state and local. Traditionally,
            the United States Coast Guard and the U.S. Army Corps of En-
            gineers have been the primary agencies at the federallevel
            which have held authority over harbor waters, the Coast Guard
            having as its primary concern navigational safety while the
            Corps.of Engineers focused on structural alterations and.dred-
            ging in harbor areas. This is not mennt to imply that these
            agencies and others discussed are restricted to harbor areas
            but only, for the purposes of this study, to indicate their
            relationship to harbor waters and associated activity. The
            National Oceanic and Atmospheric Administration (NOAA) of the
            U.S. Department of Commerce through the Coastal Zone Management
            Act of 1972 has been mandated a key role in establishing guide-
            lines for the-future of the United States" coastal areas.and
            .thus is the third federal body with authority that can have an
            impact upon Massachusetts' harbors. Since the development of
            Coastal Zone Management plans has been delegated to the states,
            further description of the Coastal Zone Management Program will
            be undertaken with the appropriate state agency later in this
            chapter.

                 The Commonwealth of Massachusetts maintains authority over
            its harbors through several agencies, though they are consoli-
            dated within three secretariats: Executive Office of Environ-
            mental Affairs, Executive Office of Human Affairs (Department
            of Public Health), and the Executive Office of Public Safety.
            Their responsibility extends to such areas as health, safety,
            access, marine vehicle registration, navigational and structural
            regulation, construction and maintenance, and pollution abatement.

                 The Executive Office-of Environmental Affairs maintains the
            overwhelming responsibility for harbor waters and related activi-

                                        263

                ties through the Department of Environmental.Engineering;
                the Department of Fisheries, Wildlife and Recreational Vehi-
                cles, and the Office of Coastal Zone Management. The remainder
                of state involvement in these marine and harbor areas rests
                with the Department of Public Health and the Department of
                Public Safety of the Executive Offices noted above.

                     Massachusetts municipalities also have the responsibility
                and the authority to control and regulate marine activities
                within their harbors and coastal waters.. The principal agent
                at the local level for regulating and overseeing marine activi-
                ty is normally the harbormaster; however, other authority over
                coastal waters within local jurisdiction can be vested in shell-
                fish wardens and harbor patrol officers and the municipal police
                department. Local ordinances and by-laws may also be used to
                broaden local controlover coastal activity in areas not in con-
                flict with either state or Federal authority. The Conservation
                Commission, a local appointive body, possess authority over-
                actions affecting wetlands, including tidal marshes and flats.
                Figure XIIA indicates the governm ental agency responsibility
                over harbor areas at all three levels of government.

                XII.2 State Agencies

                     2.1 Executive Office of Environmental Affairs

                     2.1.1 Department of Fisheries, Wildlife and Recreational
                            Vehicles

                          The Department of Fisheries, Wildlife and Recreational
                     Vehibles of the Executive Office of Environmental Affairs
                     has within it the.Division of Marine Fisheries, the Divi-
                     sion of Marine and Recreational Vehicles, and the Public
                     Access Board, each of which possess authority over certain
                     aspects of Massachusetts harbors.

                          a. Division of Marine Fisheries

                                  The Division of Marine Fisheries is responsi-
                             ble for administering Chapter 130 of the Massachu-

                                            264

                                                                     1-U.S. GOVERNMEN

                                                                        AR Y CORPS      NA IONAL OCEANIC
                                                                        I  OF          [ANTTDDIATMOSPHEREIC
                                                                        ENGINEERS        ADMINISTRATION

                                                            [COMMONWEALTH OF MASSACHUSETTS]
                                            g
                                               DEPARTMENT          EXECUTIVE  OFFICE             DEPARTMENT
                                                   OF                      OF                      OF
                                             PUBLIC SAFETY       ENVIRONMENTAL AFFAIRS       PUBLIC HEALTH

                                                   F-
                                        DEPARTMENT OF FISHERIES,        OFF 'C E OF          EPARTMENT OF
                                               WILDLIFE AND             COASTAL ZONE   ENVIRONMENTAL Q UALITY
                                          RECREATIONAL VEHICLES         MANAGEMENT           ENGINEERING   @Ty
                                      DIVISION OF     DIVISION OF1      PUBLIC       DIVISIO     F    DIVISION OF
                                       MARINE AND         MARINE        ACCESS          ND A        WATER POLLUTION
                                      RECREATIONAL     FISHERIES        BOARD         ATER       E      CONTROL

                                                                              WATERWAYS,
                                                                                PROGRAM.

                                                                  LOCAL GOVERNMENTI
                                                    HARBOR     SHELLFISH   rHARBOR PATROL
                                                                                   C
                                                    14ASTER      WARDEN            OFFICER

                                                            CONSERVATION1
                                                  LOCAL
                                                 POLICE       COMMISSION
                                                                                0
                                                                                   N
                                                                                   T
                                                                                   E
                                                                                             D
                                                                                       ENVIR
                                                                                             E
                                                                                                 N
                                                                                                 PA
                                                                                                 M
                                                                                                 6
                                                                                                 E
                                                                                                 I
                                                                                                 RT
                                                                                                 N
                                                                                                   M
                                                  i@@
                                                                              @*ZE@ONOEN NTE'
                                                                               WAT ERWAYS    SH  LLI
                                                                                PROGRAM          E F

                                                                                   RIPA
                                                                                    C
                                                                          JOOF F E
                                                [4i ffN
                                                              CC

                             FIGURE XII.1 GOVERNMENT AGENCIES WITH REGULATORY
                                                     AUTHORITY OVER HARBOR AREAS

                                                                    265

                            setts General Laws. Its authority extends to the
                            regulation,' permitting and licensing of fishery
                            activity and the review of certain local activity
                            authorized by Chapter 130. The Director of the
                            Division of Marine Fisheries is authorized to aid
                            in the promotion anddevelopment of the commercial
                            fishing industry; investigate improved methods of
                            marketing and distributing commercial fish products;
                            and to establish standards and design labels for
                            the identification of commercial fish products pro-
                            cessed, prepared or packed for distribution and
                            for retail sales.

                                 The Division has responsibility for the adop-
                            tion, amendment and repeal of rules and regulations
                            regarding (1) manner of taking fish, (2) legal size,
                            limits, (3) seasons and hours during which fish
                            must be taken, (4) numbers and quantities of fish
                            which may be taken, (5) the opening and closing of
                            areas within coastal waters to the taking of any
                            and all types of fish. 2

                                 The Director:

                            (1)  may take actions that provide for the passage
                                 of salt water fish into fresh water to spawn.3

                            (2)  shall assist and cooperate with coastal cities
                                 and towns for the purpose of increasing the
                                 supply of shellfish.4
                            (3)  shall devise a system of statistical informa-
                                 tion useful to the marine fish industries of
                                 the Commonwealth ang shall compile information
                                 obtained within it.

                            (4)  shall receive annually the number of pounds
                                 and the value  of each kind of edible fish    6
                                 caught from owners of boats and fishing gear.

               1. M.G.L. C. 130, S. 17          4. M.G.L. C. 130, S. 20
               2. M.G.L. C. 130, S. 17A         5. M.G.L. C. 130, S.- 21
               3. M.G.L. C. 130,,S. 19          6. M.G.L. C. 130, S. 33

                                            266

                          (5)  is responsible for issuing a  permit for fish-
                               ing or the taking of lobsters and edible
                               crabs in coastal waters.7

                          (6)  shall not issue more than 1300 commercial
                               fishermen permits for the taking of lobsters
                               in coastal waters annually.8

                          (7)  may grant or revoke written permits for the
                               digging or taking of shellfish from an area
                               determined to be contaminated.9

                          (8)  shall promulgate rules and regulations rela-
                               tive to all permits issued under Chapter 130.10

                          Police officers of cities and towns bordering on
                          coastal waters which have accepted the provisions
                          of Chapter 130, S. 8A, shall have certain authority
                          granted to natural resources officers. These same
                          cities and towns which border coastal waters may
                          authorize any person to construct weirs, pound
                          nets or fish traps but not without the approval of
                          the Director of Marine Fisheries.11 Cities and
                          towns shall appoint shellfish constables who shall
                          initiate, promote and manage shellfish in the city
                          or town and enforce all statutes, ordinances, bY7
                          laws, rules and regulations relative to shellfish
                          in such city or town.12 These communities may con-
                          ,trol, regulate or prohibit the taking of eels and
                          any or all kinds of shelifish,,,@nd seaworms within
                          their geographical jurisdiction and may make regu-
                          lations not contrary to law.13

                                    The Commissioner of the Department of
                          Fisheries, Wildlife, and Recreational Vehicles may
                          construct and operate shellfish purification plants-
                          for the treatment of shellfish taken from areas
                          determined to be contaminated, 14 while the Director

            7. M.G.L. C. 130, S    38          11. M.G.L. C. 130, S. 29
           8. M.G.L. C. 130, S. 38B            12. M.G.L. C. 130, S. 98
           9. M.G.L. C..130, S. 75             13. M.G.L. C. 130, S. 52
          10. M.G.L. C. 130, S. 80             14. M.G.L. C. 130, S. 76

                                         267

                             is authorized and directed to study methods for
                             treatement or purification of shellfish taken
                             from such areas. 15

                                 Section 80 of Chapter 130, M.G.L., requires
                             permits for the taking of fish for commercial pur-
                             poses; a person shall not for commercial purposes
                             acquire, handle', store, distribute, process, fillet,
                             or ship or sell raw fish in bulk or for resale
                             without first obtaining a wholesale dealer permit.
                             A person shall not sell raw fish at retail without
                             a retail dealer permit. 16

                         b.  Division of Marine and Recreational Vehicles

                                 The Division of Marine and Recreational Vehi-
                             cles receives authority from Chapter 90B of the
                             Mass-achusetts General Laws. Its authority with
                             respect to harbor and coastal waters includes regu-
                             latory jurisdiction over motorboats. The Director
                             of the Division of Marine and Recreational Vehicles
                             is authorized to make rules and regulations not
                             contrary to laws of the Commonwealth or the United
                             States17 and to administer and er;force the provi-
                             sions of Chapter 90B.18 However, enforcement of
                             the law may be extended to authorized agents of
                             the Director, harbor masters and assistant harbor
                             masters, harbor patrol officers, enforcement offi-
                             cers of the Department of Natural Resources, fish
                             and game wardens, state-police, and by town and
                             MDC police assigned to patrol waters of the Com-
                             monwealth.  19

                                  Cities and towns may regulate motorboat acti-
                             vity if not contrary to Chapter 90B or its rules
                             and regulations, 20 though the Director of the

               15. M.G.L. C. 130, S. 20           18. M.G.L. C. 90B, S. 11
               16. M.G.L. C. 130, S. 80           19. M.G.L. C. 90B, S. 12
               17. M.G.L. C. 90B, S. 11           20. M.G.L. C. 90B, S. 15

                                             268

                                Division of Marine and Recreational Vehi-
                                cles may approve or disapprove any ordinance
                                or bylaw of any city or town which regulates
                                the operation of such vessels. 21

                                    All motorboats of five horsepower or
                                mo.re operating on the waters of the Common-
                                1                         22              -4
                                wealth must be registered.    Monies received
                                by the Commonwealth from fees shall be cre-
                                dited to the Recreational Boating Fund for
                                payments of the-administration and enforce-
                              .ment expenses of the Division; conducting
                                .programs of boating safety education; con-
                                struction of access to water areas, including
                                land parking areas, roads, launching ramps
                                and docks; and for reimbursement to cities
                                and towns for undertaking the above-mentioned
                                projects.23

                            C.  Public Access Board

                                    The Public Access Board'is yet another
                                agency of the Department of Fisheries, Wild-
                                life and Recreational Vehicles. The compo-
                                sition of tfie Board, however, reaches outside
                                the Department and consists of the Directors
                                of the Division of Fisheries and Wildlife;
                                Division of Marine and Recreational Vehicles;
                                Division of Marine Fis@eries;- Division of
                                Forests and Parks; and the Deputy Chief En-
                                gineer of the Division of Waterways. Section
                                17A of,Chapter 21 of the Massachusetts General
                                Laws allows the Public Access Board to desig-
                                nate locations of public access to great ponds

            21. M.G.L@. C. 90B, S.  11          23. M.G.L. C. 90B, S. 16
            22. M.G.L. C. 90B, S.   2

                                         269

                                  and other waters of the Commonwealth. The
                                  Department of Fisheries, Wildlife and Recrea-
                                  tional Vehicles may construct such roads,
                                  parking areas, docks, ramps, trails, shel-
                                 'ters, comfort stations, and related facili-
                                                            24
                                  ties as may be designated.

                    2.1.2 Department of Environmental Quality Engineering

                         The Departme nt of-Environmental Quality Engineering
                    has within its jurisdiction two agencies with responsibi-
                    lity for and authority over coastal waters and harbor
                    areas. They are the Division of Water Pollution Control
                    and the Division of Land and Water Use. The Division of
                    Land and Water Use was recently created by an administra-
                    tive act and includes among,other powers and authority
                    the Division of Waterways. The Department of Environ-
                    mental Quality Engineering for the purposes of this dis-
                    cussion has jurisdiction over water pollution prevention,
                    control and abatement; waterways management with respect
                    to navigation, commerce and related activities; and the
                    testing  of,shellfish for pollution and.contaminatio-n.

                         a.  Division of Land and Water-Use

                                  The Division of Land and Water Use, through
                             its waterways authority, is responsible for ad-
                             ministering Chapter 91ofthe Massachusetts General
                             Laws. The Division, through delegated authority
                             of the Department' of Environmental Quality En-

                              ineering,   s          wi
                            .9,         ha the follo       authority and respon-
                             sibilities:

                            ..(l) The charge of the lands, rights in lands,
                                  flats, shores and rights in tidewaters be-
                                  longing to the Commonwealth.25

                             (2)  The right to take by eminent,domain or acquire
                                  by purchase or otherwise, and hold such real

               24. M.G.L. C. 21,   S. 17A.       25. M.G.L. C. 91, S. 5

                                            270

                               property and such rights and easements there-
                               in for the purpose of constructing or utili-
                               zing of piers and in connection therewith,
                               highways, waterways, railroad connections,
                               storage yards and sites for warehouses and
                              ,industrial establishments, and may lay out
                               and build thereon... such piers, with build-
                               ings and appurtenances, docks, highways,
                               waterways, railroad connections, storage
                               yards and 3ublic warehouses as is deemed
                               desirable. 6

                          (3)  The right to adopt a program of construction
                               of piers and other waterfront terminal facili-
                               ties at any port of the Connonwealth.27
                          (4)  The general care and supervision of the har-
                               bors and tidewaterswithin the Commonwealth,
                               of the flats and lands flowed thereby in
                               order to prevent and remove unauthorized en-
                               croachments and causes of every kind which
                               may interfere with the navigation of such
                               harbors, injure their channels,or cause a
                               reduction of their tidewaters.28

                          (5)  The undertaking of such construction and work
                               for the improvement, development, maintenance
                               and protection of tidal and non-tidal rivers
                               and streams, great ponds, harbors, tidewaters,
                               foreshores; and shores along a beach.29

                          (6)  The right to license and prescribe terms for
                               construction or extension of a wharf, pier,
                               dam, seawall, road, bridge, or other struc-
                               ture or for the filling of land or flats, or
                               the driving of piles in or over tide water.30
                          (7)  The right to prescribe lines in any harbor of
                               the Commonwealth.31

                          (8)  The removal or right to have removed any wharf
                               or pier located in the tidewaters or tide
                               lands, of the Commonwealth, which in the opinion
                               of the Department is diipidated, unsafe, a
                               menace to navigation...

                 M.G.L. C. 91, S. 5            30. M.G.L. C. 91, S. 14
            27. M.G.L. C. 91, S. 9A            31. M.G.L. C. 91, S. 34
            28. M.G.L. C. 91, S. 10            32. M.G.L. C. 91, S. 49B
            29. M.G.L. C. 91, S. 11

                                         271

                             (9), The supervision of the transportation and
                                  dumping of all material dredged in the tide
                                  waters of the Commonwealth, or any other ma-
                               .@terial which may be placed in scows or boats
                                  to be transported and dumped in the tide
                                  water.33

                             The harbormaster of a city or town or whosoever is
                             so empowered by a city or town may authorize by
                             permit the mooring on a temporary basis of floats
                             or rafts,held by anchors or, bottom moorings@..
                             upon such terms, conditions and restrictions as he
                             shall deem necessary. Any person aggrieved by a
                             refusal.to permit such temporary mooring may appeal
                             to the Division, though any actions by a harbor
                             master or the.Division are subject to applicable
                             laws administered by the Division of Motorboats
                             (the,Division of Marine and Recreational Vehicles),
                             the Division of Marine Fisheries, the U.S. Coast
                             Guard, and the U.S. Corps of Engineers.34

                                  Chapter 91 provides for a Harbors and Inland
                             Waters Maintenance Fund the monies of which shall
                             be appropriated for the purpose of continuous
                             maintenance, dredging and cleaning of the harbors
                             by the Divi-sion in order to protect the wetlands
                             of the.Commonwealth.35

                         b.  Division of Water Pollution Control

                                  Sections twenty-six to fifty-three of Chapter
                             Twenty-one of the Massachusetts General Laws are
                             known as the Massachusetts Clean Waters Act. The
                             provisions of this act are the primary responsi-
                             bility of the Division of Water Pollution Control
                             of the Department of Environmental Quality Engineer-
                             ing.

               33. M.G.L. C. 91, S. 52             35. M.G.L. C. 91, S.-35
               34. M.G.L. C. 91, S. 10A

                                            272

                               The Division is mandated the-duty and respon-
                          sibility of enhancing the quality and value of
                          water resources and establishing a program for
                          prevention, control, and abatement of water pollu-
                          tioIn. 36 Among the powers and duties of the Divi-
                          sion are the adoption of regulations requiring
                          proper.operation and maintenance of waste treat-
                          ment facilities;* 37 conducting a continuing planning
                          process which will result in plans for reducing,
                          controlling and eliminating discharges to all
                          waters of the Commonwealth; 38 adopting, amending
                          or repealing rules and regulations which it deems
                          necessary for the proper administration of the
                          laws relative to water pollution control and to the
                          protection of the quality,and value of water re-
                          sources-, including regulations to control or pre-
                          vent the discharge of sewage, garbage or other
                          waste material from watercraft of any type, in-
                          cluding houseboats; 39 undertaking immediately,
                          whenever there is spillage, seepage or other dis-
                          charge of oil into any of the waters of the Common-
                          wealth or into any off-shore waters which may re-
                          sult in damage to the waters, shores or natural
                          resources utilized or enjoyed by the citizens of
                          the Commonwealth to cause said spillage, seepage
                          or discharge to be contained and removed by what-
                          ever method it considers best. 40

                             . The.Directorof the Division  is authorized to
                          ordermunicipalities and other.governmental units
                          to construct the necessary facilities in order to
                          prevent or reduce discharges to the waters of the
                          Commonwealth. 41 A permit is required from the

            36. M.G.L.   C. 21, S. 27             39. M.G.L. C. 21, S. 27
            37. M.G.L.   C. 21, S. 27             40. M.G.L. c. 21, s. 27
            .38. M.G.L.  C. 21, S. 27             41. M.G.L. C. 21, S. 33D

                                         273

                               Director for the discharge of pollutants into
                               waters.of the Commonwealth or the construction,
                               installation, modification, operation, or main-
                               tenance of an outlet for such discharge or any
                               treatment works. 42

                                    No one shall engage in the business of col-
                               lecting waste oil,or shall dispose of waste oil
                               .in any waters of the Commonwealth, without a per-
                               mit f.rom the Division I.43 Every automobile ser-
                               vice station and marina serving powered water-
                               craft shall install on the premises, and maintain,
                               waste oil retention facilities, properly sheltered
                               and protected to prevent spillage, seepage or dis
                               charge of the waste oil into storm or sanitary
                               sewers or into the waters of the Commonwealth.     44

                                    Finally, all marinas are required to be li-
                               censed by the Division of Water Pollution Control
                               and without such license they shall not be allowed
                               to operate. 45

                      2.1.3 Office of Coastal Zone Management

                           The Massachusetts Office of Coastal Zone Management
                      (CZM) is located in the Executive Office of Environmental
                      Affairs. It has been established under and funded by the
                      Coastal Zone Management Act of 1972., The Act is adminis-
                      tered by the Office of Coastal Zone Management, National
                      Oceanic and Atmospheric Administration (NOAA), in the
                      U.S. Department of Commerce. Its purpose as stated in
                      the CZM legislation is to develop and implement "manage-
                      ment programs to achieve wise use of the land and water
                      resources of the coastal zone giving full consideration

                42.   M.G.L. C. 21, S. 43             44. M.G.L. C. 21, S. 52A
               .43.   M.D.L. C. 21, S. 52             45. M.G.L. C. 91P S. 59B

                                               274

                  to ecological, cultural, historic, and esthetic values as
                  well as to the needs for economic development."

