[From the U.S. Government Printing Office, www.gpo.gov]













                                                                                                             Comprehensive
                                                                                                             Harbor Plan
                                                                                                             Kittery, Maine



                                                                                                             Prepared for
                                                                                                             Town of lCittery


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                                                                                                             Wallace, Floyd, Associates Inc.
                                                                                                             Architects - Landscape Ajxhitects   Planners
                                                                                                             Urban Designers



                                                                                                             In association with:
                                                                                                             T.Y. Lin Intemational
                                                                                                             Engineers - Planners




                                                                                                             August 1990







                                        .qOMPREHENSIVE HARBOR PLAN@
                                        KITTERY, MAINY



                                        Prepared for:
                                        Town of Kittery

                                        By:
                                        Wallace, Floyd, Associates Inc.


                                        in association with
                                        T.Y. Lin International



                                        Advisory Committee


                                        Maria Barth
                                        Joan E. Castellano
                                        Robert E. Drew
                                        Richard Emery
                                        Milton Hall
                                        David C. Kaselauskus
                                        Kenneth F. Lemont
                                        Louise Lewis
                                        Stu Lewis
                                        Steve Lipson
                                        John McCollett
                                        Richard C. Pfifferling
                                        John Robbins
                                        Jean Spinney
                                        Harry N. Wyman








                                        Financial assistance for preparation of this document was provided by a grant from
                                        Maine's Coastal Program through funding provided by the U.S. Department of
                                        Commerce, Office of Ocean and Coastal Resource Management, under the Coastal
                                        Zone Management Act of 1972, as amended.


                                        August 1990









                                         TABLE OF CONITENTS




                                         I      INTRODUCTION                                                          1


                                         11.    INVENTORY AND ANALYSIS OF EXISTING CONDITIONS                         3


                                                     Overview                                                         3
                                                     Harbor Description                                               3
                                                     District Descriptions                                            4
                                                     Moorings                                                        16
                                                     Ordinances                                                      20


                                         III. GOALS AND OBJECTIVES                                                   22

                                         IV.    RECOMMENDATIONS                                                      27


                                         V.     SHORELAND ZONING ORDINANCE RECOMMENDATIONS                           46


                                         VI.    CAPITAL IMPROVEMENTS PLAN                                            52


                                         VII.   IMPLEMENTATION SCHEDULE                                              55


                                         VIII.  APPENDICES


                                                A.   Town-Owned Waterfront Parcels
                                                B.   Special Habitats
                                                C.   Critical Natural Areas
                                                D.   Existing Kittery Port Authority Rules & Regulations
                                                E.   New Hampshire Port Authority Rules and Regulations
                                                F.   Mooring Demand Projections
                                                G.   Porposed Mooring Plan
                                                H    Scarborough, ME Shellfish Ordinance









                                          LIST OF FIGURES


                                                                                                                     After Page

                                          Figure 1:    Boating/Recreational Resources                                      3

                                          Figure 2:    Environmental Resources                                             3

                                          Figure 3:    Town-Owned Waterfront Parcels                                       3

                                          Figure 4:    Prime Water-Dependent Sites                                         3

                                          Figure 5:    Geologic Environments                                               3

                                          Figure 6:    Proposed Zoning Setbacks                                           46



                                          LIST OF TABLES



                                                                                                                         Page

                                          Table 1:     1989 Mooring Locations                                             16

                                          Table 2:     1989 Mooring List Boat Size                                        17

                                          Table 3:     1989 Mooring Waiting List Boat Size                                17

                                          Table 4:     1989 Mooring Waiting List boat Type                                18

                                          Table 5:     1989 Resident/Non-Resident Boat Ownership                          18

                                          Table 6:     Watercraft Registration in Kittery a of 11/30/88                   18

                                          Table 7:     1995 Mooring Demand Projections                                    19

                                          Table 8:     1989 Mooring Fee Comparison                                        20

                                          Table 9:     land Uses in the Shoreland Zone                                    47


                                          Table 10:    CIP Project Priorities                                             53

                                          Table 11:    Implementation Schedule                                            55

                                          Table 12:    Implementation Schedule by Responsible Agency                      63




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 I                INTRODUCTION
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                                          INTRODUCTION


                                          Kittery's harbor is an important component of the Town's character and heritage.
                                          The harbor provides a livelihood for fishermen and persons offering boating
                                          services and facilities, recreational opportunities for both the boating and non-
                                          boating public, and educational resources. The harbor also improves the aesthetic
                                          environment for residents of and visitors to Kittery. The residents of Kittery, and
                                          the State of Maine, have become increasingly concerned with preserving the harbor
                                          environment and enhancing waterfront resources for today and future generations.

                                          This concem resurfaced during the Towns recent Comprehensive Plan process, and
                                          was reinforced by the State's recent Shoreland Zoning Ordinance which mandates
                                          that Towns enact zoning and land use controls to protect those areas within 250 feet
                                          of the normal high-water line of any coastal or freshwater wetland, saltwater
                                          body or river. It was decided during the Comprehensive Plan process to delay
                                          decisions regarding the harbor until a comprehensive harbor planning process could
                                          be initiated. A Harbor Plan Advisory Committee was appointed to develop, with
                                          the help of a consultant team, a Comprehensive Harbor Plan for the Town of
                                          Kittery.

                                          THE PLANNING PROCESS

                                          A detailed inventory and analysis of waterfront resources was conducted to
                                          document the types and condition of existing resources. These resources range from
                                          environmentally sensitive areas to recreation facilities to boat launching areas.
                                          The demand, both existing and future, for these facilities was also analyzed. This
                                          inventory provided the Advisory Committee with the background necessary to plan
                                          for the future of Kittery's Harbor.

                                          Interest in the plan was increased through programs on the harbor at the public
                                          schools and through extensive newspaper coverage. Discussions about waterfront
                                          resources, at both Advisory Committee Meetings and a Public Meeting, led to the
                                          development of goals and objectives for the Harbor. Finally, a set of
                                          recommendations was developed, which when implemented, will result in the
                                          achievement of the publicly articulated goals and objectives. These
                                          recommendations were presented at a second Public Meeting for review and
                                          discussion, and the plan was finalized.

                                          THEPLAN


                                          This Plan represents the results of the harbor planning process. The plan is
                                          organized into the following sections:

                                                9 Inventory and Analysis of Existing Conditions

                                                e Goals and Objectives

                                                e Recommendations

                                                e Shoreland Zoning Ordinance Recommendations

                                                @ Capital Improvements Plan










                                             Implementation Schedule

                                    Appendices to this document are bound separately and include more detailed
                                    information on the inventory, methodology used for projections of mooring space
                                    demand, and a sample shellfish ordinance. A new mooring plan was also
                                    developed for the Town as part of this project. The new plan, included in the
                                    appendices, maximizes the number of available moorings.

                                    ADMINISTRATION OF THE PLAN

                                    The Harbor Plan will be implemented according to the following general
                                    framework:


                                    1.)     Adoption of the Plan.by Town Council

                                    2)      Revision of town zoning and other waterfront ordinances with public input

                                    3)      Execution of other recommendations by the identified responsible party




































                                    -2-




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  i                INVENTORY AND ANALYSIS
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                                          INVENTORY AND ANALYSIS OF EXISTING
                                          CONDITIONS

                                          OVERVIEW

                                          Kittery Harbor comprises the essential elements of a successful waterfront. The
                                          character of the waterfront changes dramatically through the Town, from the
                                          Downtown working waterfront with its Town Dock and numerous Badger's Island
                                          commercial fishing piers, to the residential and recreation areas of Kittery Point
                                          and the Islands. The Harbor also encompasses several areas of boating interest and
                                          numerous environmentally sensitive areas. The specific resources are discussed more
                                          fully under the Planning District Descriptions below (see Figures 1 - 5).

                                          HARBOR DESCRIPTION


                                          Portsmouth Harbor is located at the mouth of the Piscataqua River and is the
                                          seaward approach to several towns, including Kittery, New Castle, New Market
                                          and Durham, as well as the Cities of Portsmouth and Dover. The Harbor is
                                          characterized by a federally designated channel, generally considered ice-free,
                                          with depths of about 35 feet carried through Portsmouth Harbor to the Memorial
                                          (U.S. Route 1) Highway Bridge. From the Memorial Bridge, a dredged, marked
                                          channel leads for about 3.5 miles to a turning basin about four-tenths of a mile above
                                          Frankfort Island in the Piscataqua River. The controlling depth in the dredged
                                          channel ranges from 30 to 33 feet above mean low water (MLW) at mid-channel.

                                          The mean tidal range is 8.7 feet at Kittery Point. The tidal currents are considered
                                          extremely strong and special care is required by boaters in the restricted sections of
                                          the channel above and below the fixed bridges. The Portsmouth Harbor is used
                                          extensively by large vessels and considered to be a customs port of entry.

                                          There are several dangerous ledges located near the Harbor entrance. These include
                                          Moores Rock, near Brave Boat Harbor, which is unmarked and has a five foot cover.
                                          A long reef is also located just south of Brave Boat Harbor with approximately four
                                          feet of cover. There are two dangerous ledges about 2.5 miles offshore. York ]edge,
                                          marked by a buoy, has a three-foot cover; Murray Rock (1.5 miles southwest of York
                                          Ledge) has a six-foot cover and is also marked by a buoy. Bottom conditions
                                          between the ledges are less than ideal and vessels are advised to pass outside of
                                          the lighted whistle buoy.

                                          In general, navigation is hampered in the Harbor by rapid tidal currents.
                                          Velocities will vary greatly depending on the width and depth of the river and
                                          adjacent tributaries. Hazardous cross currents occur at many locations due to the
                                          irregularities of width and depth. Navigation of deep draft vessels is limited to
                                          the 3-hour period between 1.5 hours before and after slack water.











                                          -3-
















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                                                                                            TOWN OF KITTERY                                                                                                                                                                                                                                       Wallace, Floyd, Associates Inc.                                                                                                                                                                                                                                                  N
                                                                                                                                                                                                                                                                                                                                                  Architects/Planners
                                                                                            Kittery Harbor Plan                                                                                                                                                                                                                                   T.Y. Lin International
                                                                                                                                                                                                                                                                                                                                                  Engineers/Planners





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                                                        TOWN OF KITTERY                                                                                                                                     Wallace, Floyd, Associates Inc.                                                                                                                                      Nc
                                                                                                                                                                                                            Architects/Planners
                                                        Kittery Harbor Plan                                                                                                                                 T.Y. Lin International
                                                                                                                                                                                                            Engineers/Planners




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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                 ..........



                                                                                                                      0 Town-Owned Waterfront Parcels                                                                                                                                                      APPLEDCM
                                                                                                                                                                                                                                                                                                                 ISLAM
                                                                                                                                      (See Table 14)





                                                                                TOWN OF KITTERY                                                                                                                                                                                             Wallace, Floyd, Associates Inc.                                                                                                                                                                                                           N
                                                                                                                                                                                                                                                                                            ArchitectsiPlanners
                                                                                Kittery Harbor Plan                                                                                                                                                                                         T.Y. Lin International
                                                                                                                                                                                                                                                                                            Engineers/Planners











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                                                    TOWN OF KITTERY                                                                                                                      Wallace, Floyd, Associates Inc.                                                                                                                         N
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                                                    Kittery Harbor Plan                                                                                                                  T.Y. Lin International
                                                                                                                                                                                         Engineers/Planners









                                          DISTRICT DESCRIPTIONS

                                          West Kittery

                                          Land Use and Development Potential

                                          West Kittery is bordered by Spinney Creek and the Piscataqua River on its southern
                                          edge. The Eliot town line and Route 1 Bypass form the eastern and western
                                          boundaries respectively.

                                          The district is a n-dx of residential and commercial uses, with residential
                                          development and vacant parcels along the waterfront. A number of homes along
                                          Spinney Creek have private piers. There is no commercial waterfront development
                                          in the district.

                                          Approximately a third of West Kittery remains undeveloped. About half of this
                                          land is zoned for residential use; the other half is zoned commercial. New
                                          development in West Kittery has been limited, in part because of the lack of sewer.
                                          West Kittery is designated as a growth district in the 1989 Comprehensive Plan.

                                          There are three vacant waterfront parcels in West Kittery. All are zoned for
                                          suburban residential use. Two parcels meet all the requirements for development of
                                          single residential buildings. There is also a recently approved subdivision of three
                                          parcels.

                                          Points of Interest


                                               e Spinney Creek

                                                 Spinney Creek is located just above the 1-95 Bridge crossing. It is crossed by a
                                                 causeway dam and a culvert (about 300 yards above the entrance). The east
                                                 bank has several private float landings

                                               e Town-Owned Parcels


                                                 Town-owned parcels of .83 acres and 1.99 acres on either side of 1-95 (Nos. I
                                                 and 2 on Figure 3) provide attractive waterfront views and could be opened
                                                 for public access.

                                          Environmental Resources (see Figure 2 and Appendices B & C)

                                               * Spawning Oysters

                                                 An estuarine area used for experimental oyster spawning by the Department
                                                 of Marine Resources is located in Spinney Creek. There are a few natural
                                                 American oysters.

                                               e Eastern Oysters

                                                 Eastern Oysters are located in the mouth of Spinney Creek.






                                          -4-









                                            ï¿½  Bitternut Hickory

                                               Eight to twelve Bitternut Hickory trees are scattered throughout this
                                               woodlot located off of Old Dennett Road across from Spinney Way. 'n'te
                                               Hickories range in size from tiny seedlings, which occur in abundance in the
                                               center of the lot, to large trees of about 15 inches. Bitternut Hickory is
                                               recognized by its large pinnately compound leaves, sulfur-yellow buds, and
                                               fruit husks with winglike ribs.

                                            ï¿½  Mussel Aquaculture

                                               Mussell aquaculture is located in the mouth of Spinney Creek.

                                            ï¿½  Fisheries Habitats


                                               A fisheries habitat has been identified at the entrance to Spinney Creek.
                                               The significance of the habitat can be found in the rating descriptions given
                                               in Appendix B.

                                       Recreational Resources


                                       There are no waterfront recreational facilities in this district.



                                       Downtown


                                       Land Use and Development Potential

                                       Downtown, defined as the area between the Route 1 Bypass and the Kittery Point
                                       Bridge, is the most densely developed area in Kittery. The area is bordered by
                                       Spruce Creek and the Piscataqua River to the north and south respectively. Of all
                                       the planning districts, Downtown has the least amount of undeveloped land. Future
                                       development will be limited by the availability of vacant land, although
                                       redevelopment and expansion are viable development alternatives.

                                       The Wallingford Square area is Kittery's central business district with a n-dx of
                                       personal services, office, retail establishments serving mostly local needs.
                                       Residential uses surround the central business district. The immediate waterfront
                                       area contains primarily residential uses, densely developed along narrow, steep
                                       roads. With the exception of Badger's Island, only three waterfront parcels are
                                       developed for commercial uses. These uses include Warren's Lobster Pound in the
                                       central Downtown area, a small commercial building adjacent to Town Wharf, and
                                       Dion's Yacht Yard, a private boating facility with 42 moorings located near the
                                       mouth of Spruce Creek. The Portsmouth Naval Shipyard is located just off the
                                       coast in this area, on Seavey Island.

                                       Badger's Island, which is also part of this district, is a mix of residential and
                                       commercial uses, with primarily residential uses on the east side; the the
                                       commercial uses are primarily on the west side. The Island has a number of water-
                                       related or dependent uses, including boat building/marine service businesses and
                                       several commercial fishing operations. Several recent development proposals have
                                       raised concerns about the appropriate uses for the island; marinas for recreational
                                       boaters and condominiums have been proposed.



                                       -5-









                                        The Downtown District has 11 vacant waterfront parcels, zoned for urban
                                        residential use. Only two of these parcels meet the requirements for development of
                                        single-family homes. Local approval for a proposal for a 108-slip marina on
                                        Badger's Island, which was awaiting DEP review, has recently been allowed by
                                        the developer to lapse. Any new plans for the site would require a new permit
                                        application. Kittery Landing, which includes a 24-slip marina, office and
                                        residential space, is under construction. Numerous sites along the Downtown
                                        waterfront have been designated by the state as Prime Sites for Water-Dependent
                                        Uses (see Figure 4).

                                        The Downtown District is designated as a Growth District in the 1989
                                        Comprehensive Plan.

                                        Points of Interest



                                               Tilton Avenue Property (No. 8 on Figure 3)

                                               Although there is no formal public access or facilities, this town-owned
                                               property is often used by boaters and cancers. Parking is extremely limited;
                                               often occurring on Tilton Avenue and Route 103. The property is considered
                                               undeveloped.

                                               Town Wharf (No. 6 on Figure 3)

                                               The Town Wharf is within the protected area of the Harbor with a thirty
                                               by thirty-five foot wharf and float landing. There are approximately 15
                                               moorings in the nearby vicinity and approximately 12 fishing boats. There
                                               is no parking available. The wharf is accessed via a paved (fairly steep)
                                               driveway with buildings on either side. A few pleasure boats, mostly small,
                                               utilize the wharf and moorings. There is electricity available but no other
                                               services. This wharf is used for snow dumping in the winter. The property is
                                               surrounded by commercial uses.

                                               Traip Academy (No. 7 on Figure 3)

                                               The boat launch facility on this property has a paved drive and a dirt/grass
                                               area (approximately 50 x 30) utilized for parking. No services are available
                                               and lighting is inadequate. There are 15 moorings, primarily used by power
                                               craft due to bridge clearance restrictions. Strong currents are sometimes a
                                               problem because of tidal flows. The property is surrounded by residential
                                               uses.


                                               Back Channel

                                               The back channel begins approximately at the Spruce Creek Tributary and
                                               ends near Badgers Island. The channel provides good weather protection;
                                               depths range from 18-25 feet at MLW. Other than those noted above (Traip,
                                               Town Wharf and Tilton Avenue), there are no public boat access or parking
                                               facilities provided along the Channel. There are a few landings for small
                                               craft and several private wharfs with depths of 8-9 feet at MLW. The Back
                                               Channel is used principally by small craft and fishermen due to the rapid



                                        -6-









                                               and irregular tidal current influences. It is bordered with primarily
                                               residential uses.


                                            ï¿½  Seavey Island

                                               The Island is home to the Portsmouth Naval Shipyard and Regional
                                               Medical Clinic. A regulated navigation area has been established in the
                                               vicinity of the Portsmouth Naval Shipyard. The restricted areas are
                                               located at the east end of Seavey Island in the cove between Clarks, Seavey,
                                               and Jamaica Islands and the west end of Seavey Island from Henderson Point
                                               along the shore to the combined highway and railroad bridge across Back
                                               Channel. The regulations are as follows:

                                                  All vessels and other craft, except those under supervision of or under
                                                  contract to local military or naval authority, are prohibited from
                                                  entering the restricted areas without permission from the Commander,
                                                  Portsmouth Naval Shipyard or his authorized representative.

                                               The Shipyard's control of 150 moorings, available to shipyard personnel
                                               only, is a matter of contention with some members of the local boating
                                               population. A determination of the Shipyard's jurisdiction over these
                                               moorings was not within the scope of this study. Similarly, an analysis of
                                               traffic congestion around the Shipyard was also not within the scope of this
                                               study. That issue was addressed in the recently completed Comprehensive
                                               Plan.


                                            ï¿½  Other Town-Owned Parcels


                                               A .25 acre parcel surrounding the cemetery on Badger's Island (No.5 on Figure
                                               3) provides views of the Downtown Kittery waterfront.

                                               Rogers Park (No. 14 on Figure 3) is part of the 39-acre parcel which includes
                                               the Frisbee School. The parcel, which has nice views of Spruce Creek, is
                                               unimproved (except for the area immediately around the school) and
                                               receives limited use as a passive recreation area.

                                               The undeveloped town-owned parcel at the foot of Rice Avenue (No. 4 on
                                               Figure 3) is 3.5 acres. No formal public access exists. Water depth is
                                               extremely shallow. The property is surrounded by residential uses.

                                        Environmental Resources (see Figure 2 and Appendices B & C)

                                            ï¿½ Kittery Tidewater

                                               Defined by the State- as a natural area, this is considered the fastest flowing
                                               tidewater on the U.S. Coast and third fastest in the world.


                                            ï¿½ Deer Wintering

                                               There is a deer wintering yard near Shepherds Hill Cove. The significance
                                               of the yard can be found in the rating descriptions given,in Appendix B.





                                         -7-










                                         e Soft Clams

                                            Soft clam beds are located in Spruce Creek.

                                         *  Fisheries Habitats


                                            A fishery habitat is located near Old Post Road.

                                     Tidal Environments


                                            Main Channel


                                            The channel is an estuarine channel (where ocean and river waters mix).

                                            Spruce Creek

                                            The creek is a medium-velocity tidal channel which predominantly consists
                                            of mud flats, high salt marsh and ledge. The creek charges up-stream to a
                                            estuarine channel with classified low salt marsh.


                                            Back Channel


                                            The channel is an estuarine channel with mud flats and ledge.

                                     Recreational Resources


                                         9 Town Wharf


                                            See above.


                                         *  Traip Academy

                                            See above.


                                         @  Eagle Point

                                            Eagle Point is a 25 acre town-owned passive recreation area on the west side
                                            of Spinney Creek (No. 13 on Figure 3).

                                         e  Ram's Island


                                            Ram!s Island is 2.75 acres of town-owned undeveloped land (No. 11 on Figure
                                            3).

                                         a  Badger's Island Marina

                                            Badger's Island Marina is a privately-owned marina on the south side of
                                            Badger's Island with 24 slips, offering electrical, water and parking
                                            services.










                                     -8-











                                           ï¿½ Patten Yacht Yard

                                             The Patten Yacht Yard provides boat repairing, hauling and building
                                             services on the south side of Badger's Island. The facility provides no slips
                                             or marina services.


                                           ï¿½ Dion's Yacht Yard


                                             Dion's Yacht Yard is a privately-owned facility providing boat repair,
                                             hauling, brokerage and chandlery services. The yard, located just west of
                                             the Kittery Point Br idge on Bowen Road, has approximately seven slips.


                                      Kittery Point

                                      Land Use and Development Potential

                                      Kittery Point is a largely residential area define d by Spruce Creek, Chauncey
                                      Creek, Brave Boat Harbor and the Bartlett Road District. With the exception of
                                      Lewis Square and Pepperrell Cove, Kittery Point is almost exclusively developed
                                      for single-family homes. Lewis Square and Pepperrell Cove are zoned for local
                                      business and are characterized by a few small neighborhood-type commercial
                                      establishments. Kittery Point has only two waterfront businesses, a small boating
                                      supply shop and a restaurant.

                                      Kittery Point, of all the districts, has seen the least development pressure. Almost
                                      half of the district remains undeveloped. There are significant areas of open space
                                      within the district, many of which are enhanced by their close proximity to one of
                                      the many water bodies bordering the district. The Rachel Carson Wildlife Refuge,
                                      which encompasses portions of Kittery Point, has helped to protect some of the
                                      district's attractive open space. Fort McClary, a state park, is also located in this
                                      district.


                                      Kittery Point has 10 vacant waterfront parcels, only one of which meets the
                                      requirements for a single family house. The area is designated a Rural District in
                                      the 1989 Comprehensive Plan, and the land is zoned for Suburban Residential and
                                      Rural Residential use.


                                      Areas of Interest


                                           ï¿½ Spruce Creek

                                             Spruce Creek has a narrow, unmarked channel with a depth of
                                             approximately 12 feet for about 1.2 miles above the entrance. The existing
                                             moorings, which primarily belong to adjacent property owners, are mostly
                                             used by power boats due to the low bridge clearance. Spruce Creek is lined
                                             with residential development and vacant parcels, with commercial
                                             development around Route 1.

                                           ï¿½ Pepperrell Cove (No. 17 on Figure 3)

                                             Pepperrell Cove is the primary mooring facility. This waterfront area hosts
                                             a restaurant, the Pepperrell Yacht Club and the Harbor Master's Office.



                                      -9-








                                       There is a public wharf area and float landing (12 feet at MLW reported
                                       alongside) just west of Pepperrell Cove; full provisions are available.
                                       Electricity and water are also available. The public restroorn facilities
                                       have been taken out of service due to a faulty septic system. There is no
                                       pumpout facility for boats. There is a small craft launching ramp alongside
                                       the wharf. Winter storage for floats is limited. Day parking is provided for
                                       approximately 25 cars. Both commercial and recreational boaters utilize
                                       the facility. The cove has 265 moorings; the majority used by pleasure
                                       boaters during the boating season. There are 45 seasonal fishermen and 20
                                       year round fishermen operating out of the Cove. The cove depth is generally
                                       7-11 feet at MLW. Pepperrell Cove is surrounded by residential uses with a
                                       few commercial uses.


                                       Chauncey Creek

                                       This area is used extensively by small craft. The creek is crossed by an
                                       overhead power cable (reported clearance 40 feet) and a fixed bridge.
                                       Chauncey Creek is lined with residential use.

                                 Environmental Resources (see Figure 2 and Appendices B & C)

                                     - Spawning Scallops

                                       Spawning scallops are found at the mouth of Spruce Creek where it enters
                                       Portsmouth Harbor. Commercial harvesting has taken place in recent years.

                                     e Fossil Tree Stumps

                                       2000 to 3000 year old fossil tree stumps are located in the intertidal area
                                       near Pepperrell Cove.

                                     9 Deer Wintering Area

                                       There is a deer wintering area near Brave Boat Harbor.

                                     - Deep Water Scallops

                                       There are deep water scallop beds near Pepperrell Cove.

                                     - Seal Haul Out


                                       Maine has the largest population of harbor seals of any Atlantic state, and
                                       supports the only significant breeding population in the eastern United
                                       States. A seal haul-out has been identified in the mouth of Spruce Creek.

                                     o Fisheries Habitats


                                       Fisheries habitats have been identified in Crocketts Brook and Pepperrell
                                       Cove.










                                  _10-











                                         Tidal Environments


                                                Pepperrell Cove

                                                The cove consists of fine-grained conditions. Ledges and low-energy beaches
                                                make up the intertidal environments. (Intertidal environments consist of the
                                                area between the highest high water datum and the lowest low water
                                                datum subject to twice daily tidal flooding and all other marine forces.)

                                         Recreational Resources


                                             ï¿½ Pepperrell Cove

                                                See above.


                                             ï¿½  Fort McClary

                                                Fort McClary is a 27.5 acres State Park used for passive recreation.

                                             ï¿½  Frisbees Yacht Club

                                                This privately-owned yacht club at Pepperrell Cove provides gasoline,
                                                diesel oil, water ice and a launch service at the float, and has toilet and
                                                shower facilities.



                                         The Islands

                                         Land Use and Development Potential

                                         The Islands District, comprising Gerrish and Cutts Islands, is characterized by
                                         scattered residences and large areas of undeveloped land. Chauncey Creek borders
                                         both islands to the west, separating them from the mainland. The Atlantic Ocean
                                         borders the islands to the east. Cutts Island is the location of most of Kittery's
                                         summer homes. There is no waterfront commercial development in this district.

                                         Wetlands and other coastal resources are prevalent on both islands. The Rachel
                                         Carson Wildlife Refuge occupies a large portion of this district; there are plans to
                                         acquire an additional 278 acres to expand this conservation area.

                                         Gerrish and Cutts Islands provide public access to the water for both residents and
                                         non-residents. Fort Foster on Gerrish Island, and Seapoint and Crescent Beaches on
                                         Cutts Island are popular recreation sites.

                                         The Islands District has 22 vacant waterfront parcels, nine of which meet the
                                         requirements for development of single-family residential units. The district is
                                         designated as a rural distri-ct in the 1989 Comprehensive Plan and is zoned for Rural
                                         Conservation with a two-acre minimum lot size.


                                         There is only one new development on the islands; site work has recently been
                                         completed on a ten-lot subdivision on Gerrish Island.










                                         Areas of Interest


                                              e Fort Foster (No. 18 on Figure 3)

                                                Fort Foster is an 89-acre town-owned recreational facility with heavily used
                                                beach and picnic areas. The park has a long pedestrian pier and the
                                                partially submerged ruins of another pier about 100 yards to the north. The
                                                area between the two piers is used as a bathing beach; boaters either beach
                                                their craft or anchor off-shore. The park is accessed via a 2-lane road on the
                                                west side of Gerrish Island. There are no services (i.e. water or electricity)
                                                provided to the existing pier; picnic tables are available in the park. There
                                                are no moorings and fairly shallow water - 4 to 5 feet at MLW - at the
                                                existing pier.

                                              * Seapoint Beach (No. 20 on Figure 3)

                                                Seapoint Beach is considered a highly sensitive area because of the high
                                                variety of marine invertebrates and its extensive salt marsh. The area,
                                                which has spectacular ocean views, is used as a recreational and educational
                                                facility. Parking at this site is very limited; much of the parking area is
                                                reserved for Kittery residents.

                                              e Brave Boat Harbor


                                                The Harbor is used primarily by local small craft and there are a few
                                                private landings. There are no facilities provided. The surf is sometimes a
                                                problem and is reported to break clear across the entrance with the least
                                                amount of weather disturbance.


                                              - Isles of Shoals


                                                The Isles of Shoals are approximately 5-6 miles offshore and consist of a
                                                group of eight main islands and a number of islets, rocks, and ledges. The
                                                isles are frequented by fishermen and summer visitors with very few winter
                                                inhabitants. The Town has jurisdiction over the Islands of Cedar,
                                                Smuttynose, Malaga, Appledore, and Duck. The boundary between Maine
                                                and New Hampshire passes through the center of Gosport Harbor, and
                                                between Star and Cedar Islands. A brief description of Gosport Harbor and
                                                the Town's islands follows:


                                                Gosport Harbor

                                                The Harbor is formed by breakwaters joining Star, Cedar, Smuttynose, and
                                                Malaga Islands. It is used as an anchorage by local fishermen and yachts.
                                                The Harbor offers protection from all but westerly winds. The breakwaters
                                                are maintained by the Army Corps of Engineers. The one between Star and
                                                Cedar Islands was recently rebuilt; the one between Cedar and Smuttynose
                                                Islands is breaking down and will eventually need to be rebuilt.

                                                Bottom conditions are reported to be rocky and caution is req@iired in strong
                                                winds. There are several channels leading into Gosport Harbor; most are
                                                deep and clear. Between Appledore and Smuttynose, channel depth is
                                                approximately 20 feet. There are several ledges surrounding the Isles,
                                                including Cedar Island Ledge, Anderson Ledge, Halfway Rocks, Square Rock


                                          -12-









                                      and Appledore Ledge. Most are well marked with cover ranging from 2 to 6
                                      feet.


                                      Cedar, Malaga, Duck and Smuttynose Islands

                                      Nine-acre Cedar Island has four privately-owned houses on it; Smuttynose
                                      has three. A cove is formed by a stone breakwater joining Smuttynose to
                                      Malaga. It is recommended that boats with a draft greater than one foot
                                      avoid the cove due to uncharted rocks. Boats lie aground at low water and
                                      there are no piers or moorings. The 8.5-acre Duck Island, owned by the Star
                                      Island Corporation, is surrounded by ledge.

                                      Appledore Island

                                      Seventeen-acre Appledore Island was previously a Coast Guard station; it
                                      currently has ten separate owners. There is an old observation tower, several
                                      radio towers, and five abandoned houses. Cornell University and the
                                      University of New Hampshire lease much of the Island and maintain a
                                      small wharf and picnic grounds as part of the Shoals Marine Lab. Landings
                                      can be made in a small cove on the west side of the Island.

                                Environmental Resources (see Figure 2 and Appendices B & C)

                                    ï¿½ Soft Clams


                                      Soft clam beds are located near Brave Boat Harbor, the west side of Gerrish
                                      Island and Chauncey Creek.

                                    ï¿½ Deer Wintering Area

                                      Deer wintering areas are located near Brave Boat Harbor, in the center of
                                      Gerrish Island, and along Seapoint Beach.

                                    ï¿½ Volcanic Structures /Natural Outcrops/Explosion Breccia

                                      The shoreline exposure of Breccia on Gerrish Island is important because it
                                      records the sequence of events of the Breccia formation. The Breccia includes
                                      fragments of Felsic and Basil metamorphosed volcanic rocks and basaltic
                                      dikes all jumbled together with random orientation of foliation and bedding.
                                      This site is of educational and scientific value and merits preservation for
                                      further study.

                                    ï¿½ Sea Clams


                                      Sea clams can be found off Seapoint Beach.

                                    ï¿½ Marine Invertebrate Area

                                      Appledore Island is one of eighteen significant high diversity marine
                                      invertebrate sites on the Maine Coast. The Shoals Marine Lab of Cornell
                                      University conducts a summer program in marine sciences here.






                                 -13-










                                       Sea Point Marine Invertebrate Area

                                       Sea Point is one of 18 documented high diversity marine invertebrate areas
                                       on high energy rocky shores on the Maine Coast. It is included on the State's
                                       natural areas register because of the high variety of species present and
                                       because it is a prime location for educational studies and marine research.

                                       Sea Point Saltmarsh


                                       Seapoint Beach has an extensive saltmarsh, a rocky beach and intertidal
                                       tree stumps, with approximately 2000 feet of ocean frontage. The land is
                                       privately owned but managed by the Town to provide for public swimming
                                       and picnicking.

                                       Brave Boat Harbor Saltmarsh

                                       Brave Boat Harbor has a large, very shallow saltmarsh with little
                                       development; access is difficult. The saltmarsh has the only unpolluted
                                       clam flats in the area, but green crab, which is detrimental to clams, has
                                       recently emerged. Snowy egrets and cormorants are also found in the area.

                                       Kittery Wild-Coffee

                                       On the northeastern end of Cutts Island a large, robust population of the rare
                                       orange-fruited horse-gentian thrives in a shallow, wooded gully. Orange-
                                       fruited horse-gentian, also know as wild-coffee, is found growing in rich,
                                       moist woods and alluvial thickets in Cape Breton to Western Ontario,
                                       Minnesota, South and North Carolina, Kentucky, and Kansas. It is also
                                       considered rare in New Hampshire, Georgia, Iowa and Nova Scotia. In
                                       Maine there are only two stations currently known and only five others
                                       historically recorded.

                                     a Colonial Nesting Seabird Islands

                                       Between three and four thousand islands and exposed ledges occur along the
                                       Maine Coast. Three hundred and fifty of these are of special significance
                                       because they are used as traditional sites by twenty species of colonial-
                                       nesting seabirds. Colonial nesting seabirds are located on Clarks Island and
                                       Appledore Island.

                                     e Least Tern and Piping Plover Nest Sites

                                       The least tern and piping plover both nest along the Atlantic Coast on sandy,
                                       coastal beaches. Both are rare and their populations have been declining in
                                       recent years. They have been identified near Brave Boat Harbor and on
                                       Seapoint Beach.

                                     * Wading Bird Rookeries

                                       The wading bird rookeries on Appledore Island consist of great blue herons
                                       and other wading birds, such as snowy egrets, glossy ibis, black-crowned
                                       night herons, tri-colored herons, and little blue herons. The stately great
                                       blue heron is the largest and most well-known of Maine wading birds.




                                  -14-









                                             ï¿½ Seabird Nesting Area

                                               A large multi-specied heronry is located on Appledore Island. The northern
                                               end of the island, where the heronry is located, is heavily covered with a
                                               dense growth of shrubby trees of common winterberry, holly, black
                                               chokeberry, shadbush and chokecherry. It is one of six multi-specied
                                               heronries in Maine. The snowy egret and glossy ibis are relatively new
                                               breeding species in Maine and are at the northern extreme of their breeding
                                               range in Southern Maine. The black-crowned night heron has suffered a
                                               dramatic decline within the past forty years and now breeds on only eight of
                                               Maine's coastal islands. The Appledore Island heronry is included in the
                                               natural areas register because of its importance as a breeding site for three
                                               unusual species of waders in Maine.

                                             ï¿½ Seal Haul-Outs


                                               Seal haul-outs have been identified in Brave Boat Harbor, at Seapoint
                                               Beach, and near Horn Island.


                                        Tidal Environments


                                             ï¿½ Chauncey Creek

                                               Chauncey Creek is a medium to high-velocity tidal channel with mud flat
                                               conditions and a high salt marsh environment near Cutts Island.

                                             ï¿½ Gerrish Island Shoreline


                                               The shoreline consists of a variety of environments. In the subtidal
                                               environment there is the seaweed community, and the lower and upper
                                               shoreface. (Subtidal environments are those existing below lowest low
                                               water and subject to tidal current forces and wave-generated current forces.)
                                               The intertidal environment consists of seaweed-covered coarse flats and
                                               coarse-grained flats, gravel and mixed sand and gravel beaches, boulder
                                               ramps and ledge. Fresh-brackish water and marsh make up the supratidal
                                               environment. (Supratidal environments are those located just above the
                                               highest high water datum, but under the partial influence of marine
                                               processes and forces.)

                                             ï¿½ Brave Boat Harbor


                                               Brave Boat Harbor is a medium-velocity tidal channel with high and low
                                               salt marsh and mud flats. Washover flats and fresh-brackish marsh are
                                               along the edges.

                                        Recreational Resources


                                             ï¿½ Seapoint Beach

                                               See above (4.5 acres).


                                             ï¿½ Fort Foster


                                               See above (88.9 acres).












                                              a  Wood Island

                                                 1.25 acre unimproved town-owned island with former lifeboat station; used
                                                 for passive recreation.

                                              e  Rachel Carson National Wildlife Refuge

                                                 Passive recreation and wildlife management area.



                                          MOORINGS

                                          Existing Moorings

                                          There are approximately 394 existing moorings (not including the approximately 42
                                          allotted to Dion Yacht Yard) located throughout Kittery's harbor. Moorings are
                                          permitted throughout the Town based on availability criteria defined in the
                                          Harbor Ordinance (Appendix D). Mooring distribution, by location, is shown
                                          below(see Appendix G for plan of existing moorings):



                                                                    Table 1: 1989 Mooring Locations

                                          Location                                                 Number Percentage
                                          1-99                Pepperrell Cove (West)                   45       11%
                                          100-250             Pepperrell Cove (Northwest)              88       22%
                                          250-399             Pepperrell Cove (Southwest)              103      26%
                                          400-499             Spruce Creek                             30       8%
                                          00-599              Chauncey Creek                           26       7%
                                          600-699             Back Channel/Traip                       66       16%
                                          700-799             Badgers Island                           15       4%
                                          800-899             Main Channel                             16       4%
                                          900-999             Isle of Shoals                           6        2%
                                          1000-1042           Dion Yacht Yard                          NA       NA




                                          The Town also maintains a mooring waiting list. Applications, available from the
                                          Harbor Master and reviewed annually, are required for assignment to the mooring
                                          waiting list. The list is currently composed of 185 names. The number of moorings
                                          available each year for waiting list members is small and primarily due to
                                          attrition. Pepperrell Cove, which is the primary boat mooring area, is at capacity
                                          under current mooring management practices.

                                          In 1989, approximately 35 moorings were allocated to individuals on the waiting
                                          list. In the previous years of 1987 and 1988, this number was considerably less (5
                                          reported). The large increase in 1989 mooring allocations resulted from strict
                                          enforcement of the mooring regulations. Many mooring licenses were not renewed,
                                          thereby increasing allocation to those on the waiting list. Boat owners are required
                                          to renew their mooring permit applications (and the associated fee) annually to




                                          -16-









                                          ensure that the waiting list is kept up to date. Assun-dng an average of 5 mooring
                                          allocations per year, the current waiting period is in excess of 10 years.

                                          By comparison the Portsmouth Yacht Club has approximately 100 names on the
                                          waiting list with an estimated wait of 7 years. On the Portsmouth side of the
                                          harbor, comparisons include Harts Cove with 97 names on the waiting list and an
                                          estimated wait of eight years and Little Harbor with 281 names and an estimated
                                          wait of eleven years.

                                          The boats on the 1989 mooring and waiting lists have been classified by size for use
                                          in developing objectives for the provision of additional moorings:



                                                                    Table 2. 1989 Mooring List Boat Size


                                                            Boat Sizes                                  % of Total Vessels


                                                                 7'- 10'                                            2%
                                                                11'-15'                                            12%
                                                                16'-20'                                            21%
                                                                21'-25'                                            19%
                                                                26'-30'                                            21%
                                                                31'-35'                                            12%
                                                                36'-40'                                            10%
                                                                  40' +                                             3%




                                                                Table 3:11989 Mooring Waiting List Boat Size




                                                            Boat Sizes                                  % of Total Vessels


                                                                 4'- 10'                                            1 %
                                                                11'-15'                                             4%
                                                                16'-20'                                            16%
                                                                21'-25'                                            26%
                                                                26'-30'                                            36%
                                                                31'-35'                                             9%
                                                                36'-40'                                             8%




                                          The breakdown of vessel types for waiting list applicants is shown on the following
                                          table:











                                          -17-









                                                              Table 4: 1989 Mooring Waiting List Boat Type

                                                            T)= of Boat            Number of Boats          % of Total Vessels

                                                                 Sailboats                 124                      76%
                                                             Power Boats                    22                      13%
                                                            Lobster Boats                   4                       2%
                                                                        OB                  9                       6%
                                                                      Dory                  3                       2%
                                                                      Skiff                 1                       1 %
                                                                      N/A                   22


                                          A breakdown of resident/ non-resident boat owners for both the waiting list and
                                          1989 mooring list is shown below:



                                                          Table 5: 1989 Resident/Non-Resident Boat Ownership

                                                                            Mooring List                      Waiting List

                                                       Resident                    71%                           35%
                                                       Non-Resident                29%                           65%




                                          In order to provide a sense of predominant use and type of vessel for boating
                                          activities in the area, watercraft registrations for boats registered in Kittery were
                                          broken down by the type of vessel and stated use. It is important to note that boats
                                          may be registered in Kittery and owned by non-residents.

                                          Results of this review are shown on the following table:


                                                           Table 6: Watercraft Registration in Kittery As of 11/30/88

                                                             lype                                                   0% )

                                                             Open Hull                                              73
                                                             Cabin                                                   8
                                                             Sail                                                   11
                                                             Canoe                                                   5
                                                             H-Boat                                                  0
                                                             Other                                                   3


                                                             Use                                                    (0/"


                                                             Pleasure                                               87
                                                             Commercial Fishing                                     12
                                                             Commercial Passenger                                    0
                                                             Rent                                                    0
                                                             Dealer/ Manufacturer                                    0
                                                             Other                                                   1



                                          -18-








                                         Mooring Demand Projections

                                         Based on the 1989 figures of 394 moorings and a waiting list of 185, the following
                                         mooring demand projections were developed using three different methodologies. A
                                         more detailed discussion of the methodologies used can be found in Appendix F.

                                                               Table 7.- 1995 Mooring Demand Projections


                                                     Percent of                    Moorings by Size**
                                         Boat        Moored &
                                         Size (FT)   Waiting*       Method 1       Method 2       Method 3       Average

                                         7-10             2%            14             13             12             13
                                         11-15          10%             70             64             60             65
                                         16-20          20%            139            128            119            129
                                         21-25          20%            139            128            119            129
                                         26-30          25%            167            154            143            155
                                         31-35          11%             76             71             66             71
                                         36-40          10%             70             64             60             65
                                         40+              2%            14             13             12             13


                                         Total          100%           695            641            596            640



                                         Method 1 based on figures from National Marine Manufacturers (3.81% annual
                                         growth: 914 registered boats).

                                         Method 2 based on Maine Registration figures (2.43% annual growth: 844 registered
                                         boats).

                                         Method 3 based on Kittery population/registration figures G boat/15 people: 784
                                         registered boats).

                                         * Assumes % of boats in each category will be the same in 1995 as it was in 1989.
                                         Percent of boats in each category is based on mooring list and waiting list.

                                            Assumes mooring demand represents 76% of boats registered, based on the current
                                         ratio.


                                         Demand projections could not be made based on historic growth trends in mooring
                                         applications for the town of Kittery because of the lack of available information.

                                         Because of the high regional population growth rate in southern Maine and New
                                         Hampshire, mooring demand may in fact be somewhat higher in the future than
                                         indicated by these projections. These projections were prepared using techniques
                                         recommended in the Mooring Plan Handbook (Maine Department of Economic and
                                         Community Development Office of Comprehensive Planning, October 1989).









                                         -19-









                                         ORDINANCES

                                         The Town's Harbor is governed by the Kittery Harbor Port Authority, Rules and
                                         Regmlations Pertaining To The Harbor, Port and Channels Within The Town. These
                                         regulations apply to boats, boating and the use of waters within the Town. A copy
                                         of this ordinance is included in Appendix D. Included in the Appendix E are rules
                                         and regulations governing the Portsmouth side of the Harbor.

                                         The Town's mooring permit fees are shown below. Kittery receives approximately
                                         $68,000.00 in revenue (mooring fees and excise tax from boat registration) for the
                                         fiscal year. Appropriations are approximately $70,000.00. Fee comparisons are
                                         provided for a number of other Maine coastal communities and marinas.



                                                               Table 8: 1989 Mooring Fee Comparison


                                             0 Town of Kittery

                                                $5.00/ft. - Non-Resident ($100. Min.)
                                                $1.00/ft. - Resident ($20. Min.)


                                                  Plus State Excise Tax


                                             0  Town of Freeport

                                                No Fee - Riparian
                                                $20.00 - Resident
                                                $130.00 - Non-Resident /Commercial
                                                $60-00 - Marina/ Commercial


                                                  Plus $20.00 User Fee

                                             0  City of Portland

                                                $25.00 - Resident
                                                $50.00 - Non-Resident


                                             0  Town of Yarmouth


                                                $25.00 - Resident
                                                $ ? - Non-Resident


                                             a  Town of Biddeford


                                                $50.00 - Resident
                                                $250.00 - Non-Resident










                                         -20-









                                   0  New Hampshire

                                      $3.00/ft. - ($24.00 Min.)
                                      $5.00/ft. - (Commercially ]eased or rented moorings at marinas and yacht
                                      clubs)


                                   0  Handy Boat

                                      $1000.00 - $2000.00 Membership
                                      $50.00 - Non-Resident
                                      $10.00 - Resident
                                      Approximately $725.00 - Parking Facilities, etc.

                                   6  Yarmouth Boat Yard


                                      $500-00 - Per Season
                                      $50.00 - Non-Resident
                                      $10.00 - Resident

                                   a  Badger's Island Marina

                                      $89.00/ft. - Summer
                                      $29.00/ft. - Winter










































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 I                  GOALS AND OBJECTIVES
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                                       GOALS AND OBJECTIVES


                                       Discussions at both Advisory Committee and Public Meetings highlighted the fact
                                       that the residents of Kittery are proud and fond of the waterfront. The discussions
                                       indicated a strong sentiment that people wanted to maintain much of the existing
                                       character and development patterns along the waterfront. Concern for the
                                       environment was apparent, and the desire to increase public access to the
                                       waterfront was stressed. Residents were interested in protecting the waterfront
                                       from over development. Agreement on the need to preserve the fishing industry was
                                       also expressed. The following goals and objectives were developed as a result of
                                       these discussions.



                                       ENVIRONMENTAL GOALS


                                       GOAL 1: To preserve environmental resources

                                                  Objectives

                                                  a  Maintain or enhance natural/ critical areas by proper land and water
                                                     use

                                                  e  Encourage good management practices for protection of the wildlife
                                                     habitat


                                                  e  Encourage creative land development for conserving natural/ wildlife
                                                     habitat areas

                                                  9  Continue strict controls of resource protection areas

                                                  @  Ensure recreational areas co-exist with the environment


                                                  -  Preserve Seapoint Beach as existing

                                                  *  Preserve Appledore Island as existing

                                                  *  Promote education concerning environmentally sound use of the
                                                     waterfront



                                       COAL 2. To preserve/improve water quality

                                                  Objectives

                                                  e Improve shellfishing opportunities for both commercial and
                                                     recreational activity

                                                  9  Reduce or eliminate problems caused by inadequate sewage disposal

                                                  e  Reduce non-point sources of pollution




                                       -22-









                                   ï¿½ Encourage better management at boating, marinas and boatyards

                                   ï¿½ Encourage special water protection standards for new development

                                   ï¿½ Encourage better agricultural management practices

                                   ï¿½ Encourage methods of recycling and proper waste disposal

                                   ï¿½ Improve water quality in Spinney and spruce Creeks

                                   ï¿½ Improve non-commercial shellfishing in Spruce Creek

                                   ï¿½ Open Brave Boat Harbor to recreational clamming

                                   ï¿½ Create joint committee between towns to clean up the River


                           RECREATION GOALS


                           GOAL3:  To preserve and increase public access to the waterfront for non-boating
                                   recreational uses

                                   Objectives

                                   1D Examine potential for increased recreational development/use of
                                     existing recreation facilities

                                   ï¿½ Provide for development of public access as Part of private
                                     developments in appropriate locations

                                   ï¿½ Evaluate recreation/access potential of all existing Town-owned
                                     waterfront property including Wood Island, Isles of Shoals and
                                     Rogers Park

                                   ï¿½ Assess alternatives for increasing parking at public recreation areas

                                   ï¿½ Provide some measure of priority access for local residents and/or tax
                                     payers to recreational facilities

                                   ï¿½ Preserve Fort Foster and Seapoint Beach as non-boating areas

                                   ï¿½ Evaluate the present use of Fort Foster in terms of fees, hours and
                                     season


                                   ï¿½ Promote the continued use and care of Fort McClary State Park













                           -23-









                                  RECREATIONAL BOATING GOALS

                                  GOAL 4: To increase and improve facilities for recreational boating

                                            Objectives

                                            ï¿½ Develop a mooring plan which makes the most efficient use of
                                             available mooring area

                                            ï¿½Provide additional boat launching facilities which could be used at
                                             all tides


                                            ï¿½Provide adequate parking at existing launching /access facilities

                                            ï¿½Evaluate use of user fees to fund improvements to existing facilities
                                             and/or creation of new facilities

                                            eImprove Kittery Wharf for recreational boating

                                            ï¿½Promote public knowledge of available mooring areas


                                  GOAL 5.   To ensure safety of boaters and other waterfront users and compatibility
                                            of boating with other recreational activities

                                            Objectives

                                            * Maintain navigable channel

                                            0 Regulate/ enforce boat traffic with regard to type, speed, wake

                                            e Regulate anchorage near public beaches


                                  COMMERCIAL FISHING GOALS

                                  GOAL 6. To encourage and promote commercial fishing activ ity

                                            Objectives

                                            9Provide basic facilities (fresh water, hoists, storage, parking, etc.)
                                             for commercial fishermen


                                            *Preserve space for commercial uses at town owned wharves

                                            eEncourage retention of privately-owned fishing-related dock as such
                                             through tax incentives, purchase of development rights, etc.

                                            aContinue to provide and maintain ingress and egress points to the
                                             water for local fishermen.

                                            * Continue to provide preferential docking and moorings for commercial
                                             fishing boats



                                  -24-










                                         ï¿½ Encourage year round waterfront facilities usage

                                         ï¿½ Encourage easier and more efficient usage of waterfront facilities

                                         ï¿½ Provide facilities for winter fishing

                                         ï¿½ Improve Kittery Wharf for commercial fishing use


                                LAND USE AND DEVELOPMENT GOALS


                                GOAL 7: To encourage the continuation of Kittery Harbor as an active working
                                         waterfront in the downtown area


                                         Objectives

                                         e Provide for the development of water dependent/water enhanced
                                           uses at appropriate locations

                                         0 Encourage retention of fishing-related uses along the waterfront

                                           Recommendations


                                         e Zoning: water-dependent, water-related uses


                                GOAL 8:  To ensure that development of waterfront land is consistent with the
                                         goals of preserving natural/critical areas, improving public access to the
                                         waterfront, preserving views to the waterfront and preserving/
                                         increasing water dependentlenhanced uses

                                         Objectives

                                         ï¿½ Create zoning regulations which protect shoreline

                                         ï¿½ Protect views to waterfront


                                         ï¿½ Provide for development of public access as part of private
                                           developments in appropriate locations

                                         ï¿½ Control development of any dock, slip, or marina through zoning to
                                           ensure that additional mooring space is consistent with waterfront
                                           goals including maintenance of scenic character

                                         ï¿½ Restrict building along shorelines in non-sewered areas

                                         ï¿½ Strengthen and enforce existing code for setbacks, overboard
                                           discharge, underground storage tanks, etc. for new and existing
                                           development

                                         ï¿½ Protect existing shoreline through restriction and regulation of clear
                                           cutting and building site locations



                                -25-










                                       GOAL9: To increase funding capacity for waterfront projects

                                                 Objectives

                                                 e Encourage dedicated funding for water-related improvements

                                                 * Provide incentives for private investment in public improvements

                                                 * Assess the feasibility of charging ships for passage through Kittery
                                                    waters






































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 1,               RECOMMENDAT.IONS
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                                          RECOMMENDATIONS


                                          The following recommendations were developed to provide the means for achieving
                                          the goals and objectives detailed in the previous section. These recommendations
                                          were discussed in depth with both the Advisory Committee and at a Public Meeting
                                          to ensure that they were both implementable and the most appropriate means for
                                          accomplishing specific goals. Although most of the recommended actions can stand
                                          alone, effecting positive results if implementation of other recommendations is
                                          stalled, they are all designed to be complementary and will be most effective when
                                          implemented in their entirety. Those recommendations which are reliant on
                                          implementation of others are noted.