                       To aid in the development of a coastal zone manage-
                  ment plan, the Governor appointed a Citizens' Task Force
                  on Coastal Resources. The membership consisted of legis-
                  lators, cabinet secretaries, environmentalists, utilities
                  representatives, interested citizens, commercial fisher-
                  men, businessmen, sportsmen, regional planners, and mem-
                  bers'of universities. The task force. ultimately set forth
                               46
                  eleven goals:

                  (1)  develop a coastal zone management program which builds
                       upon the Commonwealth's strong tradition of local
                       government, but which also allows the state to make
                       decisions on matters with far-reaching impacts on the
                       coastalzone, or on the state as a whole.

                  (2)  encourage commercial, industrial, port,'and energy
                       facility developments which are required to meet the
                       Commonwealth's social and economic needs, and to
                       locate such developments in the areas which can best
                       absorb those activities without damaging the coastal
                       environment or conflicting with neighboring activities.

                  (3)  improve public access  to coastal lands and waters
                       which are important for recreation and leisure acti-
                       vity, and to provide better opportunities for those
                       people now restricted or prevented from enjoying the
                       recreational use of coastal lands and waters.

                  .(4) protect coastal land, water, and livingresources
                       of major significance from pollution and overuse,
                       and to, preserve from development areas of natural
                       productivity and areas prone to dam-age from floods
                       and hurricanes.

                  (5)  protect and preserve areas of valued coastal scenic
                       character, especially' those areas providing clear
                       unobstructed views of coastal lands and waters.

                  (6)  encourage economic revitalization of urban coastal
                       waterfronts through siting of facilities, redevelop-
                       ing and restoring ports, and improving physical and
                       visual, access to urban waterfronts.

            46. "Living By The Sea", Massachusetts    Office of Local Zone
                  Management, p. 5.

                                          275

                    (7)   protect coastal water supply, coastal water quality,
                          and coastal air quality as plans evolve for future
                          growth and development.

                    (8)   insure a program that meets local,needs by placing
                          emphasis on citizen and community'participation in
                          the evolution of a CZM plan and management system.

                    (9)   plan for the'potential on7shore and near-shore as-
                          pects of Outer Continental Shelf (OCS) oil and gas
                          developments as a part of the Commonwealth's CZM
                          program.

                    (10)  encourage orderly growth in developing areas, and to
                          encourage revitalization and new growth in urban
                          areas with growth potential.

                    (11)  develop a management system sensitive to the Common-
                          wealth's,fragile natural resources, and recognizing
                          future economic, social, environmental, aesthetic,
                          and historic needs. The management system should
                          provide for a careful review of developments of re-
                          gional importance, and provide mechanisms to guide
                          future growth and development.

                          The Office of Coastal Zone Management is currently
                    in its final year of developing a plan. Once completed
                    and accepted by NOAA, the states will receive funding for
                    the implementation of their plans.

                    2.2 Other State Agencies

                          Other agencies also exist at the state and area-wide
               level that possess authority ov er harbor activity. State agen-
                    such as the Department of Public Safety in the Executive
               Office of Public Safety and the Department of Public Health in
               the Executive Office of Human Services for the most part aug-
               ment the authority currently in existence in agencies of the
               Executive Office of Environmental Affairs. The Department of
               Public Safety then would be concerned with enforcement and
               safety aspects of harboi and marine regulation. The Department,
               of Public Health in i.ts responsibility for guarding the public
               health maintains regulatory authority over conditions such as
               contaminated or polluted tidal waters and flats that endanger,

                                            276

            the public health. Some of the regulatory authority previously
            found in the Department of Public Health's Sanitary Code is now
            part of the Environmental Code administered by the Executive
            Office of Environmental Affairs.

            XII.3 Regional and Local Agencies

                 .3.1 Regional

                       Area-wide agencies such as the Metropolitan District
            Commission and the Massachusetts Port Authority also possess
            definitive regulatory authority over harbor and marine activi-
            ties within their geographical area of jurisdiction. Their
            authority is unique and can be found in the statutes and regu-
            lations affecting these two agencies.

                  3.2 Local Harbor Masters

                       The principal agent at the local level responsible
            for harbor.and marine activities is the harbor master. The
            Office of Harbor Master is established through state enabling
            legisla tion, Chapter 102 of the Massachusetts General Laws,
            though severalmunicipalities maintain harbor-master authority
            through special legislation which predates the general enabling
            legislation.

                       The first harbor master position was created in 1847
            by an Act of the Massachusetts General Court for the City of
            Boston. This legislation gave the Mayor of Boston the power
            to appoint a harbormaster who would.-have the responsibility
            for regulating certain harbor activities.. Six years later,
            Gloucester in 1853 had passed similar state legislation author-
            izing the City to establish a harbor master's position. -In
            1876, Newburyport, New Bedford and Salem followed suit.

                       Then in 1881, the Massachusetts General Court passed
            a general  enabling law granting all cities and towns similar
            authority  to appoint a harbor master. This statute, Chapter
            102 of the Massachusetts General Laws, remains to this day and

                                          277

               provides the harbor master with certain authority to regulate
               the harbor area: (1) the anchoring of vessels; (2) unloading
               of lumber; (3) regulating the lower yards, topsail yards, and
               jib booms of vessels lying in the harboror at a wharf or pier;
               (4) removing,of vessels within the harbor; (5) removing of
               vessels occupying a berth at a public wharf or pier; and (6)
               regulating and stationing all vessels in the streams and chan-
               nels of the harbor. 47

                         Though somewhat outdated, Chapter 102 does establish
               the position of harbor master and provides certain authority
               within the Office, more specifically, the power to regulate
               the anchoring and movement of any vessels in the harbor. Chap-
               ters 90B and 91 of the Massachusetts General Laws contribute
               to the authority of the harbor master by granting control over
               motorboat activity 48 and allowing for permits for temporary
               moorings and floats. 49  These statutes grant certain police
               powers such that a harbor master may arrest without a warrant
               anyone committing a misdemeanor in or upon any of the rivers,
               harbors, bays, or sounds of the Commonwealth; board any motor-
               boat and conduct an investigation.

                          State law doesn't establish minimum professional or
               experience qualifications for harbor masters or assistant har-
               bor masters. The position-of harbor master is not a tenured
               position although some harbor masters ate subject to Civil
               Service law, such as Boston, or in cases whereby the communi-
               ty has passed a special statute according tenure or where the
               town has enacted the Veteran's Tenure Law. Any qualifications
               or standards may be established by local laws. The power of
               appointment in all cases is the right of a Mayor in a city and
               the Board of Selectmen in a town. Pay is fixed by ordinance,
               bylaw, or by vote of the City Council or town meeting.

               47. M.G.L. C. 102, S. 17-28
               48. M.G.L. C. 90B, S. 12
               49. M.G.L. C. 91,    S. 10A

                                             278

                      The only dispute of a harbor master's powers came up
            in the case of the Town of Scituate vs. Maxwell (339 Mass. 436).
            The Court ruled that harbor masters have authority over "ves-
            sels" but not "structures", in this case a marina. This holds
            even if the structure consists in part of floats. (See Figure
            XII.2 for a list of harbor-master communities.)

                 3.3  Shellfish Authorities and Shellfish Wardens

                      In each city and town bordering on coastal waters,
            the mayor or the selectmen shall appoint a person, or persons,
            qualified by training and experience in the field of shell-
            fishery management, as shellfish constables or deputy shell-
            fish constables.- Such shellfish constables and deputies shall
            be appointed for terms of three years. They shall, subject
            to the appointing authority, initiate, promote and manage
            shellfisheries in such city or town, and shall make or cause
            to be made, such studies as may be necessary to enhance the
            value of such shellfisheries. They shall enforce all statutes,
            ordinance, bylaws, rules and regulations relative to shellfish
            in such city or town. 50

                      The selectmen of a town borderinp upon coastal
            waters, if so authorized by their town, and the Board of Alder-
            men or the City Council of any city so situated may control,
            regulate or prohibit the taking of eels and any kinds of shell-
            fish and sea worms within such cities and towns and may make
            any regulations not contrary to law in regard to said fisheries
            as they deem expedient, including the times, places, methods,
            purposes, uses, sizes, quantities and other particulars of
            such taking, and may grant.permits and establish fees. 51

                 3.4- Other Local Agencies

                      There also exist other agencies and mechanisms of
            local government that may be used to control or regulate har-
            bor and marine activity. The local board of health through its
            regulatory authority over health hazards and the local conser-

            50. M.G.L. C. 130, S. 98       51. M.G.L. C. 130, S. 52

                                        279

               vation commission with its'authority over wetlands and marshes,
               estuaries and lands subject to tidal action are examples. The
               community itself can appoint harbor patrol officers., designate
               police officers or other bodies to have police power authority
               over coastal waters and marine activities. The city or town
               can also pass ordinances or bylaws not inconsistent with state
               or federal law that could further regulate harbor waters and
               associated activities. Many communities have ordinances or
               bylaws, or have authorized regulations that provide the harbor
               master with a greater degree of authority over harbor-related
               activity. Another control mechanism that could be used is that
               of zoning the harbor area for certain uses while restricting or
               having by special permit other uses.

                    3.5 Harbor Authority

                         Finally4 the local community might consider establish-
               ing a "harbor authority". Presently, this could only be possi-
               ble through a special act of the General Court, but with the
               home rule doctrine.it could receive general approval and speedy
               passage providing its provisions were considered positive and
               ones that would not be inconsistent with Coastal Zone Manage-
               ment Plans and traditional values of the general well-being of
               the residents of the Commonwealth. A weaker but potentially
               effective variation.of thi.s would be a harbor department or
               harbor commission undertaken solely by local initiative. Any
               of the above mechanisms would provide a focus of harbor activi-
               ties and would likely result in a more effective and efficient
               system of management over marine resources and commercial,
               recreational and to-@irist.activity. The question of harbor au-
               thorities in small.communities and other possible means of
               more formally administering small harbors will be discussed
               in some detail in the next chapter of this volume.

                                            280

                                      FIGUREXII.2

                        MASSACHUSETTS HARBOR-MASTER COMMUNITIES

                  Amesbury                             Nahant
                                                       Nantucket
                  Barnstable                           New Bedford
                  Beverly                              Newbury
                  Braintree                            Newburyport
                  Chatham                              Oak Bluffs
                  Cohasset                             Orleans
                  Danvers                              Plymouth
                  Dartmouth                            Provincetown
                  Dennis
                  Duxbury                               uincy
                  Edgartown                            Revere
                  Essex                                Rockport
                                                       Rowley
                  Fairhaven
                  Fall River                           Salem
                  Falmouth                             Salisbury
                                                       Sandwich
                  Gloucester                           Saugus
                                                       Scituate
                  Harwich                              Swampscott
                  Haverhill                            Swansea
                  Hingham
                  Hull                                 Tisbury
                                                       Truro
                  Ipswich
                                                       Wareham
                  Kingston                             Weymouth
                                                       Wellfleet
                  Lynn                                 Westport
                                                       Winthrop
                  Manchester
                  Marblehead                           Yarmouth
                  Marshfield
                  Mashpee
                  Mattapoisett
                  Milton

                                         281

               CHAPTER XIII_:@ FISHING COORERATIVES

               XIII.1 What is a Fishing Cooperative?

                    The overall thrust of the study effort has,been
               directed primarily towards small harbor development as
               embodied in physical development possibilities and public
               institutional actions. Nonetheless, it was clear from
               the outset that fisheries cooperatives can play a major
               role in developing and maintaining a small fishing in-
               dustry and that such an industry is an important factor
               in small harbor development.

                    A fishing cooperative has the same essential fea-
               tures as the more familiar and traditional farm cooper-
               atives and the food purchase cooperatives that have become
               increasingly popular in recent years. All three are
               derived from the same basic premise that there are some
               things that a group-of individuals acting together can
               do "better" than they can acting independently. What
               constitutes "better" will vary from one situation to the
               next and from one,type of cooperative to another, but
               "better" may mean more efficiently, more profitably,
               more cheaply, faster, with less capital per individual,
               or some other measure of success of the group versus
               the individual. There may even be some things the group
               can do that the individual members can't do at all.

                                      C)
                    In principle and in fact, a cooperative is very
               much like a corporation   the relevant State and Federal

                                         283

                 laws even refer to them as cooperative corporations
                 but there are several important distinctions between a
                 cooperative and a straight corporation, whether for
                 profit or not. We.will discuss those differences in
                 more detail later in this chapter, but for now the main
                 'differences to-be noted are:

                          a) Prof itability

                                  The cooperative itself shows no profit
                             but rather distributes all excess funds to its

                             members.

                          b) Representation

                                  Representation is not a function of the
                             proportion ofthe corporation owned i.e. share
                             holdings. Rather, each member has one vote.

                          c) Constituency

                             The cooperative corporation must do more bilsiness
                             with members than with non-members.

                      The final general introductory point to be made about
                 fishing cooperatives, and other types as well, is that the
                 services they perform for their members all fall into the
                 two basic categories of purchasing and marketing. As we
                 shall see, however, the details of the services they provide
                 can represent some.rather subtle subs_ets of these two broad
                 categories.

                                            284

               XIII.2 Why Form a Fishing Cooperative?

                     The fishing business in Massachusetts and New England,
               especially in the smaller harbors, has long been a capital
               shy, labor intensive, and highly fragmented industry with
               little, if any, vertical integrati6n. Each boat is usually
               owned by an individual or a family and the owner is ty-
               pically also the, captain or one of the crew members. The
               capital-shyness shows up not only in a scarcity of invest-
               ment capital for new boats, major repairs, or enuipment
               purchases but also in a chronic shortness of operating
               capital that keeps the owner in a continual cash flow
               'crisis. Part of the problem of cour   se derives from the
               fact that supply is uncertain (Contrary to the popular
               phraseology, fish are not harvested, they are hunted
               and caught, and whether or how many of them are caught
               is subject to many variables, from the weather to just
               plain luck), but even more fundamentally, the business
               has simply not been attractive enough to investors to
               properly capitalize.the, individual ente'rprise.

                     On the other side of the business, the demand for
               fish exhibits price elasticity, i.e. the market will
               absorb a certain amount 'of fish at high price but will
               only absorb more fish if the unit price drops. Be-
               cause of this price elasticity, the. income to the'
               fisherman does not necessarily rise as he catches
               more fish and it-may even decrease, but in any event
               it usually will not rise linearly with the amount of
               fish caught and sold. The many middlemen who separate
               the fisherman from the consumer operate on relat     ive-
               ly fixed margin and are insulated, to a degree, from
               these price swings; but the fisherman sees their

                                          285

                   full effect. Moreover, partially     because of his cash
                   flow problems and partially because of the-perishability
                   of the product, the individual fishermanlusually has no
                   choice but to accept the day's price, no matter how good
                   or bad it is.

                        It is in this general area of marketing the catch.
                   that a fishing cooperative can offer the greatest bene-
                   fits to its members. A cooperative can assume many, or
                   in some cases, all of the middleman functions and pass all
                   of the relatively fixed profit margins back to the fish-
                   erman in the year end poundage rebates. By virtue of its
                   size and financial power, the cooperative can,choose
                   markets more carefully than an individual fisherman and
                   shop around for better prices in say, New York, on days
                   when prices in  local markets are weak. While an individual
                   fisherman may have wide variations in his catch fro     m day
                   to day, the cooperative membership as a whole will show a
                   much more steady catch rate and thus the cooperative can
                   enter into long term supply contracts with restaurants or
                   retail markets at stable and attractive prices. Equally
                   importantly, the financial strength of the cooperative will
                   permit it to own or lease cold storage space to withold
                   fish from the market on weak price days and sell it only
                   when the price improves. The cooperative may even develop
                   markets not available to individuals. The.direct shipment
                   of Atlantic bluefin tuna to Japan is a striking example
                   of how  important this capability of a cooperative can be.
                   As a final point concerning the advantages of a coopera-
                   tive, on the marketing side, a properly capitalized fishing

                                               286.'

               cooperative can do much to alleviate the cash flow 'problems
               of individual fishermen not only by bringing some semblance
               of stability.to the e'x-vessel prices but also by guaran-
               teeing that the fisherman is paid for his catch on a regular
               schedule that is independent of how quickly or slowly down-
               stream middlemen settle their accounts.

                   All of the above points refer to the marketing func-
               tions of a fishing cooperative. There are also possible
               benefits on the purchasing side, though their overall
               financial impact is.likely to baless. Some co-ops -have
               set up retail stores for their members handling the more
               comm6n supplies and equipment such as fuel, ice, nets,
               ropes, foul-weather gear, hooks, and so on. The bene-.
               fits accrue to the fishermen in two ways. The cooperative
               store turns its "profits" back to its members and the
               membership gets the advantage of volume discounts in the
               retail price they pay. As is the case on the marketing
               side, there are also some purchasing functions that the
               cooperative can. perform that are nearly impossible for
               the individual to perform for himself. The establishment
               and operation of an ice making facility by the Tri-Coastal
               Tuna Cooperative is a timely example of such a function.

               XIII.3 Forming a Fishing Cooperative

                    There are several legal requirements to be met in
               the formation and operation of a fishing cooperative, and
               this chapter can only outline them briefly. Clearly,

                                         287

                 a group of fishermen who seriously wish to establish a
                 cooperative will have to retain a competent attorney to
                 handle their particular 'situation.

                      In general though, the first step in forming a
                 cooperative is to identify the specific areas where a
                 cooperative can be of benefit to the members of a given
                 fishing community. Some or all of the points raised in
                 the preceding section may be germane or there may be other
                 more specific needs to be met in a given community. It
                 .is suggested,.however, that a cooperative in formation
                 would best direct its.attention to a small number of
                 rather well defined objectives and only expand its role
                 and objectives after it has become established. Once
                 these initial goals are identified, probably through the
                 usual informal discussions among fishermen, then a
                 commitment to join the cooperative must be obtained
                 from a sufficient number of members-to-be. Under Massa-
                 chusetts law, at least seven members are required but,-
                 more realistically, a new cooperative should have many
                 more than this minimum number to have any hope of sur-
                 vival and growth.   Discussions with existing cooperatives
                 indicated that not  all members will be active members
                 and that there will  be attrition as members move, change
                 employment, or simply decide that the cooperative is not
                 for them; and an insufficiently large membership will
                 place too great a financial strain on each individual.
                           L>

                       With the goals defined and the potential members
                 lined up, the next step is to select the organizational

                                            288

              format and legally create the cooperative entity. Here
              again, a group wishing to form a cooperative should con-
              sult a lawyer.. but there are three basic formats avail-
              able - a general partnership, a limited partnership, or
              a corporation. A general partnership is defined as an
              association of two or more persons who engage in business
              for profit, with each partner being personally liable for
              all of the obligations of the entity. A limited partner-
              ship is much the same except one or more partners has
              liability limited to his investment and may not partici-
              pate in the management of the enterprise. In a limited
              partnership, at least one person must be a general part-
              ner with unlimited liability for the partnership. In a
              corporation, of course, the liability of all investors
              is limited to*their initial investment. It should be
              pointed out that general or limited. partnerships are
              usually formed in preference to corporations.either for@
              tax purposes or to meet some  professional standardor
              tradition as in the case of accounting firms. Since
              neither applies here, however, it is likely that a new
              cooperative will be a corporation as are all existing
              cooperatives in Massachusetts.

                   At this point it should be pointed out that any group
              of fishermen interested in establishing a cooperative would
              be well advised to contact one or more of the existing
              cooperatives to draw on their experience in starting and
              running their organizations. The study team found that
              these organizations were most helpful and willing to provide
              such information and all expressed a w illingness to assist

                                         289

                fellow fishermen in a similar manner. It may even be
                more attractive to a formative cooperative to either
                join an existing organization instead of starting their
                own or to form some sort of mutual assistance rela-
                tionship with an established cooperative to grease the
                ways for their own startup. In any event, the experience
                of the existing organizations is one of the most valuable
                resources available to an embryonic cooperative and it
                should be used ful ly. A list of the existing cooperatives
                in the area is shown in Table XIII.3.1.

                     The capital needs of a cooperative can be met from*
                several sources, as we shall see later, but the initial
                injection of capital for a'newly formed cooperative comes
                from the sale of shares to the charter members. Typically,
                each member is required to buy at least one share at a
                nominal fee of say, $100 and may buy more if he wishes,
                though few do. The by-laws of the cooperative frequently
                contain the provision of guaranteed buy-back by the
                cooperative if a member wishes to  withdraw, but even in
                the absence of.such a by-law most cooperatives will still
                buy back as a means of keeping confidence in.the coopera-
                tive high. Beyond this initial commitment of investment
                capital, most cooperatives also charge a yearly fee of each.
                member, again a nominal sum of say, $25.

                     Another essential part of the founding  of any organ-
                ization is the drawing.up of a constitution   and by-laws.
                Here again, consultation with an attorney is essential,
                though the by-laws of the existing cooperatives can be
                used as a model, Typically, the existing cooperatives
                operate with a president, vice-president, treasurer, and

                                            290

                                    Table:XIII.3.1

                                EXISTING COOPERATIVES

                Chatham, Massachusetts

                     Chatham Seafood Cooperative
                     617-945-1486
                     Richard N. Larsen, Manager                 Cod
                     134 Depot Road                             Haddock
                                                                Halibut
                     Chatham, Massachusetts 02633
                     Members: 84 Boats: 41
                     Type: Marketing.and Supplies

                Fairhaven, Massachusetts

                     New Bedford Seafood Cooperative Assoc., Inc.
                     617-996-8539
                     Jospeh P. Boldiga, General Manager         Cod
                     Fish and Scallop Division                  Flounder
                                                                Haddock
                     Fairhaven, Massachusetts 02179             Scallops
                     Members: 135 Boats: 175 -
                     Type: Marketing and Purchasing

                Gloucester, Massachusetts.

                     Gloucester Whiting Association, Inc.
                     .617-283-9369
                     Dominik Spinola, President
                     c/o Fishermen's Wharf                      Cod
                     37 Rogers Street, Rear                     Haddock
                                                                Whiting
                     Gloucester, Massachusetts 01930            Shrimp
                     Members: 70 Boats:     12
                     .Type: Marketing and Supplies

                                         291

                                     Table-@XIIIA.l (cont.)

                                     EXISTING COOPERATIVES

                    Narrangansett,  Rhode Island

                          Point Judith Fishermen's Cooperative Assoc., Inc.
                          401-783-3368
                          Jacob J. Dykstra, President                 Flounder
                          P.. 0. Box 752                              Lobster
                                                                      Whiting
                          Narrangansett, Rhode Island   02882         Groundfish
                          Members: 130 Boats: 61
                          Type: Marketing and Supplies

                    New Bedford, Massachusetts

                          New.Bedford Seafood Cooperative Assoc., Inc.
                          617-993-9926
                          Leif Jacobsen, President
                          (Fuel Division), Co-op Wharf                Cod
                          New Bedford, Massachusetts 02740'           Flounder
                                                                      Haddock
                          Members: 135 Boats: .175                    Scallops
                          Type: Marketing and Supplies

                    Newburyport, Massachusetts

                          .Tri-Coastal Seafood Cooperative, Inc.
                          617-465-8188
                          David Fyrberg, General Manager              Tuna
                          P. 0. Box 649
                          Newburyport, Massachusetts 01950
                          Type: Marketing

                                               292

                               Table.XIII.3.1 (cont.)

                               EXISITNG COOPERATIVES

               Saugus, Massachusetts

                    The Atlantic Lobstermen's Cooperative, Inc.
                    627-233-2642
                    Fred A. Wilson, Manager
                    134 Ballard Street                       Lobster
                    Saugus, Massachusetts 01906
                    Members: 425 Boats: 350

                                        293

                  secretary and a strong board of directors meeting on
                  a bi-weekly or monthly basis. The full membership
                  usually only meets annually. All of the existing
                  cooperatives.in the Commonwealth also have a salaried
                  business manager (with this'or another title) who runs
                  thecooperative on a daily basis with a great deal of
                  autonomy. Based on our discussions with existing
                  cooperatives, the study team strongly recommends that
                  the business manager, whether full time or part time,
                  should be a professional who has at least a familiarity
                  with the fishing business but is not a practicing
                  fisherman. Knowledge of fishing is helpful, but busi-
                  ness management skills are much more important. Also,
                  depending on the size and success of the cooperative and
                  the size of its paid staff, the treasurer and secretary
                  could and probably should be employees ofthe cooperative
                  rather than members.

                  XIIIA Operating a Fishing Cooperative

                       The actual details of operation of a cooperative
                  vary significantly.from one to another based on many
                  factors such as size, species fished and handled, mar-
                  keting method, seasonality, and the preferences of the
                  members. A new cooperative will have to tailor its
                  operating method to its own peculiiiir circumstance, but
                  there are a few suggestions that will probably be gene-
                  rally applicable.

                       The division of labor among the general membership,
                  the officers and board of directors, and the paid staff

                                             294

               including the business manager is fairly standard
               among the existing cooperatives. The business mana-
               ger has the responsibility of day-to-day operations
               including hiring his authorized support staff; running
               the coop office and other facilities; arranging for
               collection, storage, transportation and sale of the
               catch; marketing the catch and negotiating prices;
               and establishing the ex-vessel price each day based
               on his best estimate of the sales price and allowances
               for cooperative expenses. The board of directors hires
               and supervises the business manager; makes most policy
               decisions on behalf of the general membership; approves
               6r disapproves capital expenditure proposals of the
               business manager; authorizes debt or other annual de-
               cisions to the general membership for its approval.
               The general membership normally meets only annually
               for the election of officers and the usually automatic
               approval of board recommendations such as;tthe -oatronage

               rebate level:.,

                   To digress for a moment,.the patronage refund is the
               mechanism whereby the excess funds of the cooperative are
               returned to its members. In a regular business corpora-
               tion these excess funds would be called profits and the'
               corporation could either hold them within the corporation
               as retained earnings or could pay the funds to the inves-
               tors in proportion to their ownership of the corporation
               as dividends. In either case, the profits are subject to
               State and Federal corporate income taxes. A cooperative
               corporation, on the other hand, makes no profit itself
               and is not liable for corporate taxes but rather returns

                                         295

                all of its excess funds to its members in proportion
                to the amount of business.each has done with the
                cooperative. Since most cooperatives are predominately
                marketing cooperatives this usually means that the
                patronage rebate is set at so much per pound of fish
                sold to the cooperative.. As an example, a cooperative
                with excess funds at year end of $100,000 and total
                fish handlings for the year of two million pounds might
                declare a poundage rebate of.5(,% per pound. Then a mem-
                ber who sold 100,000 pounds to the cooperative over the
                year would be entitled to a $5,000 rebate.. It should
                be borne in mind, however, that it is umcommon and unwise
                for all excess funds to be paid out as rebates. Rather,
                a significant portion is first set aside as operating
                capital for the cooperative itself... Also, cooperatives
                that handle several differect species usually have dif-
                ferent cost centers foreach species or group of species
                and set separaterebate levels foreach cost center to
                account for the wide differences in ex-vessel prices
                between, for example, bluefin tuna and herring.

                     As we have already noted, the actual mode of opera-
                tion of.a cooperative will depend on many variables, but
                there are some points that appear to be universally im-
                portant. Perhaps the most important come under the general
                heading of member discipline and bears some discussion.
                In joining a fishing cooperative of the type we have been
                discussing   the individual fisherman is essentially be-
                coming a party to an exclusive sales agreement. He is
                guaranteeing to sell all of his catch to the cooperative,
                under a fixed set of rules, in return for which the coopera-
                tive promises to pay him promptly at the going rate for

                                            296

              the day and to market his catch along with  that of his
              fellow members in such a way as to keep the ex-vessel
              price as high as possible. The fisherman.and the coopera-
              tive are short circuiting some private businesses in the
              sale, storage, handling, and transportation of fish and
              it is not suprising that some businessmen who have been,
              affected by the establishment of a cooperative will take
              steps to reacquire some of their lost business and, not
              coincidentally, weaken the co-oD in the process. The
              most common approach is to offer ex-vessel prices a
              penny or two above those being offered by the coopera-
              tive, either to all comers or to a'few key members  'of the,
              co-op. If the members are able and willing to accept a
              small short term gain like this, then the long term
              effect is.to undermine the stability of supply of the
              cooperative and to weaken its marketing position with
              its downstream purchasers. Perhaps more disturbing,
              the outside businessman will usually try to limit his
              purchases,from. cooperative members to the highest quality
              fish and leave the rest to be bought by the cooperative
              at the fixed price for the day. This can both'lower the
              average price the co-op receives and hurt its reputation
              with its buyers. To avoid these negative effects, the
              cooperative must maintain strict disciplike with its
              members and penalize or suspend any member who violates
              his exclusive sales contract.

                   Another area where co-op discipline is important
              is in the handling of the catch. The Massachusetts fleet
              deals heavily in high-valued premium food fish, whether

                                         297

                 round or filleted, and it is a delicate product that
                 requires care in handling to get consistently high
                 prices. Ideally, it should not be handled by pick at
                 all, but the ideai.has proved nearly impossible to
                 achieve or enforce. The more important quality control
                 device is proper icing of the catch to assure its fresh-
                 ness. For the larger boats which fish Georges Bank,
                 the five to ten day trips make proper icing -not only
                 desirable but essential since their product would not
                 just lose some quality but  would completely spoil if
                 not iced. The boats that operate out of small harbors
                 are usually day trippers however, and for much of the
                 year they can get away with little or'no ice and not
                 lose the product completely, though its quality will
                 decline somewhat.

                       One of the real advantages a small boat  fleet has
                 over  its Boston/Gloucester/New Bedford counterparts,
                 however, is that its product is fresher and can thus
                 command a premium price per pound to offset the high-
                 er unit.costs of a small boat versus a larger one.
                 Nonetheless, ice is an expense that the individual
                 fisherman may decide to forego and it is highly ad-
                 visable for the cooperative to exercise some disci-
                 pline to' assure that he does not forego it and en-
                 danger the fleet reputation   for quality and freshness.
                 One possibility is for the cooperative to refuse to
                 buy fish that is not properly iced or, for those co-
                 operatives thathave ice making facilities,-to charge
                 the individual for ice at a standard rate per trip so
                 that he has no financial incentive to avoid using it.
                 Whatever mechanism is chosen however, the cooperative

                                            298

               must.in some way  assure that the inevitable short term
               .self interest of the individual members is not allowed
               to act counter to the long term interests of the mem-
               bership as a whole.

               XIII.5 Financing a Fishing Cooperative

                     There are seven basic sources of investment and
               operating capital,that are routinely and directly avail-
               able to a fishing cooperative. In addition, there are
               a large number of State and Federal programs that,,while
               they  generally do not benefit cooperatives directly, can
               be of substantial indirect benefit in providing low cost
               leased facilities to the cooperative, assisting members
               with loans, or providing technical or management assistance.
               These supplemental programs and resources are presented in
               Attachment B to this chapter and the seven main sources of
               capital forcooperatives themselves are as follows:

                     a) Capital Stock

                        .As we have noted, each member of the cooperative
                     is required to purchase one share of stock, and the
                     proceeds from that stock sale provide the seed money
                     for the establisment and operation of t  -he cooperative.
                     The amount of money involved is usually only a nomi-
                     nal amount, however, and the total proceeds from stock
                     sale are in no way sufficient to meet a significant
                     part of the capital needs of a cooperative. The same,
                     by the way, is true of most corporations.

                                           299

                       b) Annual  Fe es

                           Most cooperatives.charge their members an   annual
                       fee that presumably spreads the fixed overheads of
                       the cooperative more equitably among the active and
                       relatively inactive members. As with the stock price,
                       however, the annual fee is usually only a token amount.

                       C) Purchasing/Marketing Float

                           The cooperative sells the catch to wholesalers
                       or other downstream purchasers either for cash or
                       short term invoicing and usually only pays its
                       members their ex-vessel prices a few days later.
                       Because of this brief time lag and the fai  rly
                       constant throughput of fish and cash, the coopera-
                       tive will always have a,certain amount of cash on
                       hand that has been collected from purchasers but
                       not yet paid to members. This marketing float can
                       meet some of the operating capital needs of the
                       organization. For those cooperatives that also
                       provide purchasing services to their members, there
                       may also be a purchasing float due to the fact that
                       members will usually buy supplies-for cash or de-
                       ductions from current settlements while the supply
                       vendors are  paid on net-30-day invoices. Again,
                       the purchasing float will' meet some of the cash
                       needs of the cooperative.,

                                             300

                      d) Annu'a I  Rebates

                          Cooperatives a  Ire by their nature'n-on-profit
                      organizations and any    excess of receipts,aver
                      expenses is distributed to members as patronage
                      rebates..- The rebates   are only declared    annually
                      however, and actually    may not be disbursed until
                      some.month&after.declaration.       In the meantime,
                      the'funds that are to    be rebated are held by the
                      cooperative itself.and are available'for use'as'
                      operating capital..

                      e) Commercial    Loans

                          As with any other    person  or business,  a  doopera-
                      tive may borrow money:- from commercial banks       at
                      commercial rates.   .@Such loans  may be collateralized
                      mortgages on capital equipment or-revolving       credit
                      lines for operating capital secured by accounts
                      receivable.. The latter type of loan:'will be dif-
                      ficult to obtain for a new.cooperative with no
                      credit history but secured mortgages are relatively
                      easy to obtain even for a    new organization.

                      f) Farm Credit.System

                          Under PL   92-81m fishing cooperatives    are able
                      to obtain loans from the Farm     Credit System (in this
                      case the Springfield Bank for     Cooperatives) for
                      nearly any capital need, whether for operating cash
                      or capital improvements. Rates and terms are flexi-

                                               301

                       ble and negotiable over a range of 7k    8k,% for
                       repayment.terms of 15 years to 6k    7k% for 18
                       month repayment.

                       g) Member  Loans

                           In addition to these  basically external   sources
                       of debt, A cooperative may also borrow   from its
                       members, either voluntarily or by by-law. The
                       loans may be straight loans against notes   or they may
                       be indirect loans.as deductions from settlements or
                       rebates. In the former case, one approach that has
                       been used is to hold back a fixed percentage of all
                       settlements, say 2%, to be repaid at the end of the
                       fiscal year or.at some other predetermined time in
                       the future. In the latter case, the loan can be a
                       simple holdback or reduction in the annual rebate
                       or can be a payment of part  of settlements or'
                       rebates in scrip redeemable  through the purchasing
                       .side.of the cooperativei.. It should be noted, how-
                       ever, that-theuse of scrip   or the other forms of
                       loans from members though,deductions   defers the
                       time when they receive their proceeds   from sale
                       of catch but does not defer their tax   liability
                       from'such proceeds.. Because of this,    mostcoopera-
                       tives tend  to avoid member loans unless they are
                       .absolutely essential.

                                              302

                Attachment A: Federal and State Laws Relevant to
                               Fishing Cooperatives

                    As we have noted in this chapter, a  group of
                fishermen wishing to found a cooperative will ultimately
               'have to retain competent legal counsel, but as back-
                ground to that step, interested fishermen and public
                officials may wish to familiarize themselves with the
                relevant Federal and State Laws.

                XIII.A.1 Federal Fishery Cooperative Regulations

                Although each state has some laws regulating fishery
                or general cooperatives, the Fishery Cooperative Marketing
                Act of 1934 is the broad legal framework within which all
                fishery cooperativ es must organize and operate.

                Any group of fish and shellfish producers organized
                and operating in compliance with its provisions, is
                considered a fishery cooperative within the meaning
                of the Act.,

                Origin

                The Act is patterned after the Capper-Volstead Act,
                which was approved by Congress in 1922. It is designed
                to give fishermen the authority to organize cooperatives
                to market aquatic products harvested from their native
                habitat or from seed beds and reservoirs prepared by
                producers.

                                         303

                  Purpose

                  The Capper-Volstead Act and Fishery Cooperative Mar-
                  keting Act were enacted to permit farmers or fishermen
                  respectively to unite legally in marketing contract
                  agreements to sell their products under mutually
                  agreeable 'conditions. Without these two Acts, farmers'
                  and fishermen'� associations could not have entered
                  into marketing agreements  specifying conditions of
                  sale without violating existing antitrust laws.
                  Fishermen are mostly independent vessel or boat owners
                  who, without the Act, could not unite to negotiate
                  terms and conditions of sale for their aquatic products.

                  Requirements

                  The Fishery Cooperative Marketing Act does not impose
                         Ific form of operation on groups of fishermen
                  a speci
                  orgainzed under its provisions. Cooperatives may be
                  incorporated or,unincorporated. State Laws, however,
                  may, and usually do, prescribe specific forms of in-
                  corporation for these,organizations.

                  The marketing.services,that a  cooperative may perform
                  for members ar e not limited by the Act. Restrictions
                  on price determin ation functions, however,.are imposed
                  by law or by rules of ethics of good business practice.
                  A cooperative limiting its activities to price deter-
                  mination functions, without acquiring title of the
                  landed products, is restricted on how these should be
                  performed. Actions that monopolize or restrain trade

                                            304

                in interstate or foreign commerce by unduly enhancing
                aquatic commodity prices are prohibited by the Act.

                The National Marine Fisheries,Service checks each
                cooperative for compliance with the provisions of the
                Fishery Cooperative Marketing Act. A National Marine
                Fisheries Service representative usually visits coopera-
                tives once a year to check compliance and obtain infor-
                mati6n on their management, production, and service
                activities.

                Organizations doing business as cooperatives are required
                to comply with the Fishery Cooperative Marketing Act.
                Under the Act, cooperatives must conform with both of
                the following requirements. First, no member of the
                cooperative is allowed more than one vote, regardless
                of the number of shares of stock or his membership
                capital; or the cooperative may not pay dividends in
                excess of eight percent per year on stock or member-
                ship capital. Second, the cooperative may not deal in
                the products of non-members in an amount greater in
                .value than that handled for members. The first pro-
                vision contains two requirements. Cooperatives may
                comply with either requirement but are not required
                to comply with both.

                                        .305

                            FISHERY COOPERATIVE MARKETING ACT

                  Authorizing associations of producers of aquatic products.

                       Be it enacted by the Senate and House of Represen-
                  tatives of the United States of America in Congress
                  assembled, that persons engaged in the fishing industry,
                  as fishermen,.catching, collecting, or cultivating
                  aquatic products-on public or private beds, may act
                  together in associations, corporate or otherwise, with
                  or without capital stock, in collectively catching,
                  producing, preparing for market, processing, handling,
                  and marketing in interstate and'foreign commerce, such
                  products of said persons so engaged.

                       The term "aquatic products" includes all commercial
                  products of aquatic life in both fresh and salt water,
                  as carried on in the several States, the Disrict of
                  Columbia,.and several Territories under the jurisdiction
                  of the United States. Such associations  may have mar-
                  keting agencies in common, and such associations and
                  their members may make the necessary contracts and agree-
                  ments to effect such purposes: Provided, however, that
                  such associations are operated for the mutual benefit of
                  the members thereof and conform to one or both of the
                  following requirements:

                            First. That no member of the association is
                            allowed more than one vote because of the amount
                            of stock or membership capitai he may own.therein;

                            or

                            Second. That the association does not pay

                                            306

                         dividends on stock or membership capital
                         in excess of 8 per centum per annum.

               and in any case to the following:

                         Third. That the association shall not deal
                         in the products of non-members to an amount
                         greater in value than such as are handled by
                         it for members.

               Section 2. That if the Secretary of Commerce shall have
               reason.to believe that any such association monopolizes
               or restrains trade in interstatelor foreign commerce to
               such an extent that the price of any aquatic product is
               unduly enhanced by reason thereof, he shall serve upon.
               such association a complaint stating his charge in that
               respect, to which complaint shall be attached, or con-
               tained therein, a notice of hearing, specifying a day
               and place not less than thirty daysafter the service
               thereof, requiring the association to show cause why
               an order should not.be made directing it t6 cease
               and desist from monopolization or-restraint of trade.
               An association so complained of may at the time and place
               so fixed show cause why such order should not be entered.
               The evidence given on such a hearing shall be taken under
               such rules and regulations as the Secretay of Commerce,
               may prescribe, reduced to writing, and made a part of the
               record therein.. If upon such hearing the Secretary of
               Commerce shall be of the opinion that such association
               monopolizes or restrains trade in interstate or foreign
               commerce to,such an extent that the price of any aquatic

                                        307

                  product is unduly enhanced thereby, he shall issue
                  and cause to be served upon the association an order
                  reciting the facts found by him, directing such
                  association to cease and desist from monopolization or
                  restraint of trade. On the request of such associa-
                  tion or if such association fails or* neglects for
                  thirty days to, obey such order,. the Secretary of Com-
                  merce shall file in the district court in the judicial
                  district in which such association has its principal
                  place of business a certified copy of the order and of
                  all the-records in the proceedings together with   a pe-
                  tition asking that the order be enforced and shall give
                  notice to the Attorney General and to said association of
                  such filing. Such district court shall thereupon have
                  jurisdiction to enter a decree affirming, modifying, or
                  setting aside said order) or.enter such other decree as.
                  the court may deem equitable, and may make rules as to
                  pleadings and proceedings to be had in considering such
                  order. The place of trial may, for cause or by consent
                  of parties, bechanged as in other cases.