                                          Following the discussion of each of the recommended actions is a detailed
                                          discussion of shoreland zoning recommendations, a Capital Improvements Plan and
                                          two implementation schedules, one organized by goal, and one organized by
                                          responsible party. These tables will provide a means for tracking implementation.
                                          The success of this plan will lie in the ability of the various responsible parties to
                                          cooperate in ensuring that the recommended actions are taken in a timely manner.


                                          GOAL 1: TO PRESERVE ENVIRONMENTAL RESOURCES



                                          1.1    Encourage protection in the area surrounding the Bitternut Hickory and Wild
                                                 Coffee.

                                                 Protective measures for these rare plant species may include education of
                                                 property owners and informational signing.

                                                 Resl2onsibIe E@jr@: Conservation Commission

                                                 Date of Coml2letion: 12/90

                                          1.2    Delineate the Resource Protection Zone as shown on the attached map to
                                                 provide maximum protection for critical resources.

                                                 (For ordinances regarding land uses and development standards, see Zoning
                                                 Recommendations.)

                                                 The purpose of the zone is to clearly establish areas in which the protection
                                                 of critical and natural resources is a priority. The resources to be protected are
                                                 the following:

                                                   Salt marshes at Seapoint Beach and Brave Boat Harbor.

                                                   The values of salt marshes are the following:

                                                      Salt marshes and associated waters are spawning and nursery grounds for
                                                      over two-thirds of our commercial and recreational marine fishes.








                                          -27-









                                             ï¿½  Salt marshes are highly productive, producing up to ten tons of organic
                                                matter per acre per year, and are a major contributor fueling estuarine
                                                food webs.

                                             ï¿½  Salt marshes act as a barrier against storms significantly reducing
                                                shoreline erosion by absorbing floor waters and attenuating wave action.

                                             ï¿½  Salt marshes improve water quality by removing suspended solids,
                                                excessive nutrients and pollutants from overlying waters.

                                             ï¿½  Salt marshes are utilized by many waterfowl and shorebirds for feeding,
                                                resting and nesting.

                                             ï¿½  Salt marshes have high scenic value and provide many recreational
                                                opportunities.

                                           - Fossil Tree Stumps at the intertidal area near Pepperrell Cove.

                                           - Volcanic Structures/Natural Outcrops /Explosion Breccia along the
                                             shoreline of Gerrish Island.


                                           - Marine Invertebrate Area at Seapoint Beach.

                                           - Seabird Nesting Area at Appledore Island.

                                           - Spawning Oysters at Spinney Creek.

                                           Critical /Natural areas are a highly significant part of our natural heritage.
                                           They provide important opportunities for general natural history education,
                                           serving as museums and classrooms for student groups, conservation
                                           organizations, outdoor clubs, and individuals. Areas with particularly good
                                           specimens of plant or animal species, or with populations of unusual species,
                                           provide "Breeding Stock", thus helping to maintain diversity and stability
                                           in the natural system. The State Policy states, "Protect and manage critical
                                           habitat and natural areas of state and national significance and maintain the
                                           scenic beauty and character of the coast, even in areas where development
                                           occurs".


                                           Responsible Egrty: Planning Board

                                           Date of Completion: 12/91

                                     1.3   Update and strengthen the ordinances regarding use of land within the
                                           Resource Protection Zone to comply with new state guidelines.

                                           Compliance with these state guidelines by the end of 1991 is mandatory. (See
                                           Zoning Recommendations)
                                           ResRgnsible Party: Planning Board                                                J/
                                           Date of Completion: 12/91 .                                                      I
                                     1.4   Establish adequate resource management guidelines for Smuttynose, Malaga,
                                           Cedar, Squash and Duck Islands.



                                     -28-









                                              These recommended guidelines, established to encourage appropriate use of
                                              environmentally sensitive resources, include:

                                              - From April 1 to August 15, human use of the islands should be discouraged.
                                                Activities around the islands should be conducted far enough off shore to
                                                prevent flushing birds from nests (approx. 1/4 mile).

                                              - Lin-tited construction should only occur after review and approval by a
                                                Maine Department of Inland Fisheries and Wildlife (MDIFW) wildlife
                                                biologist.

                                              - In general, low intensity recreational use, such as picnicking and hiking, can
                                                be permitted outside the nesting season.

                                              - Building of fires should be prohibited at all times.

                                              - Minimize the potential for involvement with major oil spills. Siting of
                                                major marinas and oil tanker shipping lanes should avoid important seal
                                                haul-out areas.


                                              - Develop a brochure which provides an explanation of current rules and
                                                ordinances for island usage as well as "tips" for minimizing human impact
                                                on the natural resources. This brochure should be available for distribution
                                                through both Town and Port Authority officials.

                                              The islands provide nesting areas for colonial marine birds and also feeding
                                              and resting areas for migratory shorebirds. The most important factors
                                              governing the continued presence of coastal nesting are the availability and
                                              abundance of undisturbed nesting habitat and undisturbed, uncontaminated
                                              feeding areas. Human disturbance of a nesting colony can cause 1)
                                              abandonment of the entire colony; 2) mortality of eggs and young from
                                              predation (gulls, ravens, eagles) and exposure; and 3) starvation and
                                              predation of young that leave the nest before they are able to fly (adults will
                                              not feed young on the ground).

                                              Seals use the islands for resting and whelping which is necessary for the
                                              survival of both adults and young. These specific sites are important because
                                              of their proximity to high quality feeding areas, combined with a lack of
                                              human disturbance. Human disturbance and contamination from oil spills are
                                              the primary threats to seals at haul-outs. Curious boaters approaching too
                                              close to haul-out seals, or actually landing on the islands and ledges, will
                                              force seals to flee into the water. Young pups can easily become permanently
                                              separated from their mothers, resulting in death by starvation. Curious pups
                                              are also slow to avoid boats, and are therefore vulnerable to injuries from boat
                                              propellers.

                                              The hazards to marine mammals from oil spills are well documented.
                                              Ingestion of petroleum products and oiling of fur can cause death.

                                              Responsible Eirty: Conservation Commission/ Harbor Master

                                              Date of Coml2letion: 6/91




                                        -29-









                                      1.5   Encourage environmentally sensitive use of Goosebeffy@ Fishin& Wood,
                                            Whaleback, White and Horn Islands

                                            These islands are less sensitive than those listed above in 1.4, but should be
                                            mentioned in educational brochures.


                                            Responsible Par!y: Conservation Commission/ Harbor Master

                                            Date of Completion: 6/91

                                      1.6   Establish resource management guidelines to preserve Seapoint Beach.

                                            These guidelines should include commentary on the following:

                                              Discouraging human activity greater than existing levels July through
                                              September (peak migratory season).

                                              Encouraging educational programs for residents with brochures, newspaper.
                                              articles, public meetings, etc. explaining the problems and significance of
                                              the area.

                                              Protecting shore birds by alerting users to the presence of nesting birds in the
                                              saltmarsh and migratory birds on the beach.

                                              Supporting the maintenance of existing parking space availability and
                                              encouraging enforcement of current parking restrictions.

                                            Additional protection at Seapoint Beach is warranted based on the diversity
                                            of resources present: 1) Shorebird Roost Sites; 2) Salt Marsh; 3) Seal haul-
                                            out, 4) Sea Clams; and 5) Deer Wintering areas. The importance of each of
                                            the resources is discussed in detail in Recommendation 1.2.


                                            Responsible Parjy: Conservation Commission

                                            Date of Completion: 12/90

                                      1.7   Revise Seapoint Beach rules to prohibit dogs on the beach between 9 AM and
                                            5 PM from July through August. Dogs will be prohibited from the salt3narsh
                                            at all times.


                                            Limiting the times when dogs are allowed on the beach will minimize
                                            conflicts with other users.


                                            Responsible Par!y Conservation Comn-dssion/Town Council

                                            Date of Completion: 12/90

                                      1.8   Establish and maintain regular contact with Star Island Corporation,
                                            notifying them of changes in zoning, environmental issues, etc.

                                            This contact will help to ensure that Appledore Island continues to be used in
                                            an environmentally sound manner, consistent with the Town's concern for the
                                            Island. The Shoals Marine Lab on Appledore Island, run by Cornell
                                            University and the University of New Hampshire, is a source of significant


                                      -30-








                                                  expertise on the island environment; this expertise should be utilized as
                                                  appropriate.

                                                  RespQnsible Fkjy: Town Manager

                                                  Date of Completion: 12/90

                                           1.9    Establish s tringent enforcement policies for the following activities:

                                                  - Overboard discharge from boats and waste dumping

                                                  - Illegal parking at recreational areas

                                                  - Other waterfront ordinances

                                                  Responsible EaE13r. Police Department/ Harbor Master

                                                  Date of Coml2letion: 6/90

                                           1.10   Manage public improvement projects to protect natural/critical areas.

                                                  Guidelines should include the following:

                                                  - Direct water, sewer, and road improvements away from natural /critical
                                                    areas.


                                                  - Inform all parties involved with public improvements about the effects of
                                                    road salt, run-off, chemical spraying, and other similar activities.

                                                  - Inspect construction related projects regularly.

                                                  Respgnsible Eir1y: Town Manager

                                                  Date of Completion: 12/90

                                           1.11   Embark on an education program to show builders, developers and shoreland
                                                  residents how they can act to reduce phosphorous build-up.

                                                  Phosphorous comes from lawn fertilizers, manure, septic systems, parking
                                                  areas, spilled gasoline and household cleaners and detergents.

                                                  Responsible Par1y: Conservation Commission

                                                  Date of Completion: 6/91

                                           1.12   Maintain Gooseberry, Fishing, Wood, Whaleback, White, Horn, Smuttynose,
                                                  Malaga, Cedar, Squash and Duck Islands as Resource Protection Zones. (See
                                                  Draft Zoning)

                                                  Responsible Par1y: Planning Board

                                                  Date of Completion: 12/91





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                                      COAL I TO PRESERVEIINIPROVE WATER QUALITY

                                      2.1   Strengthen controls on agricultural management practices within the
                                            Shoreland Zone, consistent with the state guidelines.

                                            Compliance with the state guidelines by the end of 1991 is mandatory. (See
                                            Draft Zoning).

                                            Respgnsible Parjy: Planning Board

                                            Date of Completion: 12/91

                                      2.2   Continue to work with State to strengthen water quality/pollution
                                            ordinances.


                                            Respgnsible Par!y: Town Manager

                                            Date of Completion: ongoing

                                      2.3   Create a joint Harbor Commission (or establish a method for regular, periodic
                                            meetings) with surrounding towns (Eliot Portsmouth, York, Newcastle,
                                            Newington, and a representative of the Portsmouth Naval Shipyard) to
                                            discuss regional approaches to issues regarding shoreland planning,
                                            management and enforcement, including land use, water pollution, traffic, and
                                            tourism.


                                            Because a significant portion of the shoreline is shared with neighboring
                                            communities, and use of the shoreline in one community may affect the
                                            environment in the next community, Town officials should ensure that
                                            surrounding areas of jurisdiction work cooperatively. The Maine legislature
                                            is attempting to organize such an entity. Should the legislature's effort be
                                            successful, there will be no need for the Town to organize a similar
                                            Commission.


                                            Responsible Party: Town Planner

                                            Date of Completion: 6/91

                                      2.4   Encourage provision of pumpout facilities for boats at all large municipal and
                                            commercial boating facilities (marinas).

                                            Provision of pumpout facilities at commercial marinas is required by the
                                            state.


                                            ResRgnsible Party: Port Authority/ Planning Board

                                            Date of Completion: 7/90

                                      2.5   Eliminate or reduce non-point sources of pollution by.

                                               Requiring the following data during subdivision and/or site plan review:

                                            -'Erosion and Sedimentation Plans





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                                               - Stormwater Management Plans (ponds, drainage swales, french drain, etc.)

                                               - Topographic maps

                                               - Critical area identification


                                               -Parking lot treatment and runoff

                                               -Oil and gas separators, where appropriate

                                               -Catch Basin infiltrations


                                               -Buffer areas


                                               -High intensity soil evaluation/ Septic Design Criteria

                                               -Construction limitations


                                               -Groundwater Assessments


                                               -Wildlife Corridor Enhancement/ Protection

                                                 Encouraging the following good Agricultural Management Practices,
                                                 consistent with the State guidelines:

                                                Discourage or reduce the use of pesticides and fertilizers (advise on what
                                                types of crops require fewer nutrients).

                                                Time activities not to coincide with peak seasonal runoff

                                                Work with contours to minimize or allow for maximum dissolution before
                                                entering streams.

                                                 Enacting the following ordinance provisions to limit non-point sources of
                                                 pollution:

                                                Require that all fill and bare soils be seeded and stabilized promptly.

                                                Establish pre-treatment standards for activities that use chemicals in
                                                production.

                                                Regulate the number of roads, driveways, and camp roads constructed near
                                                (within 250 ft. of) water bodies. Require shared access points, limited
                                                pavement widths, and appropriate drainage characteristics.

                                                Incorporate adequate ditching, storm water retention and culvert sizing
                                                provisions in site review ordinances.

                                               Responsible Earty: Planning Board /Conservation Commission

                                               Date of Completion: 12/91

                                        2.6    Establish a shellfish conservation ordinance.




                                        -33-









                                              Creation and enforcement of an effective shellfish ordinance will help to
                                              maintain a healthy shellfish population. (A copy of the Scarborough
                                              ordinance is included in the Appendix H.)

                                              ResImnsible Part : C  lam Warden

                                              Date of Completion: 6/91

                                       2.7    Reduce litter pollution through provision of abundant waste receptacles at
                                              beaches, marinas and wharfs.

                                              State law mandates provision of waste facilities at marinas and public
                                              wharfs. (Waste receptacles at Seapoint Beach should have small openings
                                              to discourage dumping of household trash). Waste reception facilities should
                                              be upgraded to handle increased plastic and general waste.

                                              Responsible Party: Fort Authority/Public Works

                                              Date of Completi on: 12/90

                                       2.8    Develop a program to encourage education on and compliance with state
                                              water quality laws by:

                                              - Encouraging dye tests of local septic systems within the Shoreland Zone.

                                              - Assisting in state enforcement by reporting violators.

                                              - Establishing an educational program for homeowners.

                                              Responsible Parjy- Conservation Commission

                                              Date of Completion: 12/91

                                       2.9    Enforce prohibition of overboard discharge of sewage from landside
                                              facilities, and provide the necessary resources to enable implementation.

                                              Responsible Par!y  Code Enforcement Officer/Town Council

                                              Date of Completion: 12/90

                                       2.10   Revise current snow removal practices to include:

                                              - Prohibition of dumping of snow from Kittery's Town dock.

                                              - Prohibition of dumping of snow within 250 feet of water bodies or within
                                                any Resource Protection Zone, consistent with State guidelines.

                                              - Designation of snow storage areas during site review process, with minimum
                                                20 foot buffer to property lines.

                                              Proper snow removal practices will help to reduce pollution of water resources
                                              with road salt and petroleum product residues.

                                              Responsible Party: Public Works/Planning Board


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                                                  Date of Coml2letion: 12/90

                                           2.11   Expand the duties of the Harbor Master to include marine resource duties.

                                                  The responsibilities would include Code Enforcement duties related to
                                                  waterfront activities in addition to Harbor Master duties. Inclusion of these
                                                  duties will provide help in enforcing state laws regarding responsible use of
                                                  the waterfront. This expansion of duties is consistent with state policy; the
                                                  state is providing for education of Harbor Masters regarding marine resource
                                                  duties.


                                                  ResRgnsible Parjy: Port Authority/Harbor Master

                                                  Date of Completion: 6/90

                                           2.12   Examine the possibility of a cooperative arrangement in which University of
                                                  New Hampshire and Cornell University personnel on Appledore Island
                                                  would report any violations of waterfront-related ordinances and/or
                                                  guidelines to the Harbor Master.

                                                  This arrangement would help the Harbor Master in carrying out his/her
                                                  duties and would encourage cooperation between waterfront users.

                                                  ResRgnsible Party: Port Authority/ Harbor Master

                                                  Date of Completion: 12/90


                                           COAL 3: TO PRESERVE AND INCREASE PUBLIC ACCESS TO THE
                                           WATERFRONT FOR NON-BOATING RECREATIONAL USES


                                           3.1    Eliminate fees for residents at Fort Foster to encourage use of Fort Foster and
                                                  eliminate financial incentive for use of Seapoint Beach over Fort Foster, using
                                                  dump-stickers or passes for proof of residency. Increase fees for non-residents.

                                                  Resident fees in 1989 accounted for approximately $12,000, or 27% of the total
                                                  operating budget for the facility.

                                                  ResImnsible Earty: Town Council

                                                  Date of Completion: 12/90

                                           3.2    Encourage improvements     at appropriate existing undeveloped Town-owned
                                                  waterfront parcels to encouragelallow public use of waterfront (see list
                                                  below). Partial funding for these improvements could come from user fees and
                                                  grants (see 9.2).

                                                  A.   Improvements which would require minimal investment and could be
                                                       accomplished in the very near term:

                                                       Parcel 15.91 on Rogers Road behind the Frisbee School has nice
                                                       waterfront views along Spruce Creek. Minor improvements for passive
                                                       use, as described in Conservation Commission plans) should be made to


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                                                  this large (39 acres including school) parcel. The school access road and
                                                  parking lot could be used as the peak use periods would not overlap.

                                             B    Improvements which will require significant investment and/or
                                                  additional time for planning, design, and construction:

                                                  Parcel 24.35 at Eagle Point should be improved for use as a waterfront
                                                  recreation area with picnic and passive recreation areas (and possible
                                                  small craft boating facility). This 20 acre site has beautiful views of
                                                  Spruce Creek, adequate access, and room for development of parking and
                                                  recreational areas. The site can also conveniently be used in conjunction
                                                  with the adjacent community center. During the interim, vehicles
                                                  should be prohibited from the site.

                                                  Parcel 1.57 on Rice Avenue should be developed for public boat access
                                                  This would include a pier structure, sufficient parking, and lighting.
                                                  Mud flats at low tide extend 20 to 30 feet from the shore and water
                                                  depths vary from 17 feet to 0.5 feet between the Rice Avenue site and
                                                  Badger's Island. Access to and from the site to open water would be made
                                                  via the main channel of the river (south of Badger's Island) passing
                                                  beneath Memorial Bridge (clearance 19 feet at MLW). The site would
                                                  provide reasonably-protected moorings but would likely require some
                                                  dredging. Tanker traffic is considerable in this area and even with the
                                                  expansion of the turning basin some conflict should be expected. The pier
                                                  structure length would probably have to be in the range of 100-150 feet
                                                  from which platforms, ramps and floats could be extended. A detailed
                                                  engineering study would be required to adequately assess both
                                                  environmental impacts and order of magnitude costs. The neighborhood
                                                  adjacent to the Rice Avenue property is primarily residential with
                                                  relatively low traffic volumes; there will be some impact from increased
                                                  traffic volumes.


                                                  Wood Island: The island should be improved to encourage occasional use
                                                  by boaters. A study should be undertaken to develop a master plan for
                                                  the island, including re-use options for the buildings, increased public
                                                  access, and maintenance requirements.

                                             C.   Improvements which require acquisition of additional property, and/or
                                                  negotiations with other agencies, and will therefore take additional
                                                  planning and implementation time:

                                                  Parcels 2.43A on Gray Lodge and 64A on S12inney Lane: Because of the
                                                  lack of parking in the area, and the difficult access (through.narrow
                                                  residential streets), development of these parcels should be contingent on
                                                  negotiating an agreement with the state for an easement on the land
                                                  under 1-95 which connects the two parcels. Developing all of this land
                                                  as one facility (with the potential acquisition of adjacent parcel 2.65 if
                                                  it becomes available) would allow for the creation of parking and a
                                                  picnic/passive recreation area.

                                             The remaining Town-owned parcels are of such limited size, with little or no
                                             access or parking, that development for any use is not possible.

                                             Responsible Par : Conservation Commission/Port Authority


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                                             Date of Coml2letion: 12/95 (on-going)

                                       3.3   Encourage acquisition of prime waterfront parcels by the Town, as they
                                             become available.

                                             Parcel 4.56-2 (behind Portland Glass) would provide much-needed public
                                             access to the waterfront in the Downtown area and Parcel 2.65 (see above)
                                             would facilitate the recreational development of the land adjacent to 1-95
                                             (see Recommendation 3.2 above). Acquisition of the Isles of Shoals would
                                             ensure their continued protection. Other waterfront parcels should be
                                             evaluated as they become available. For possible funding sources see
                                             Recommendation 9.2.

                                             ResImnsible Eir1y: Town Manager

                                             Date of Completion: on-going

                                       3.4   Maintain contact with the State Department of Recreation to ensure
                                             continued operation and maintenance of Fort McClary as a State Park.

                                             ResWnsible Par1y: Town Manager

                                             Date of Completion: on-going

                                       3.5   Continue to maintain Fort Foster and Seapoint Beach as primarily non-
                                             boating recreation areas and educate the pubic regarding appropriate use of
                                             this resource.


                                             Continued use for small non-motorized, non-trailored craft such as canoes and
                                             rowboats, which can be manually carried to the water's edge should be
                                             allowed in designated areas. Continue to allow windsurfing in the
                                             designated area at Fort Foster and designate a windsurfing area at Seapoint
                                             Beach. This will minimize conflicts between boaters and other waterfront

                                             users.


                                             A display case with'an appropriately labeled plan of the areas and
                                             interpretive information would help to educate the public on both the value
                                             and appropriate use of the resources.

                                             Responsible Party: Conservation Commission

                                             Date of Completion: on-going

                                       3.6   Designate a swimming area at Seapoint Beach and Fort Foster to minimize
                                             conflicts between swimmers and boaters.


                                             A U.S. Coast Guard permit will be required for the designated swimming
                                             area.


                                             Responsible Party: Harbor Master/Town Manager

                                             Date of Completion: 6/91




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                                     3.7   Increase public access to the waterfront through encouraging the inclusion of
                                           public access provisions as part of site plan approval for projects in
                                           appropriate locations. (see Zoning Recommendations)

                                           Resl2onsible Party: Planning Board

                                           Date of Completion: 12/91

                                     3.8   Expand the responsibilities of the Kittery Conservation Commission to
                                           include responsibility for participating in policy decisions regarding
                                           acquisition, development and maintenance of waterfront recreation property.

                                           ResRgnsible Par!y Town Council

                                           Date of Completion: 12/90

                                     3.9   Encourage the Kittery Land Trust and other conservation groups to acquire and
                                           manage open space in the Town.

                                           These groups could use public and private funding to acquire key parcels of
                                           open space in the community. In addition, these groups could accept donations
                                           of land easements and work with landowners on planning for the future of
                                           their holdings. A priority of these groups should be obtaining parcels or
                                           easements which provide for access to the shore.

                                           ResImnsible Par!y: Conservation Commission

                                           Date of Completion: ongoing

                                     3.10 Develop an ordinance to prohibit the use of jet skis throughout the Town of
                                           Kittery.

                                           Responsible Party: Town Manager

                                           Date of Completion: 6/91


                                     GOAL 4: TO INCREASE AND MIPROVE FACILITIES FOR RECREATIONAL
                                     BOATING


                                     4.1   Adopt and maintain the new mooring plan which maximizes available
                                           mooring areas.

                                           A new mooring plan was developed as part of this Comprehensive Harbor
                                           Planning process (see Mooring Plan in Appendix)

                                           Resl2onsible Party: Port Authority

                                           Date of Completion: 12/90

                                     4.2   Develop and distribute a large scale map showing the locations of mooring
                                           areas, boat launch areas, passive recreational areas and marinas/public
                                           wharf areas.




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                                            This map would encourage use of all facilities and help to educate the public
                                            on waterfront access opportunities.

                                            Responsible Party: Port Authority

                                            Date of Completion: 6/91

                                      4.3   Continue to allow use of small non-motorized boats at Eagle Point (see 3.2).

                                            Responsible Party- No action required.

                                            Date of Completion: on-going.

                                      4A    Display and enforce rules and ordinances regarding boating safety.

                                            Copies of Rules and Regulations should be handed out with boating licenses.
                                            As the scope of responsibilities is expanded, the Harbor Master staff should
                                            be increased as required to allow for enforcement of these rules and
                                            regulations.

                                            Responsible Par!y: Town Manager

                                            Date of Completion: 12/90

                                      4.5   Aggressively pursue state and local funding opportunities (see 9.2).

                                            Use of state funding programs would allow the Town to make waterfront
                                            improvements not currently affordable.

                                            Responsible Earty: Town Planner/Town Manager

                                            Date of Completion: ongoing

                                      4.6   Revise current mooring fees upward to more closely reflect regional fees,
                                            contingent upon fees being earmarked for waterfront activities (see 4.8).

                                            Raising mooring fees would provide additional funding for waterfront
                                            improvements. (Persons with riparian rights will be entitled to one free
                                            mooring space.)

                                            Responsible Party: Port Authority

                                            Date of Completion: 12/90

                                      4.7   Establish harbor maintenance and management as a line item in the Town
                                            budget.

                                            Mooring fees, boat taxes, fines, etc. should be used to improve and maintain
                                            harbor-related infrastructure.

                                            Resl2onsible Pargy: Town Manager/Town Council

                                            Date of Completion: 12/90




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                                         @4.8  Improve Kittery Point Wharf (Pepperrell Cove) for recreational boating.

                                               Recommended improvements include:

                                               - Provision of recreational boating supplies close to area.