                       The facts. found by the Secretary of Commerce and
                  recited or set forth in said order-shall be a prima
                  facie evidence of such facts, but either party may adduce
                  additional evidence. The Department of Justice shall have
                  charge of the enforcement of such order. After the order
                  is so filed in such district court and while pending for
                  review therein, the court may issue a temporary writ of
                  injunction forbidding such association from violating such
                  order or any part thereof. The court shall, upon conclu-
                  sion of its hearing, enforce its decree by a permanent in-
                  junction or other appropriate remedy. Service of such
                  complaint and of all notices may be made upon such associa-

                                             308

                tion by service upon any officer, or agent thereof,
                engaged in carrying on its business, or on any attorney
                authorized to appear in such proceeding for such assocai-
                tion, the officers and members thereof.

                Approved June 25, 1934

                                         309

                         XIII.A.2 Massachusetts Fishing Cooperative Laws

                                                                   CHAPTER 157

                                                       CO-OPERATIVE CORPORATIONS

                                                   CO-OPERATIVE BUSINESS CORPORATIONS-
                                     See.
                                      1.    Method of organization.
                                      2.    Distribution of earnings or profits; sinking fund; limitation upon
                                              shares held.

                                                  CO-OPERATIVE AGRICULTURAL, DAIRY OR
                                                           MERCANTILE ASSOCIATIONS

                                      3.    Organization;. name.
                                      3A.   Housing business; powers; name.
                                      3B.   Direct-charge cooperatives.
                                      4.    Capital stock; powers; by-laws; meetings.
                                      5. -  Investment of reserve fund.
                                      6.    Apportionment of earnings.
                                      7.    Acceptance of provisions relating to agricultural, dairy or merean-
                                              tile associations; approval.
                                      8.    Use of word co-operative in connection with other businesses; pen-
                                              alty.
                                      9.    Fee for filing articles, of organization.

                                            AGRICULTURAL AND OTHER CO-OPERATIVE                   CORPO-
                                                      RATIONS WITHOUT CAPITAL STOCK
                                     10.    Organization without capital stock; method of organization;
                                              rights and powers of members.
                                     11.    Powers.
                                     12.    First meeting; selection of directors.
                                     13.    Scope of by-laws; amendment or repeal of by-law.
                                     14.    Membership.
                                     15.    Amendment or alteration of agreement of association or articles of
                                              organization.
                                     16.    Marketing contracts between corporation and members.
                                     17i    Marketing contracts,,; provisions for liquidated damages; injunc-
                                              tion for breach.
                                     18.    Taxation; filing fees.

                            NOTE: This is an abridged version of Chapter 157. His-
                            torical footnotes and other notations that appear in the
                            published versions of the law have been eliminated for
                            reading clarity. Readers are urged to seek legal assis-
                            tance for clarification of the law if they desire to es-
                            tablish a fishinq cooperative under M.G.L., Chapter 157.

                                                                     310

                                      CO-OPERATWE BUSINESS CORPORATIONS

                           �        Method of organization
                                A corporation may be organized under chapters one hundred. and
                           fifty-five and one hundred and fifty-six, with shares having par value,
                           for the purpose of co-operation in carrying on any business and of
                           co-operative trade.

                           � 2.     Distribution of earnings or profits; sinking fund; limitation
                                       upon shares held
                                Such corporation shall distribute its earnings or profits am9ng
                           its workmen, purchasers and stockholders at such times and in such
                           manner as its by-laws prescribe, but at least once in every twelve
                           months. No distribution shall be made, unless at least ten per cent of
                           the net profits have been appropriated for a contingent or sinking
                           fund, until an amount has accumulated equal to thirty per cent of its
                           capital stock issued and outstanding. No person shall hold shares in
                           any such corporation to an amount exceeding one thousand dollars at
                           their par value, nor shall a stockholder be entitled to more than one
                           vote upon any subject.

                                      CO-OPERATIVE AGRICULTURAL, DAIRY OR
                                              MERCANTILE ASSOCIATIONS

                           � 3.. Organization; name
                               -Seven or more persons, residents of the commonwealth, may asso-
                           ciate themselves as a corporation, association, society, company or
                           exchange, to conduct within the commonwealth any agricultural,
                           dairy or'. mercantile business on the co-operative plan. The word
                           "co-operative" shall form a part of the name of the corporation, and,
                           for the purposes of this and sections three A to nine, inclusive, the
                           words "association", "company", "exchange", "society" and "union",
                           shall have the same signification and shall import a corporation. The
                           corporation shall be formed as provided in chapters one hundred and
                           f ifty-f ive and one hundred and f ifty-six, *with shares having par value,
                           and shall be subject to the provisions thereof so far as consistent with
                           said sections.

                                                              311

                                      � 3A.         Housing business; powers; naine
                                           Seven or more persons, residents of the commonwealth, may as-
                                      sociate themselves as a corporation, association, society or company
                                      to conduct within'the commonwealth a housing business on the co-op-
                                      crative plan, including the buying, selling, leasing, construction or re-
                                      habilitation of dwellings, together with appurtenant facilities, for the
                                      members of such co-operative corporation. Such facilities appurte-
                                      nant to the provision of dwellings shall include use of land and build-
                                      ings for business, commercial, cultural or recreational purposes relat-
                                      ed to such dwellings. The words "co-operative" and "housing" shall
                                      form a part of the name of the corporation, and, for the purposes of
                                      this and sections four to nine, inclusive, the words "association",
                                      49                  ' 61
                                       company", "society" and "union"., shall have the same signification
                                      and shall import a corporation. The corporation shall be formed as
                                      provided -in chapters one hundred and fifty-five and one hundred and
                                      fifty-six, with shares                                 -and -shall b-e--s--u'-b--je-c-t-'-t-o-t-li-e---
                                      provisions thereof so far as consistent with said sections.

                                 7 'A                             c_oo_p_e___ra't'i_v_e_s
                                        Seven. or more persons, residents of the commonwealth, may associate themselves
                                      as a corporation, association, society or company engaging In cooper        *ative purchasing
                                      of goods for the personal use and consumption of the stockholders thereof, members
                                      of their families and their guests. A corporation organized under this section shall,
                                      in pricing its goods, make no provision for earnings, the accumulation of capital,
                                      or operating costs, and shall provide for Its operating costs by levying upon its
                                      shareholders a direct-cbarge therefor, on a pro rata basis. The words "direct charge"
                                      and the word i'cooperative" shall form a part of the name of the corporation, and
                                      for the purposes of this section and SectIODS four to nine, inclusive, the words "asso-
                                      ciation", "company", "society" and "union" shall hive the. same signification and
                                      shall Import a corporation. The corporation shall be formed as provided In chapter
                                      one hundred and fifty-six B, with shares having par value, and shall be subject to
                                      the provisions thereof so far as consistent with said sections.

                                        4. Capital stock; powers; by aws; mee ings
                                        The capital stock of a co-operative corporation formed under section three, three
                                      A or three R shall not be less than one hundred dollars nor more than five million
                                      dollars. No stockholder shall own shares of a greater par value than one tenth
                                      of the total par value of the capital stock issued and outstanding, nor shall any
                                      member be entitled to More than one vote on any subject arising in the manage-
                                      ment of the corporation.
                                        In addition to the powers granted by section thirteen of chapter one hundred and
                                      fifty-six, any corporation organized under section three, three A or three             B may
                                      provide  in Its by-laws for the election of directors and other officials by           unit or
                                      district or by mail ballot; for a method of membership representation by                annual
                                      election of delegates to represent proportionately the members of such units or dis-
                                      tricts in the membership meeting of the corporation, and shall hear reports            of and
                                      instruct the delegates on the policy and business of the corporation. The agree-
                                      ment of   association or the articles of organization shall be altered or amended,
                                      and the. by-laws shall be altered, amended or repealed, It the delegate type of
                                      membership meeting Is adopted by any such corporation, only after notice of the
                                      proposed action Is given In the call for the annual meetings of the units or dis-
                                      tricts at which the delegates are to be elected to the membership meeting of the
                                      corporation,, or In the call for the annual election of such delegates If the vote Is to
                                      be taken by mail ballot, and only upon vote of two thirds of the delegates eligible
                                      to vote at such membership meeting. Special meetings of the units or districts
                                      may be demanded by written petition of at least one tenth of the membership of
                                      any such unit or district for the purpose of instructing its delegate or delegates on
                                      questions concerning the operation and business of the corporation, in which case It
                                      shall be the duty of the clerk or recretary of the corporation to call such unit or

                                                                                   312

                             district meeting or meetings to take place within thirty days after such demand.
                             The minutes of such unit or district meeting shall be forwarded by the clerk or
                             secretary of such meetIng.to the clerk or secretary of the corporation find be kept
                             at the principal place of business In the commonwealth.

                             S   5.    Investment of reserve fund
                                  At any regular meeting, or at any duly called special meeting, at
                             @vhich a majority of its stockholders are present, a corporation
                             formed under section three may authorize the investment of its re-
                             serve fund or any part thereof, first, in the building where it is doing
                             business, or, second, in a first mortgage of real estate owned and oc-
                             Cupied as a dwelling by any of its stockholders.

                             � 6.      Apportionment of earnings
                                  The directors of every corporation formed under section three or
                             under �ection three A shall apportion its earnings in the following
                             manner:
                                  L They shall set aside annually not less than ten per cent of its
                             net rrofits for a reserve fund until there is accumulated in said re-
                             serve fund an aniount not less than thirty per cent of its paid-up capi-
                             tal stock.
                                  2. They shall declare and pay dividends on the paid-up capital
                             stock not exceeding seven per cent per armum.
                                  3. From the balance of its annual net earnings the directors
                             may appropriate a sum not exceeding five.per cent thereof to be used
                             in teaching co-operation.

                                    4. The directors shall distribute the remainder of such earnings
                              or any part thereof by a uniform dividend upon the amount of pur-
                              chases or rents or sales of shareholders, through the corporation, and,
                              if the directors so vote, upon the amount of wages earned and paid to
                              employees, except that in the case of a purchaser not a shareholder,
                              who desires to become such, a dividend of one half the uniform divi-
                              dend may be declared upon such non-sharehol der's purchases, or
                              rents or sales and credited to him on account of the purchase of stock
                              for vvhich he may subscribe. In productive corporations, including
                              creameries, canneries, storages, factories and the like dividends shall
                              be calculated on @aw materials delivered to the corporation instead of
                              on goods purchased. If the corporation be both a purchasing and a
                              selling, or a productive concern, the dividends may be on both raw
                              material and on goods purchased. The profits or not earnings of
                              such corporation shall be distributed to those entitled thereto at such
                              times as the by-laws prescribe, but at least once in,, every twelve
                              months.

                                                                     313

                                    7. Acceptance of provisions relating to agricultural, dairy or mercan-
                                           tile associations; approval
                                    Any co-operative association now organized by law in the commonwealth for any
                                   of the purposes mentioned In section three, and qualified so to do, may by a ma-
                                   Jority vote of the stockholders at a meeting called therefor vote to accept sections
                                   three to seven, Inclusive, and shall thereupon present to the state secretary a cer-
                                   tificate, signed and sworn to by Its clerk or secretary, setting forth a copy of said
                                   vote, the date when passed, and such further evidence as the secretary may re-
                                   quire of Its legal existence and of its Intention to accept said sections. The secretary
                                   shall examine the certificate and evidence of organization, and, if It appears that
                                   the law has been complied with, shall so certify, and shall approve the certificate
                                   by his endorsement thereon, and thereupon such corporation shall have the powers
                                   and privileges and be subject to the duties and liabilities of corporations formed
                                   under section three. Upon the payment of ten dollars, said certificate shall be filed
                                   In the office of the state secretary.

                                      8. . Use of word CO-Operative in connection with other businesses;
                                                penalty
                                        Any person, partnership, association or corporation, domestic or
                                   foreign, except co-operative banks and corporations organized under
                                   .section ten, transacting business for profit in the commonwealth un-
                                   der any name or title containing the word "co-operative", unless the
                                   net earnings thereof are*distributed in a manner permitted for a CO-
                                   operative corporation by this chapter, shall forfeit to the common-
                                   wealth not More than ten dollars for every day or part thereof during
                                   which such name or title is so used. Such forfeiture may be re-
                                   covered by an information brought in the supreme judicial or superi-
                                   or court by the attorney general, at the relation of the state secre-
                                   tary. Upon such information, the Court may issue a temporary or
                                   permanent injUnction'restraining such person, partnership, associa-
                                   tion or corporation from doing business in the commonwealth, or
                                   from so using such name or title, and may make such other orders
                                   and decrees as justice and equity may require.

                                              Fee for filing articles of organization
                                        The fee for filing the articles of organization required by section
                                   three or section three A, including the issuing by the state secretary
                                   of the certificate of incorporation, shall be one twentieth of one per
                                   cent of the total amount of the authorized capital. stock as fixed by
                                   the articles of organization, but in no case less than fifty dollars.
                                   Amended by St.1949, c. 378, � 6; St-1957, c. 699, � 6.

                                                                             .314

                            AGRICULTURAL AND OTHER CO-OPERATrVE CORPORATIONS
                                                WITHOUT CAPITAL STOCK

                            � 10.     Organization without capital stock; method.of organiza-
                                        tion; rights and powers of members
                                Agricultural and horticultural associations engaged in any
                            branch of agriculture, horticulture, viticulture, forestry, dairying, the
                            raising of livestock or poultry and any other farming activity or busi-
                            ness, if instituted for the mutual benefit of their members and formed
                            for the purpose of doing business without profit to the association it-
                            self may be incorporated without capital stock. Such corporations
                            shall be formed in the manner provided by chapters one hundred and
                            fifty-five and one hundred and fifty-six and shall be subject to the
                            provisions of said chapters, so far.as applicable. Members of corpo
                            rations so,organized shall have the rights and powers and be subject
                            to the duties' and liabilities of stockholders of corporations having
                            capital stock, under the provisions of said chapters, so far as is con-
                            sistent with this and the eight following sections.

                            �         Powers
                               Any corporation organized under the preceding section shall
                            have power to mortgage or pledge its real or personal property and to
                            issue promissory notes or other evidences of indebtedness. Such cor-
                            poration shall also have power to establish reserves and invest the
                            funds thereof in such manner as it may deem advisable or as may be
                            provided in its by-laws; and to exercise all other powers, rights and
                            privileges necessar, or incidental to the purposes for which said cor-
                            poration'was organized or to the acti-,lities in which it is engaged;
                            provided, however, that no such corporation shallbandle the i)roducts
                            of any non-member, except for storage.

                            � 12.    First meeting;  selection of directors
                               The first meeting of the corporation shall be held within six
                            months after the execution of the agreement of association. If the
                            directors of the corporation have been previously chosen in anticipa-
                            tion of its organization, or in connection with a plan for preliminary
                            organizationj or in accordance with contracts made in anticipation of
                            such organization, such choice of directors shall be ratified at said

                                                              315

                             � 13.     scope of by-laws; amendinent or repeal of by-law
                                 In addition to the powers granted by section thirteen of chapter
                             olic hundred and fifty-six, any corporation organized under section
                             ten niay provide in its by-laws for the election of directors by dis-
                             Iricts; for the election of advisory directors who are not members.
                             Ilie number of whom shall not be greater than one fifth the totil
                             iiiiiiiber of directors; for voting of members by proxy, and the mocle
                             thereof, within such limitations and restrictions as may be specified
                             Itivroin; for voting of members by mail in elections and on questions
                             C
                             oricerning the operation and business of the corporation; for the ad-
                             iiiission, withdrawal, suspension or expulsion of members; for dues
                             ,iiid assessments to be paid by members and the conditions under
                             which such dues and assessments shall be imposed and collected; for
                             (letermining the rights and interests of members in the property, of
                             the corporation, whether equal or unequal; for establishing the basis
                             or voting by the members, especially whether the votes of all mem-
                             hurs shall be equal, or in proportion to the land area leased or used
                             by each member for production of the products handled by the corpo-
                             intion, or in proportion to the quantity of such products delivered by
                             mch member to the corporation during the preceding year; for an
                             ,ril)[)roved or established form of marketing contract; and for fines or
                             other penalties for violation of its by-laws or marketing contract. No
                             hy-law shall be arilended or repealed nor any new by-law adopted, un-
                             less notice of the proposed action is given in the call for the meeting
                             at which the prop sal is to be considered, or in the call for the vote if
                                               0
                             tile vote is to be taken by mail.

                             � 14.      Membership
                                  Membership in such corporations shall be limited to persons en-
                             gaged in the production of products which are handled or to be han-
                             dled by the corporation, as specified in its articles of organization, in-
                             eluding the lessees or tenants of'land used for the production of such
                             products and lessors or landlords to whom are due all or any part of
                             such products produced on leased or rented premises in payment for
                             the use of such premises. If a member is a corporation, it may be
                             represented by any officer thereof, duly authorized in writing.

                                                                   316

                             � 15.     Amendment or alteration of agreement of association or
                                         articles of organization
                                 Any such corporation may amend or alter its agreement of asso-
                             cia(ion or articles of organization in the manner provided by sections
                             forty-one to forty-three, inclusive, of chapter one hundred and fifty-
                             s ix,so far as ap licable; provided, that such amendment or alteration
                                             p
                             shall require a vote of three fourths of the members present and vot-
                             irig at a meeting of the corporation called to consider such amend-
                             III(Int or alteration, or if the vote upon such amendment or alteration
                             j.,@ taken by mail, by vote of three fourths of the members who return
                             votes. A vote by mail upon such'amendment or alteration shall not
                             he valid unless votes are returned by at least three fifths of the mem-
                             bers of the corporation.

                                      ..... .....
                             � 16.     Marketing contracts between corporation and members
                                 Any such corporation may enter into marketing contracts with
                             its members by which the members shall agree to sell, for any period
                             of time not exceeding ten years, all or any specified part 'of their
                             products or of certain specified products exclusively to or through the
                             corporation or any agency designated by it. If such contract pro-
                             vides for a sale to the' corporation, title to the products covered there-
                             by shall pass to the corporation absolutely, except for recorded liens,
                             upon delivery or at any other time specified in said contract, if ex-
                             pl-essly so agreed therein. Any such contract may, however, provide
                             for sale by the corporation of the products of its members with or
                             without acquisition of title to such products by the corporation and
                             may further provide that the corporation shall pay over to the mem-
                             I)ers the'resale price after deducting all necessary expenses including
                             any allowances, contributions or deductions authorized by it   s by-laws
                             oi, by the contract itself. Such contract shall not be construed as a
                             violation of any provision of sections one to seven,. inclusive, of chap-
                             ter ninety-three, unless it results in an undue enhancement of the
                             pi-ice of the product to which the contract applies, nor shall any cor-
                              tution                             e
                          ... @@@@rganized under section t n be liable to prosecution for any
                             action reasonable and proper in the exercise of the rights and powers.
                             conferred by sections ten to eighteen, inclusive.

                                                                317

                              � 17.     Marketing contracts; provisions for liquidated damages;
                                          injunction for breach
                                  The marketing, contract may fix as liquidated damages specific
                              sums to be paid by a member upon breach of the provisions of said
                              contract requiring sale or delivery of products by the member exclu-
                              sively to or through the corporation or any agency designated by it,
                              and such provision shall be valid and enforceable in the courts of the
                              commonwealth. Any such corporation may be granted a temporary
                              or permanent injunction against a member for breach or threatened
                              breach of such contract with reference to the said provisions for sale
                              or delivery of, products.

                              � 18.     Taxation; filing fees
                                  A corporation organized under the provisions of section ten, and
                              any corporation, association or organization now or hereafter estab-
                              lished, organized or chartered without capital stock for a similar pur-
                              pose under laws other than those of this commonwealth, shall not be
                              liable to taxation under the provisions of chapter sixty-three, but shall
                              be taxable under the provisions of chapter fifty-nine, in the same
                              manner and to the same extent as an individual or partnership. The
                              fee for filing the articles of organization required by section ten, in-
                              cluding the issuing by the state secretary of thetertificate 'of incor-
                              poration, shall be fifty dollars.

                                                                  318

                Attachment, B: Funding and Other Resources

                     There are a number of Federal, State, and
                Regional sourc 'es of funds and other resources that
                can be of benefit to,a fishing cooperative in its
                formative stages,or in its operations. Not all of
                there programs are directly beneficial to coopera-
                tives themselves but may instead benefit the coop-
                erativeb, indirectly either through assistance to members
                or through grants to public agencies in the community
                where the cooperative operates. Both types*of indirect
                benefits can have substantial impact on the success
                of a cooperative. It is also true that several of the
                funding programs at the Federal level are currently
                inactive or unfunded, but they are included nonetheless
                in.ca.se of future reactivation  under.the impetus of the
                200-mile limit.

                XIII.B.1 Federal Programs     National Marine Fisheries Service
                          (NMFS)

                Capital Construction Fund

                Pursuant to the.Merchant  Marine Act (46 USC   Sec. 1177)
                any US citizen  who owns  or leases a,vessel of five tons
                or greater and  earns a significant income from fishing
                may defer  a portion of his/her  taxable income and deposit
                the funds  in,a.Capital Construction Fund.    The Fund, as
                approved by the National Marine Fisheries    (NMFS), may be
                used for capital investment in the equipment necessary to
                fish  (e.g., the b.oat). This deferral may  run for a period

                                           319

                   of seven to ten years.

                              An applicant may deposit: 1) 100% of taxable
                              earned income from the vessel's operation;
                              2) any capital gains; 3) 100.% of the vessel's
                              depreciation; 4) 100% of the earnings from
                              investment or reinvestment of amounts deposited.

                   Generally, a minimum deposit of 2% of the equipment cost
                   and no reconstruction of less than $100,000, or 20% of
                   the vessel's acquisition cost, can qualify for fund money.
                   The fund money is exempt from federal income tax and
                   although not formally exempt from state.taxes, it has not
                   yet been subjected to state assessment. A reconstruction
                   project, by definition, must substantially prolong the
                   life of the vessel.

                   Fishing Vessel Obligation Program

                   FVOP was enacted pursuant to the Merchant   Marine Act,
                   (46 USC secs. 1271-1279), and  guarantees up to 75% of
                   the cost of Constructing, reconstructing,   or recondi-
                   tioning a US commerical fishing vessel of   at least
                   five tons. Under   limited conditions, the  guarantee
                   extends to the purchase of  a ship's equipment  and
                   on-shore support  facilities, However, the borrower
                   must own,a  vessel which can  serve as appropriate col-
                   .lateral for the loans.

                   The applicant must provide at least 25% of the required
                   capital himself. If that amount is borrowed as well,

                                              320

                 the second "lender" must     agree to recognize the priority
                 position of the National     Marine Fisheries Service in the
                 event of default.

                 The loan guarantee can run for the "useful life" of the,
                 vessel. This is     commonly hel-d,to be 15 years,for a new
                 vessel,  or 7 years-for a reconstructed one, but in.no
                 event longer than 25 years. Interest rates are at 9% 'Per
                 annum, as set b the Secretary of Commerce, and the NMFS
                                 y
                 may.takea    security interest to protect its risk, in-
                 cluding  interest-in the boat.

                 The  applicant must   demonstrate:    that  the vessel  is
                 seaworthy; that,he/s'he,has the necessary      integrity,
                 experience,   financial resources,    and ability to op-
                 erate it; that   the proposal is economically sound;
                 and,- that  the project i's consistent   with the intent@
                 of,the program.. Economic sufficiency is assumed when
                 the applicant   can provide   sufficient capital.to     support
                 operation and   Pormal contingencies    (at least 8%   of the.
                 total capitalized cost.of the vessel). The         applicant
                 must have financial resources equal      to  the difference
                 between the ac,tual.cost of const    Iructionj reconstruction,
                 or recond.itioning:and the amount of     the  obligation pro-
                 posed for guarantee. In addition, the applicant must
                 have madeadequate     provision for payment for the first
                 year's premium for    vessel insurance (including hull and
                 manchinery, 'breach   of warranty,-protection and indemnity,
                 if applicable, and    other insurance that may be required
                 by National Marine    Fisheries).

                                              321

                  program of direct loans for the financing and refinan-
                  cing, for purchasing, construction, equipping, maintain-
                  ing, repairing, or operating new or used commercial
                  fishing vessels or gear. Loans were available to any
                  US citizen who owned, operated, or was about to own
                  a commercial fishing vessel or gear to-be used directly
                  in commercial fishing operations. Fishing cooperatives
                  were eligible to receive loans under this program.

                  The applicant was required to present evidence that
                  he/she could not secure financial assistance on reason-
                  able terms from-'other sources. The ceilingon this
                  program was low, $40,000 with a fixed interest rate of
                  8% over a period of ten years. If used to construct a
                  new vessel the repayment period was extended to 14 years.
                  Finally, loan insurance and security were at the'discre-
                  tion of the NMFS.

                  Import Duties Fund

                  Presently, under the authority of 15 USC Sec. 713c, 30%
                  of the gross receipts collected by U.S. Customs on fish-
                  eries products are paid over to a fund managed by the
                  Secretary of the Interior. This fund is to be used by
                  the Secretary to "promote the free flow of domestically
                  produced fisheries products" by conducting a,fishery
                  educational service, and fishery technological, biolog-
                  ical, and related research programs. This $10 million
                  fund is traditionally used to cover the expenses of.N_MFS
                  and is presently unavailable for other purposes.

                                             322

                XIII.B.2 Economic Development Administration   IEDA)

                Business Development Loan Program

                Loans are available from the EDA for up to 65% of the
                project cost, but are available only when the applicant
                can provide 15% of the total cost and then secure the.
                remaining,20% from non-federal s.ources. The loans are
                to be used to acquire fixed assets and are nost aDDro-
                priately applied to the'financing of  on-shore facilities
                such as processing plants and freezers. Normally, loans
                are made to private businesses.

                Title IX

                This is a grant program administered by EDA under the
                Public Works and Economic Development Act, USC Sec 3121
                et seq. The grants may be distributed to either a re-
                development area.or an economic development district (as
                defined under the Act), an Indian tribe, the Governor
                of a stat e or his/her designated agency, or a consortium
                of political subdivisions under Titles I and II of the
                Act; however, these recipients may redistribute the fund-
                ing to public and private (not-for-profit) entities in
                the form of grant loans, loan guarantees, etc. The grants
                may be used for the acquisition or development of land
                and improvements to public works facilities. Eligible
                facilities may be constructed, rehabilitated,-altered,
                expanded, or improved with these funds.

                A 25% matching share, cash or in-kind, is required and an
                eligible recipient must have a plan of planning application

                                          323

                   approved by EDA., Such plans must be comprehensive,
                   include an environmental impact assessment, and be
                   submitted for the Federal-State coordinating review
                   process under OMB Circular A-95.

                   The program is funded for FY 1977 at $45 million and,
                   there is@currently one project of $3 million pending
                   for Massachusetts. The Cape Ann Fisherman's Fund
                   Project as well as other projects conducted by the
                   Overall Economic Development Connittee of Cape Ann
                   are awaiting EDA funding. A portion of this would be
                   used to rehabilitate support,facilities surrounding
                   the Gloucester State Fish Pier and some of the funding
                   is targeted specifically, to the issue of marketing
                   underutilized species found on the Georges Bank.

                   Another example of the program's versatility can be
                   .seen in Gloucester, which recently received a Title IX
                   grant. The Gloucester project will not only provide
                   needed pier renovations and improvements, but also con-
                   struction of a freezer/cold storage, fish processing
                   stalls, a fish conveying system, gear storage facility,
                   and ancillary and supportive building s, along with a
                   sewage pretreatment plant. In addition to these on-
                   shore facilities, part of the EDA money will be used
                   to fund a revolving loan program to provide capital
                   for purchase of vessels,. gear, and related equipment.

                   The Economic Development Administration,Office serving
                   the New England States is in Philadelphia, The address  is:

                                     Suite 10424 Building 600
                                     Arch Street
                                     Philadelphia, Pennsylvania 19106

                                            324

                XIII.3.3 Small Business Administration (SBA)

                     Three typ,es of financial aid are available to the
                Mas,sachusetts fishing industry through the-SBA under
                .three different programs: 1) direct loansand up to
                9,0%,guaranteed loans through the "-Section 1 (a)" program,
                @(15 U-SC S. 636 (a) ); 2) "Section 5,02"' on Local Com-
                mun@ity Development Loans and guarantees (15 uscs. 696);
                and, 3) Disaster.and Economic Injury Loans and guaran-
                te,es (15 US.C S. 636 (b)

                "Section 7 @(a) Loan's

                The "7(a)  program provides -for direct loans of up to
                2/3 of the venture cost with 1/3 equity required of the
                applicant.  Although SBA, by agreement,  will not accept
                applicants that are otherwise@eligible   for NMFS*funding,
                they will pick up vessel funding for ships under 5 tons,
                small ( under..250 employees, less than  $@.5 million an-
                nual sale, and not dominant in market)   on-shore facilities,
                and funding of front end or working capital..

                Local Development  Companies of "Section 502" Loans (LDC)

                "Section 502s" Local Connunity Development programs (LDC)
                are corporations organized for the purpose of promoting
                economic.development through projects which are initiated
                and then controlled at the'local level. Gloucester, New
                Bedford, Fairhaven,  Hingham, and.Ipswich presently have
                LDC's operating successfully in  their areas. Under the

                                           325

                  direct loan program, 30% of the funding must come from
                  local institutions, 60% form SBA and the remaining 10%
                  from the LDC., The LDC program also provides for 90% of
                  a loan incurred by eligible small business. 'Eligibility
                  is established under SBA guidelines.

                  Disaster and Emergency Loan Program

                  The SBA administers a program of Disaster and Economic
                  Injury Loans by providing direct loans of up to $500,000
                  at 6-5/8% for economic injury or 3-5% for disaster, with
                  a three-year payment deferral period. The program is
                  available for continuation or re-establishment of a
                  business which has suffered substantialeconomic injury.

                  Enquiries may be made to:

                                 Small Business Administration
                                 150 Causeway Street
                                 Boston, Massachusetts 02114

                                          326

                 XIII.B.4 Farmers Home Administration (FMHA)

                 FMHA Guaranteed Business and Industrial Loans (7 USC S. 1989)

                 Providing guarantees of loans (up to 90% of principal and
                 interest) to all types of business and industries in rural
                 areas, and direct loans.to public.bodies, the FmHA could
                 provide substantial aid  to the-fishing industry.

                 The FmHA will guarantee  loans by private lenders  to
                 qualifying applicants (7 CFR S. 1980-E) and will   indemnify
                 UP to 90% of the lendor's loss. FmHA advises potential
                 borrowers who want loans of $350,000 or less to apply to
                 the SBA.

                 Maximum maturities for business and industrial loans may
                 be up to 30 years on land, building.and permanent fixtures;
                 up to 15 years on  ma chinery and equipment and up to 7
                 years on working capital. The   interest ratesare    deter-
                 mined by the market rate except in  instances where  public
                 entities borrow for the purpose  of providing community
                 facilities, in which case the interest rate is set   at 5%.
                 'Normally, FmHA requires at least 10% equity, but this
                 is somewhat dependent on t.he circumstances of the loan.

                 Initial enquiries should be made to:

                              Farmers Home Administration
                              U.S. Department of Agriculture
                              Washington, D.C. 202.59

                                          327

                   XIII.B.5 Farm Credit System

                   Production Credit Association Loans
                   (Farm Credit Act of 1971, LP 92-81)

                   The farm Credit System is a federally chartered coopera-
                   tive banking system owned and controlled by its borrowers.
                   The Farm Credit Administration, an independent federal
                  ,agency, supervises the system., Fishermen who borrow are
                   required to purchase some stock in the system to assist in
                   capitalization. In order to obtain funds for loans, the
                   system sells notes, bonds, debentures on money markets,
                   lends money from its own stock, and borrows funds for
                   re-lending. Short.term'and intermediate loans are made
                   regionally through local production credit associations
                   (PCA).

                   Maximum loan coverage of up to 75% of value is allowed
                   over a maximum period of 7 years with interest rates
                   commensurate with the cost of the underlying bond issue.

                   The Southeastern New England Production Credit Associa-
                   tion.has been a major lender to fishermen in Massachusetts,
                   and in the past few years 300-400 loans have been made
                   primarily for purchasing, refinancing, and outfitting
                   vessels.

                   This program is most appropriate for smaller loans as
                   the repayment terms are extremely short (7 years);
                   however, it does appear that these loans have been used
                   many times by fishermen for such activities. The pro-
                   gram can also be utilized to obtain short-term working

                                            328

                capital (again repayment of 7 years). This is par-
                ticularly helpful to fishermen, as many of the other
                prog rams already identified did not allow for the
                financin g of working capital.

                Banks for-Cooperatives (Farmer Credit Act PL 92-81)

                The.banks for cooperatives will make loans to meet any
                credit need which will enable an eligible cooperative
                to perform-its marketing, supply, or business service
                functions. Such activities may include construction,
                remodeling, or expansion of facilities; and the purchase
                of land, buildings, equipment, vessels, or ship supplies.
                The program can also be used to secure working capital.

                tfie terms of the.loans are flexible and tailored to
                the specific needs of the borrowers. *Repayment schedules
                range from 15 years,at 7k - 8k% to 18 months, at 6-11,; -71M
                There is'considerable'disagreement among those who are
                familiar with.this program as to whether vessel finan-
                cing is included within its scope.  According to'the
                program's description, it could be, but--in practice
                it is not.

                The location of the bank serving the New England States
                is:

                           Springfield Bank  for Cooperatives
                           P.O. Box 141
                           Springfield, Massachusetts 0110-1

                                          329.

                  XIII.B.6 Department of Housing and Urban Development (HUD)

                  Community Development Block Grants (CDBG) (4 USC 3535 (D)

                  The objective of this program is to support activities
                  that expand opportunities for low and moderate income
                  people by improving the community's public service
                  facilities. Of particular concern are employment op-
                  portunities for persons residing within the recipient
                  community.

                  Although this program is now funded and operating, its
                  utility for the. fishing industry would appear to be
                  limited to the financing of on-shore facilities.

                                            330

                 XIII. B. 7Regional Prof;ra-ms

                 New England Regional Commission (NERCOM)

                 NERCOM has recently participated in a highly successful
                 revolving loan program administered under the aegis of
                 the Cape Ann Commerical Fishermans Fund. After only a
                 short period of operation, the Fund successfully arranged
                 two good sized loans and had numerous other applications
                 awaiting determination.

                 Recommendation

                 NERCOM might well be  able to expand this promising
                 opportunity to other  areas of concern and perhaps
                 could pay an instrumental role in promoting a demonstra-
                 tion project relating specifically to the formation of
                 fishing cooperatives., One possible source of funding
                 for such a venture  may be the "National Sea Grant Pro-
                 gram" '33 USC Sec. 11.21 et seq. under the "Sea Grant
                 Improvement Act of  1976"  P.Ll@ 94-461, Oct 8, 1976,
                 which provides:.

                            "The objective of  this title is to increase
                            the understanding,  assessment, development,
                            utilization and conservation of the nations'
                            ocean,and coastal resources by providing
                            assistance to promote a.strong educational
                            base, responsive research and training ac-
                            tivities, and broad and prompt dissemination
                            of knowledge and techniques".
                                   P.L.. 94-461 Sec. 202 (b)
                            The New England  Regional Commission   Office
                            55. Court Street
                            Boston, Massachusetts 02108

                                            331

                    XIII'.B.8 State Programs.

                    Massachusetts Industrial Mortgage Insurance Agency (MIMIA)

                    Under the authority granted in MGL Ch. 23A, Secs. 29-35
                    the MIMIA may insure loans for the acquisition, con-
                    struction, or  alteration of industrial development
                    facilities (not including vessels).

                    The MIMIA is the only state loan guarantee program pre-
                    sently available. It is not limited to assisting the
                    fishing industry, but it could be heavily used by this.
                    industry. Funding is limited and in great demand for
                    a variety of  industrial needs. For this reason, only
                    aggressive action on the part of the fishing industry
                    will ensure that a substantial portion of the avail-
                    able funding.is. directed to its,concern.,

                    Massachusetts  Business  Development   Corporation   (MBDC)

                    Established by a special act of the 1953 Massachusetts
                    Legislature (ph. 673), the MBDC is.a private corporation
                    under special charter by the Massachusetts banking
                    community. 14BDC makes loans to any private, profit making
                    firm which is Massachusetts based and contributing to
                    expansion of employment to firms which have first been
                    refused.by conven  tional lenders.

                                                .332

               Attachment C: Fishing Cooperatives Bibliography

               Bailey, John M. Fishery Cooperative Operations. (FCS
                 Research Report 30).  Washington D.C.: United States
                 Department of Agriculture.  Farmer Cooperative Service, 1975.

               Hill, A.V. Tides of Change: A Story of Fishermen's
                 Cooperatives in British Columbia. Vancouver,B.C.: Prince
                 Rupert Fishermen's Co-operative Association, 1967.

               McMullin,Leslie  D. Organizing and Operating Fishery
                 Cooperatives in the United States. (Circular 155)
                 Washington D.C.: United States Department of the
                 Interior. Fish and Wildlife Service, Bureau of
                 Commercial Fisheries, 1963.

               Marcus,Henry S.; Townley, James R.; Brown, Alan J; and,
                 Eddie, Lee. Using Co-operatives to Aid the New England
                 Fishing Industry. (Report No. MIT SG 75-7).  Cambridge,
                 Massachusetts: Massachusetts Institute of Technology
                 Sea Grant Program, 1974.

               Napoli, James J: Fisheries Cooperatives: Their Formation
                 and Operation - (Marine  Memorandum 30) Narrangansett, R.I.:
                 University of Rhode Island, Marine Advisory Service, 1972.

               Oregon State University Extension Service. Sea Grant Marine
                 Advisory Program. Proceedings, Fisheries Cooperative
                 Symposium at University of Washington, Seattle.
                 February 6-7, 1975. Corvallis, Oregon: August 1976

               Prochaska, Fred J. The Fisherman and the Farm Credit System.
                 (Florida Sea Grant Publication SUSF-SG-73-004).  University
                 of Florida Cooperative Extension Service, Marine Advisory
                 Program, 1972.

               Sea Source:  A Catalog of Publications from Sea Grant
                 Institutions, 1976. Compiled by the Washington Sea Grant
                 Communications Program at the University of Washington in
                 association with Sea Grant Colleges and Universities
                 throughout the country. (National Oceanic and Atmospheric
                 Administration Grant No. 04-5-158-15).

               Smith, Frederick J. Organizing and Operating a Fishery
                 Cooperative, Part 1. Corvallis, Oregon: Oregon State
                 University Marine Advisory Program, 1972.

                                            333

                CHAPTER XIV: ZONING FOR A HARBOR AREA

                XIV. 1 Introduction

                     Zoning is the principal tool communities have for
                implementing planning and land use policies. Many new
                zoning techniques have been devised to deal with land use
                problems of special areas such as central business dis-
                tricts, historic areas, harbor areas, etc.

                     Present day harbor areas suffer from decades of
                neglect and loss of vitality. Many of the original functions
                such as water-borne transport of raw materials and finished
                goods, construction and repair of ships, commercial fishing,
                etc., have either completely disappeared or have declined
                in volume and scope. With the disappearance or reduction
                of these basic functions of harbors, other industries and
                businesses that depended on them no longer have any reason
                for existence. These include storage areas and warehouses,
                ship chandlers, export-import businesses, sailors' houses
                and lodging houses, and a host of other industries and
                activities that catered to a vitally functioning harbor.
                Many of the structures in which these activities were
                carried out have been either completely abandoned or at
                best underutilized,for years and show the results of
                decay and disrepair. Some of the warehouses and other such
                structures have been converted to other uses -- mostly
                industrial uses. Some businesses have continued to function
                to the present day although they no longer have any compelling
                reason to be located in the harbor area. Such activities
                include businesses dealing in wholesale lumber, coal,
                oil, machine.oil and bodyshops, etc.

                     The problem of revitalizing harbor areas is therefore
                manyfold. Abandoned buildings and structures must be either

                                           335

                  repaired and rehabilitated or demolished. Other land uses
                  not dependent on harbor area location but occupying
                  valuable harbor frontage must be relocated; businesses and
                  activities that benefit from or are completely dependent
                  on harbor-front location must be brought into the area, and
                  supportive businesses and functions such as hotels, motels,
                  lodging houses, restaurants, marinas, marine supplies,
                  banking and insurance, etc., must be encouraged. In
                  .addition, it is a most valuable natural resource and an
                  environmentally critical area which must be preserved and
                  protected and utilized for public benefit. As tourism forms
                  an increasingly important element in harbor area and downtown
                  revitalization, facilities and amenities such as adequate
                  and conveniently-located parking, pedestrian paths and
                  plazas, sea-front accesses, sitting and viewing areas,
                  miniparks and roadside planting, etc., have to be provided.

                       Control and development of harbor areas may be accomp-
                  lished in a variety of ways. Some of these include redevelop-
                  ment programs (urban renewal), public easement purchase,
                  property tax concessions, outright acquisition and zoning.

                       With the passage-of Chapter 808 of the Acts of 1975
                  which amended M.G.L., Chapter 40A, The Zoning Act, communities
                  have been given a wide latitude within which to adopt
                  innovative zoning techniques. This chapter deals with
                  zoning as a land use management technique for harbor areas.

                                              33,6

                XIV.  2     Establishing a Harbor Zoning District

                      2.1   Zonin& Map - Chapter 808

                        The new zoning act mandates that all districts
                into which a city or town is divided must be shown on a
                zoning map. Each district would allow or prohibit specific-
                uses and would have uniform regulations within the district.
                One of the best ways to control land use in a small harbor
                area is to create a special harbor district.