                                               - Work with adjacent yacht club to expand water taxi service to Kittery
                                                 Point Wharf


                                               - Provisionof pump-outstation

                                               - Increase in frequency of trash barrel emptying

                                               - Provision of public restrooms

                                               Use of parking at the Mitchell School should be encouraged. Vehicular
                                               access to this parking lot should be via Route 103 (Pepperrell Road) to Haley
                                               Road. Pedestrian access from the parking lot to the Wharf can be via Sc
                                               Lane to Route 103 (approximately .25 miles). There is an existing sidewalk on
                                               the north side of Route 103 in this location.

                                               Responsible Party: Port Authority

                                               Date of Completion: 6/93

                                         4.9   Maintain current use of Town Wharf.


                                               Building and property limitations presently restrict expansion of use for the
                                               Downtown Wharf.


                                               Responsible Party: Port Authority

                                               Date of Completion: ongoing

                                         4.10 Improve boat launch at Traip Academy to include adequate lighting, access,
                                               and formal parking and turnaround areas.

                                               Improvements at the boat ramp should be coordinated with on-going
                                               improvements at the school, if possible.

                                               Responsible Party: Port Authority

                                               Date of Completion: 12/90

                                         4.11  Set aside monies for replacement of floats at Pepperrell Cove.

                                               The existing docks and floats at Pepperrell Cove are beginning to come of age
                                               and require both significant maintenance and in some instances replacernE
                                               The Town should begin to set aside monies for replacement of floats. (The
                                               Town has included these repairs on the State's list of Port and Harbor
                                               Planning Improvements; they will undergo additional scrutiny by State
                                               officials in the Port and Harbor Needs Assessment Study.)

                                               Respgnsible Par!y: Town Council


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                                               Date of Completion: ongoing

                                         4.12  Develop and implement new mooring allocation policy which does not give
                                               priority to Kittery residents.

                                               New State and Federal policies will mandate that mooring allocations shall
                                               not discriminate against non-residents. Policies to be examined include those
                                               which favor specific user groups (i.e., fishermen over pleasure boaters) or a
                                               first come-first served system.

                                               Respgnsible Party: Port Authority/ Harbor Master

                                               Date of Completion: ongoing


                                         GOAL 5: TO ENSURE SAFETY OF BOATERS AND OTHER WATERFRONT
                                         USERS AND COMPATIBILITY OF BOATING WITH OTHER RECREATIONAL
                                         ACTIVITIES


                                         5.1   Display and enforce rules and ordinances (see 4.4).

                                               Responsible Party: Port Authority

                                               Date of Completion: 12/90

                                         5.2   Develop and enforce ordinances prohibiting anchorage of boats within
                                               designated swimming areas at Seapoint Beach and Fort Foster (see 3-6).

                                               Anchorage of boats near public beaches is dangerous to swimmers.

                                               Responsible Party: Port Authority

                                               Date of Completion: 12/90

                                         5.3   Enforce existing speed limits for boats in creeks.

                                               Responsible Party: Harbor Master

                                               Date of Completion: on-going


                                         GOAL 6: TO ENCOURAGE AND PROMOTE COMMERCIAL FISHING ACTIVITY

                                         6.1   Develop zoning to encourage water-dependent uses (see Zoning
                                               Recommendations).

                                               Responsible Party: Planning Board

                                               Date of Completion: 12/91
                                         6.2   Develop plan and schedule for improvements'to Kittery Point Wharf
                                               (Pepperrell Cove) for commercial fishing.




                                         -41-









                                          Improvements shall include:

                                          - A hoist


                                          - An area for regular maintenance. Generally 10 feet by 25 feet is a
                                            sufficiently large area for maintenance.

                                          - A storage area (storage lockers)

                                          - An expanded dinghy storage space area

                                          - Restrooms


                                          - Pump-out   facility

                                          - Parking areas. (This might include provision not only for vehicles but also
                                            for trailers.) The number of reserved parking spaces should be based on crew
                                            size and type of fishing.

                                          - Study for a permanent dock arrangement to facilitate winter commercial
                                            fishing should be considered. Presently the existing docks are removed in
                                            the winter which necessitates use of a ladder during the winter months.

                                          Note: Items such as marine rails, marine retail supplies, etc. were not
                                          considered to be reasonably implementable at this location.

                                          Responsible Party: Po rt Authority

                                          Date of Completion: 6/91


                                     GOAL 7: TO ENCOURAGE THE CONTINUATION OF K=RY HARBOR AS
                                     AN ACTIVE WORKING WATERFRONT IN THE DOWNTOWN AREA

                                     7.1  Create zoning ordinance which encourages water dependent use of land in
                                          commercial areas (see Zoning Recommendations).

                                          Resl2onsible Party: Planning Board.

                                          Date of Completion: 12/91

                                     7.2  Designate the Portsmouth Naval Shipyard as an Industrial/ Maritime
                                          Activities District in the event that the Shipyard is abandoned by the
                                          Navy.

                                          This designation is consistent with existing uses and facilities.

                                          Responsible Earty: Planning Board.

                                          Date of Comple tion: 12/91

                                     7.3  Preserve the possibility of developing water-oriented transportation by
                                          ensuring that new development does not reduce the available berthing space




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                                             for co    ercial vessels (including ferries and charters) (see Zoning
                                             Recornmendations).

                                             Responsible Party: Planning Board.

                                             Date of Completion: 12/91


                                        GOAL 8: TO ENSURE THAT DEVELOPMENT OF WATERFRONT LAND IS
                                        CONSISTENT WITH THE GOALS OF PRESERVING NATURAUCRITICAL
                                        AREAS, IMPROVING PUBLIC ACCESS TO THE WATERFRONT, PRESERVING
                                        VIEWS TO THE WATERFRONT AND PRESERVING/ INCREASING WATER
                                        DEPENDENT/ ENHANCED USES.


                                        8.1  Develop zoning language which encourages protection of important views to
                                             the waterfront as identified by Conservation Commission (see Zoning
                                             Recommendations).

                                             Respgnsible Egg
                                                              ,y: Planning Board.

                                             Date of Completion: 12/91

                                        8.2  Develop zoning ordinance which provides for development of public access as
                                             part of private developments in appropriate locations (see Zoning
                                             Recommendations).

                                             Resl2onsible Party: Planning Board.

                                             Date of Completion: 12/91

                                        8.3  Develop design guidelines for docks, slips and marinas which ensure that
                                             additional mooring space is consistent with waterfront goals including
                                             maintenance of scenic character.

                                             Resl2onsible Party: Port Authority.

                                             Date of Completion: 12/91

                                        8.4  Develop zoning ordinance which strengthens environmental controls for new
                                             and existing development (see Zoning Recommendations).

                                             ResWnsible Party: Planning Board.

                                             Date of Completion: 12/91

                                        8.5  In the event that Kittery amends the Town's Zoning Ordinance to include
                                             Transfer of Development Rights, the Shoreland Overlay Zone should be
                                             included in the "sending area" to encourage the maintenance of appropriate
                                             waterfront property as open space.

                                             Respgnsible Party: Planning Board.

                                             Date of Comi2letion: timing unknown




                                        -43-










                                  GOAL 9: TO INCREASE FUNDING CAPACITY FOR WATERFRONT PROJECTS

                                  9.1   Raise mooring and license fees to create a capital fund for waterfront
                                        acquisition and improvements (see 4.7).

                                        Responsible Par1y: Port Authority

                                        Date of Completion: 12/90

                                  9.2   Explore state and federal grant programs for funding of waterfront
                                        acquisitions and improvements.

                                        Land side facilities such as community piers, parking lots and boat launching
                                        and storage areas for fishermen can be improved with local, State, or Federal
                                        funds:


                                        Land and Water Conservation (LAW-CON) funds are available from the
                                        Department of Economic and Community Development to support the
                                        acquisition and/or development of outdoor recreation facilities, including
                                        waterfront parks.

                                        Boating Facilities Program grants are available from the Bureau of Parks and
                                        Recreation for the acquisition, development, and improvement of state,
                                        regional, or local boat access sites.

                                        Community Development Block Grant or local funds should be considered for
                                        upgrading streets, lights, parking areas and sidewalks.

                                        Coastal Planning Grants are available from the Department of Economic and
                                        Community Development for municipal waterfront and harbor planning
                                        activities. These activities should result in implementation strategies to
                                        further Maine's Coastal Policies.

                                        Waterfront Action Grants are available from the office of Comprehensive
                                        Planning, Department of Economic and Community Development for the
                                        acquisition and development of shorefront land to improve public access; low
                                        cost construction projects on waterfront land; and the rehabilitation of
                                        municipality owned piers.

                                        Wallol2-Breaux Program- is a federal program administered by the
                                        Department of Inland Fisheries & Wildlife and funded by a motor-boat tax.
                                        Ten percent of the monies - approximately $120,000 - $140,000 per year - is
                                        dedicated to public boat access projects. These projects must be public but a fee
                                        can be charged to cover costs of operation. These monies are allocated on a
                                        75% federal matching basis.













                                  _44-








                                              Boating Facilities Program - Provides public facilities for boats in the water
                                              of the State, including but not limited to launching ramps, parking sites and
                                              access roads. The State Bureau of Parks and Recreation is authorized to
                                              provide Grants-in-Aid to municipalities and private organizations to assist
                                              in the acquisition, development of improvement of public boat facilities as
                                              well as to acquire and develop State owned sites.

                                              Resimnsible Party: Town Planner/Town Manager

                                              Dale of Completion: ongoing





















































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 I               SECTION V:
 I               SHORELAND ZONING
 .1              ORDINANCE
                 RECOMMENDATIONS
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                                        Shoreland Zoning Ordinance Recommendations

                                        As defined by the State, the Shoreland Zone includes all land areas within 250
                                        feet, horizontal distance, of the normal high-water line of any river or saltwater
                                        body; within 250 feet, horizontal distance, of the upland edge of a coastal or
                                        freshwater wetland; and within 75 feet, horizontal distance, of the normal high-
                                        water line of a stream. The Shoreland Zoning Ordinance applies to any structure
                                        built on, over or abutting a dock, wharf or pier, or other structure extending beyond
                                        the normal high-water line 6f a water body or within a wetland.

                                        Towns are required to adopt a Shoreland Zoning Ordinance which is at least as
                                        restrictive as the one detailed in the State of Maine Guidelines for Municipal
                                        Shoreland Zoning Ordinances 1990. In the event that a Town adopts an ordinance
                                        which is determined by the State to be insufficient, the State can impose a new
                                        ordinance, consistent with the State Guidelines. Shoreland Zoning Ordinances must
                                        be consistent with the State requirements by 31 December 1991.

                                        It is recommended that the Kittery Shoreland Zoning Ordinance follow, and be
                                        consistent with, the State Guidelines, with the exceptions noted below.
                                        Throughout the ordinance, all references to Great Ponds should be deleted as there
                                        are no Great Ponds in Kittery. The minimum shoreline setback for any structure or
                                        restricted activity should be one hundred (100) feet unless otherwise noted. In cases
                                        where the Kittery Zoning Ordinance is not consistent with the State guidelines, the
                                        more restrictive regulations will prevail.

                                        The following refers to specific sections of the State Guidelines which should be
                                        revised for consistency with land use and shoreline conditions in the Town of
                                        Kittery. The recommended changes are shown in italics.

                                        Section 9. Districts and Zoning MaI2

                                        The Shoreland Zone will overlay Kittery's basic zoning districts, with the
                                        exception of the Resource Protection Zone which is delineated on Figure 6.

                                        Section 13. Establishment of Districts

                                        The Shoreland Zone will overlay Kittery's basic zoning districts, with the
                                        exception of the Resource Protection Zone which is delineated on Figure 6.

                                        Section 14. Table of Land Uses
                                        The Table of Land Uses has been adjusted to conform to Kittery's Zoning 'Districts
                                        and existing patterns of development, Table 9 is a Table of Land Uses.

                                        Section 15. Land Use Standards


                                        A. Minimum Lot Standards

                                            1.  In those instances where the Town's existing minimum lot standards are
                                                greater than those recommended by the State (e.g., 80,000 SF minimum lot
                                                size in Rural Conservation Districts), the Town's more restrictive standards
                                                should be used. In no instance, shall the required minimum shore frontage
                                                be less than 200 feet.



                                        -46-





















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                                                                                                                                                                                              75' Setback




                                                                                                   TOWN                                                     OF KITTERY                                                                                                                                                                                                Wallace, Floyd, Associates Inc.                                                                                                                                                                                                                                                                   N
                                                                                                                                                                                                                                                                                                                                                                      Arch itects/Planners
                                                                                                    Kittery Harbor Plan                                                                                                                                                                                                                                               T.Y. Lin International
                                                                                                                                                                                                                                                                                                                                                                      Engineers/Planners








         TABLE 9. LAND USES IN THE SHORELAND ZONE


         LAND USES                                                                                    DISTRICT
                                                                              C      RC    RP    BI     RR    SR     UR DT/LB

         1.  Non-intensive recreational uses not requiring                    yes    yes   yes   yes    yes   yes    yes   yes
             structures such as hunting, fishing and hiking
         2.  Motorized vehicular traffic on existing roads and trails         yes    yes   yes   yes    yes   yes    yes   yes
         3.  Forest management activities except for timber harvesting        yes    yes   yes   yes    yes   yes    yes   yes
         4.  Timber harvesting                                                yes    yes   CEO   yes    yes   yes    yes   yes
         5.  Clearing of vegetation for approved construction and other       yes    yes   CEO   yes    yes   yes    yes   yes
             allowed uses
         6.  Fire prevention activities                                       yes    yes   yes   yes    yes   yes    yes   yes
         7.  Wildlife management practices                                    yes    yes   yes   yes    yes   yes    yes   yes
         8.  Soil and water conservation practices                            yes    yes   yes   yes    yes   yes    yes   yes
         9.  Mineral exploration                                              yesi   yesi  yesi  yesi   yesi  yesi   yesi  yesi
         10. Mineral extraction including sand and gravel extraction          no     no    no    no     no    no     no    no
         11. Surveying and resource analysis                                  yes    yes   yes   yes    yes   yes    yes   yes
         12. Emergency operations                                             yes    yes   yes   yes    yes   yes    yes   yes
         13. Agriculture                                                      PB     yes   PB    PB     yes   yes    yes   PB
         14. Aquaculture                                                      PB     PB    PB    PB     yes   yes    yes   PB
         15. Principal structures and uses
             A.  One and two family residential2                              no     ZBA   no    ZBA    ZBA   ZBA    ZBA   ZBA
             B.  Multi-family residential                                     no     no    no    PB     no    no     no    PB
             C.  Commercial                                                   PB3    no    no    PB     no    no     no    PB
             D.  Industrial                                                   no     no    no    no     no    no     no    no
             E.  Governmental and institutional                               no     no    no    no     no    no     no    no
             F.  Small non-residential facilities for educational,            PB     PB    PB    PB     PB    PB     PB    PB
                 scientific or nature interpretation purposes4
             G.  Residential facilities for educational, scientific or        no     PB    no    no     no    no     no    no
                 nature interpretation purposes
         16. Structures accessory to allowed uses                             PB     PB    PB    PB     PB    PB     PB    PB
         17. Structures built on, over, or abutting a pier, wharf, dock or    PB     PB    PB    PB     PB    PB     PB    PB
             other structure extending beyond the normal high-water
             line or upland edge of a wetland4
         18. Conversion of seasonal residential structures to year-round      CEO    CEO   no    CEO    CEO   CEO    CEO   CEO
             residences
         19. Home occupations                                                 yes    ZBA   no    yes    yes   yes    yes   yes
         20. Private sewage disposal units for allowed uses                   CEO    CEO   CEO   CEO    CEO   CEO    CEO   CEO
         21. Essential services                                               ZBA    ZBA   ZBA   ZBA    ZBA   ZBA    ZBA   ZBA
         22. Service drops, as defined, to allowed uses                       yes    yes   yes   yes    yes   yes    yes   yes
         23. Public and private recreational areas involving minimal          PB     PB    PB    PB     PB    PB     PB    PB
             structural development
         24. Individual, private campsites                                    no     ZBA   no    CEO    CEO   CEO    CEO   no
         25. Campgrounds                                                      no     no    no    no     no    no     no    no
         26. Road construction and parking facilities                         PB     PB    no5   PB     PB    PB     PB    PB
         27. Marinas6                                                         ZBA    ZBA   ZBA   ZBA    ZBA   ZBA    ZBA   ZBA
         28. Filling and earthmoving of <10 cubic yards                       yes    yes   CEO   yes    yes   yes    yes   yes
         29. Filling and. earthmoving of >10 cubic yards                      PB     PB    PB    PB     PB    PB     PB    PB
         30. Signs                                                            CEO    CEO   CEO   CEO    CEO   CEO    CEO   CEO
         31. Uses similar to allowed uses                                     CEO    CEO   CEO   CEO    CEO   CEO    CEO   CEO
         32. Uses similar to allowed uses   requiring a CEO permit            CEO    CEO   CEO   CEO    CEO   CEO    CEO   CEO
         33. Uses similar to uses requiring a PB permit                       PB     PB    PB    PB     PB    PB     PB    PB
         lRequires permit from Planning Board if more than 100       square feet of surface area is required.
         2CIuster development must comply with minimum standards for Shoreland Zone.
         3See attached list of allowable water-dependent uses.
         4Functionally water-dependent uses only.
         5Except where no reasonable alternative route or location is available outside the RP area in which case a per       mit
             is required from PB.
         6see regulations regarding marinas.









                                     B. Principal and Accessory Structures

                                         1 . All new principal and accessory structure shall be set back at least one
                                             hundred (100) feet from the normal high-water line of from the normal
                                             high water line of any water bodies, tributary streams, or the upland edge
                                             of a wetland, except as indicated on Figure 6.

                                             b. Restrictions on Significant River Segments are not relevant to Kittery.

                                         4. The maximum allowable lot coverage shall be consistent with Kittery's
                                             districts and with the Town's more restrictive requirements.

                                     C. Piers, Docks, Wharfs, Bridges and Other Structure and Uses Extending Over or
                                         Beyond the Normal High-Water Line of a Water Body or Within a Wetland.

                                         8. Restrictions limiting the allowable number of slips per foot of shore
                                             frontage or per square foot of parcel area should be added.

                                     D.  Campgrounds

                                         The discussion of campground restrictions should be deleted; no campgrounds
                                         will be allowed within the Shoreland Zone.


                                     E.  Individual Private Campsites

                                         2. Campsite placement on any lot shall be a minimum of one hundred (100)
                                             feet (except as indicated on Figure 6) from the normal high-water line of
                                             water bodies, tributary streams, or the upland edge of a wetland.

                                     F.  Commercial and Industrial Uses

                                         The discussion of uses adjacent to great ponds and rivers and streams flowing to
                                         great ponds should be deleted; there are no Great Ponds or associated rivers and
                                         streams in Kittery.

                                     G.  Parking Areas

                                         3. The size of proposed parking *facilities should be consistent with
                                             requirements for other areas of Kittery, as detailed in the Kittery Zoning
                                             Ordinance.


                                     H. Roads and Driveways

                                         1. Roads and driveways shall be set back at least one hundred (100) feet
                                             (except as indicated on Figure 6) from the normal high-water line of water
                                             bodies, tributary streams, or the upland edge of a wetland.

                                     I.  Signs

                                         In those instances where the Town's existing signage standards are more
                                         restrictive than those recommended by the State, the Town's more restrictive
                                         standards should be used.

                                     M. Mineral Exploration and Extraction


                                     -48-








                                              3. The discussion of gravel pits adjacent to Significant River Segments should
                                                  be deleted; development of gravel pits is prohibited within the entire
                                                  Shoreland Zone in Kittery.

                                          N.  Agriculture

                                              2.  Manure shall be stored or stockpiled a minimum of one hundred (100) feet
                                                  (except as indicated on Figure 6), horizontal distance, of any water body,
                                                  tributary stream or wetland.

                                              4.  There shall be no new tilling of soil within one hundred (100) feet (except
                                                  as indicated on Figure 6), horizontal distance, of any water body, tributary
                                                  stream or wetland.


                                              5.  After the effective date of this Ordinance, newly established livestock
                                                  grazing areas shall not be permitted within one hundred (100) feet (except
                                                  as indicated on Figure 6), horizontal distance, of any water body, tributary
                                                  stream or wetland.

                                          0. Timber Harvesting

                                              1.      The discussion of timber harvesting adjacent to a Great Pond should be
                                                      deleted; there are no Great Ponds in Kittery.

                                              2.a.i.  Within one hundred (100) feet (except as indicated on Figure 6),
                                                      horizontal distance, of the normal high-water line of water bodies,
                                                      tributary streams, or the upland edge of a wetland, there shall be no
                                                      clearcut openings and a well-distributed stand of trees and other
                                                      vegetation, including existing ground cover, shall be maintained.

                                              2.a.ii. At distances greater than one hundred (100) feet (or the specific setback
                                                      as indicated on Figure 6), horizontal distance, of the normal high-
                                                      water line of water bodies, tributary streams, or the upland edge of a
                                                      wetland, harvesting operations shall not create single clearcut openings
                                                      greater than ten thousand (10,000) square feet in the forest canopy.

                                              2.f.    Except for water crossings, skid trails and other sites where the
                                                      operation of machinery used in timber harvesting results in the
                                                      exposure of mineral soil shall be located such that an unscarified strip
                                                      of vegetation of at least one hundred (100) feet (or the specific setback
                                                      as indicated on Figure 6) in width for slopes up to ten (10) percent shall
                                                      be retained between the exposed mineral soil and the normal high-
                                                      water line of a water body or upland edge of a wetland.

                                          P. Clearing of Vegetation for Development

                                              1 . The discussion of clearing of vegetation adjacent to a Great Pond should be
                                                  deleted; there are no Great Ponds in Kittery.

                                              2.  Except in areas as described in Paragraph 1, above, and except to allow for
                                                  the development of permitted uses, within a strip of land extending one
                                                  hundred (100) feet (or as indicated on Figure 6), horizontal distance, inland
                                          -49-    from the normal high-water line of any water body, tributary stream, or









                                              the upland edge of a- wetland, a buffer strip of vegetation shall be
                                              preserved as follows: ......

                                              a-c. The discussion of clearing of vegetation adjacent to a Great Pond
                                                   should be deleted; there are no Great Ponds in Kittery.

                                         3.   At distances greater than one hundred (100) feet (or as indicated on Figure
                                              6), horizontal distance, from the normal high-water line of any other
                                              water body, tributary stream, or the upland edge of a wetland, except to
                                              allow for the development of permitted uses, there shall be permitted on
                                              any lot, in any ten (10) year period, selective cutting of not more than forty
                                              (40) percent of the volume of trees four (4) inches Or more in diameter,
                                              measured 4 1/2 feet above ground level.

                                     Section 16. Administration

                                     Administration of the Shoreland Zoning Ordinance shall be consistent with
                                     administration of the other elements of the Kittery Zoning Ordinance.

                                     Section 17. Definitions

                                     Definitions should be checked for consistency with the Kittery Zoning  Ordinance.


                                     The following items are recommended as additions to the Shoreland Zoning
                                     Ordinance. They are not included in the State Guidelines.


                                     View Corridors


                                     View corridors as identified by the Conservation Commission shall be maintained,
                                     consistent with recommendations made by the Conservation Comintission.

                                     Public Access


                                     Developers of any new construction or substantial improvement of an existing
                                     building shall be encouraged to provide for public access to and along the waterfront
                                     in accordance with plans approved by the Planning Board during Site Plan Review.
                                     This provision is intended to allow flexibility for the owner and the Town in
                                     arriving at an acceptable design. Possible arrangements for access may include
                                     walkways, boat launching or docking facilities open to the public, plazas or other
                                     means. Access provisions between adjacent properties should be coordinated. The
                                     Planning Board may waive this provision if it finds that public access would be
                                     incompatible with the use of the property or if public safety problems would be
                                     created.


                                     Design of docks. piers and wharfs shall be consistent with design guidelines
                                     develol2gd by the Port Authai-tyL.

                                     Marinas shall be allowed per Table 11 provided that such use does not decrease the
                                     amount of, nor diminish the quality of, existing on-site berthing space, as measured
                                     along the pier, float or wharf edge, which could be used for commercial vessels in
                                     its current condition or with necessary maintenance or rehabilitation. Commercial




                                     _50-








                                         vessels shall include vessels used for commercial fishing, water transportation, and
                                         charter purposes.

                                         Allowable water-dependent uses

                                         In areas where commercial development is restricted to water-dependent uses, such
                                         uses shall include:


                                         -    Boat charters, excursions and rentals.

                                         -    Piers, docks, wharfs

                                         -    Commercial and recreational fishing and boating facilities

                                         -    Commercial fishing/ shell fishing services and sales

                                         -    Marinas and related services


                                         -    Chandleries


                                         -    Sail lofts


                                         -    Boat building and repair

                                         -    Boat storage and refueling

                                         -    Retail boat and motor sales


                                         -    Boat brokerage

                                              Fish storage/ retail/ wholesale

                                              Dock and port facilities


























                                         -51-




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 'I               SECTION VI:
 I                CAPITAL IMPROVEMENTS
 I                PLAN
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                                         CAPITAL. IMPROVEMENTS PLAN


                                         As part of the Harbor Plan development, a Capital Improvements Plan (CIP) was
                                         developed. A CIP is generally a prioritized ranking of any project requiring fiscal
                                         expenditure greater than $5,000.00 and/or having a useful life of three years or
                                         more. Projects may typically include property acquisition, infrastructure
                                         improvements, and/or planning and engineering studies. Potential CIP projects were
                                         identified during the inventory and analysis and policy development stages of the
                                         study and clearly stated in the final recommendations. The projects which emerged
                                         during Kittery's Harbor Study include the following:

                                                 Improvements to Traip Academy ($30,000.)

                                                 This provides funding for parking and lighting improvements as well as
                                                 improvements to the existing boat ramp.

                                              0  Winter Dock Improvements Study ($15,000.)

                                                 This item provides the funding for a study to determine the facilities
                                                 which are required for improved accessibility to the Town docks in the
                                                 winter.


                                              0  Replace/Maintain Town Docks ($40,000.)

                                                 Many of the existing Town dock and wharf facilities are in need of repair
                                                 and/or replacement. This item provides for funding of some of the more
                                                 pressing repairs.

                                              0  Informational Signs ($5,000.)

                                                 This item provides funding for the installation of signs at recreational
                                                 facilities illustrating rules and regulations, and environmentally related
                                                 concerns.


                                              0  Educational Programs ($5,000.)
                                                 This item provides seed funding to increase environmental awareness
                                                 through brochures, pamphlets, and community outreach programs.

                                              0  Schematic Design - Eagle Point ($14,000.)

                                                 This item would fund the schematic design of improvements for
                                                 recreational use at Eagle Point.

                                              0  Rice Avenue Preliminary Engineering ($50,000.)

                                                 This provides funding for a preliminary engineering design for landside,
                                                 docking, and mooring facilities at the Rice Avenue Parcel.

                                              0  Re-Use Study for Wood Island ($10,000.)






                                         -52-









                                                  This item would fund a study to develop a master plan for the island,
                                                  including re-use options for the buildings, increased public access, and
                                                  maintenance requirements.

                                              9   Master Plan for Parcels 2.43A and 64A ($4,000.)

                                                  This item would fund a study to develop plans for the recreational use of
                                                  Parcels 2.43A and 64A, along with the state-owned land under 1-95.
                                              a   Parcel 4-56.2 (Boulter's Pier@ Acquisition ($236,000.)
                                                  Acquisition of Parcel 4.56-2'(behind Portland Glass) would provide much-
                                                  needed public access to the waterfront in the Downtown area

                                              0   Parcel 2.65 (under 1-95) Acquisition ($161,700.)

                                                  Acquisition of Parcel 2.65 would facilitate the recreational development of
                                                  the land adjacent to 1-95

                                              0   Acquisition of the Isles of Shoals would ensure their continued protection.

                                                  Appledore Island Acquisition ($813,900.)
                                                  Cedar Island Acquisition ($184,200.)
                                                  Duck Island Acquisition ($30,400.)


                                         Each of the above projects was then ranked by Committee members according to the
                                         following criteria: estimated fiscal requirements, effects on health and safety,
                                         environmental impact, size of the population potentially served, feasibility,
                                         relationship to other projects,'and responsiveness to an urgent need. The final
                                         rankings and recommended fiscal budget year are shown below (1-Highest Priority,
                                         11-Lowest Priority):


                                                                     Table 10: CIP Project Priorities


                                         Priority         Project                                    Est. Cost        Fiscal Year

                                         1.               Traip Academy Ramp                         $30,000.         91-92
                                                          Improvements
                                         2.               Winter Dock Improvements                   $15,000.         91-92
                                         3 -              Replace/ Maintain Docks                    $40,000          92-93

                                         4.               Informational Signs                        $5,000.          92-93
                                         5.               Educational Programs                       $5,000.          92-93

                                         6.               Schematic Design-Eagle Point               $14,000.         94-95

                                         7.               Rice Avenue Preliminary                    $45,000.         94-95
                                                          Engineering




                                         -53-








                                          8.               Reuse Study - Wood Island                  $10,000.        95-96
                                          9.               Master Plan - 2.43A/64A                   $4,000.          95-96

                                          As can be seen from the chart, the acquisition of any properties is beyond the
                                          recommended six year CIP horizon, and is dependent upon the properties becoming
                                          available.  However, the rankings of each of the acquisitions is as follows:

                                                   1 .     Parcel 4-56.2 (Boulter's Pier)
                                                   2.      Parcel 2.65 (under 1-95)
                                                   3.      Duck Island
                                                   4.      Appledore Island
                                                   5.      Cedar Island


                                          In terms of future funding levels, it is suggested that the recommendation to
                                          establish waterfront management as a line item be implemented. Mooring fees
                                          should then be adjusted to ensure adequate future funding for both administrative
                                          and-capital improvement functions.












































                                          -54-




 I
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 I
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 I                SECTION VII:
 I                IMPLEMENTATION SCHEDULE
 I
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                                                                    Table 11: Implementation Schedule




                                                             RESPON                                          COMPLETION DATE
      NO.    RECOMMENDATION                                    PARTY 6/90        12/90 6/91      12/91 6/92       12/92 6/93      12/93 6/94       12/94 6/95      12/95


      1.1    Encourage protection in the area surrounding        cc                X
             the Bitternut Hickory and Wild Coffee.

      1.2    Delineate the Resource Protection Zone to           PB                                 X
             provide maximum protection for critical
             resources.


      1.3    Update and strengthen the ordinances                PB                                 X
             regarding use of land wi thin the Resource
             Protection Zone to comply with new state
             guidelines.

      1.4    Establish adequate resource management            CC/HM                       X
             guidelines for Smuttynose, Malaga, Cedar,
             Squash and Duck Islands.

      1.5    Encourage environmentally sensitive use of        CC/HM                       X
             Gooseberry, Fishing, Wood, Whaleback,
             White & Horn Islands.

      1.6    Establish resource management guidelines to         cc                X
             preserve Seapoint Beach.

      1.7    Revise Seapoint Beach rules to prohibit dogs      CC/TC               X
             on the beach between 9 AM and 5 PM from July
             through August.

      1.8    Establish and maintain regular contact with         TM                X
             Star Island Corporation, notifying them of
             changes in zoning, environmental issues, etc.





                                                                 RESPON                                               COMPLETION DATE
    NO.     RECOMMENDATION                                        PARTY      6/90      12/90 6/91       12/91 6/92        12/92 6/93        12/93 6/94        12/94 6/95        12/95


    1.9     Establish stringent enforcement policies for          PD/HM         X
            waterfront ordinances.


    1.10    Manage public improvement projects to                    TM                  x
            protect natura I /critical areas.

    1.11    Embark on an educational program to show                 cc                           x
            builders, developers and shoreland residents
            how they can act to reduce phosphorous
            build-up.

    1.12    Maintain Gooseberry, Fishing, Wood,                      PB                                    x
            Whaleback, White, Hom, Smuttynose,
            Malaga, Cedar, Squash and Duck Islands as
            Resource Protection Zones.      -


    2.1     Strengthen controls on agricultural                      PB                                    x
            management practices within the Shoreland
            Zone-consistent with the state guidelines.

    2.2     Continue to work with State to strengthen                TM                 on-
            water quality/ pollution ordinances.                                       going

    2.3     Create a Joint Harbor Comn-dssion (or                    TP                           x
            establish a method for regular, periodic
            meetings) with surrounding towns (Eliot,
            Portsmouth, York, Newcastle, Newington,
            and a representative of the Portsmouth
            Naval Shipyard)) to discuss regional
            approaches to issues regarding shoreland
            planning, management and enforcement,
            including land use, water pollution, traffic,
            and tourism.








                                                                                           56



                                                                '"ESFW                                                    CMRETWAA=
       NO.     RECOMMENDATION                                         PARTY '6/90         12/90 6/91        12/91 6/92         12/92 6/93        12/93 6/94        12/94 6/95        12/95


       2.4     Encourage provision of pumpout facilities for          PA/PB         X
               boats at all large private boating facilities
               (marinas).

       2.5     Elin-tinate or reduce non-point sources of             PB/CC                                    X
               pollution by requiring specified data during
               subdivision and/or site plan review;
               encouraging appropriate agricultural
               management practices; and enacting ordinance
               provisions.

       2.6     Establish a shellfish conservation ordinance.            C W                           X


       2.7     Reduce litter pollution through provision of           PA/PW                  X
               abundant waste receptacles at beaches,
               marinas and wharfs.


       2.8     Develop a program to encourage education on              cc                                     X
               and compliance with state water quality
               laws.


       2.9     Enforce prohibition of overboard discharge of CEO/TC                          X
               sewage from landside facilities, and provide
               necessary resources to enable implementation.

       2.10    Revise current snow removal practices and              PW/PB                  X
               regulate dumping.

       2.11    Expand the duties of the Harbor Master to              PA/HM         X
               include marine resource duties.


       2.12    Examine the possibility of a cooperative               PA/HM                  X
               arrangement in which University of New
               Hampshire and Cornell University personnel
               on Appledore Island would report any
               violations of waterfront-related ordinances to
               the Harbor Master.




                                                                                               57





                                                             RESPON                                            COMPLETION DATE
    NO.    RECOMMENDATION                                     PARTY 6/90          12/90 6/91       12/91 6/92      12/92 6/93        12/93 6/94       12/94 6/95      12/95




    3.1    Eliminate fees for residents at Fort Foster to        TC                 X
           encourage use of Fort Foster and elin-dnate
           financial incentive for use of Seapoint Beach
           over Fort Foster, using dump-stickers or passes
           for proof of residency. Increase fees for non-
           residents.


    3.2    Encourage improvements at appropriate,              CC/PA       on-                                                                                           X
           existing, undeveloped Town-owned                               going
           waterfront parcels to encourage/allow public
           use of waterfront.


    3.3    Encourage acquisition of prime waterfront             TM        on-
           parcels by the Town, as parcels become                         going
           available.


    3.4    Maintain contact with State Department of             TM        on-
           Recreation to ensure continued operation and                   going
           maintenance of Fort McClary as State Park.

    3.5    Continue to maintain Fort Foster and Seapoint         CC        on-
           Beach as primarily non-boating recreation                      going
           areas and educate public regarding
           appropriate use of this resource.

    3.6    Designate swimming area at Seapoint Beach          HM/TM                          X
           and Fort Foster.

    3.7    Increase public access to the waterfront              PB                                  X
           through encouraging the inclusion of public
           access provisions as part of site plan
           approval.






                                                                                       58






                                                               RESPON                                          COMPLETION DATE
      NO. RECOMMENDATION                                        PARTY      6/90   12/90 6/91       12/91 6/92       12/92 6/93      12/93 6/94       12/94 6/95      12/95



      3.8     Expand the responsibilities of the Kittery          TC                 X
              Conservation Commission to include
              responsibility for participating in policy
              decisions regarding acquisition, development
              and maintenance of waterfront recreation
              property.

      3.9     Encourage the Kittery Land Trust and other          cc         on-
              conservation groups to acquire and manage                    going
              open space in the Town.

      3.10    Develop an ordinance to prohibit use of jet         TM                         X
              skis throughout the Town of Kittery.

      4.1     Adopt and maintain new mooring plan which           PA                 X
              maximizes available mooring areas.

      4.2     Develop and distribute a large scale map            PA                         X
              'showing the locations of mooring areas, boat
              launch areas, passive recreational areas and
              marinas/public wharf areas.


      4.3     Continue to allow use of small non-motorized     no action     on-
              boats at Eagle Point.                            required going

      4.4     Display and enforce rules and ordinances            TM                 X
              regarding boating safety.

      4.5     Aggressively pursue state and local funding       TP/TM        on-
              opportunities.                                               going

      4.6     Revise current mooring fees upward to more          PA                 X
              closely reflect regional fees.





                                                                                       59





                                                                  RESPON                                              COMPLETION DATE
    NO.     RECOMMENDATION                                         PARTY       6/90    12/90 6/91        12/91 6/92        12/92 6/93        12/93 6/94        12/94 6/95        12/95


    4.7     Establish harbor maintenance and                       TM/TC                  X
            management as a line item in the Town
            budget.

    4.8     Improve Kittery Point Wharf (Pepperrell                  PA                                                               X
            Cove) for recreational boating.

    4.9     Maintain current use of Town Wharf.                      PA         on-
                                                                               going

    4.10    Improve boat launch at Traip Academy to                  PA                   X
            include adequate lighting, access, and fon-nal
            parking and turnaround areas.

    4.11    Set aside monies for replacement of floats at            TC         on-
            Pepperrell Cove.                                                   going

    4.12    Develop and implement new mooring                     PA/HM         on-
            allocation policy which does not give                              going
            priority to Kittery residents.

    5.1     Display and enforce rules and ordinances.                PA                   X

    5.2     Develop and enforce ordinances prohibiting               PA                   X
            anchorage of boats within designated
            swimming areas at Seapoint Beach and Fort
            Foster.


    5.3     Enforce existing speed limits for boats in               HM         on-
            creeks.                                                            going

    6.1     Develop zoning to encourage water-dependent              PB                                    X
            uses.


    6.2     Develop plan and schedule for improvements               PA                           X
            to Kittery Point Wharf (Pepperrell Cove) for
            commercial fishing.



                                                                                            60





                                                            RESPON                                          COMPLETION DATE
      NO.    RECOMMENDATION                                  PARTY     6/90     12/90 6/91      12/91 6/92      12/92 6/93      12/93 6/94      12/94 6/95       12/95



      7.1    Develop zoning ordinance which encourages          PB                                 X
             water dependent use of land in commercial
             zones.

      7.2    Designate the Portsmouth Naval Shipyard            PB                                 X
             as an Industrial/ Maritime Activities District
             in the event that the Shipyard is abandoned
             by the Navy.
      7.3    Preserve the possibility of developing water-      PB                                 X
             oriented transportation by ensuring that new
             developments do not reduce the amount of
             berthing space available for commercial
             vessels.

      8.1    Develop zoning language which encourages           PB                                 X
             protection of important views to the
             waterfront as defined by the Conservation
             Conin-tission.

      8.2    Develop zoning ordinance which provides for        PB                                 X
             development of public access as part of
             private developments in appropriate
             locations.

      8.3    Develop design guidelines for docks, slips and     PA                                 X
             marinas which ensure that additional
             mooring space is consistent with waterfront
             goals including maintenance of scenic
             character.

      8.4    Develop zoning ordinance which strengthens         PB                                 X
             environmental controls for new and existing
             development.





                                                                                     61





                                                      RESPON                                     COMPLETION DATE
   NO.    RECOMMENDATION                               PARTY 6/90       12/90 6/91    12/91 6/92     12/92 6/93     12/93 6/94     12/94 6/95     12/95


   8.5    In the event that Kittery amends the Town's    PB
          Zoning Ordinance to include Transfer of
          Development Rights, the Shoreland Overlay
          Zone should be included in the "sending area"
          to encourage the maintenance of appropriate
          waterfront property as open space.

   9.1    Raise mooring and license fees to create a     PA               X
          capital fund for waterfront acquisition and
          improvements.

   9.2    Explore state and federal grant programs for TP/TM      on-
          funding of waterfront acquisitions and                 going
          improvements.



























                                                                           62




                                                             = = = = = = Em = = M = = =



                                                            Table 12: Implementation Schedule By Responsible Party




                                                                 RESPON                                             COMPLETION DATE
      NO. RECOMMENDATION                                         PARTY       6/90     12/90 6/91       12/91 '6/92       12/92 6/93       12/93 6/94       12/94 6/95        12/95



             PLANNING BOARD


      1.2    Delineate the Resource Protection Zone to               PB                                  X
             Trovide maximum protection for critical
             resources.


      1.3    Update and strengthen the ordinances                    1313                                X
             regarding use of land within the Resource
             Protection Zone to comply with new state
             guidelines.

      1.12   Maintain Gooseberry, Fishing, Wood,                     PB                                  X
             Whaleback, White, Horn, Smuttynose,
             Malaga, Cedar, Squash and Duck Islands as
             Resource Protection Zones.


      2.1    Strengthen controls on agricultural                     PB                                  X
             management practices within the Shoreland
             Zone, consistent with the state guidelines.

      2.4    Encourage provision of pumpout facilities for        PA/PB         X
             boats at all large private boating facilities
             (marinas).

      2.5    Eliminate or reduce non-point sources of             PB/CC                                  X
             pollution by requiring specified data during
             subdivision and/or site plan review;
             encouraging appropriate agricultural
             management practices; and enacting ordinance
             provisions.





                                                            RESPON                                           COMPLETION DATE
    NO.    RECOMMENDATION                                    PARTY      6/90    12/90 6/91       12/91 6/92      12/92 6/93       12/93 6/94      12/94 6/95       12/95



    2.10   Revise current snow removal practices and         PW/PB                x
           regulate dumping.

    3.7    Increase public access to the waterfront            PB                                  x
           through encouraging the inclusion of public
           access provisions as part of site plan
           approval.

    6.1    Develop zoning to encourage water-dependent         PB                                  x
           uses.


    7.1    Develop zoning ordinance which encourages           PB                                  x
           water dependent use of land in commercial
           zones.


    7.2    Designate the Portsmouth Naval Shipyard             PB                                  x
           as an Industrial /Maritime Activities District
           in the event that the Shipyard is abandoned
           by the Navy.

    7.3    Preserve the possibility of developing water-       PB                                  x
           oriented transportation by ensuring that new
           development does not reduce the amount of
           berthing space available for commercial
           vessels.


    8.1    Develop zoning language which encourages            PB                                  x
           protection of important views to the
           waterfront as defined by Conservation
           Comn-dssion.


    8.2    Develop zoning ordinance which provides for         PB                                  x
           development of public access as part of
           private developments in appropriate
           locations.






                                                                                    64



    = No M ow M im 2WtLSP"_rj- "M as wo wN                                                                 C0MTIM4T0AT#ft ON MM "M =
     NO.    RECOMMENDATION                                   PARTY 6/90        12/90 6/91      12/91 6/92      12/92 6/93      12/93 6/94      12/94 6/95      12/95


     8.4    Develop zoning ordinance which strengthens         PB                                X
            environmental controls for new and existing
            development.

     8.5    In the event that Kittery amends the Town's        PB
            Zoning Ordinance to include Transfer of
            Development Rights, the Shoreland Overlay
            Zone should be included in the "sending area"
            to encourage the maintenance of appropriate
            waterfront property as open space.

            TOWN PLANNER


     2.3    Create a joint Harbor Commission (or               TP                        X
            establish a method for regular, periodic
            meetings) with surrounding towns (Eliot,
            Portsmouth, York, Newcastle, Newington,
            and a representative of the Portsmouth
            Naval Shipyard) to discuss regional
            approaches to issues regarding shoreland
            planning, management and enforcement,
            including land use, water pollution, traffic,
            and tourism.


     4.5    Aggressively pursue state and local funding      TP/TM       on-
            opportunities.                                             going

     9.2    Explore state and federal grant programs for     'fP/fM      on-
            funding of waterfront acquisitions and                     going
            improvements.

            CONSERVATION COMNHSSION


     1.1    Encourage protection in the area surrounding       cc                X
            the Bitternut Hickory and Wild Coffee.





                                                                                   65





                                                              RESPON                                           COMPLETION DATE
    NO. RECOMMENDATION                                          PARTY    6/90     12/90 -6/91      12/91 6/92      12/92 6/93       12/93 6/94       12/94 6/95       12/95


    1.4    Establish adequate resource management              CC/HM                        X
           practices for Smuttynose, Malaga, Cedar,
           Squash and Duck Islands.

    1.5    Encourage environmentally sensitive use of          CC/HM                        X
           Gooseberry, Fishing, Wood, Whaleback,
           White and Horn Islands.


    1.6    Establish resource management guidelines to            CC                X
           preserve Seapoint Beach.

    1.7    Revise Seapoint Beach rules to prohibit dogs         CC/TC               X
           on the beach between 9 AM and 5 PM from July
           through August.

    1.11   Embark on an educational program to show               CC                        X
           builders, developers and shoreland residents
           how they can act to reduce phosphorous
           build-up.

    2.5    Elin-dnate or reduce non-point sources of            PB/CC                                X
           pollution by requiring specified data during
           subdivision and/or site plan review;
           encouraging appropriate agricultural
           management practices; and enacting ordinance
           provisions.

    2.8    Develop a program to encourage education on            CC                                 X
           and compliance with state water quality
           laws.


    3.2    Encourage improvements at appropriate,              CC/PA       on-                                                                                          X
           existing, undeveloped Town-owned                               going
           waterfront parcels to encourage/allow public
           use of waterfront.







                                                                                      66

   M                                                                0, -W   V-6       'M        *0 am             Now       -0,      #W JW






                                                                      PON
                                                             a-"- ES fiW @IW                                         C(METMATE
      NO.     RECOMMENDATION                                       PARTY 6/90         12/90 6/91        12/91 6/92       12/92 6/93        12/93   6/94     12/94 6/95        12/95



      3.5     Continue to maintain Fort Foster and Seapoint          cc        on-
              Beach as primarily non-boating recreation.                      going
              areas and educate public regarding
              appropriate use of these resources.

      3.9     Encouragethe Kittery Land Trust and other              cc                 on-
              conservation groups to acquire and manage                                going
              open space in the Town.


              PORTAUTHORITY

      2.4     Encourage provision of pumpout facilities for        PA/PB        X
              boats at all large private boating facilities
              (marinas).

      2.7     Reduce litter pollution through provision of         PA/PW                 X
              abundant waste receptacles at beaches,
              marinas and wharfs.

      2.11    Expand the duties of the Harbor Master to            PA/HM        X
              include marine resource duties.

      2.12    Examine the possibility of a cooperative             PA/HM                 X
              arrangement in which University of New
              Hampshire and Cornell University personnel
              on Appledore Island would report any
              violations of waterfront-related ordinances to
              the Harbor Master.

      3.2     Encourage improvements at appropriate,               CC/PA       on-                                                                                              X
              existing, undeveloped Town-owned                                going
              waterfront parcels to encourage/allow public
              use of waterfront.

      4.1     Adopt and maintain new mooring plan which              PA                  X
              maximizes available mooring areas.




                                                                                           67





                                                            RESPON                                           COMPLETION DATE
   NO.     RECOMMENDATION                                    PARTY 6/90         12/90 6/91      12/91 6/92       12/92 6/93       12/93 6/94      12/94 6/95       12/95.


   4.2     Develop and distribute a large scale map            PA                          x
           showing the locations of mooring areas, boat
           launch areas, passive recreational areas and
           marinas/public wharf areas.

   4.6     Revise current mooring fees upward to'more          PA                 x
           closely reflect regional fees.

   4.8     Improve Kittery Point Wharf (Pepperrell             PA                                                           x
           Cove) for recreational boating.

   4.9     Maintain current use of Town Wharf.                 PA        on-
                                                                        going

   4.10    Improve boat launch at Traip Academy to             PA                 x
           include adequate lighting,. access, and formal
           parking and turnaround areas.

   4.12    Develop and implement new mooring                PA/HM        on-
           allocation 'policy which does not give                       going
           priority to Kittery residents.

   5.1     Display and enforce rules and ordinances.           PA                 x

   5.2     Develop and enforce ordinances prohibiting          PA                 x
           anchorage of boats within designated
           swimming areas at Seapoint Beach and Fort
           Foster.

   6.2     Develop plan and schedule for improvements          PA                           x
           to Kittery Point Wharf (Pepperrell Cove) for
           commercial fishing.








                                                                                     68
   66r. law                                                                            imp              VOW *Wb MW @Awip 'u-S,                        *0 (to- W






      NO.    RECOMMENDATION                                      PARTY 6/90          12/90 6/91       12/91 6/92       12/92 6/93       12/93 6/94       12/94 6/95        12/95


      8.3    Develop design guidelines for docks, slips and         PA                                  X
             marinas which ensure that additional
             mooring space is consistent with waterfront
             goals including maintenance of scenic
             character.


      9.1    Raise mooring and license fees to create a             PA                 X
             capital fund for waterfront acquisition and
             improvements.

             HARBOR NMSTER


      1.4    Establish adequate resource management              CC/HM                           X
             practices for Smuttynose, Malaga, Cedar,
             Squash and Duck Islands.

      1.5    Encourage environmentally sensitive use of          CC/HM                           X
             Gooseberry, Fishing, Wood, Whaleback,
             White and Horn Islands.


      1.9    Establish stringent enforcement policies for        PD/HM        X
             waterfront ordinances.


      2.11   Expand the duties of the Harbor Master to           PA/HM        X
             include marine resource duties.


      2.12   Examine the possibility of a cooperative            PA/HM                 X
             arrangement in which University of New
             Hampshire and Cornell University personnel
             on Appledore Island would report any
             violations of waterfront-related ordinances to
             the Harbor Master.


      3.6    Designate swimming areas at Seapoint Beach HM/TM                                   X
             and Fort Foster.







                                                                                         69






                                                              RESPON                                          COMPLETION DATE
     NO.    RECOMMENDATION                                     PARTY      6/90 12/90 6/91 12/91 6/92 12/92 6/93 12/93 6/94 12/94 6/95 12/95

     4.12   Develop and implement new mooring                  PA/HM        on-
            allocation policy which does not give                         going
            priority to Kittery residents.

     5.3    Enforce existing speed limits for boats in           HM         on-
            creeks.                                                       going

            TOWN MANAGER


     1.8    Establish and maintain regular contact with          TM                  X
            Star Island Corporation, notifying them of
            changes in zoning, environmental issues, etc.

     1.10   Manage public improvement projects to                TM                 X
            protect natural /critical areas.

     2.2    Continue to work with State to strengthen            TM         on-
            water quality/pollution ordinances.                           going

     3.3    Encourage acquisition of prime waterfront            TM         on-
            parcels by the Town as parcels become                         going
            available.


     3.4    Maintain contact with State Department of            TM         on-
            Recreation to ensure continued operation and                  going
            maintenance of Fort McClary as State Park.

     3.6    Designate swimming areas at Seapoint Beach         HM/TM                X
            and Fort Foster.


     3.10   Develop an ordinance to prohibit the use of jet      TM                         X
            skis throughout the Town of Kittery.

     4.4    Display and enforce rules and ordinances             TM                  X
            regarding boating safety.





                                                                                       70
                      
 


                                                                 6P
    W va@                                "Vpw)@.
                                                                                                                 GIRLITi ATP
      NO.    RECOMMENDATION                                      PARTY 6/90         12/90 6/91       12/91 6/92       12/92 6/93      12/93 6/94       12/94 6/95       12/95


      4.5    Aggressively pursue state and local funding         TP/TM       on-
             opportunities.                                                 going

      4.7    Establish harbor maintenance and                    TM/TC                X
             management as a line item in the Town
             budget.

      9.2    Explore state and federal grant programs for        TP/TM       on-
             funding of waterfront acquisitions and                         going
             improvements.

             POLICE DEPARTMENT


      1.9    Establish stringent enforcement policies for        PD/HM        X
             waterfront ordinances.


             CLAM WARDEN


      2.6    Establish a shellfish conservation ordinance.        CW                           X


             PUBLIC WORKS


      2.7    Reduce litter pollution through provision of        PA/PW                X
             abundant waste receptacles at beaches,
             marinas and wharfs.


      2.10   Revise current snow removal practices and           PW/PB                X
             regulate dumping.

             TOWN COUNCIL


      1.7    Revise Seapoint Beach rules to prohibit dogs        CC/TC                X
             on the beach between 9 AM and 5 PM from July
             through August.