                      2.2   Zoning District Boundaries

                        The easiest and most practical method of estab-
                lishing zoning district boundaries is to follow existing
                survey lines. These survey lines usually establish street
                and alley center lines, property lines, railroad and utility
                lines and right-of-way lines. In addition natural features
                such as streams and ridges may be appropriate in establishing
                district boundaries. (Figure XIV. 2.1)

                     An,6xisting land use plan may be adequate for roughing
                out zoning district boundaries, but is usually too generalized
                fordirect transfer. A final boundary line check should
                be made in the field.

                      2.3   Uses Within Harbor Zoning-Districts

                        Within the harbor district the most desirable uses
                would bethose that relate to and are dependent upon the
                waterfront. These uses include a major transportation artery
                that services the harbor area, marine construction, repair
                and supply establishments, water-oriented recreational
                facilities, commercial fishery uses, etc-.. Open space and
                vacant land for future expansion should also be considered
                for inclusion within the proposed harbor district.

                                           337

                 FIGURE XIV.2.1. HOW TO ESTABLISH THE HARBOR ZONING DISTRICT

                 %9 .........

                                                             . . . . . .      . . . . . .
               %0                                                       a 0
                                                       0 0                0  0 00 4
                                                      0 a 0                    0  0000@00
                XX                                        0        0 0 00 0 0 a 0 0
                                                      0 0 00
                                                       '9 000
                                        0 9

              EXISTING LAND USE PLAN (1978)     PROPOSED LAND USE PLAN  (2000)

                                            LEGEND
              C3 Recreation/Commercial                MPublic
              I= Commercial                           EnFishing
              66"1 Recreation/Open Space              ;nResidential

                   ZONING BOUNDARY IS  ESTABLISHED OVER PROPOSED LAND USE PLAN
                      Harbor District'
                                          RResidential C@,Commercial District
                                            District

                00000 0                    ... ...     0 0 0
                  0 0a......

                                      a 0 000 6 0      0 0 a)                     0 0

                                                     0 0 0 0 0          0:00000  000

              IMPROPER METHOD OF  BOUNDARY          PROPE1@--METHOD OF BOUNDARY
                      SELECTION                             SELECT-ION
                Streets are strictly used  as          Similar uses on both sides of
                boundary line.                         street are included in district.
                Strip zoning with several              Few nonconforming uses.
                nonconforming uses.                    Lot size relates to density
                No consideration given to              regulations of district e.g.
                relating uses.                         small lots go into higher
                                                       density district.

                                              338

            FIGURE XIV. 2.2 HOW TO ESTABLISH THE WkTLAND/FLOODPLAIN DISTRICT

                                ....                 ......
                                                      ..........

                                                     ...........

                   Harbor District     Residential District  MCommercial District
                                  EXISTING ZONING MAP

                                                                    ..................

                                                WETLAND/FLOODPLAIN
                     PISTT'ICT 11AP             DISTRICT MAP
                     BASED ON H.U.D.            OVERLAYED ON
                     FLOOD HAZARD               EXISTING
                     INSURANCE MAP              ZONING MAP

                                           339

                         The entire shore-front of a community need not be
                    included within the harbor district, but rather it should
                    be a well-defined compact area which includes all those
                    uses which are relevant to the functioning of a harbor.

                    XIV.  2.4, Wetland/Floodplain Overlay District

                            The community may also want to consider wetlands
                    and floodplain protection within the harbor zoning district.

                         With the establishment of the H.U.D. flood insurance
                    program, many participating communities have been provided
                    with flood hazard insurance maps delineating wetlands and
                    floodplain areas. These areas may be useful for forming
                    a wetland/fl.oodplain district. The H.U.D. wetland and flood-
                    plain map may be used as an overlay on the map of the entire
                    community which includes the harbor zoning district.

                         H.U.D. regulations should be followed in setting out
                    the specific and general provisions of the w  etland/floodplain
                    district. Objectives, dimensional regulations, allowed and
                    special permit uses, etc., should be provided within the
                    zoning by-law or ordinance. The requirements of the wetland/
                    floodplain district will Iprevail over the provisions of the
                    underlying district (in this case, the harbor zoning
                    district). (Figure XIV. 2.2).

                                                340

                  XIV. 3       Purposes of a S  11 Harbor District

                         3.1   Purposes from Chapter 808

                          A zoning ordinance or  by-law should state the
                  purposes for each zoning district which is established.

                       Chapter 808 states several purposes are related to
                  landuse management of a small harbor area. These include:

                           to secure safety from flood;
                           to facilitate adequate provision of water, open
                           space and other public requirements;
                           to conserve the value of land including conser-
                           vation of natural resources and the prevention
                           of blight and pollution of th e environment;
                          -to encourage the most appropriate use of land;
                           and
                          -to preserve and increase amenities."'

                         3.2   Type of Regulations from Chapter 808

                          Chapter 808 also sets out a list of regulations
                  which might be included:

                       "Regulations may include but are not limited to
                  restricting, prohibiting, permitting or regulating:
                       a) uses of land, including wetlands and lands  deemed
                       subject to seasonalor periodic flooding;
                       b) size, height, bulk, location and use of struc-
                       tures, including buildings . . .
                       c) use of bodies of water including water courses;
                       d) noxious uses;
                       e) areas and dimensions of land and bodies of water
                       to be occupied or unoccupied by uses and structures,
                       courts, yards and open spaces;

                     Chapter 808, Section 2A, 1975.

                                            341

                         f) density of population and intensity of use;
                         g) accessory facilities and uses, such as.vehicle
                         parking and loading, landscaping and open space;
                         and
                         h) the development of natural, scenic, and aesthetic
                         qualities of the community."

                    XIV.' 3.3   Purposes for a Harbor Area

                            Chapter 808 gives the community some broad
                    guidelines to consider. However, these should be trans-
                    lated into specific purposes and objectives.

                         One of the major purposes for regulating land use in
                    a harbor area would be to maximize the use of a scar--e
                    resource by allowing compact development along with
                    specific amenities, such as pedestrian links, high
                    standards of site planning and architectural design, and
                    preservation of views and open space. This would result
                    in environmentally-sound development while preserving
                    the quality of life.

                         Another objective would be to encourage the develop-
                    ment of marine and harbor related land uses in order to
                    take advantage of the peculiar characteristics of the
                    waterfront.

                         A final objective, and probably the most important,
                    would be to foster economic development. This objective
                    would have a two-prong result in that a central business
                    area could be revitalized if the harbor uses attracted
                    people-and provided pedestrian-oriented activities.
                    Also, establishment of year-round uses within the harbor
                    district would give added vitality to the area.

                       Chapter 808, Section 2A, 1975.

                                              342

                   XIV. 4      Regulatory Considerations and Land Uses in a
                               Harbor District

                         4.1   Typical Regulations

                           Regulations for zoning districts usually pertain
                   to dimensional requirements and uses. Typical regulations
                   would include minimum lot size and frontage, depth, set-
                   back requirements, front, rear and sideyard dimensions,
                   maximum lot coverage, maximum floor area ratio, maximum
                   height and parking requirements.

                        The Zoning Act requires that regulations be uniform
                   within a district for each class of use. The regulations
                   for a harbor zoning district should be such that they
                   encourage compact development. To encourage desired land
                   uses in a harbor district, a community may allow smaller
                   minimum lot sizes, narrower and less stringent minimum
                   frontage setback and depth requirements, greater lot
                   coverage and higher floor area ratios. These may work
                   as incentives for certain uses to locate in the harbor

                   district.

                         4.2   Typical Uses

                           Alternatively, a community may prohibit from
                   other zoning districts most of the uses that are desirable
                   for the harbor district, and allow such uses as a matter
                   of right or by special permit with bonus incentives.
                   Table XIV. 4.1 is a typical use table and includes a wide
                   variety of uses. Many of these uses may not be applicable
                   to the intent of any one specific harbor district, but
                   certainly those included under conservation, preservation,
                   fisheries, and recreational would be appropriate.

                        Table XIV. 4.1 is broken down into allowed uses,
                   special permit uses, and uses which are not allowed. As
                   mentioned previously, the decision about specific uses and
                   how they will be regulated is up to the community.

                                            343.

                   The use table should only be used as a guide. Under the
                   categories of A - allowed, S.P. - special permit, N.A. -
                   not allowed, the numbers 1, 2, 3 appear. The numbers are
                   a recommended preference guide for regulation. Number 1
                   means that it would be the first choice; number 2, second
                   choice; and number 3, third choice. For example, under
                   A. agricultural, number. 3, parcels of less than five acres,
                   regulation by special permit would be most desirable while
                   the second option would be.to allow this use as a matter
                   of right.

                        Where a number 1 exists alone, there is either no
                   other choice or a second or third option would be undesir-
                   able.

                                             344.

                  TABLE XIV 4.1     Recommended Use Table for a Harbor Zoning
                                    District
                                                             S.P.       N.A.
                                                   A.       Special      Not
                   Uses                         Allowed     Permit     Allowed
                  A. Agricultural   1

                      1.  Accessory  Structures     1

                      2.  Acquaculture              1

                      3.  Agriculture,   horti-
                          culture, flori-
                          culture (parcels of
                          less than 5 acres)        2          1

                      4.  Agriculture, horti-
                          culture, floricul-
                          ture (parcels of more
                          than 5 acres)             1

                      5.  Commercial forestry       1

                      6.  Commercial stables/
                          kennels                              2           1

                      7.  Commercial sale of
                          products raised on
                          premises                  2          1

                      8.  Farmstand                 2          1

                      9.  Greenhouse                2          1

                      10. Nurseries/tree farm       1          2

                      11. Piggeries

                      12. Raising/keeping of
                          fur-bearing animals

                      The Zoning Act specifies that a zoning ordinance or by-
                      law may not prohibit, unreasonably regulate, or require
                      a special permit for the use of land for the primary
                      purpose of agriculture, horticulture or floriculture.
                      However, it is suggested that a special permit be re-
                      quired for some of the uses in this section of the table
                      based on previous decisions of the Massachusetts
                      Supreme Judicial Court regarding what constitutes
                      agriculture. Agricultural activities may be limited to
                      parcels of more than five acres within a harbor zoning
                      district.

                                             345

                      TABLE kIV 4.1       Recommended Use Table for a Harbor Zoning
                                          District (continued)
                                                                     S.P.          N.A.
                                                         A.          Special        Not
                      Uses                             Allowed      Permit      Allowed

                           13.   Raising/keeping of
                                 livestock

                           14.   Storage of agricul-
                                 ture products
                                 raised on premises        1

                      B. Business

                            1.   Bank                                   2(b)         1

                            2.   Boarding House                         1

                            3.   Craft Shops               2            l(b)

                            4.   Funeral Home                                        1

                            5.   Guest House                            1

                            6.   Hairdressers/
                                 Barbers                                2(b)         1

                            7.   Hotels and Motels                      l(b)

                            8.   Laundry                                             1

                            9.   Medical Clinic                         2(b)         1

                           10.   Night Club                             l(b)

                           11.   Parking Lot                            l(b)

                           12.   Parking Garage                         l(b)

                           13.   Printing                                            1

                           14.   Professional
                                 Office                                 2(b)         1

                           15.   Real Estate
                                 Office                                              1

                           16.   Restaurant
                                 (drive-in)                             2(b)         1

                           17.   Restaurant
                                 (inside)                               l(b)

                                                     346

                    TABLE XIV 4.1      Recommended Use Table for a Harbor Zoning
                                        District   (continued)
                                                                   S.P.        N.A.
                                                       A.          Special       Not
                    Uses                             Allowed      Permit      Allowed

                         18.  Restaurant
                              (outside)                              l(b)

                         19.  Room rentals                           1

                         20.  Specialty shops:
                              art galleries,
                              gift shops,
                              antiques, import
                              leather, and
                              natural goods             2            l(b)

                    C. Commercial

                          1   Auto

                              a. Gas

                              b. Repair

                              c. Sales-Rentals

                              d. Service

                          2.  Bait Shops                 2           1

                          3.  Boating

                              a. Gas                                 l(b)

                              b.   Repair                            l(b)

                              C.   Sales-Rentals                     l(b)

                              d.   Service                           l(b)

                          4.  Car  Wash

                          5.  Commercial
                              Fishing                                2

                          6.  Commercial
                              Sight-seeing
                              or Ferrying                            l(b)

                          7.  General
                              Commercial
                              (retail)                               2(b)         1

                                                  347

                      TABLE XIV 4.1       Recommended Use Table for a Harbor Zoning
                                          District (continued)
                                                                     S.P.        N.A.
                                                          A.         Special       Not
                       Uses                            Allowed      Permit      Allowed

                            8.  General
                                Commercial
                                (wholesale)                             2(b)        1

                            9.  Marinas                                 l(b)

                           10.  Marine Supply
                                Outlet                    2             l(b)

                           11.  Seafood, whole-
                                sale or retail
                                Outlet                    2             l(b)

                           12.  Testing of
                                Marine Equip-
                                ment and
                               -Instruments                             l(b)

                           13.  Uses dependent
                                on the Water-
                                front                                   l(b)

                           14.  Uses not de-
                                pendent on the
                                Waterfront                                          1

                      D. Conservation/
                           PreseFv'ation

                            1.  Conservation              1

                            2.  Cultural,
                                visual, scenic
                                preservation

                            3.  Historical
                                Preservation                            l(b)

                            4.  Wildlife'
                                Habitat

                                                    348

                    TABLE XIV 4.1      Recommended Use Table for a Harbor Zoning
                                       District (continued)

                                                                  S.P.        N.A.
                                                        A.        Special       Not
                    Uses                            Allowed      Permit       Allowed
                    E. Educational-     1
                        Religious

                         1.   Church owned
                              by sect or
                              Denomination              2           1

                         2.   Instruction
                              in Boating,
                              Water Sports              1           2

                         3.   Private School
                              (non-profit)              2           1

                         4.   Private School
                              (profit)                              2

                         5.   Public School             2           1

                         6,   Research Lab.                         l(b)

                    F. Fisheries

                         1.   Accessory
                              Structures                2           l(b)

                         2.   Fin Fishing               1           2(b)

                         3.   Opening Shell-
                              fish                      2           l(b)

                         4.   Shell Fishing             1           2 (b)

                    G. Industrial

                         1.   Airports-
                              heliports

                      The Zoning Act specifies that a zoning ordinance or        by-
                      law may not prohibit, regulate, or restrict the use        of
                      land or structures for certain religious and educational
                      purposes. A special permit could be required as long as
                      it is subject only to reasonable regulations.

                                                 349

                     TABLE XIV 4.1       Recommended Use Table for..a Harbor Zoning
                                         District (continued)
                                                                    S.P.          N.A.
                                                         A.       -Special         Not
                     Uses                             Allowed      Permit       Allowed

                           2.   Energy (electric
                                nuclear genera-
                                tion plant                                           1-

                           3.   Gas                                                  1

                           4.   Gravel                                               1

                           5.   Light Industry

                           6.   Mining

                           7.   Oil Refinery

                           8.   Public Utilities:
                                telephone, tele-
                                graph, T.V.,
                                Radio

                                a. Underground                         1             2

                                b. Above Ground                                      1

                           9.   Quarrying                                            1

                          10.   Sand                                                 1

                          11.   Storage  iTanks:
                                oil,gas

                          12.   Temporary Con-
                                struction
                                Office

                          13.   Transmission
                                Lines and Towers                                     1

                          14.   Shipping                                             2

                          15.   Uses dependent on
                                the Waterfront                         l(b)          2

                          16.   Uses not dependent
                                on the Waterfront

                                                    350

                  TABLE XIV 4.1      Recommended Use Table for-a Harbor Zoning
                                     District (continued)
                                                                 S.P.         N.A.
                                                     A.          Special       Not
                  Uses                             Allowed      Permit      Allowed

                  H. Manufacturing

                        1.  Canneries                                           1

                        2.  Lumber Products                                     1

                        3.  Marine Railways                        l(b)         2

                        4.  Repair Yards                                        1

                        5.  Rope                                                1

                        6.  Storage Yards                                       1

                        7.  Truck Terminals                                     1

                        8.  Warehouse                                           1

                        9.  Uses dependent
                            on the Water-
                            front                                  l(b)         2

                       10.  Uses not depen-
                            dent on the
                            Waterfront                                          1

                  I. Municipal

                        1. Aguarium                                l(b)

                        2.  Band Shell                             l(b)

                        3.  Civic Center                           l(b)

                        4.  Community Center                       l(b)

                        5.  Library                                2(b)         1

                        6.  Municipal
                            Buildings                              2(b)         1

                        7.  Museum and
                            Exhibits                               I (b)

                        8.  Outdoor Pavillion                      l(b)

                        9.  Playhouse                              l(b)

                                               351

                      TABLE XIV 4.1      Recommended Use Table for a Harbor Zoning
                                         District (continued)
                                                                     S.P.         N.A.
                                                        A.           Special       Not
                      Uses                            Allowed       Permit      Allowed

                           10.   Pumping Station                        2(b)        1

                           11.   Theatre                                l(b)

                           12.   Water Works                            2(b)        1

                      J.   Public

                            1. Billboards                                           1

                            2.   Dams

                            3.   Dredging                               l(b)

                                 Flood Drainage                         2           1

                            5.   Hospital                                           1

                            6.   Nursing Home                           2(b)

                            7.   Passenger
                                 Station: bus,
                                 transit, train                         l(b)

                            8.   Refuse dumping

                            9.   Sanitary Landfill

                           10.   Sewage Disposal

                           11.   Shore Bulkhead
                                 and Seawalls

                           12.   Shore Rip Rap
                                 and Revetments

                           13.   Signs, other than
                                 Billboards                             l(b)

                           14.   Temporary Struc-
                                 tures and Use                          l(b)         2

                           15.   Veterinarv HosRital

                                                     352

                          'IV
                    TABLE      4.1    Recommended Use Table for a Harbor Zoning
                                      District (continued)
                                                                  S.P.        N.A.
                                                      A.          Special      Not
                   Uses                            Allowed      Permit       Allowed

                  K. Recreation-Amusements

                        1.   Boathouses and
                             Wharves                   2            l(b)

                        2.   Boating                   1

                        3.   Campgrounds                            l(b)         2

                        4.   Cemetery                  1

                        5.   Day Camp                               l(b)         2

                        6.   Footbridges,
                             Fences                                 l(b)

                        7.   Golf Course                            l(b)         2

                        8.   National Tourist
                             Attraction-Theme
                             Park                                   l(b)

                        9.   Bowling Alley                                       1

                       10.   Nature Study              1

                       11.   Non-Profit
                             Recreational
                             Facility                               l(b)

                       12.   Observation
                             Deck or Shelter           1            2(b)

                       13.   Outdoor
                             Amusements                             2(b)         1

                       14.   Parks,
                             Playgrounds               2            1

                       15.   Picnicking                2            1

                       16.   Piers, Docks,
                             Floats and
                             Landings                  2            l(b)

                                                 353

                     TABLE :UV 4.1       Recommended Use Table for a Harbor Zoning
                                         District,(dontinued)
                                                                     S.P.        N.A.
                                                         A.         Special       Not
                     Uses                            Allowed       Permit       Allowed

                          17.   Private Clubs
                                (Non-Profit)                           l(b)

                          18.   Private Clubs
                                (Profit)                               1 (b).

                          19.   Swimming                 1

                          20.   Tennis Courts            1             2

                          21.   Trails, Walks,
                                Paths, Cat
                                Walks, Duck-'
                                blinds                   1             2(b)

                          22.   Yacht Club,                            1

                          23.   Trapping/
                                Hunting                                2

                      L.  Residential

                            1.  Cluster                                l(b)         2

                            2.  Conversions
                                Single to
                                Two-Family                             l(b)

                            3.  Elderly
                                Housing                                l(b)

                            4.  Home Occupa-
                                tions                                  l(b)
                            5.  Low and    1
                                Moderate
                                Income
                                Housing                                l(b)

                        If the  quotas specified in M.G.L., Chapter 40B are not
                        met by  the community, low- and moderate-income housing
                        must be allowed in most cases.

                                                    354

                  TABLE XIV 4.1      Recommended Use Table for a Harbor Zoning
                                     District (continued)
                                                                 S.P.        N.A.
                                                     A.          Special      Not
                  Uses                            Allowed       Permit      Allowed

                        6.  Mobile Homes                                        1

                        7.  Multi-Fam  ily                         l(b)         2

                        8.  P.U.D.                                 l(b)         2

                        9.  Seasonal
                            Dwellings                 2            l(b)

                        10. Single-Family             1

                        11. Two-Family                2            l(b)

                                                 355

                    XIV. 5      Dealing with a Nonconforming Use, Building or
                                Structure

                         5.1    Definition

                           Small harbor areas usually contain nonconforming
                    land uses, buildings and structures. These were established
                    at a time when they were directly dependent on a harbor
                    front location, and were not constrained by any zoning
                    regulations. However, they do not conform to existing
                    zoning regulations and are therefore considered nonconforming.

                        By a court decision, it has been established that a
                    preexisting use, building or structure may not be prohibited
                                                    1
                    by a zoning ordinance or by-law.   The state zoning act also
                    prohibits total abolition of nonconforming uses and structures.