                                                                                        71




 I
 I
 I


 I
 I
 I
 I                 SECTION VIII:
 I                 APPENDICES
 t
 I
 I
 I
 1,
 I
 I
 I
 I                            -
 I



 I
 I
 I
 I
 I
 I
 I
 I
                 APPENDIX A:
 I               TOWN-OWNED WATERFRONT
 it              PARCELS


 11.
 II
 I
 I
 I
 11
 11
 11              ..








                                           Town-Owned Waterfront Parcels


                                           Fig. 3 No.     Map/Lot No.      Street               Size in Acres     Current Use

                                             1              2.64A          Spinney Lane               1.99        Vacant
                                             2.             2.43A          Gray Lodge                  .83        Vacant
                                             3.             3.63           Government Street          1.05        Vacant
                                             4.             1.57           Rice Avenue                1.20        Vacant
                                             5.             1.34           Thorners Avenue             .25        Vacant
                                             6.             4.78           Wallingford Square          .10        Town Wharf
                                             7.             9.17           Williams Avenue            7.25        Traip Academy
                                             8.             10.5           Whipple Road                .10        Vacant
                                             9.             17.13          Old Ferry Lane              .15        Vacant
                                            10.             17.5           Bowen Road                  .15        Vacant
                                            11.                            Rams Island                2.75        Vacant
                                            12.             24.47          Moore Street                           Pump Station
                                            13.             24.35          Phelps Street             20.00        Vacant
                                            14.             15.91          Rogers Road               39.05        Frisbee School
                                                                                                                  (Rogers Park)
                                            15.             25.6A          Bond Road                   .10        Right-of-Way
                                            16.             35-18,18E      Rosellen Drive             1.59        Vacant
                                            17.             27.49A         Bellamy Lane                .40        Kittery Point
                                                                                                                  Wharf
                                            18.             51.9           Pocahantas Road           88.90        Fort Foster
                                            19.             44-58          Chauncey Creek              .15        Vacant
                                            20.             58.4,5         Seapoint Road              2.95        Part of Seapoint
                                                                                                                  Beach





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 11              APPENDIX B:
 .0              SPECIAL HABITATS
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                                 Part I: SPECIAL HABITATS

                    This section discusses the special types of wildlife
               and fisheries habitats that were identified and mapped for
               the 17 towns in this study. Each habitat was identified and
               rated,.if-appropriate, using the most current information
               available. Habitats were mapped on mylar overlays using
               mylar base maps at a scale of 1:10000. The maps are
               available in the 17 town offices, MDIFW offices, and the
               State Planning Office. The Special Habitats identified and
               mapped are:

                       0 Aquatic habitats'
                       * Deer wintering areas
                         Coastal wildlife concentration areas
                       a Colonial nesting seabird islands
                       * Wading bird rookeries
                         Eagle nest sites
                         osprey nest sites
                         Shorebird feeding and roosting areas
                       * Seal haul-outs
                         Least tern and piping plover nesting sites
                         Other special wildlife habitats

                     The objectives of this section were to: 1) document
               known fish and wildlife habitats of-special importance to
               local inland fish and-wildlife; 2) discuss the sensitivity
               of these areas, and 3) present recommendations designed to
               prevent or minimize the impacts of future growth and
               development on these natural resources.



                        (VEWTiFiEp o?4 EMVIRONMENMAL- AAAF=.'



                                                          Table 1. Stioninary of file descripilons ofspecild hablints al- u.-mocinted recorninendullons. (More thillis one type ofspecloil
                                                                       hublial may occur hi a sihe of concern, and nony require the application oul' niultiple recossimentI11114111%).


         Special IL11111315                                       Sylobol/lIallog                                               Description                                                                  Recuminendallons


                                                           1;   Fishcrics/W     Wetlands
         Aquatic Habitats                                                 1-3                         1 ligh value ponds. lakes. rivers. and streams for                    Protect riparian habitat within 25U or mom of all 1-7. 1:3. W2, and W3 areas.
                                                                                                      fisheries.                                                            Within the first 100 feet of the riparian buffer. no development or vegetative
                                                                                                                                                                            manipulation should occur other than accepted fish and wildlife oriansi;eencrit
                                                                          F2                          Moderate value ponds. lakes. rivers. mid streams for                  practices or other activities which will " permanently change die site or
                                                                                                      fisheries.                                                            adversely impact fish and wildlife. Within thi remaining 150 feet, timber
                                                                                                                                                                            harvesting should not remove more than 20% of the volume of trees 6 inches
                                                                          W3                          All coastal salt gnarshes. and all wetlands with high                 or more in diameter. measured at 4 1/2 feet above ground level in any 10-
                                                                                                      value for wildlife.                                                   year period. Single openings in the forest canopy should oil* cscccd 14.OW
                                                                                                                                                                            square feet. In such areas. single canopy openings of over 10,000 square feet
                                                                          W2                          Moderate value wetlands for wildlife.                                 should be no closer than 100 feet apart. Development should not occur
                                                                                                                                                                            within the outside 150 fcd without prior consullation with MDIFV.


                                                                          1.1                         IA)w value ponds. lakes, rivers and streams for fisheries.            Imect riparian habitat within iw or mom oran n and WI areas. Within
                                                                                                                                                                            this riparian buffer. no dcvclopncni or vcgoatioss manirmlation. other than
                                                                          W I                         Wetlands with only slight wildlife value.                             MDIFW approved fish and wildlife management. should occur.

                                                                       W5. 1:5                        Indeicniduate status.                                                 Consult with MD1FW to determine importance of the habilat allot Appropriate
                                                                                                                                                                            land uses.
         Marine Wildlife llabilill.1                                   MWIIIA                         Areas of national or statewide significance                           protect riparian buffer within 250 or mom of the mainland and all islands
  CA                                                                                                  for coastal wildlife. supporting air climplionally high               bordering Class A Areas with no development or halihal onodificati(m
                                                                                                      abundance and diversity of wildlife.                                  allowed. Modification ofolic intcrtidal or subincrgcd lands (turn octiviiics
                                                                                                                                                                            such as dredging. filling. or placement of permanent or scini-ficronancrot
                                                                                                                                                                            structures or mootings should be restricted. Land uses such as marinas and
                                                                                                                                                                            recreational or industrial devchrmcnis that would increase waicr-oricuted
                                                                                                                                                                            activities should be avoided. A detailed land-use wildlife conscrvadon plan
                                                                                                                                                                            should be completed.

                                                                       MW11111                        Arems of significance within a region of                              liroicct riparian buffer within IW or more of the mainland suit all islands
                                                                                                      like Maine coast that supixorts a high                                bordering Class 11 Areas wilh no dcvchopincut or habiiat nuldification
                                                                                                      strundruicc still diversity of wildlife.                              allowed within it. No more than 15% of the inicisidal sort submerged lands
                                                                                                                                                                            areas should be allcred or modified by activities such as dscJging or
                                                                                                                                                                            placement of siniciures. Land-uscs such as marinas and MCMatiOnAll
                                                                                                                                                                            developments could be allowed. Industrial development should not be
                                                                                                                                                                            avoided.

                                                                       MWII/C                         Areas of local significance that suppon                               Protect riparian buffer within IW or more of the mainland mood all islands
                                                                                                      moderate aloundance ;uuJ diversity of wildlife.                       Widering Class C Areas with no dcvchitunceit or habitat modification
                                                                                                                                                                            allowed within it. No more than 25% of the iniciddal and stjlmncfgcd lands
                                                                                                                                                                            area should be altered or imodificol by activities such as dFcdging or
                                                                                                                                                                            placemcni of s1ruciums. Land uses such as marinas and iccrealional
                                                                                                                                                                            developments arc allowed. Light indusidal dcvc1opoical could also lie
                                                                                                                                                                            Allowed.




                                                                                                                                                                                        


                    Deer Wintering Areas                                              D3            High value Deer Wintering Area.   Protect deer wintering areas of moderate and high value (D2 &D3)from
                                                                                                                                      development. Development within D1 & D5 wintering areas should be closely 
                                                                                     D2             Medium value Deer Wintering Area. regulated to prevent fragmentation or loss of significant habitat. Consult with
                                                                                                                                      MDIFW to determine the impact of non conforming land use.
                                                                                     D1             Low value Deer Wintering Area.      Timber harvesting in any deer wintering area can remove as much as 20%
                                                                                                                                      of the total volume in any 15-year period. Single openings in fores canopy
                                                                                                                                      should not exceed 14.000 square feet. In such areas, single canopy openings of
                                                                                                                                      over 10,000 square feet should not be closer than 150 feet apart. Timber
                                                                                                                                      harvesting which exceeds these guidelines should be approved by the town in
                                                                                                                                      consultation with MDIFW's regional wildlife biologist.

                                                                       D5           Indeterminate status.                             Consult with MDIFW.

                    Colonial-Nesting Seabird Islands                                Coastal islands used by seabirds for nesting.     Protect existing habitat. Control development and discourge human distur-
                                                                                                                                      bance during the nesting season (April 1 - August 15).
                    Wading Bird Rookeries                                           Location where great blue herons or other         Protect existing habitat within the colony, control land use activities out to
                                                                                    wading birds nest.                                1320'from the colony perimeter based on recommended levels of protection
                                                                                                                                      for 3 concentric buffer zones, and discourge human activity during the
                                                                                                                                      nesting season (April 1 - August 15).
                    Bald Eagle Nest Sites                                           An active or recently active nest site (since     Protect the area surrounding nest sites from development. Control land use
                                                                                    1962).                                            1320'from the nest tree based on recommended levels of protection for 3
                                                                                                                                      concentric buffer zones, maintain the integrity of existing shoreland habitat,
                                                                                                                                      and protect a supply of nearby alternative nest trees. Discourge human
                                                                                                                                      disturbance during the nesting season (February 1 - August 31) in coastal
                                                                                                                                      Maine and March 1 - September 30 inland).
                    Osprey Nest Sites                                              An active or recently active nest site (since      Control land use activities within 660' of active nests from April 1 - August 15)
                                                                                   1980).                                             in coastal Maine, April 15 - August 15 inland), maintain the integrity of
                                                                                                                                      existing shoreland habitat, and minimize human disturbance during the
                                                                                                                                      nesting period. Colonial-nesting pairs should be buffered collectively.
                    Shorebird Feeding and Roosting Areas                           Traditional areas of use by large numbers of       Protect a 250' or more buffer of existing shoreland habitat, discourage
                                                                                   feeding and roosting shorebirds.                   activities that would diminish intertidal invertebrate populations, and
                                                                                                                                      minimize human disturbance during peak migration (July 10 - September 10).

                    Seal Haul-Owls                                                 Coastal ledges used by seals.                      Discourage disturbance of hauled-out seals, and minimize the risk of oil spill
                                                                                                                                      contamination by directing sitings of major marinas and oil tanker shipping
                                                                                                                                      lanes away front haul-out ledges.
                    Least Tem and Piping Plover Nest Sites                         Sand beaches used by least tems and piping         Specific recommendations have not been developed at this time but will be
                                                                                   plovers for nesting.                               directed toward protecting habitat and preventing human disturbance during
                                                                                                                                      the nesting season. An MDIFW regional biologist should be consulted.
                    Other Special Wildlife Habitats                                Areas of special management concern for            Recommendations will vary with the type of habitat. An MDIFW regional
                                                                                   wildlife. not included in the preceding            biologist should be contact for specific recommendations.
                                                                                   descriptions.
 









              A. AQUATIC HABITATS

                   1.    Sensitivity. Aquatic habitats, which include
                         brooks, creeks, rivers, and streams, great ponds-
                         and lakes, inland and coastal wetlands; marine
                         wildlife habitats; and the extremely
                         important riparian zones that adjoin them,
                         are habitat types*of exceptional value to a
                         wide array of fish and wildlife species.
                         -They are also some of the most sensitive and
                         vulnerable habitat types.*

                         The importance and sensitivity of all wetlands,
                         regardless of size, is well documented. . Wetlands
                         and tidal flats provide critical habitat for
                         nesting and migrating shorebirds, wading birds,
                         waterfowl,- gulls, terns and'raptors. Salt marshes
                         and tidal flats also provide essential habitat for
                         commercially sought fish species, worth millions
                         of dollars annually to Maine fisherman (Townsend
                         and Briggs 1982)..

                         The "riparian zone" is the upland area immediately
                         adjacent-to.a lake, stream or wetland. It
                         functions to protect the wa:ter quality and  the
                         wildlife values of the adjacent aquatic habitat.
                         it also provides a special habitat utilized by
                         many animals as part of their home range or as a
                         travel corridor for movement between undeveloped
                         forested areas. Specifically, riparian zones:

                         --provide essential habitat for a diversity
                           of vertebrate species;

                         --serve as natural fi ltration systems trapping  and
                           assimilating excessive nutrients, sediments and
                           other pollut-ants from upland areas, thereby
                           maintaining aquatic habitat water quality;

                         --maintain suitable water temperatures for aquatic
                           life; and

                         --provide vegetation and invertebrates as food for
                           a variety of fish and aquatic wildlife
                           (summarized- from Brinson et al. 1981, Thomas
                           et al. 1979, Curtis and Ripley 1973).

                         A more complete discussion of the importance c1c
                         riparian zones for fish, birds, and mammals Is
                         contained in Appendix 3.

                    2.   Methods. This report separates aquatic habitats
                         into three types: fisheries', inland and coastal
                         wetlands and marine wildlife habitats.








                      a. Fisheries Habitats M: Fisheries habitats
                         associated with streams and lakes were 4Ldentified,
                         evaluated, and mapped in this project (refer to
                         Appendix 4 for detailed information).

                         Streams (including brooks, creeks, and rivers)
                         were identified using the stream inventory
                         file developed by MDIFW. Data collection included
                         a determination of fish species present, basic
                         water quality and habitat descriptions. In
                         addition, data on drainage areas, lengths, widths
                         and areas of streams, general,surficial geology,
                         and the presence or absence of known aquifer areas
                         were collected from field surveys,-maps and other
                         available sources.

                         Lakes (including ponds) were identified using the
                         computerized lake inventory file (Maine
                         Information Display Analysis System, MIDAS)
                         developed by MDIFV. Only "great ponds" (defined
                         as any natural water body 10 acres or larger or
                         any impoundment greater than 30 acres if bordered
                         by more than one property owner) were included in
                         this study. Data on physical shape, water
                         quality, and fisheries were collected from each
                         lake.

                         A systematic method was developed to rate lake
                         and stream habitats based on their fisheries
                         value. These habitats were placed in one of
                         three rated categories (Fl, F2, or F3) or an
                         indeterminate category (FS) based on their
                         characteristics (Table 2).

                      b. Wetland Habitats M: Both inland and
                         coastal wetlands were identified, evaluated, and
                         mapped using data from MDIFW's.wetland inventory
                         and from the Maine Geological Survey's (MGS)
                         wetland inventory. MDIFW1s wetland inventory is
                         designed to be a continuous study to identify and
                         rate wetlands for their value to waterfowl. The
                         inventory was initiated.in 1965 and is based on
                         aerial photographs and/or ground surveys conducted
                         by department personnel. The inventory includes
                         all wetlands 10 acres or more in size as well as
                         some smaller ones. Numerous wetlands less than 10
                         acres are rich in wildlife, contribute to
                         groundwater recharge, and act as natural
                         filtration mechanisms. Although these wet@land
                         areas were not included in this reDort,
                         they are still valuable and perform many of the
                         same functions.







                           Table 2. Rating and description of fisheries habitats tstreams and lakes).

             Category       Value          Habitat :,Xpe                           Description

                 F3          High            Streams      a) Highly suitable habitat to support game fish.

                                                          b) Contains fish species which are highly sensitive to
                                                             changes in physical features, water quality, or
                                                             temperature,

                                                          c) contains fish species which are rare within study area,

                                                          d) has a quality fishery in high demand.

                                                          e) habitat area of greater than 10 acres occurring
                                                             within main stem of the stream, and

                                                          f) high economic importance.

                                             Lakes        a) High water quality,

                                                          b) heavy fishing pressure,

                                                          c) high species abundance,

                                                          d) high species diversityj

                                                          e) contains fish species which is rare within the study
                                                             area. and

                                                          f) fish species have high incidence of natural
                                                             reproduction.
              ---------------------------------------------------------------------------------------------------


                F2            Medium         Streams      a) Moderately suitable habitat to support game fish,

                                                          b) contains fish species which are moderately sensitive to
                                                             changes in physical features. water quality, or
                                                             temperature,

                                                          c) contains fish species which are moderately common
                                                             within study area,

                                                          d) has a quality fishery in moderate demand,

                                                          e) habitat area of from 5 to 10 acres occurring
                                                             within main stem of the stream. and

                                                          f) moderate economic importance.

                 F2            Medium          LaXes        a) moderate water quality,

                                                            b) moderate fishing pressure,

                                                            c) moderate species abundance,

                                                            d) moderate species diversity and rarity, and

                                                            e) moderate incidence of natural reproduction.
               ----------------------------------------------------------------------------------------------------


                 Fl            Low             Streams      a) Low suitable habitat to support game fish,

                                                            b) contains fish species which are tolerant to changes in
                                                               physical features, water 'quality, or temperatureo

                                                            c) contains fish species which are common within study
                                                               area,

                                                            d) fishery in low demand,

                                                            a) habitat area of less than 5 acres occurring within main
                                                               stem o! the stream, and

                                                            f) low economic importance.

                                               Lakes        a) Low water quality,

                                                            b) fishery in low demand,

                                                            c) low species abundance,

                                                            d) poor species diversity,

                                                            e) species very common. and

                                                            f) minimal or no incidence of natural re;roducz;cn.
               ----------------------------------------------------------------------------------------------------
                 F5            Indeter-        St'reams     a) mapped cr-not mapped
                                minAtC           rakrs
                                                            t) not evaluated or rated as Fl. FZ, or F@








                         Wetlands were rated based on their waterfowl
                         habitat value. Wetlands were placed in one of
                                                             L        W
                         three categories (W1, W2, or W3) if from MDIr
                         inventory, or an indeterminate category (W5) if
                         from MGS inventory (Table 3). A list of the
                         wetland types and their descriptions used in
                         MDIFW1s wetland inventory is found in Appendix 5.

                     c.  Marine Wildlife Habitats (MWH): Marine Wildlife
                         Habitats are locations along the Maine coast
                         which support large numbers of marine birds and
                         seals. These concentration areas are generally
                         associated with islands, ledges and inter-tidal
                         "flats". A combination of aerial surveys and
                         ground surveys and censuses were used to identify
                         these areas. These surveys were conducted during
                         the winter, spring migration, nesting,
                         post-nesting and fall migration periods. The
                         seasonally mapped observations of marine birds and
                         seals were then analyzed to identify and rank
                         Marine Wildlife Habitats.

                         MWH's were delineated by drawing a line around
                         clumped observations seaward to the thirty-foot
                         depth contour when possible, or a distance of
                         approximately-300 feet from the central geologic
                         feature with which the animals were associated.
                         For those areas adjacent to the mainland or
                         islands, the shoreward limit of the wildlife area
                         is 250 feet above mean high water. Each area was
                         rated based on the diversity, abundance and rarity
                         of the wildlife it supported. A full description
                         of the survey and rating methods can be found in
                         the Penobscot Bay Conservation Plan (Woodward et
                         al. 1987). The data for identifying and rating
                         marine wildlife habitats are from two recent
                         projects conducted by MDIFW (Hutchinson and
                         Ferrero 1980, Hutchinson and Lovett 1983).
                         Data for 5 towns !Kittery, Biddeford, Saco, Old
                         Orchard Beach, and Scarborough) were not
                         collected in these previous projects; therefore,
                         marine wildlife habitats in these towns were not,
                         identified. Information in these towns is
                         currently being collected and will be available
                         from the Regional Wildlife Biologist.

                         Marine wildlife habitats were class-ified into o-e
                         Of three categories based on their significance
                         to coastal wildlife (Table

                    3.   Recommendations::


                      a. Fisheries (F) & Wetland (W) Habitats:

                         Distances used in the recormniendations are


                                           10










                Table 3. Rating of wetlands based on waterfowl habitat
                                        value.

             RatinS         value               DescriDtion

               W3            High         a) Excellent waterfowl habitat,

                                          b) heavy use by-ducks and/or
                                             geese, and

                                          c) all coastal salt marshes.


             ------------------------------------------------------------


               W2          Moderate       a) Lacking in one or more
                                        ..,..aspects of prime habitat,

                                          b) significant use by ducks
                                             and/or geese, and

                                          c) would respond favorably to
                                             management.


             ------------------------------------------------------------


               W1            Low          a) Deficient in habitat
                                             requirements,

                                          b) limited use by ducks and/or
                                             geese, and

                                          c) generally would not respond
                                             favorably to habitat manage-
                                             ment.



             ------------------------------------------------------------


               W5       Indeterminate     a) Very poorly drained soils,.
                                             and

                                          b) not evaluated.










                                                                     -ats.
                  Table 4. Classification of marine wildlife habit




                   Class           Value                 DescriDtion

               MWH A (Class A) Exceptional     a) Areas of national and/or
                                                  state significance for
                                                  coastal wildlife,

                                               b) Very high species
                                                  abundance and diversity,
                                                  and/or

                                               c) Includes rare and
                                                  endangered species.


               ------------------------------------------------------------


               MWH B (Class B)     High        a) Areas utilized by more
                                                  common species with
                                                  regularity, and

                                               b) High species abundance
                                                  and diversity.


               ------------------------------------------------------------


               MWH C (Class C)' Moderate       c) Areas of documented but
                                                  moderate wildlife use.































                                        12









                        measured in the following manner:

                        .F1, F2, F3 and F5 areas - distance is measured
                        horizontally from the seasonal high water mark
                        (Figure 2).

                        W1, W2, W3, and WS - for coastal wetlands, the
                        distance is measured horizontally from an
                        identifiable debris line left by tidal action,
                        edge of tidal action or normal storm flowage, or
                        from the edge of vegetation present that is
                        tolerant of salt water and

                                           - for inland wetlands, the
                        distance is measured from the normal high water
                        mark which is identifiable by apparent visible
                        markings, changes in soil character due to the
                        prolonged action of water, or from changes in
                        vegetation.from predominantly aquatic to
                        predominantly terrestrial.

                        W3, W2, F3,and F2--Existing riparian habitat
                        should be maintained within 2501 or more of all
                        W3, W2, F3 and F2 areas. For F2 and -F3
                        areas, the 250'riparian area includes
                        protection for wildlife habitat as well  as water
                        quality and fisheries habitat.

                        The first 100 feet of riparian habitat should be
                        protected from human disturbance.

                        within the remaining 150 feet, timber harvesting
                        .should not remove, in any ten year period, more
                        than 20 percent of the volume on each acre
                        involved of trees six inches in diameter and
                        larger measured at 4 1/2 feet above ground level.
                        Single openings in the forest canopy should not
                        exceed 14,000 square feet. In such areas single
                        canopy openings of over 10,000 square feet shall
                        be no closer than 100 feet apart. Development
                        should not occur within this area without
                        consultation with the MDIFW Regional Wildlife
                        Biologist.

                        Direct filling of wetlands, which eliminates or
                        alters their unique characteristics, should
                        generally be considered unacceptable. Appropriate
                        state and federal laws and permitting requirements
                        must. be fulfilled.










                                          :13



               M, Aw,             W m m@ no                        w an               so,,, Will" 80) an' MR maj

                                                             FIGURE 2
                                    STANDARD METHOD FOR MEASURING RIPARIAN ZONE


















                                                           SEASONA HIGH
                                                            WATER MARK







                                                           STREAM BED




          RESTRICTIVE TREE   UNDISTURBED ZONE                                       UNDISTURBED ZONE     RESTRICTIVE TREE
           I IARV1-s,r ZONE                                                                               HARVEST ZONE










                         W1, F1--Existing riparian habitat should be
                         maintained within 1001 or more of all F1 and W1
                         areas. New development or vegetation
                         manipulation, other than MDIFW-approved fish and
                         wildlife management practices, should not occur
                         within this zone.

                         Direct filling of wetlands, which eliminates or
                         alters their unique characteristics, should
                         generally be considered unacceptable. Appropriate
                         state and federal laws and permitting requirements
                         must be fulfilled.

                         WS, FS--Prior to any activity within 250 feet of
                         a -W5 or F5 area  MDIFW should be consulted to
                         determine the significance of the fisheries or
                         wetland habitat and the.appropriate management
                         recommendations.

                     b.  Marine'Wildlife Habitats (MWH):

                         The land use recommendations for MWH's are
                         designed to protect the wildlife values within
                         each of-the three habitat categories. In many
                         instances, MWH's include "Special Wildlife
                         Features" within.their boundaries such as eagle
                         nest sites, colonial nesting seabird islands,
                         shorebird roosting and feeding areas, or seal
                         haul-outs. When such Special Features occur,   the
                         specific recommendations for each feature
                         (presented in later sections of this report)
                         should be followed as well.

                         MWE A (Class A Area)--An area of national and/or
                         state significance for coastal wildlife.

                         Class A Areas, including the intertidal lands,
                         submerged lands, and surrounding riparian zone
                         should be protected and maintained. Existing
                         habitat should not be degraded through alteration
                         or development.

                         Existing habitat should be maintained within a
                         2501 or more riparian buffer on the mainland and
                         all islands included within Class A areas. New
                         development or other modification to the existing
                         habitat should not occur within this area,
                         except for MDIFW approved wildlife management
                         practices. Also, no additional modification of
                         the intertidal or submerged lands should be
                         allowed by activities such as dredging, filling,
                         or placement of permanent or semi-permanent-
                         structures or moorings.




                                             15






                         Increased water oriented*cictivities within or
                         adjacent to these areas, such as marinas and
                         recreational or industrial developments are not
                         @ompatible land uses.
                         A detailed land use plan should be prepared for
                         each Class A Area. This plan should be.prepared
                         by municipal land use planners in consultation
                         with the MDIFW.

                         Key parcels in Class A areag, such as eagle nest
                         -sites, colonial nesting seabird islands, other
                         Special Wildlife Features, or strategically
                         located, undeveloped habitats in the riparian
                         zone should be targeted for special protection
                         through acquisition, conservation easements, or
                         landowner management agreements.'

                         MWE B (Class B Area): An area within a region of
                         the Maine coast of significance for coastal wild-
                         life.

                         Existing habitat should be maintained within a
                         100'or more'riparian buffer on*the mainland and
                         all islands included within Class B areas. New
                         development or other modifications to the existing
                         habitat should not occur within this area
                         except for MDIFW approved wildlife management
                         practices. Also, no more than 15% of the
                         intertidal and submerged lands area should be
                         altered or modified from activities such as
                         dredging or placement of structures.

                         Land-uses that would increase water oriented
                         activities such as marinas and recreational
                         developments could be allowed. However,
                         industrial development should not occur within
                         these areas.

                         if any Special Wildlife Features occur, their
                         specific management guidelines should be applied.

                         MWE C (Class C Areas): An area of local
                         significance for coastal wildlife.

                         Existing habitat should be maintained within a
                         100'or more riparian buffer on the mainland and
                         all islands included within the Class C areas.
                         New development or other modifications to the
                         existing habitat should not occur within this area
                         except MDIF&W wildlife management practices. Also,
                         no more than 25% of the intertidal and submerced
                         land area should be altered or modified from
                         activities such as dredging or placement of
                         structures.



                                            16











                       Land-uses that would increase water orient ed
                       activities-such as marinas and recreational
                       developments are allowed. Light industrial
                       development could also occur without affecting
                       the value of the area.

                       If any Special Wildlife Features occur, their
                       specific management guidelines should be
                       applied.













































                                         17








              B. DEER WINTERING AREAS
                   1.,   Sensitivity. Winter has long been considered a
                         bottleneck for the survival of white-tailed deer
                         in the Northeast (Severinghaus 1947). During
                         winter, deer in northern climates subsist on often
                         limited quantities of low quality foods, while
                         simultaneously coping with the stresses of low
                         temperatures, chilling winds, and higher energy
                         requirements (Lavigne 1986). when confronted with
                         thermal stress, deer must increase their metabolic
                         heat production and conserve energy to survive.
                         In Maine, studies indicate thait mortality of deer
                         can exceed 35% of the wintering deer herd during a
                         severe winter (Hugie 1973). Frequent severe
                         winters or marginal winter habitat may reduce the
                         deer population to a small fraction of the
                         carrying capacity of its summer range (Potvin
                         and Huot 1983).

                         The primary behavioral mechanism for deer to
                         conserve energy during winter is to move to
                         traditional wintering areas or "deer yards".
                         During winter, deer concentrate into ranges
                         that are only 20-30% the size of their summer
                         range (Bozenhard pers. comm.). These Deer
                         Wintering Areas (DWA's) provide deer with shelter
                         from radiant heat loss as well as improved
                         mobility in snow (Mattfeld 1974). The dense
                         canopy of softwood cover in a DWA moderates the
                         effects of winter by mainitaining warmer than
                         average temperatures and by greatly reducing wind
                         velocity (Lavigne 1986). The dense cover also
                         intercepts much of the snow fall and ground
                         accumulations are packed firmly (Ozoga 1968).
                         This makes travelling much easier for deer and
                         decreases their energy demands.

                         Deer subjected to milder winters (ie. southern
                         Maine) require shelter of.lower quality-than deer
                         inhabiting more severe winter environments (Gill
                         1957, Banasiak 1964). However deer surviving on
                         diets of woody browse readily seek and use winter
                         shelter even in the absence of restrictive snow
                         depths (Ozoga and Gysel 1972).

                         New development and other modi--ications -o the
                         habitat within traditional deer wintering areas
                         reduce the overall ability of an area to support
                         deer during periods of severe winter weather. The
                         more development which occurs within these areas,
                         the greater the impact on local deer mcpulations.
                         The availability of high quality winter range
                         allows a higher winter population cf deer, and
                         enables them to more fully occupy their summer
                         habitat.









                    2.   Methods. Wintering areas for deer were identified
                         using aerial and ground surveys. A Cessna 172 was
                         flown at an altitude of 500 feet or lower and at a
                         speed of approximately 100 miles per hour.     Seven
                         flights were conducted between 16 January and 27
                         February, 1987, and ranged from 2 to 4 hours long.
                         Flight transects were followed from lines drawn on
                         7.5 minute topographical maps, and each transect
                         was 0.5 mi apart. Two observers searched for
                         evidence of tracks from opposite windows of the
                         plane. When tracks or deer were seen, the area
                         was marked on the map.

                         once areas were identified from the air, color
                         infrared photos were used (when available) to
                         position transects for the ground survey. These
                         transects were walked and the following features
                         were noted: 1) dominant overstory type
                         (softwood, hardwood, or mixed), 2) approximate
                         height, 3) crown closure, 4) available browse
                         species, 5) evidence of deer tracks, trails,
                         pellets, beds, or browse.

                         The information collected during the winter ground
                         surveys was used to evaluate each DWA according to
                         the following seven major criteria:

                              Access - Considered the distance from the
                              DWA to the nearest all weather roads. Areas
                              with easy access were considered to be of
                              greater value.

                              Shelter Quality - Considered tree species
                              composition, stand size and aspect. Areas
                              with mature softwoods, a high canopy closure
                              and a southern exposure were considered to be
                              optimum shelter.

                              Browse Availability - Considered browse that
                              is currently available and the potential for
                              existing stands to produce browse under more
                              intensive management. Areas with available
                              browse or the Dotential to mroduce browse
                              with managemen@, were consiaered to be of
                              greater value.

                              Relationship to Other DWAs - Considered
                              relative nroximity to other DwAs. Areas at
                                                                were
                              least three to five miles a=ar@_
                              considered to be of more value.

                              Size - Considered shape and   acreage.   Large
                              areas with a high degree o-E linearity were
                              evaluated to be o46 greater value.







                               Deer Population--Considered the amount and
                               frequency of deer use (tracks, trails, beds,
                               pellet groups) observed during the field
                               survey. Areas with heavy, continuous deer
                               sign were co@sidered to be over-wintering
                               > 50 deer/mi . These areas were considered
                               'io be of greater value.

                               Operability of the Forest Stands (Exclude
                               Access)--The general intent of DWA management
                               is to maintain a proper balance of winter
                               cover and food for the deer utilizing the
                               area. This balance is created and maintained
                               through periodic timber harvesting in the
                               wintering area. Deer Wintering Areas in
                               which timber management and harvesting can be
                               easily implemented and executed have high '
                               operability. Deer Wintering Areas with high
                               operability were considered to be of greater
                               value.

                          Each DWA was rated by evaluating each of the
                          components which make up the seven criteria
                          above (Ap@endix 6) and assigning a value of
                          I through 5 to each criteria. A value of
                          one represented the least desirable condition,
                          while 5 represented the most desirable.

                          Following the evaluating procedure, each DWA
                          was rated and placed in one of three value
                          categories or an indeterminate category for
                          areas which have not yet been.rated (Table
                          5).

                          Based on the aerial surveys and ground
                          checks, boundaries for each DWA were
                          developed, which included the winter cover
                          area and adjacent foraging areas, using
                          color infrared (1:15,000) or black and white
                          (1:60,000) aerial photos.

                     3.   Recommendations. New development is
                          generally not compatible with the maintenance of
                          suitable conditions within deer wintering areas
                          and should be very closely regulated, and in most
                          cases not permitted in areas of moderate (D2) o.-
                          high (D3) value. Prior to any development within
                          areas of low (Dl) or indeterminate (D5) value, it
                          is recommended that IF&W be consulted in the
                          formulation of specific land use restrictions to-
                          prevent fragmentation or loss of significant
                          habitat.

                          Timber harvesting is an essential component   of


                                             20










                Table 5. Rating and Description of Deer wintering Areas
                                          .(DWAs)

               Rat.ing       Value                 Description

               D3             High            Received a value be tween
                                              .22-35 in the evaluation
                                              procedure. These DWA's
                                              constitute excellent deer
                                              winter range. They are
                                              critical to achieve goals and
                                              objectives in MDIFWIs White-
                                              tail Deer-spe,@ies Plan.



               ------------------------------------------------------------


               D2          Moderate           Received a value between 18-21
                                              in the evaluation procedure.
                                              These areas are lacking in
                                              several of the components of
                                              prime habitat, although
                                              through management these
                                              deficiencies may be corrected.
                                              These areas are important to
                                              achieve goals and objectives
                                              i'h MDIFW's Whitetail Deer
                                              Species Plan.


               ------------------------------------------------------------


               Dl           Low               Received-a value between 7-17
                                              in the evaluation process.
                                              These areas may periodically
                                              provide shelter for small
                                              numbers of deer, however, they
                                              do not possess the character-
                                              istics associated with better
                                              winter cover. These areas may
                                              not be essential to MDIFW's
                                              whitetail deer goals and
                                              objectives.


               ------------------------------------------------------------


               D5        indeterminate        These areas have not been
                                              rated.








                          deer wintering area management and should be a
                          permitted activity. The general goal in managing
                          DWA's is to maintain approximately 50% of the area
                          in mature conifer forest types. The individual
                          conifers in mature softwood stands are generally
                          older than 45 years of age, are taller than 35'
                          high and are 7-811 or-larger in diameter at breast
                          height (4 1/2 feet above ground level). To
                          maintain approximately 50% of the wintering area
                          in mature conifer cover, each landowner can
                          harvest as much as 20% of the total timber volume
                          on his ownership in any 15 year period. In
                          addition, single openings in the forest canopy
                          created during timber harvesting should not exceed
                          14,000 square feet. In such areas, single canopy
                          openings larger than 10,000 square feet shall be
                          no closer than 150 feet apart.

                          Non-permanent, minimal disturbance (light or no
                          bulldozing and no graveling of the travel surface)
                          roads are recommended when a land management road.
                          must be located in a DWA to allow access for
                          timber harvesting. The disturbed right-of-way for
                          these roads shall not exceed 30 feet. The road
                          should be limed, fertilized and seeded following
                          timber harvesting activities.

                          Land management activities which are not in
                          conformance with these general recommendations, or
                          which are not specifically addressed by them,
                          should be addressed in a management plan,
                          developed by the landowner, a licensed forester,
                          or a wildlife biologist, and submitted to the town
                          for approval. Consultation with the
                          appropriate MDIFW regional wildlife biologist.
                          prior to the*formulation of any deer wintering
                          area management plan is strongly recommended.

                          The town should have the MDIFW regional
                          wildlife biologist review the deer wintering area
                          management plans prior to grantin4 approval.




















                                          A A.W










              C. COLONIAL NESTING SEABIRD ISLANDS

                   1.    Sens-itivity. Between three and f our thousand
                         islands and exposed ledges occur along the Maine
                         coast. Three hundred and fifty of these are
                         of special significance because they are used as
                         traditional sites by twenty species of
                         colonial-nesting seabirds.

                         Many of these birds are at the northern or
                         southern limit of their range. For several
                         species (common eider, black guillemot, Atlantic
                         puffin, razorbill auk, great cormorant, Leach's
                         storm petrel), Maine is the only state within the
                         contiguous 48 states with breeding populat'ions.

                         Populations of colonial nesting seabirds
                         throughout Maine were decimated by the late 1800's
                         by overharvesting for meat, eggs, and feathers.
                         The growing list of vanishing species sparked
                         national interest, and was the issue of concern
                         which prompted formation of the National Audubon
                         Society and led to the-drafting and promulgation
                         of the Migratory Bird Treaty Act of 1918.

                         Those birds which survived the excessive
                         exploitation of the 19th century responde7d well  to
                         the protective legislation, which coincided with
                         the collapse of many island-based economies.
                         Numerous island communities were abandoned,
                         allowing historic seabird islands to be
                         recolonized by,colonial nesting seabirds.    It is
                         of the utmost importance to understand that both
                         the protective legislation and the off-island
                         emigration of people were requisite to the rapid
                         .recovery of many species which we have observed
                         during the past six decades. Had 19th century
                         levels of human disturbance and occupation of
                         breeding habitat been maintained, existing
                         legislation alone would not have- produced this
                         recovery.

                         Colonial nesting marine birds are extremely
                         vulnerable to the effects of development and
                         associated human disturbance during the nesting
                         season. Disruption of nesting birds at this
                         .critical time can result in excessive mortalitv
                         of chicks and eggs from predation and exposure.







                          The recent explosion of.development along the
                          coast is threatening to reverse this recovery
                          through the escalating demands on islands
                          for recreation and homesites.

                    2.    Methods. Ground surveys and censuses were
                          conducted between 1981 and 1986 to identify and
                          inventory colonies of nesting seabirds.
                          Islands were identified for ground surveys
                          by historic records, the sightings of birds, or
                          the presence of suitable habitat. Islands found
                          with nesting marine birds were censused using
                          direct nest counts and/or visu'al estimates of
                          adult birds.
                    3.    Recodimendatio'ns. The recommendations presented in
                          this-section are broad. They are an attempt to
                          address the full range of possible situations that
                          may arise when human activity influences colonial
                          nesting seabird islands. Where there is doubt
                          about the interpretation or application of these
                          recommendations, it is strongly recommended that
                          the appropriate MDIFW regional wildlife biologist
                          be contacted for assistance.

                          From April 1-to August 15, human use of these
                          islands should be discouraged. Activities around
                          the islands should be conducted far enough off
                          shore to prevent flushing birds from nests
                          (approximately 1/4 mile).

                          Development or building should not occur on
                          seabird nesting islands, except in very rare cases
                          where the nesting colony is located in a
                          relatively small area of a large island, and
                          adequate visual buffers (equal t6 or greater than
                          250 feet) can be maintained to prevent
                          disturbance. Limited construction should only
                          occur after review and approval by an MDIFW
                          wildlife biologist.

                          Recommendations for human use of any seabird
                          nesting island can be developed by the appropriate
                          -MDIFW regional biologist and implemented through
                          cooperative *agreements with private landowners and
                          state agencies having ownership oil., or
                          jurisdiction over, seabird islands. in general,
                          low intensity recreational use, such as picnick.-Lng
                          and hiking,-can be permitted outside the nest.'Mg
                          season. The building of firds should be
                          prohibited at all times.





                                            A.04










              D.    WADING BIRD ROOKERIES

                    These recommendations were developed for great blue
                    herons but in general can apply to other wading birds
                    such as snowy egrets, glossy ibis, black-crowned night
                    herons, tri-colored herons, and'little blue herons.

                    1..  Sensitivity. the stately great blue heron is
                         the largest and most well-known of Maine's wading
                         birds. Returning to the state in March or April
                         from their more southerly wintering grounds, adult
                         herons reclaim nests from the previous year in
                         colonies ranging in size from.two to over two
                         hundred nesting pairs. During the nesting season
                         (approximately 1 April through 15 August) nests
                         are repaired or built anew, and clutches of
                         3-4 eggs are laid and incubated. The young hatch
                         in late May or early June. Young are fed on the
                         nest until they fledge in July or August, at which
                         time the birds abandon the nesting colony and
                        @disperse to coastal and inland feeding areas.
                         Fall migration extends into November, with an
                         occasional bird or two remaining in coastal areas
                         during mild winters.

                         Great blue herons feed on a variety of fresh and
                         salt water organisms. Small fish and marine
                         invertebrates are captured in tidal pools and
                         creeks. Frogs, small fish, and the larger
                         freshwater invertebrates are taken in shallow
                         fresh-water habitats. The great blue heron is
                         extremelv vulnerable to the cumulative effects of







                         areas. Human disturbance of a nesting colony can
                         cause: 1) abandonment of the entire colony;'2)
                         mortality of eggs and young from predation (gulls,
                         ravens, eagles) and exposure; and 3) starvation
                         and predation of young that leave the nest before
                         they are able to fly (adults will not feed young
                         on the ground).

                    2.   Methods. Heron rookeries were located from
                         information obtained from a variety of sources.
                         Historical records and observations during aerial
                         and ground surveys provided the majority of the-
                         locations. Historical nesting sites which
                         continued to have suitable habitat were mapped
                         even if not active every year. The
                         nesting colony is delineated by the outer-most
                         nest trees of the colony.

                    3.   Recommendations. The recommendations
                         presented in this section are broad. They are an
                         attempt to address the full range of possible
                         situations that may arise when human activity
                         influences wading bird rookeries.     Where there is
                         doubt about the interpretation or the application
                         of these recommendations, it is strongly
                         recommended that the appropriate MDIFW regional
                         wildlife biologist be contacted for assistance.

                         Alteration of existing natural habitat within a
                         rookery and land use changes within 1/4 of a mile
                         of the perimeter of a rookery can have a
                         significant impact on future welfare of a wading
                         bird colony. in managing wading bird colonies,
                         recommendations have been developed for the
                         nesting colony and for thr*ee concentric buffer
                         zones around it.

                         The natural habitat within 3301 of the colony
                         should not be-modified unless such actions are
                         deemed essential to improve or maintain nesting
                         opportunity by an MDIFW wildlife biologist.
                         Human use of the area should'be discouraged during
                         the critical nesting period (April 1 - August 15).

                              Incompatible year-round activities:

                                    - Timber cutting without consultaticn
                                      with an MD1FW wildlife biologist,
                                    - Land clearing without consuiltation
                                      with an MD17.w wildlife biologist, and

                                    - Road, trail, or building construct.4;.cn.



                                            OAW 6









                               Incompatible  activities during the nesting
                               period:

                                       Repeated human visitation.

                               Compatible Activities during the non-nesting
                               period:

                                       hiking, fishing (recreational and
                                       commercial) and agricultural
                                       activities.

                         The area.330-660 feet from the colony perimeter
                         should be limited to light land-use activities
                         conducted only during the non-critical nesting
                         period.' Timber harvesting should not remove more
                         than 20% of the available stand volume in any
                         10-year period in this zone. Stand openings
                         created by cutting,should be distributed evenly
                         and each should not exceed an area of 7,500 square
                         feet.

                               Incompatible year-round activities:

                                     - Clear cutting,

                                     - Land clearing (openings greater than
                                       7,500 square feet), and

                                     - Building permanent structures, roads,
                                       or trails.

                               Compatible activities during the critical
                               nesting period:

                                       Minimal human activity, and
                                       Farmi@g or commercial fishing if MD1FW
                                       wildlife biologists have found that
                                       nesting birds are tolerant oil. these
                                       activities.

                               Compatible activities during the non-nesting
                               period:

                                     - Hunting, fishing, hiking, farming,

                                     - Sele ctive thinning-or maintenance of
                                       timber stands using the'guide'lines
                                       stated above, and

                                     - Maintenance  of exis-%ing roads c--?-
                                       trails.







                        The area 660-1,320 feet from the colony perimeter
                        should also be protected from human disturbance.
                        The construction of buildings and roads in
                        this zone can impact the rookery. if the
                        construction of a road or building appears
                        warranted, a MDIFW wildlife biologist should be
                        consulted prior to its beginning. Specific sites
                        valuable to wading.birds (perching areas or
                        potential nest trees) should be preserved, but
                        there are no other land use restrictions for
                        activities conducted during the noncritical
                        period.

                        Because the effects of human disturbance to a
                        colony depend on several factors (including the
                        stage of the nesting cycle, habituation to human
                        activity, size of colony and type of habitat
                        surrounding the colony), any subdivisions or
                        indistrial or commercial developments proposed
                        within one mile of a heronry should be
                        reviewed in consultation with MDIFW to assess
                        potential effects.to the colony.






























                                         04.0s











              E. BALD EAGLE NEST SITES

                   1.    Sensitivity. The bald eagle is the largest bird
                         in Maine, having a wingspan of 7 to 8 feet and
                         weighing from 8 to 15 pounds. They attain
                         their adult plumage (a white head and tail) at   5
                         years of age, at which time they choose a mate   for
                         life. Bald eagles build large stick nests usually
                         in prominent white pines or spruces located within
                         one mile of marine habitats, shallow lakes and
                         ponds, or along larger rivers.   A pair of-eagles
                         returns to the same nest site yearly and will
                         sometimes maintain up to 7 nests within their
                         nesting territory. Bald eagles eat primarily
                         bottom-dwelling fish during the summer months, but
                         shift their diet to birds (primarily waterfowl and
                         gulls) and carrion during the winter. Adult
                         eagles remain near their nest year-round, however,
                         young eagles may wander as far south as Chesapeake
                         Bay before returning to Maine to nest. Eagles
                         from Maine and the region from the Maritime
                         Provinces and Ontario to Saskatchewan are known to
                         winter in Maine. In addition to nesting areas,
                         bald eagles require perch sites.and winter roost
                         sites located near feeding areas.
                         The bald eagle was declared an Endangered species
                         on the Federal Register in, Maine and 43 other
                         states in 1978, and is listed as endangered on the
                         State of Maine Endangered Species List. Maine has
                         the only nesting population of bald eagles in New
                         England. In 1986, 85 pairs of eagles were found
                         nesting in Maine and they produced 75 young.
                         Reproductive rates in Maine remain lower than
                         other populations in North America. However,
                         because of the increased survival of young eagles,
                         due in part to a winter feeding program, the
                         population is still increasing. Prot@ction of
                         traditionally used nesting territories is a key
                         factor in the long-term recovery of Maine's bald
                         eagle population.

                         Human influences such as disturbance around nest
                         sites, shooting,* environmental pollution, and
                         habitat alteration have affectea bald eagle
                         populations. Bald eacle numbers in Maine began a
                         slow but steady decline in colonial times,
                         primarily as the result. of habitat loss and human
                         persecution.  This decline was greatly accelerated
                         in Maine after 1945, when DDT and other
                         organochlorine pesticides were used extensively
                         for spruce budworm and agricultural pest control.
                         These pesticides caused reproductive failure in
                         many birds of prey, and were banned from use in


                                          01@o9







                          North America in 1972. Bald eagles and other
                          birds of prey haVe since -responded with
                          improvements in their reproductive success.
                          Because of slow decomposition rates in Maine's
                          forest soils, DDT still adversel y influences
                          the production of some pairs.

                          Nevertheless, Maine's bald eagle population
                          continues to produce more young each year. New
                          breeding pairs of bald eagles in Maine have been
                          found in recent years, and most often resume use
                          of historic nest sites that were abandoned in the
                          1950's and 1960's.

                          Today, a tremendous increase in land development
                          and recreation is occurring in mid and eastern
                          coastal regions, and has already modified western
                          coastal areas formerly occupied by nesting eagles.
                          Habitat protection and management, particularly at
                          and adjacent to the nest site, are essential to
                          the recovery of bald eagles in Maine.

                     2.   Methods. Annual aerial surveys are conducted in
                          April to check historical and/or known active
                          territories for use and to verify reports obtained
                          during the previous year. Historic nest sites
                          which continue to have suitable habitat were
                          mapped even if not active in recent years.

                     3.   Recommendations. New development and associated
                          human activity within 1/2 mile of an active eagle
                          nest can impact nesting success, and the
                          maintenance of local bald eagle populations. The
                          recommendations presented in this section are
                          broad. They are an attempt to address the full
                          range of possible situations that may arise when
                          human activity influences bald eagle nest sites.
                          Where there is doubt about the interpretation or
                          the application of these-re-commendations, it is
                          strongly recommended that the appropriate MDIFW
                          regional wildlife biologist be contacted for
                          @assistance.

                          Eagles have a prolonged nesting season during
                          which they are extremely sensitive to disturbance.
                          Any activities near the nesting territory may be
                          harmful from the time adults arrive at a nest to
                          the period when young eaglets disperse in late
                          summer.


                          General dates for this critical period  are:

                                Coastal Maine   February 1 - August 31
                                Interior Maine   March l.- September 30



                                           30










                         The first 2 months of the nesting season
                         (courtship, nest repair, egg-laying, incubation,
                         and hatching) are especially critical, and
                         disturbances may cause nesting failure or even
                         abandonment. Adult eagles may occupy nesting
                         territories throughout the year, particularly
                         in coastal regions.

                         Protection recommendations consist of three
                         concentric buffer zones which become less
                         restrictive as the distance from the nest
                         increases. This conforms with the protection
                         suggested in national recovery plans for bald'
                         eagles. Suggested shoreland zoning districts are
                         those defined by the Maine Shoreland Zoning Act.

                         The area 330 feet from the nest should be
                         maintained as an undisturbed nesting sanctuary.
                         The natural habitat should be protected -
                         unless such actions are deemed essential to site
                         preservation'by an MDIFW wildlife biologist.
                         Recreational activities (hunting, fishing, hiking,
                         boating) should be discouraged during the critical
                         nesting period.

                              Incompatible,year-round activities:

                                     Timber cutting without consultation
                                     with an MDIFW wildlife biologist,
                                     Land clearing without cons*ultation
                                     with an MDIFW wildlife biologist,

                                     Road, trail, or building construction,
                                     and

                                     Repeated human visitation.

                              Compatible activities during the non-nesting
                               period:

                                     hiking, fishing (recreational and
                                     commercial), and agricultural
                                     activities.


                         The area 330-660 feet from the nest should be
                         limited to light  land-use activities conducted
                         only during the non-critical period. Any timber
                         harvests should not remove more than 20% o,.E the
                         available stand volume in any 10-year period in
                         this zone. Stand-openings created by cutting
                         should be distributed evenly and each should not
                         exceed an arda of 7,500 square feet.







                              Incompatible year-round activities:

                                   - Clear cutting,

                                   - Land clearing (openings greater than
                                     7,500 square feet), and

                                   - Building permanent structures, roads,
                                     or trails.

                              compatible activities during the critical
                              nesting period:

                                   - Human activity, if minimized, and

                                   - Farming or commercial fishing is
                                     possible if MDIFW wildlife biologists
                                     have found that nesting eagles are
                                     tolerant of these activities.

                              Compatible activities during the non-nesting
                              period:

                                   - Hunting, fishing, hiking, &
                                     agriculture,

                                   - Selective thinning or maintenance of
                                     timber stands using the guidelines
                                     stated above, and

                                   - Maintenance of existing roads or
                                     trails-.

                         The area 660-1,320 feet from the nest should
                         also be protected from human disturbance, and
                         specific sites valuable to eagles (perching areas
                         or potential nest trees) preserved. Construction
                         of buildings and roads in this zone will likely
                         affect the suitability of the nest site.

                         if construction of roads or buildings appears
                         warranted, a wildlife biologist should be
                         consulted prior to their beginning. Buildings and
                         roads should be out of the line of sight from the
                         nest and conform to at, least a 100-foot setback
                         from the shoreline. The integrity of the
                         shoreline vegetation should be maintained by
                         restri(iting cutting along the shoreline and-large
                         snags should be retained for perch trees.

                         Eagle nests may be affected by activities more
                         than 1320 feet from the nest and activities hevond
                         1320' from the nest ma-,,r impact nesting success.
                         individual basis.



                                             3











                    other recommendations:

                         1)   A supply of mature trees should be maintained
                              in the area since eagles prefer old-growth
                              trees to perch and build their nests. Tall
                              white pines are the favored nest and perch
                              trees for eagles in Maine.

                         2)   Nearby shorelines offering  perch trees are an
                              important component of the  nesting habitat
                              and should be preserved in  a natural state.
                              These restrictions generally conform with
                              local Shoreland Zoning ordinances.