                        Nonconforming uses, buildings and structures may be
                    dealt with in several ways.

                          5.2   Abandoned or Not Used Uses, Buildings and
                                Structures

                            Communities may establish zoning provisions which
                    stipulate that nonconforming uses, buildings or structures
                    that have been abandoned or not used for a period of two
                    years or more would no longer be lawfully in existence. Any
                    new use or structure would have to comply with the zoning
                    currently in effect.

                        Abandonment is very difficult to prove, however,
                    as there must be an intent to abandon. That is, there
                    must be an action which carries out the abandonment. One

                    1 opinion of the Justices,234 Mass. 597, 606, 127 NE 525.

                                              356

                   example is a supreme judicial court case where the court
                   decided that because the owner of the nonconforming      use
                   entered the service for two years, there was no intent to
                            1                                             it
                   abandon.    The term "not used for two years or more is
                   easier to prove and should be defined in the zoning ordin-
                   ance or by-law. Basically, "not used" could be defined
                   in terms of a building or structure being unoccupied for
                   two years or more or a use not exercised for two years'
                   or more. Once a community has determined that a use,
                   building or structure has not been used for two years     or
                   more, they are still faced with the problem of how to     get
                   rid of any physical structures which could remain standing
                   and empty for years. Demolition of such structures may
                   not beregulated under zoning but is rather the responsibility
                   of the building inspector or commissioner in administration
                   of the State Building Code which allows regulation of any struc-
                   tures that have become hazardous. The building inspector
                   or commissioner could require demolition when it is felt
                   that a hazard exists when the structure is allowed to
                   remain standing.

                   XIV. 5.3     Alteration, Extension, or Change to A
                                Nonconforming Use, Building or Structure

                           A second,method which-can be used by    a community
                   to regulate pre-existing nonconforming structures or uses
                   is also found within Section 6 of the new zoning act. The
                   statute allows extension, alteration or change to such
                   uses if a special permit is granted. In order to grant
                   the special permit, a finding must be made that such change,
                   extension or alteration is not substantially more detrimental
                   than the existing nonconforming use is to the neighborhood.

                     Morin v. Board of Appeals of Leominister (1967) 227 N.E.
                     2d 466, 352 Mass. 620.

                                               357

                    A Community may want to define "substantially more detri-
                    mental" in general terms in their zoning ordinance or
                    by-law. In past supreme judicial court cases, the court
                    pointed out a three-part test which should be used in
                    such considerations. This test may be useful in defining
                    "Substantially more detrimental." Basically, the three
                    part test would involve the following:

                         a. Does the use reflect the nature and purpose of
                    the use which was allowed when the zoning by-law or
                    ordinance took effect?

                         In McAleer v. Board of Appeals of Barnstable, 361
                    Mass. 317, the Supreme Judicial Court felt that a lawful
                    nonconforming use, that of an inn operator in the summer
                    could be converted to a year-round use without derogating
                    from the purpose of the zoning in effect when the inn was
                    originally established. The by-law originally allowed an
                    inn for summer use, and the court felt that a change to
                    year-round use did not change the nature of the use.

                         b. Is there a difference in quality or character?

                         In Marblehead v. Rosenthal, 316 Mass. 124, the Supreme
                    Judicial Court felt that a small tailor and furrier opera-
                    tion in-one store with some hand-cleaning of clothes was
                    different from operation of threestores with complete
                    mechanical equipment for dry cleaning. In Brady v. Board
                    of Appeals of Westport, 348 Mass. 515, the Supreme Judicial
                    Court felt that a preexisting moor with a twelve foot pier
                    for four or five boats was different in character from a
                    structure consisting of two piers, one 80 feet long and
                    the other 90 feet long.

                                               358

                      C. Does the current use have. a harmful or noxious
                 effect on the neighborhood?

                      In other words, would the change, alteration, or
                 extension of the nonconforming use or structure have a bad
                 effect on the neighborhood. This should be determined on
                 a case-by-case basis, but might be regulated in terms of
                 additional traffic hazards created by the change or such
                 things as increased odors, dust, or noise.

                 XIV. 5.4    Bonus Provisions to Control Nonconforming Uses,
                             Building or Structures

                         A community should establish bonus provisions such
                 as density in excess of that allowed for any uses or struc-
                 tures which conform to the objectives of the harbor district.
                 Such bonus zoning would be handled by a special permit pursu-
                 ant to the provisions of Section 9 of the new zoning act.
                 Providing generous bonus provisions for conforming uses may
                 encourage an owner to change a nonconforming use to a con-
                 forming use mainly for economic benefits. Indirect pressure
                 to conform, such as a harbor businessmen's organization or
                 through marketing efforts of a chamber of commerce, which
                 point out the positive aspects, might bolster a community's
                 efforts. Further discussion of bonus zoning will be found
                 in the next section, Special.Permits.

                 XIV. 6      Regulating the Use of Land in a Small Harbor'
                             by Special Permit

                       6.1   Definition

                         The special permit process is probably the most
                 effective regulatory technique allowed under zoning.
                 Through this process, a community may review proposed
                 uses, buildings, and structures for compliance with the
                 objectives of the harbor zoning district. The community
                 actually "bargains" with the developer to obtain the best
                 development package.

                                           359

                        The beneficial results from using this technique
                   for small harbor development are many. The  most significant
                   would be the protection of the environmental integrity.and
                   sensitive character,of the small harbor while ensuring
                   revitalization.

                   XIV. 6.2    Special Permit Granting Authority

                           A special permit is granted by the "special permit
                   granting authority." The new zoning act defines "special
                   permit granting authority" as follows:

                             11special permit granting authority,"
                             shall include'the board of selectmen,
                             city council, board of appeals,
                             planning board, or zoning administra-
                             tor as designated by zoning ordinance
                             or by-law for the issuance of special
                             permits.

                   This means that the zoning ordinance or by-law must include
                   a provision which designates one of the above municipal
                   agencies to issue special permits. No one else may be con-
                   sidered as the special permit granting authority. However,
                   a community may have more than one special permit granting
                   authority. Each special permit granting authority must be
                   designated to issue a certain class or kind of special permit.

                        For example, the planning board may be designated to
                   issue special permits for any use which would require site
                   plan review.' The board of appeals could issue all other
                   classes of special permits. The board of appeals could also
                   grant the power to issue special permits for uses which
                   directly affect waterfront development to a zoning adminis-
                   trator who could be the community and harbor development
                   authority director. However, many communities should be
                   aware that the zoning administrator has a very limited time
                   perlod in which to act and therefore this alternative may
                   not be feasible.

                                              360

                  XIV. 6.3    Granting a Special Permit

                          In order to grant a special permit, the special
                  permit granting' authority must follow the procedures of
                  th e new zoning act. Figure XIV. 6.1 is'a flow chart of
                  these procedures based on the specific group responsible
                  for issuing special permits.

                        6.4   Findings

                          The special permit granting authority may only
                  issue a special permit after a finding that the use is in
                  harmony with the general purpose and intent of the zoning ordin-
                  ance or by-law. In other words, the proposed use meets
                  the objectives and purposes which were established for the
                  harbor zoning district. The special permit granting
                  authority must also make a finding that the general or
                  specific provisions of the zoning ordinance or by-law
                  regarding special permit uses are met. Provisions might
                  include density standards, parking requirements, set-backs,
                  or general conditions, for example, that the use would
                  revitalize the harbor area, that the use is dependent
                  upon water, that the use is of a marine or tourist orien-
                  tation, or that the use supports the commercial fishery
                  or recreational industry.

                        6.5   Classes of Special Permits

                              The type of special permits which may be granted
                  are varied. Zoning ordinances or by-laws may authorize
                  special permits for such uses as a) multi-family; b) cluster;
                  c) planned unit development; and d) bonus zoning.
                       Each of these types of special permits may warrant
                  consideration within a harbor zoning district.

                                             361

                                                                                                                                           FIGURE XIV 6.1
               SPECIAL PERMIT PROCESS (CONSULT G.L., CHAPTER 110A FOR COMPLETE AND BINDING TEXT)
                       SPECIAL PERMIT GRANTING AUTHORITY MAY BE CITY COUNCIL, BOARD OF APPEALSj PLANNING BOARD, OR ZONING
               ADMINISTRATOR AS DESIGNATED IN ZONING ORDINANCE OR BY-LAW. CERTAIN CLASSES OF SPECIAL PERMITS MAY BE
               ISSUED BY ONE OF THE PARTIESj AND OTHER CLASSES BY ANOTHER,

                        9BOARD OF SELECTMEN, CITY COUNCIL OR PLANNING BOARD IS ACTING AS                                                                              BOARD OF APPEALS IS ACTING AS
                                                       'SPECIAL PERMIT GRANTING AUTHORITY'                                                                     'SPECIAL PERMIT GRANTING AUTHORITY'                                                                     ZONING VIINISTRATOR IS ACTING AS
                                                       Ti 11 IS FILED WITH                                                                                                                                                                                             'SPECIAL @@RMIT GRANTING AUTHORITY*
               @P[C!AL PE                              APPL@IA PO
                                                       AL EPMIT GRANTING                         CAXT         REAPPLY
               @@RANTING A   P@ RITI                   AUT1115P I TY (SPGA). APPLICAN,          .1     KAY C                                                                                                                                               APPLICATION IS FIL       WITH CITY        APPLICANT KAY
                                                                                          (FOR SPECIAL    P  RMIT                                                                                                                                          OR TOWN CLERK WHO      ORTHWITH           REAPPLY FOR
               @.AYRSUBMIT   0 OTHE                    TRANSMl TS COPY,OP APPLICATI                                                                  LS 14AY          F"  CATION IS FILED WITH CITY
               BOA DS AND    4E ,C,F                   FOR-,HW TH TO C Ty OR TOWN                                                                    R             FT     WN CLERK HMO FORTHWITH                APPLICANT MAY REAPPLY                      TRANSMlT    SIT TqZT@k ZONING             FO SPECIAL
               FOR REV  IEK                                                                                                         ARDS AND AGENCIES              TRANSMITS TO THE @ONIN                                       P RM                       ADMIN! TRA  7OR @ A                       PERMIT
                                                       CLERK                                                                      80                               BOARD OF APPEALS             )G              FOR SPECIAL E          IT
                                                             -4         -                                  2 YEARS UNLESS         ro  REVIEW                                                ZRA                                                            ZA POSTS    -PUBLISHES AND
                                                       SPGA POSTS,PUBLI@                                      CONSENT    To                                                          4                                                                     SENDS NO@ICE OF P-BLIC HEARIN,
                                                       5ENSNOTICE 0     Fplu                                  REPET I I ion                                        ZBA POSTS, PUBLISHES AND SEN7DS                                                                                                            2 YEARS UP
               MUST RlJ?lT TO SP'_A                                                                                                                                NOTICE OF PUBLIC HEARING                                                   s                             I                                 CONSEN1
                  IN                                                                                                                                                     --------    I-                                                UNLESS                          A@ LEAST 14 DAYS                       REPET11
               WITH       DAY! OR                                       7,                                                        )-,!ST REEDRT TO ZBA                                                                                 CONSENT TO
               DEEMED NO  O@P-@SiTiA                   AT LEAST 14      DAYS                                                      WITHIN 55 DAYS OR                       AT LEAST@4 DAYS                                              REPETITION
                                                                                                                                  DEEMED 00 OPPOSITION                                                                                                                 ZA HOLLIS PUBLIC HEA,
                                                       SPGA HOLDS PUBL C HEA I G                                                                                                        C HEAI@N   G'                                                                                      =G
                                                       AFTER FILING DATE WITH PIA                                                                                     ZIIA "OLD' PUBL;  'M i N
                                                                        WII
                                                       MUST BE HELD     ITH N 6@ SA@s                                                                                 NOT BE HELD               WIT. 111A                                                  DECISION OF ZZA WITHIN 35               FAILURE
                                                                                                                                                                                                                                                           DAYS OF FILING DATE
                                                                        T                                                                                                                                                                                  FAIL        URE TO ACT DEE41) DENIAL    TO ACT
                                                             WITHIN190  DAYS                                                                                                 WITHIN'90 DAYS
                                                                        v                                                                                                                                                                                  -           WITHIN 14 DAYS
                                                             OF SPGA    NCLUDING          UNFAVORABLE DECISION-4                                                      DECISCION OF ZLA INCLUDING                UNFAVOPABLE DECISION-
                                                             'N         Sloml S NT TO                                                                                                           SENT
                                                       Ir                                                                                                                                 0
                                                       DEC@CE OF DE                                                                                                   NOT C OF DECISI                                                                                    4
                                                       NOT              cl E                                                                                          TO PARTIES IN INTZAE                                                                                                         UNFAVORABLE
                                                       PARTIES IN !NTEREST AND                                                                                                                  ST AND                                                     ZA          SENDS ICE OF DECISION
                                                       F@LING @v DETAILED RECORD          FAVORABLE DECISION---I                                                      FILING OF DETAILED RECORD                 FAVORABIE DECISION-1                       TO          PARTIENSOIN INTEREST AND    DECISION
                                                       WTH C i`f OR TCWN CLER                                                                                         AN D DECISION WITH CITY                                                              FILES,DETA!!-ED RECORD          D
                                                                                                                                                                      OR TOWN CLERK@                                                   20 DAYS             DECIS ON    WTH CITY OR TOWN
                                                       F     T ACT DEEMED hol                                      C@Ays                                                                                                                                                              AND
                                                       AILUR,                                                                                                                                                                                                                              WN      FAVOPABLE
                                                                                                                                                                      FAILURE TO ACT DEEMED GRW                                                            CLERK                                   DECISION
                                                                                                                                                                                                                                           +                                                                  30 DAYS
                                                       WITHIN 70 DAYS                       Y     TOWN CLE  RX                                                               WITHIN120 DAYS                                            EFIX
                                                             +                          IC@,"T'.rES NO APPEAL                                                                                                                          PEAL                WITHIN 130 DAYS                 CITY OR TOWN CLERK
                                                       [
                                                       A     AL MAY BE                                                                                                                                                                                                 4                   CERTIFIES NO APPEAL
                                                       P I                                                                                                                                                                                                 APPEAL MAY BE
                                                       PP'
                                                       T@lm TO                            ALPPECRMIT is EFFECTIYE                                                                                               ECCIAL                                     T
                                                       S.                               SPE Cl                                                                                                                          PER141T IS                         .AKIN To BOARD
                                                       SUPER101 COURT                   WHE AP Ll ANT FILES WIT                                                                                                 EFFE TIVE WHEN APPLICANT             EF Ar"AlLo                                                       IV
                                                                                        REGISTRY OF IDEEDS OR LAND                                                                                              FILES WITH REGISTRY OF                                                     SPECIAL PERMIT IS
                                                                                                                                                                                                                DEEDS OR LAND COURT                                                            C V            E
                                                                                        Co                                                                                                                  I"
                                                                                        URT                                                                                                                                                                                                EFFE TTVE    WH    N
                                                                                                                                                                                                                                                                                           APPLIC  N T FILES WITH
                                                                                                                                                                                                                                                                                           REGISTRY OF DEE    DS      OR
                                                                                        M     PERMIT   ELAPSES                                                                                                                                                                             LAND COURT
                                                                                        E@.AL   R I   ED WITH..                                                                                             JSPECIAL,PFRM@T EIlIlEl
                                                                                            EXE C SI                                                                                                            " NOT X,   ftc SED     WTHIN
                                                                                        IME PERIOD SPECIFIED                                                                                                [T. - IFRI.D SPECIFIED         IN
                                                                                        IN ORDINAJ% E OR BY-Lbwl                                                                                                .I..    E OR BY-?W NOT                                                     SPECiAL PERMIT ELAPSES
                                                                                                                                                                                                                T                      ij
                                                                                        IT NOT TO DIE CADRE THAN Z YEARS]                                                                                       TO BE MORE THAN            S                                               IF NOT EXERCISED WITHIN
                                                                                                                                                                                                                                                                                           TIME PERI OD  SPECIFIED
                                                                                                                                                                                                                                                                                           INOR Of WANCE 04 BY-LAW,
                                                                                                                                                                                                                                                                                           T To BE MORE THAN
                                                                                                                                                                                                                                                                                           rY-A,,
                                                       APPL"
                                                       E                                                       EAPPLY
                                                                                                              N, T
                          U@  To                       SP-11
                                                                                                             R
                                                       'j T W@
                                                       TFA
                            A                          F.P@M'
                                                       .L
                                     @,,F,ERK

                       a. Multi-family uses would support the harbor and
                  would allow compact development as well as provision of
                  open space and preservation of significant views.

                       b. Cluster development if residential would have
                  beneficial results similar to multi-family uses. However,
                  other uses such as marine complex including a hotel,
                  marina, restaurant, etc., could be clustered into a
                  pleasing and complimentary development.

                       C. Planned unit development - Unless a harbor zoning
                  district is quite sizeable, a planned unit development may
                  ,not be as feasible as multi-family or cluster development.
                  However, in terms of economic revitalization, a planned
                  unit development approach may be very advantageous.

                       A community could prepare its harbor development plan
                  to resemble a large-scale planned unit development.
                  Through various incentives such as bonus zoning, the
                  community may be able to encourage developers to locate
                  specific uses according to the harbor development plan.
                  If the harbor zoning district is sufficiently large, more
                  than one planned unit development might be feasible.

                       d. Bonus zoning - Bonus or incentive zoning, which
                  is authorized under Section 9 of The Zoning Act by special
                  permit basically allows a community to trade development
                  rights such as increases in the allowable density or
                  intensity of use, in exchange for desirable amenities
                  such as increased open space, pedestrian and transportation
                  access, or siting. Without the bonus, the desired amenities
                  would not be economically feasible to the developer.

                       The first and most important step in developing a
                  bonus system is to develop specific objectives the community
                  wants to accomplish by using bonuses: The intent of most
                  bonus provisions could be categorized as follows:

                                           363

                        a- improve pedestrian circulation;

                        b. improve access to transportation facilities;

                        c.. increase light and air, including view protection
                   and enhancement;

                        d. increase pedestrian and transportation amenities
                   such as open space; and

                        e. increase construction and location of desirable

                   uses in the area.

                        After the purposes of bonus zoning have been established,
                   the next step is to determine the amenities and bonuses
                   which will be exchanged. If bonus zoning is provided in a.,
                   community, The Zoning Act requires that the zoning by-law
                   or ordinance specifically list the improvements, amenities
                   or locations of proposed uses that will be exchanged. The
                   ordinance or by-law must also list the increases in allowable
                   density or intensity of use. The community may wish to
                   correlate the amenities to the purposes. The San Francisco
                   Downtown Zoning Study 1 established the following:

                   Primary Public Purpose                          Amenity

                   Accessibility                           Rapid Transit Access
                                                           Rapid Transit Proximity
                                                           Parking Access

                   Pedestrian                              Multiple Building
                                                             Entrances
                                                           Sidewalk Widening
                                                           Shortening Walking
                                                             Distance

                   Pedestrian Amenity                      Plaza

                   Light and Air to Streets                A Side Setback
                                                           Low Coverage on Upper
                                                             Floors

                   1 San Francisco Downtown Zoning Study, December, 1966.
                     Department ot City Pianning, 100 Larkin Street, San
                     Francisco, California 94102, pp. 22-23.

                                             364

                  Primary Public Purpose                         Amenity

                  View Protection and Enhancement        Low Coverage on Upper
                                                           Floors
                                                         Observation Decks

                       As for the bonuses, the most difficult step for the
                  community is to establish the site of the bonus. A report
                  by the American Society of Planning Officials entitled
                  Bonus Provisions in Central City AreasI  suggests the
                  following:

                       The floor area bonus is usually calculated in one of
                  four ways:

                       a. Adding a certain number of square feet of building
                  area for each unit of feature provided, e.g., for each
                  square foot of plaza, six square feet may be added to the
                  total floor area.

                       b. Adding a certain number of points of floor area
                  ratio for providing a specified feature, e.g., the floor
                  area ratio may be increased by 1.5 for a lot characterizing
                  a described amenity.

                       C. Adding a certain percentage to the floor area
                  ratio for providing a specified feature, e.g., the floor
                  area ratio may be increased by 15 percent for a lot
                  abutting an open space of a designated size.

                       d. Increasing the size of the lot for purposes of
                  computing the-floor area ratio in proportion to the features
                  provided, e.g., 50 feet shall be added to the depth of
                  the lot for calculating the area of the lot for purposes
                  of the floor area ratio if the lot abuts an open space of
                  a designated size.2

                  1
                   Bonus Provisions in Central Citz Areas, Mary Brooks,
                   American Society of Plan-nl-ng Officia   planning advisory
                   reports, report no. 257, May 1970, pp. 11-13.

                  2
                   Peter S. Svirsky, "San Francisco: The Downtown Development
                   System," The New Zoning, p. 144.

                                          365

                                                                 FIGURE XIV 6.5

                                                                ILLUSTRATIONS OF FLOOR AREA RATIO
                                                                       Examples With 10:1 Ratio

                                                          Basic Floor              Bonus                    Maximum Allowable
                                                          Area Ratio      +        Floor Area               Floor Area Ratio

                                 EXAMPLE 1:
                                 Full Coverage
                                 of Lot

                                 EXAMPLE 2:'
                                 70 cer Cent
                                 Coverage
                                 of Lot

                                 EXAMPLE 3:
                                 Full Coverage
                                 of Lot With
                                 Irregular
                                 Building

                                From: The San               Francisco Downtown Zoning Study, p. 18.

                                Other less common ways to calculate the bonuses are:
                                         a. Increasing the height level by a certain number
                                of feet for each unit of feature provided, e.g., for each
                                foot of setback four additional feet may be added to the
                                height.
                                         b.      Decrease the lot area by a percentage for pro-
                                viding a         specified feature, e.g., for each two percent of
                                lot area         covered by an arcade, the lot area requirements
                                shall be         reduced by .6 percent.
                                                                                                                    x,

                                                                            366

                       c. Decrease the side yard requirements by a certain
                  number of feet if the side yard abuts a street.

                       Table XIV. 6.1 suggests some examples of amenities
                  and the bonuses that they.might'be traded for.

                       It is strongly recommended that a community consider
                  special permits under bonus zoning for their harbor zoning
                  district. Such provisions may provide the administrative
                  tool necessary to direct development according to the
                  harbor development plan.

                                           367

                                                     TABLE XIV. 6.1

                                         AMENITIES AND BONUSES FOR BONUS ZONING

                1. PURPOSE: IMPROVED PEDESTRIAN
                               CIRCULATION

                                   Amenity.                                                Bonus

                    A.   MULTIPLE BUILDING ENTRA14CES    Points of           Increase in the maximum floor
                         entry for pedestrians from a sidewalk               ratio or the percentage increase
                         into a building are increased to elimi-             in the maximum lot coverage.
                         nate congestion created by one entry.

                    B.   SIDEWALK WIDENING - The sidewalk is                 Increase in the maximum floor
    LO                    idened betwee:PF-the building to the               area ratio and maximum height.
    ON
    00                   property line.by means of arcades,
                         plazas, or increased building setback.
                         The bonus would increase as the width
                         of the sidewalk increased. An
                         additional bonus would be given if the
                         sidewalk or entry area is coordinated
                         with adjacent entry areas.

                    C.   SHORTENED WALKING DISTANCE - The                    Decrease in the required setback
                         walking distance between uses is                    requirements or percentage in-
                         decreased and made safer by providing               crease in the maximum lot cover-
                         plazas, arcades, clustered siting of                age. Decrease in the required
                         uses, or passageways. The bonus is                  lot size and width and depth.
                         given proportional to the amount the
                         walking distance is decreased.

                                                        TABLE XIV. 6.1
                                           AMENITIES AND BONUSES FOR BONUS ZONING (cont.)

                 2. PURPOSE: IMPROVED ACCESS TO
                                 T-MN-SPORTATION FACILITES

                                     Amenity                                                   Bonus

                      A.  MASS TRANSIT ACCESS - Direct                           Percentage increase in the
                          pedestrian access is provided from                     maximum lot coverage. Decrease
                          the building to a regional or community                in the required parking.
                          transit station. Access is constructed
                          by the applicant or developer on pri-
                          vate property. Access is open to the
                          general public during normal business
     ON                   hours.

                      B.  MASS TRANSIT PROXIMITY - The closer a                  Percentage increase in the maxi-
                          E-u-ilding is sited to a regional or                   mum lot coverage. The percentage
                          community transit station, the bigger                  should be based on a sliding
                          the bonus. If the distance is more                     scale which for example decreases
                          than 750 feet, no bonus should be                      for every additional 100 feet
                          given.                                                 distance a building is sited away
                                                                                 from the transit station. De-
                                                                                 crease in the required parking.

                      C.  PARKING ACCESS     Direct pedestrian                   Increase in the maximum floor
                          access is provided from the building                   area ratio and height.
                          to a parking structure or lot on the
                          same site or adjacent to it. If the
                          access is covered, an additional
                          bonus is given.

                                                      TABLE XIV. 6.1
                                         AMENITIES AND BONUSES FOR BONUS ZONING (cont.)

                 2. PURPOSE: IMPROVED ACCESS TO
                                TRANSPORTATION FACILITIES

                                    Amenity                                                 Bonus

                     D.  OFF-STREET PASSENGER LOADING     Direct              Increase  in.,the maximum floor,
                         peTestrian access is provided to a                   area ratio and  height.
                         loading berth. Available   -only to
                         hotels, motels, or similar places of
                         public assembly. The loading area
                         shall open directly to a public hall-
                         way or covered pedestrian walk and
                         shall have separate ingress and egress
                         lanes.

                     E.  OFF-STREET FREIGHT LOADING   (DELIVERY               Increase, in the maximum  floor area
                         AREA)    A common loading area serving               ratio or  percentage increase in
                         several buildings is provided. An                    the maximum lot coverage. Decrease
                         additional bonus is given if facilities              in setback requirements, required
                         for expansion are provided. Other                    lot size, or required lot dimen-
                         bonuses can be related to'buffering the              sions to allow clustering of
                         loading area from view. Separate                     buildings sharingthe common
                         ingress and egress lanes shall be pro-               facility.
                         vided.

                                                    TABLE XIV. 6.1
                                        AMENITIES AND BONUSES FOR BONUS ZONING (cont.)

                3. PURPOSE: INCREASED LIGHT AND AIR

                                  Amenity                                               Bonus

                    A.   REDUCED BUILDING COVERAGE - A larger             Increase in the maximum floor
                         portion of the lot is open to the sky            area ratio and maximum height.
                         above. The greater the percentage of
                         decreased-lot coverage, the larger the
                         bonus. Building coverage could also
                         be decreased on lower floors to provide
                         views through to the waterfront.

                    B.   INCREASED SETBACKS (YARDS) - Buildings           Increase in the maximum floor
                         are setback from the lot line more               area ratio and maximum height.
                         than required. Buildings are sited to            The bonus increases in proportion
                         take advantage of exceptional views.             to the width of the setback.
                         Additional bonus is given when a build-
                         ing is setback more than required from
                         shoreline.

                    C.   UNINTERRUPTED AND CONNECTED PLAZAS OR            Increase in the maximum floor
                         OPEN AREAS - Plazas or open areas are            ratio and maximum height. De-
                         unobstructed from their lowest level to          crease in setback requirements to
                         the sky. Additional bonus is given when          encourage clustering of buildings
                         the plaza or open area is shared in              and uses and sharing of common
                         common with other buildings and uses and         open space.
                         connects with a street.

                                                    TABLE XIV.
                                        AMENITIES AND BONUSES FOR BONUS ZONING (cont.)

                    PURPOSE: INCREASED LIGHT AND AIR

                                   Amenity                                               Bonus

                    D.  OBSERVATION DECKS - An observation deck            Decrease in the required.lot
                        or other viewing space is provided                 size, dimensions, and setbacks.
                        within a building at a height which                Increase in the maximum floor
                        enables a clear field of vision. A                 area ratio and height.
                        view of the waterfront is desirable.
                        The viewing space is made available to
                        the general public during daytime and
                        and possibly evening hours.. This
                        amenity is useful where existing land
                        use is already dense and views are
                        obscured.

                    E.  SITING OF  BUILDINGS, STRUCTURES AND               Decrease in the required 1-ot size,
                        SIGNS TO ENHANCE VIEWS AND LIGHT                   dimensions, and setback. Increase
                        INTRUSION - Buildings are sites to                 in the floor area ratio or per-
                        open up views and to decrease the                  centage increase in the maximum
                        effect of shadows on other buildings.              building coverage.
                        Structures and signs are sited in such
                        a way that they do not obstruct views
                        of a landmark, the skyline, or water-
                        front. All buildings, structures and
                        signs are sited to increase the open
                        areas which will be in sunlight during
                        the day-time hours.

                                                    TABLE XIV. 6.1
                                        AMENITIES AND BONUSES FOR BONUS ZONING (cont.)

                 4. PURPOSE: INCREASED PEDESTRIAN AND TRANS-
                               FO-RTATION AMENITIES

                                   Amenity                                              Bonus

                     A.  PLAZAS, OPEN SPACE AND FURNITURE                  Increase in the maximum floor
                         Plazas and open space are provided bet-           area ratio and height, Decrease
                         ween streets and the building entrance.           in one required setback if
                         The plaza or open space serves as a               another setback is increased.
                         rest area. Benches, planting, water
                         features, works of art and other enhance-
                         ments increase the bonus. Plazas or
                         open space at ground level receive a
                         higher bonus than those above ground
                         level. An additional bonus is available
                         when plazas and open space are inter-
                         connected.

                     B.  LANDSCAPING - Additional landscapping             Increase in the maximum floor
                         over what is required is provided.                area ratio and height. Decrease
                         Trees receive the highest bonus because           in the lot size, dimensions,
                         of their ability to screen, guide                 setbacks. Percentage increase
                         traffic, provide shade, and frame views.          in the maximum lot coverage.
                         Small trees, shrubs and hedges receive
                         the next highest bonus. Flowers, vines
                         and low-growing plant materials receive
                        .the lowest bonus. Any plant material
                         which has brilliant color receives
                         additional bonuses.

                                                    TABLE XIV. 6.1
                                       AMENITIES AND BONUSES FOR BONUS ZONING

                4. PURPOSE: INCREASED PEDESTRIAN AND TRANS-
                              PORTATION AMENITIES

                                  Amenity                                              Bonus

                     C.  ARCADES - Connection between a building          Increase in the maximum floor
                         and a street, between two or more                area ratio and height. Decrease
                         streets, between two or more buildings,          in the lot size, dimensions, and
                         between plaza and buildings or any such          setbacks. Percentage increase
                         conbination is provided by an arcade             in the maximum lot coverage.
                         which is open and unobstructed to a
                         height of twelve feet or more. A
                         covered arcade receives a higher bonus.
                         Interconnected arcades also receive a
                         higher bonus.

                     D.  LANDSCAPED ROOF DECK - A roof deck is            Increase in the maximum floor
                         located on a building or in a building           area ratio and height. Decrease
                         and is open to the sky or is open to a           in the required lot size, dimen-
                         waterfront view. A higher bonus is               sions, and setbacks..
                         received when the deck is landscapped.

                     E.  INCREASE IN OFF-STREET PARKING - Parking         Increase in the maximum floor
                         spaces are provided over the required            area ratio.
                         amount.

                     F.  CONSOLIDATED OFF-STREET PARKING - A              Increase in the floor area ratio
                         common parking area serving several              or maximum height. Decrease in
                         buildings is provided. The bonus is              the required setbacks and
                         increased if landscaping, lighting,              frontage.
                         arcades, or other improvements are
                         made to the parking area. The bonus
                         is further increased if an area is
                         provided for future expansion.

                                                     TABLE XIV. 6.1
                                        AMENITIES AND BONUSES FOR BONUS ZONING (cont.)

                     PURPOSE:, INCREASED PEDESTRIAN AND TRANS-
                               PORTATION AMENITIES

                                   Amenities                                             Bonus

                     G. PARKING WITHIN PRINCIPAL BUILDING                  Increase in the  .floor area ratio
                         Parking is enclosed and provid                    or maximum height. Decrease in
                         within the building served.                       the required lot size, dimensions,
                                                                           and setbacks. -Percentage increase
                                                                           in the maximum lot coverage.

                     H.  ENHANCEMENT OF OFF-STREET PARKING                 Increase in the maximum floor
                         AREA - Design elements are provided               area ratio and height.
                         tFa-t enhance the off-street parking
                         area. Elements include buffered
                         location or siting, good relation-
                         ships to the principal use, changes
                         in the parking lot level for screening,
                         fencing, landscapping, pavement, lights,
                         bumper guards, directional signs, and a
                         maintenance program.

                 5. PURPOSE: INCREASED CONSTRUCTION AND LOCA-
                               TION OF DESIRABLE USES

                     A.  SITING OF USES IN ACCORDANCE WITH THE             Decrease in the required lot size,
                         HARBOR DEVELOPMENT PLAN - A developer'            dimensions, and setback. Increase
                         is willTn_gto construct or establish              in the,floor area ratio or per-
                         the desirable use recommended in the              centage increase in the maximum
                         harbor development plan. The use is               building coverage..
                         also sited as. recommended by the
                         harbor development plan.,

                                                   TABLE XIV. 6.1
                                       AMENITIES AND BONUSES FOR BONUS ZONING (cont.)

                5. PURPOSE: INCREASED CONSTRUCTION AND LOCA-
                              TION OF DESIRABLE USES

                                  Amenities                                            Bonus

                    B.  HIGH QUALITY ARCHITECTURAL DESIGN - The           Decrease in required lot size,
                        architectural design or motif of-buildings        dimensions, and setbacks. Increase
                        is in character with the established or           in maximum floor area ratio and
                        intended architectural design of the              height. Percentage increase in
                        harbor area. Bonus is increased when              maximum lot coverage.
                        additional architectural features of
                        quality design are provided such as
                        window boxes or lighting.

                    C.  BUFFER PROVISIONS - Screening and buffers         Decrease in required lot size,
                        are provided by-Tences, walls, and land-          dimensions, and setbacks. Increase
                        scaping. Delivery and disposal areas are          in maximum floor area ratio and
                        buffered. Objectionable views are                 height. Percentage increase in
                        screened to lessen their impact on uses           maximum lot coverage.
                        that are compatible to the harbor zoning
                        district. Privacy is protected by means
                        of fences and walls. Fences, walls, and
                        trellises that are constructed of mater-
                        ials characteristic to the harbor receive
                        additional bonus, This might include
                        wood fences or stone walls. Landscaping
                        is provided as a wind and noise break.
                        Bonus for decrease in the height of fences,
                        walls, and landscaping are given when a
                        view is preserved, light and air are in-
                        creased, or site distance is increased.

                 ,XIV. 7     VARIANCES

                       7.1   Definition

                         On occasion, an applicant or developer may wish to
                 construct a building or make use of land in a manner which
                 is not allowed by the zoning ordinance or by-law.

                      The applicant's relief is to request a variance from
                 the provisions of the zoning ordinance or by-law.

                      Variances may be granted by the permit granting authority
                 usually the board of appeals; however, as with special per-
                 mits, the board of appeals may give this responsibility to a
                 zoning administrator

                       7.2   Variance Granting Authority

                         Variances are generally granted for dimensional
                 purposes. For example, an applicant may not be able to
                 meet the front yard setback requirement and therefore would
                 need permission from the permit granting authority to vary
                 from this setback. This authority has the power to determine
                 whether the variance should be granted. The process they
                 follow is set forth within The Zoning Act and is shown on
                 Figure XIV. 7.1.

                       7.3   Variance Granting Procedure

                        Before the permit granting authority may issue a
                 variance, they must make four findings. The written decision
                 must specifically discuss each of the findings or a valid
                 variance has.not been granted. All four conditions must be

                 met.

                                          377

                                                                               FIGURE XIV 7.1
                  VARIANCE PROCESS (CONSULT G.L. CHAPTER 40A FOR COMPLETE AND BINDING TEXT)
                     ZONING ADMINISTRATOR IS ACTING AS                                                                     BOARD OF APPEALS IS ACTING AS
                        'PERMIT GRANTING AUTHORITY"                                                                         "PERMIT GRANTING AUTHORITY"
                                                                                                                PETITION IS FILED WITH                   PETITIONER
            PETITION IS FILED WITH CITY               PETITIONER MAY                                            CITY OR TOWN CLERK, WHO                  MAY REAPPLY
            OR TOWN CLERK, WHO FORTHWITH              REAPPLY FOR                                               FORTHWITH TRANSMITS IT TO                FOR VARIANCE
            TRANSMITS IT TO THE ZONING                VARIANCE                                                  ZONING BOARD OF APPEALS (ZBA)
            ADMINISTRATOR (Z.A.)

                                                                                                                ZBA POSTS, PUBLISHES AND
          ZT- @10ST-S__, PUBLISHES  AND                                                                         SENDS NOTICE OF PUBLIC HEARING
          SENDS NOTICE OF PUBLIC HEARING                        2 YEARS;
        E 14                                                                                                                                                          1
                                                                 UNLESS                                               AT LEAST 14 DAYS                                _AR@
                Af LEAST 14 PAYS                            CONSENT TO:                                                                                             UNLESS
                                                            REPETITION                                       F_7BA HOLDS PUBLI@ HEARING                       CONSENT TO
                   HO@_DS @111BLIC HEARING                                                                         MUST BE WiTHIN     5 DAYS                   REPETITLON
        F__ ET.-                                                                                                   OF FILING DATE WITH ZBA

                                WITHIN               FAILURE
            DECiSION BY 7,A.
            @')@ DAYS OF FILING DATE.                 TO ACT                                                     DECISION BY ZBA WITHIN 75
            FAILURE TO ACT DEEMED IDENIAL                                                                        DAYS OF FILING DATE,
                                                                                                                 FAILURE TO ACT DEEMED GkANT
                   WITHIN 14 DDAYS                                                                                      WITHIN 14 DAYS
          7 A.--SEND-l' NOTICE @,'F DECISION       UNFAVGRABLE]                                                 ZBA SENDS NOTICE OF DECISION TO _UNFAVQRABLF_J
          TO PARTiES IN INTF.@ESI AND FIL;zs         DECISION                                                                                            DECiSION
                                                                                                                PARTIES IN INTEREST AND FILES
                                                    FAVORABLE                                                   DETAILED RECORD AND DECISION             FAVORABLF
          '"FlAILF0 @ECORD AN-11 DECISION
        L@L-,H CITY OR TOWN CLERK                   DECISION                                                    WITH CITY OR TOWN CLERK                  DECISION

                WITHm 30 DAYS                                                                                   WITHIN  20 DAYS
                                                                                                                                              ITY OR T-OW@71LERK'
                                            CL TY OR TOWN CLERK                                                                              C,
                  APPLAL MAY                 _RTIFIES NO APPEAL                                                 A13PEAL MAY BE               CERTIFIES   NO APPEAL
                  BE TAKEN TO                                                                                   TAKEN TO
                  BOARD OF                                                                                      SUPERIOR COURT
                  APPEALS
                                           VARIANCE IS EFFECTIVE                                                                           VARIANCE IS    EFFECTIVE
                                           WHEN PETITIONER FILES                                                                           WHEN PETITIONER FILES
                                           WIT11 REGISTRY OF DEEDS                                                                         WITH REGISTRY 0.   _  DEFDS
                                           OR LAND COURT                                                                                   OR LAND COURT
                                                                                                              L
                                                                                                                 A
                                                                                                                SEN D____T_

                                                                                                                                                                      >

                                                                                                                 PpE "
                                                                                                                S LAK E N     E
                                                                                                                 UpE R       U ]RT
                                                                                                                                                           F@FE
                                                                                                                                                                   T
                                                                                                                                                          4 E   I LE
                                                                                                                                                            0    DEFDS

                                           M17117 F.7,U"@T@ 17 NOT                                                                         VARIANCE ELAPSES IF NOT
                                        LFFXFF@R.(@:ISED IN' ONE YEAR                                                                      EXERCISED IN ONE YEAR
                                           i_
                                          FROV. DATE OF DECISION                                                                           FROM DATE OF DECISION

                 XIV.   7.4   Findings,

                          The permit granting authority must find the
                 following:

                       a. that theland or structure in question is affected
                 by unique soil conditions, shape or topography which generally
                 do not.affect other land or structures within the zoning
                 district;

                       b. that   the applicant would be put under a hardship,
                 financial or otherwise, if the variance were not granted;

                       C. that the variance may be granted without nullifying
                 or substantially derogating from the intent and purpose of
                 the zoning ordinance or by-law. (In other words, because
                 there is a specific purpose for zoning within the community,
                 and there usually are reasons why the particular zoning
                 district was established; the permit granting authority
                 must weigh the evidence and decide whether granting the
                 variance would in fact make these purposes void); and

                       d. that the variance may be granted without detriment
                 to the public good.    (That is, will granting the variance
                 cause damage or hurt someone else or the community on the
                 whole.

                 XIV.    8    CONCLUSION

                           No matter what zoning regulations are adopted by
                 a community  to manage land uses in a harbor area, the zoning
                 must be flexible and up to date.

                                              379

                       The best way to effectively implement a harbor plan
                  is to require special permits for most uses within the
                  harbor district.  A community must provide incentives to
                  developers to offset the delays involved in obtaining
                  special permits.

                       It is strongly recommended that each year the legisla-
                  tive body of the community should review and evaluate the
                  effectiveness of zoning for harbor revitilization and
                  management.

                       Zoning provisions must be continually amended and
                  updated to efficiently meet community objectives.

                                             380

                                                  COASTAL ZONE
                                                  INFORMIATiOll CENTER'

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