                         3)   Site enhancement measures (e.g. posting,
                              making snags available as perch trees,
                              structural bracing of a nest in poor
                              condition, and even building an artificial
                              nest) are feasible and can be evaluated on a
                              site by site basis.

                         4)   Maine's coastal bald eagle  population is-
                              presently expanding westward, recolonizing
                              historic territories. Areas with documented
                              use by nesting bald eagles since the first
                              systematic eagle surveys began in 1962,
                              should therefore be protected from major
                              habitat alterations and large scale human
                              development.






























                                            33








               F. OSPREY NEST SITES

                    1.    Sensitivity. The osprey or "f ish hawk" is a
                          common bird of prey in Maine, and has a wingspan
                        .of 41, to 6 feet. In flight, ospreys are
                          distinguished from bald eagles by their white
                          underparts, a dark patch at the sharp bend or
                          "wrist" of the wings, and their habit of hovering
                          before diving into the water to capture fish.
                          They attain maturity at 3 years of age, at which
                          time they choose a mate for life and begin
                          building a large stick nest that they will return
                          to annually. osprey nests are typically near
                          water, atop snags or live trees having dead,
                          broken tops, but they occasionally nest on exposed
                          rock ledges. Some ospreys are tolerant of h  *uman
                          activity and build their nests on channel markers,
                          utility poles and towers, and artificial
                          platforms. A pair of ospreys may maintain 2 or 3
                          nests within their territory, selecting one to
                          nest in each spring. At some sites in Maine,
                          ospreys nest in colonies of 2 to 11 pairs.
                          In the fall, both adults and young migrate to
                          Central and South America,. going as far south as
                          Argentina and Chile. The young birds remainthere
                          until maturity; then they return to.nest near
                          their place of birth.

                          The osprey population in Maine, as in many other
                          regions of North America, is recovering from a
                          dramatic decline. Like bald eagles, ospreys are
                          extremely sensitive to environmental contaminants.
                          ospreys are still classified as endangered in 8
                          states and threatened in 20 others. However,
                          because of their greater reproductive rates and
                          higher tolerance of human activity, the osprey
                          population in Maine has increased dramatically
                          during the last decade. Survival of these birds
                          depends increasingly on the species' ability to
                          associate with humans. Nesting habitat
                          adjacent to foraging areas continues to be lost,
                          and many birds are forced to adapt to man-altered
                          habitats. As a result, public awareness of
                          ospreys has increased in recent years, and entire
                          communities are now participating in osprey
                          management projects, including artificial nest
                          programs and protection of-na-Lural nest sites.

                    2.    Methods. Nests were located during a 1981
                          aerial survey specifically for osprey (only part
                          of study area), the 1981 or 1982 coastal
                          aerial surveys, and the ground surveys of
                          seabird nesting islands. osprey nes!L- locations
                          are most likely incomplete because there is a
                          regular turnover of nest@ sites by ospreys.


                                            34









                   3.    Recommendations...The recommendations presented in
                         t*nis section are broad. They are an attempt to
                         a@dress the full range of possible situations that
                         may arise when human activity influences osprey
                         nest sites. Wher*e there is doubt about the
                         interpretation or the application of these
                         recommendations, it is strongly recommended that
                         the appropriate MDIFW regional wildlife biologist
                         be contacted for assistance.

                         The strong recovery of osprey populations ifi most
                         parts of Maine, the birds'versatility of nest site
                         selection, @Lnd the large turnover rates of nest
                         sites, indicate that intensive site specific
                         management is not required. As a general rule,
                         during the critical nesting period disturbance to
                         osprey nests should be discouraged. General. dates
                         for the critical nesting period are:

                             Coastal Maine: April 1 to August 15
                              Interior Maine: April 15 to August 15

                         The first 2 months of the nesting season
                         (court-ship, nest repair, egg laying, incubation,
                         and hatching) are the most critical. Disturbances
                         that cause an incubating or brooding bird to flush
                         from the nest can cause nesting failure. ospreys
                         use a loud chirping call or will even attack when
                         visitors venture too close to the nest. These
                         behaviors should.be sufficient warning to leave
                         the nesting area. Signs warning the public to
                         maintain respectable distances from nesting birds
                         should be erected.

                         During the critical nesting period, human activity
                         should be minimized and should exclude
                         construction of major roads and buildings within
                         660' of an active nest. ospreys are variable in
                         the amount of human disturbance they will
                         tolerate. Generally,.pairs that build nests in
                         close proximity to buildings, roads, or on bridge
                         piers, chimneys, channel markers, or utility poles
                         have accepted human activity, and recommendations
                         may be modified in consultation with an.MD1FW
                         wildlife biologist. Most activities are
                         acceztable in this zone outside of the critical
                         nesting season except construction of major roads
                         and buildings. if construction of a road or
                         building appears warranted, an MDIFW wildlife
                         biologist should be consulted prior to its
                         beginning. Buildings and roads within the zone
                         and adjacent areas should be out of sight from the
                         nest and conform to a 100 foot or greater setback



                                          35







                          from the shoreline. The integrity of the
                          shoreline vegetation should be maintained by
                          restricting cutting and retaining large snags
                          along the shoreline protection zone.

                          Selective cutting within 660 feet of a nest
                          is acceptable outside of the critical nesting
                          period, but harvest should not remove more than
                          20% of the stand volume in any 10-year period. A.
                          special effort should be made to preserve snags
                          and clumps of.tall trees for alternate nest sites.

                               Incompatible year-round.activities:

                                     - Clear cutting, and

                                     - Building permanent structures and
                                       major roads (see comments above).

                               Compatible activities during the critical
                               nesting period:

                                     - human activity, if minimized, and

                                     - Farming or fishing (commercial or
                                       recreational) is possible if
                                       nesting ospreys are tolerant of
                                       these activities.

                               Compatible activities during the non-nesting
                               period:
                                     - Hunt*ing, fishing, hiking, farming,

                                     - Selective harvesting of forest stands,
                                       and

                                     - Maihtenance of existing roads or
                                       trails.

                          Colonial groupings of osprey nests (occupied nests
                          separated by less than 1/2 mile) should @e
                          buffered collectively. The guidelines outlined
                          above should be applied to each individual nest,
                          and the colony boundaries should be delineated by
                          a MD1FW wildlife biologist. Colonial nesting
                          ospreys are rare in Maine and   indicate the
                          proximity of a unique, highly productive feedi,.ng
                          area or a severe shortace of suitable nesting
                          habitat.

                          Additional recommendations include:

                          A supply 0.6. mature trees and snags shculd be







                         maintained alo*ng the shoreline for potential nest
                         sites. Tall white pines and broken-topped spruces
                         are favored nest and perch trees for ospreys in
                         Maine.

                    2)   Maintaining the integrity of wooded shorelines
                         greatly enhances osprey nesting and perching
                         habitat. Minimum setbacks of 100 feet or greater
                         for building or road construction along a wooded
                         shoreline not only complies with shoreland zoning
                         ordinances but lessens the influence of new
                         construction on ospreys, eagles and other
                         wildlife. Suggested shoreland zoning districts
                         are those defined by the Maine Shoreland Zoning
                         Act. Shoreline buffers greater than those provided
                         for under Shoreline Zoning may be recommended
                         based on other adjacent resource areas, such as
                         wetlands (W3, W2) or Class A Marine Wildlife
                         Habitats.



                    3)   Community artificial nest platform programs have
                         been successful for ospreys. Artificial platforms
                         can be used to provide nest sites in areas that,
                         lack sufficient natural sites, replace insecure
                         natural nests, relocate nests away from excessive
                         disturbance, and substitute nests located on
                         hazardous or conflicting man-made structures.
                         The design and placement of nest platforms should
                         be under the direction of a MDIFW wildlife
                         biologist..









                G. SHOREBIRD FEEDING AND ROOSTING AREAS

                     1.    Sensitivity. Shorebirds are a closely related
                           group of species that are represented in Maine by
                           the sandpipers, plovers, turnstones, curlews,
                           dowitchers, and phalaropes. The Maine coast is
                           an important feeding and resting area for
                           over 25 species of migratory shorebirds. Six
                           species, including the endangered piping plover,
                           breed along the coast, and one species, the purple
                           sandpiper, is a winter resident.,

                           A large numbers of these birds depend on coastal
                           habitats in Maine for feeding and resting during
                           their long migration from the Arctic breeding
                           grounds to South American wintering areas. During
                           their brief stay in Maine, most shorebirds feed
                           intensively on intertidal invertebrates and nearly
                           double their weight in fat reserves. This fat is
                           used as fuel for the nonstop 2,600 mile
                           transoceanic flight. Although migratory
                           shorebirds are observed briefly in Maine    (from
                           July to September), the coastal habitats   they use
                           are critical to the continued success of    their
                           annual migrations.

                           Shorebird populations are still recovering from
                           tremendous population declines incurred in the
                           late 1800's and early 1900's resulting from market
                           hunting. Several species, including the Eskimo
                           curlew, golden plover, and whimbrel, are,still
                           rare today. However, the continued recovery of
                           all shorebird species depends particularly on the
                           preservation of fall migration areas (Maine and
                           the Bay of Fundy region), wintering quarters
                           (coastal South America) and spring migration
                           stopovers (central U. S. and Canada).

                      2.   Methods. Historic records and ground surveys
                           were used to locate shorebird feeding   and roosting
                           areas. Presence of an average of 50 or more
                           shorebirds during any season was needed to locate
                           one of these areas.

                      3.   Recommendations. The recommendations presented in
                           this section are broad. They are an attempt to
                           address the full range of possible situations thaz
                           may arise when human activity influences shorebird
                           feeding and roosting areas. Where there is doubt
                           about the interpretation or aloplicaticn cf
                           these recommendations, the appropriate MIDI-EW
                           regional wildlife biologist should be contacted
                           for assistance.











                         The continued'importance of the Maine coast to
                         migrating shorebirds depends on the preservation
                         of their feeding and roosting habitats. Commonly
                         used feeding areas include mudflats, salt marshes,
                         sand and gravel beaches, mussel bars, blueberry
                         fields, and bogs. Major roosting habitats are
                         gravel and sand beaches and bars, salt marshes,
                         rocky ledges, fields, and pastures. Each species
                         has preferred feeding and roosting habitats. The
                         importance of a region to a particular species
                         depends on the abundance of its preferred
                         habitats in that region. In general, preservation
                         of intertidal mud and sand flats ' sand beaches and
                         gravel bars would provide feeding and resting
                         areas for a diversity of shorebird species.

                         Feeding Areas. Protection recommendations consist
                         of applying the existing shoreland zoning
                         districts (Maine Shoreland Zoning Act) to protect
                         the most important shorebird feeding areas.
                         Shoreline buffers greater than those provided -for
                         under shoreline zoning may be beneficial based on
                         other adjacent resource areas, such as wetlands
                         (W3, W2) or Class A.Marine wildlife Habitats
                         [MWH(A)I. In addition, activities should be
                         restricted that would substantially alter the
                         integrity of the existing shoreline or influence
                         the abundance or species composition of the
                         intertidal invertebrate populations that the
                         shorebirds utilize for food (e.g., dredging,
                         filling, construction of piers, jetties, seawalls,
                         discharge of human and industrial waste).
                         Shorebirds may shift to other feeding areas if
                         excessive alterations or destruction of intertidal
                         habitats occur. Human activity should be
                         discouraged during peak migration (July-10 to
                         September 10). Activities that would diminish the
                         intertidal invertebrate diversity or abundance
                         should be prohibited year-round.

                              Compatible activities during the peak
                              migration period:

                                      Light to moderate intensity clam or
                                      worm digging, commercial fishing
                                      (except dragging), and recreational
                                      activities.

                              Incompatible year-round activities:

                                    -,Overboard discharge of sewage or other
                                      environmental contaminants on or near
                                      mud.or sand flats used by shorebirds,
                                      and


                                            39










                                     Activities such as dredging or filling
                                     on feeding areas, or dragging within
                                     1/2 mile of mean low tide of feeding
                                     areas that would cause deposition of
                                     sediment especially in Class A and B
                                     wildlife areas.

                         most other activities are compatible with
                         shorebird feeding areas outside of the migratory
                         period, except dredging, filling, or dragging.
                         Building and road construction, forestry and
                         agricultural activities should be out of the line
                         of sight from the feeding area and conform to at
                         least a 75 foot or greater setback from.the
                         shoreline.

                         Roosting Areas. Roosting habitats are extremely
                         limited and highly traditional. The physical
                         characteristics of a roost site offer shorebirds
                         protection from adverse weather and predators, i..
                         addition to a place to rest at high tide. Good
                         roost sites are limited and shorebirds will trav,----'.
                         for miles to a well-protected roost at high tide.
                         Many roosting areas have been used by shorebirds
                         since colonial times.

                         The natural habitat within shorebird roosting
                         area and adjacent shoreland within 250' of each
                         roosting area should not be modified unless such
                         actions are deemed essential.to site preservation
                         after consulting with a MDIFW wildlife biologist.

                              Incompatible year-round activities within
                              250-foot protection zone:

                                   - Land clearing without consultation
                                     with a MDIFW wildlife biologist, and

                                   - Road, trail, or new building
                                     construction.


                              Incompatible activities within 250-foot
                              protection zone during the migratory period:

                                     Human activities (Posting of the area
                                     may be warranted).

                              Compatible activities during the
                              non-migratory period:

                                   - Hunting, fishing, hiking, commercial
                                     fishing, and farming, and

                                   - Selective thinning or maintenance of
                                     timber stands within the 250 foot
                                     zone. 40












                     SEAL HAUL-OUTS

                     A.    Sensitivity. Maine has the largest population of
                           harbor seals of any Atlantic state, and supports
                           the only significant breeding population in the
                           eastern United States. Gray seals, which are much
                           larger than the.harbor seal, are uncommon but
                           regular visitors to Maine's coast, and usually
                           found around remote offshore ledges and islands.
                           The gray seal does not breed in Maine. Although
                           pups are occasionally seen, they have probably
                           dispersed from their birthplaces around Sable
                           Island or the Gulf of St. Lawrence in eastern
                           Canada.

                           Populations of both species were severely depleted
                           by overharvesting through the middle part of this
                           century, but.have increased dramatically during
                           the past twenty years in response to protective
                           legislation. Maine's population of harbor seals
                           has-more than doubled since 1973, to an estimated
                           13,000 plus animals in 1986.(Gilbert and Stein,
                           1981; Wynne, personal communication).

                           All seals use half-tide ledges and island beaches
                           for resting and whelping, and these sites are
                           necessary for the survival of both adults and
                           young. Whelping or "pupping" sites are used from
                           year to year by the same breeding females, many of
                           which were probably born on these ledges
                           (Cowperthwaite, unpubl. data). These specific
                           sites are important because of their proximity to
                           high quality feeding areas, combined with a lack
                           of human disturbance.

                           The attributes of food availability and lack of
                           disturbance also determine selection of haul-out
                           ledges by nonbreeding and post-breeding seals
                           (Ronald, Selley and Heally, 1982). Adult seals
                           undergo a complete pelage molt in mid to late
                           summer. This is a physiological stressful period
                           demanding additional- rest to sustain the increased
                           metabolic activity associated with skin and flur
                           replacement.

                     2.    Methods. Seal haul-outs were located in
                           conjunction with coastal aerial.surveys in 1981 or
                           1982 and ground censuses or seabird nesting
                           islands. Seal haul-outs observed with a-. least 5
                           or more adults or murs were mazved.


                     3.    Recommendations. The recommendat4;.ons
                           Dresented in this section are broad. Thev are an

                                                                       I
                           attempt to address the 'Lull rance c.4 possibi-e


                                             41








                          situations that may arise when human activity
                          influences seal haul-outs. where there is doubt
                          about the interpretation or the application of
                          these recommendations, the appropriate MDIFW
                          regional wildlife biologist be contacted for
                          assistance.

                          Human disturbance and contamination from oil
                          spills are the primary threats to seals at
                          haul-outs.   Curious boaters approaching too close
                          to hauled-out seals, or actually landing on the
                          islands and ledges, will force seals to flee into
                          the water. Young pups can edsily become
                          permanently separated from their mothers,,
                          resulting in death by-starvation. Pups are
                          born without a thick layer of blubber, and must
                          rely on solar energy for thermoregulation during
                          the first few weeks of life. Until pups have
                          acquired a layer of blubber, long periods of
                          immersion in Maine's cold coastal waters can cause
                          death from hypothermia. Curious pups are also
                          slow to avoid boats, and are therefore vulnerable
                          to injuries from boat propellers.

                          The hazards to marine mammals from oil spills are
                          well-documented. Ingestion of petroleum products,
                          and oiling of fur can cause death. Spills in
                          proximity to major pupping areas could be
                          especially disastrous, affecting hundreds of
                          seals.

                          Recommendations for the protection'of seal
                          haul-outs.focus on minimizing both exposure to
                          human disturbance and the potential for
                          involvement with major oil spills.

                          Human activity should be discouraged during the
                          critical period of April 1 - August 15.
                          Informational signs should be posted at major boat
                          launching areas and marinas explaining the
                          problems of human disturbance to seals, and
                          requesting that boaters avoid harassment by
                          remaining at least 200 feet from all seals,
                          whether hauled-out or in the water. Siting   of
                          major marinas and oil tanker shipping lanes  should
                          avoid important haul-out areas.









                                            4A2o











                   LEAST TERN AND PIPING PLOVER NEST SITES

                   1.    Sensitivity. The least tern and piping plover
                         both nest along the Atlantic coast on sandy,
                         coastal beaches. Both are rare and their
                         populations have been declining in recent years.
                         The piping plover is federally listed as
                         Threatened throughout its Atlantic coast range.
                        .In Maine the piping plover and least tern are
                         listed as Endangered.

                         There currently are fewer than 100 pairs of least
                         t*erns nesting in Maine and fewer than 15 pairs of
                         piping plovers. There are only about 12 beaches
                         in Maine where suitable nest sites for these birds
                         exist. At all of the nesting sites, birds are
                         confronted with habitat loss, disturbance from
                         people and their pets, and predation from wild
                         animals and pets. To prevent the loss of these
                         two species from Maine, undisturbed nest sites
                         must be available.

                    2.   Methods. Historic potential and known active
                         nesting sites are annually surveyed by Maine
                         Audubon Society and by MDIFW. These
                         records form the basis of all mapped sites.

                    3.   Recommendations. Specific recommendation  s
                         for these species are being developed by the U.S.
                         Fish and Wildlife Service-but are not available at
                         this time. However, nesting beaches should not be
                         developed and human disturbance and pets should
                         not be allowed in the nesting areas. MDIFW
                         wildlife biologists should be contacted for
                         specific recommendations on a'site-by-site basis.




















                                            43








               J. OTHER SPECI AL WILDLIFE HABITATS

                    1.   Sensitivity. A number of other special wildlife
                         habitats exist for which there are currently no
                         broad recommendations due to their uniqueness. An
                         example is the grasshopper sparrow nest site in
                         Brunswick. These unique habitats are grouped
                         within this "OTHER" category for the purposes of
                         this report. They should be viewed as extremely
                         sensitive environments.

                    2.   Methods. Confirmed occurrences of endangered or
                         threatened wildlife species utilizing a specific
                         location to fulfill all or a portion of their
                         seasonal or annual needs for food, cover and
                         reproduction were mapped in this category. A
                         complete list of endangered and threatened
                         wildlife species is found in Appendix 7.

                    3.   Recommendations. MDIFW wildlife biologists
                         should be contacted to assist in developing
                         specific management plans.

































                                           44





















     

                                                                                                                       SUPRATIDAL ENVIRONMENTS

                                                                                                Environments just above the highest high water datum, but under
                                                                                                        the partial influence of marine processes and forces.


                     sd    Dunce and  vegetated     Unconsolidated sand or gravel depos-          sm   Fresh-Brackish Marsh           Water-saturated, organic-rich sedi-       s  Eollan Flat          Partially vegatated sand flats adja-                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                               vegetation tolerant of constant sub-
                           Beach Ridges             its  capping beach environments,                                                  ments characterised by broad-loafed                               cent to duns fields. Subject to gen-                                                                      
                                                    Dunes are subject to storm waves and                                              vegetation tolerant of constant sub-                              erally northwest winds and occasional
                                                    winds, while gravel beach ridges are                                              mergence in fresh water. Salinity of                              storm flooding.
                                                    subject only to storm wash. Each may                                              interatitial water is less than 5                                                                                                                                                         
                                                    be vegatated with salt-tolerant vege-                                             ppt.                                      sf Washover Flat        sand deposits covering salt marshes 
                                                    tation.                                                                                                                                             behind inlet mouths which originate                                                                                                                                                                                                                                                            s                                                                                                                        from storm washover or inlet salts
                                                    man-made constrictions on former ti-         sm    Man-Made Land                  Structures or fill emplaced by man in                             deposits on salt marshes. Subjects to                                                                                                        
                                                    dal embayments, or on marsh surfaces                                              the nearshore environment.                                        storm washover and spring tide
                                                    transitional between upland and salt                                                                                                                flooding.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    I     rands, and wild ri
                                                    water is less than 5 parts per thou-               and Deposits                   land slopes created by large-scale                                environments. Characterised by fresh-                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              charge periods.
                                                    sand (ppt).                                                                       slumping or sliding of bank material                              water pond vegetation such as pond                                                                                                         
                                                                                                                                      base of the slopes.                                               lilies, reeds, and wild rice. Sub-
                                                                                                                                      ject to daily tidal flooding as well
                                                                                                                                      as inundation during high river dis-
                                                                                                                                      charge periods.        
                                                                                                     INTERTIDAL ENVIRONMENTS



 I
 I
 I
 I
 I
 I                    I
 I
 I               APPENDIX C:
 I               CRITICAL NATURAL AREAS
 11
 I
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                                    s
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                                                                                                 June zz, iy-//
                                              Register of Critical Areas
                    e %*ate Planning'Office is charged with administering the Critical Areas Act. For
                  furth  infori-nation, please contact.the State Planning Office, Critical Areas' Program,
                  184 Stirte Street, Augusta, Maine, 04333, Telephone (207) 2B9-3155.

         1.       Name

                  Appledore Island Her'onry
         2.       Cri ti cc I Area Number 64      1Jd-( ujz@              C(

         3.       Location

                  A.  York County
                  B.  Ki ttery
                  C . Minor Civil  Division Code Number - 31130 T
                  D.  Coastal Islands Registry Number - 81-191
                  E.  Latitude 42-@ 591 2411    Longitude 700 371 00"
                  F.  U.S.G.S. Quadrangle: Isles of Shoals, Maine-New Hampshire 7.5' 1956


         4.       Categories of Critical Areas  Into Which the Area Fal Is

                  A. Areas of significance to the natural sciences
                  B. Ecologically sensitive areas
                  C. Important habitdt

         5.       Owner's Name and Address

                  The.Stor Island Corporation.                              The Shoals Marine Laboratory
                  110 Arlington Street                                      P. 0. Box 88
                  Boston, Massachusetts 02116                               Portsmouth, New Hampshire 03801
                                                                            (has a 50-year lease for the use of Appledore
                                                                            Island) Permanent address on back.

         6.       Boundaries and Size of the Area

                  The critical area is on the northern half of Appledore Island. It is bounded on the north,
                  east, and west by a line 60.96 meters (200 feet) inland from the high water mark and on the
                  south by the Laighton Cemetary, The critical area includes 7.5 hectares,



         7.       A Description of the Area Including a Listing of -its Unusual Qualities and the Recson'(s) for
                  its Inclusion on the Register.

                  A large multi-specied heronry is located on Appledore Island, which lies twelve km southeast
                  of Kittery, within 1/2 km of the New Hampshire border. The island covers thirty-six hectares
                  and eises to an elevation of over sixty feet. The northern end of the island, where the heronry
                  is located, is heavily covered with a dense growth of shrubby trees of common winterberry hoily,
                  black chokeberry, shadbush and chokecherry. On the southern end of the island are a number
                  of buildings used by the Shoals Marine Laboratory, which conducts a summer educational
                  program on the island.
                  The Appledore Island Heronry supports a large number of breeding black-crowned night herons
                  (Nycticorax nycticora ), snowy egrets-(Egretto thula), and glossy ibis (Plegadis falcinellus).




       Register of Critical Areas - Appledore Island Heronry                            -2-
               It is one of six multi- specied heronrites in Maine. The snowy egret and glossy ibis are relatively
               new breeding species in Maine and are at the northern extreme of their breeding range in
               southern Maine. The block-crowned night heron has suffered a dramatic decline within the past
               forty years and now breeds on only eight of Maine's coastal islands. The Appledore Island Heror.
               is included in the register because of its importance as a breeding site for three unusual species
               of waders in Maine. For further information, see the planning report, Wading Birds in Mainef
       -       by Harry. R. Tyler, Jr.

       8.      A Brief Statement Concerning the Type of Management Recommended for the Area Including
               Uses Which Would be CoMpatible With the Values Repres-e-ntecT -by the Area

               It is suggested that the landowner or a designated representative of the landowner iay, at
               his/ker option, institute any or all of the following management suggestions:
               A. Wading -bird colonies shouid be maintained in a natural condition suitable as bird
                               'tat.
                    nesting habi
               B. Wading bird    colonies should not be disturbed by human visitation or activities during the
                    breeding -season. Visitation during the early phases of the breeding period in April and
                    May should be kept to a minimum.
               C.   Trees in which nests are located and trees in the vicinity of the heronry should not be
                    cut down.
               D .  Wading bird colonies should be monitored annually to check on the condition of the
                    nesting area and also count the number of active nests. Colonial birds inventory forms
                    should be completed and sent to: Director, Colonial Bird Register, Cornell Laboratory
                    of -Ornithology, 159 Sapsucker Woods Road, Ithaca, New York 14853.
               E.   Notify the local conservatio n commission of the critical *crec when appropriate.
               F.   The above management suggestions should be revised as more data becomes available
                    about Maine wading bird colonies.'

       9.      Programs Which Directly Affect or are Particularly Relevant to the Use and Management of
               the Area


               Shoreland Zoning - The Town of Kittery has zoned the area two hundred feet from mean high
               tide as a resource protection district.

               Shoals Marine Laboratory prohibits persons from entering the heronry during the breeding season,
               unless accompanied by or under the supervision of Shoals Marine Laboratory's ornithologist,

               Appledore Island is listed on the National Registry of Historic Places. Before the American
               Revolution, as many as six hundred people occupied the island, and remnants of their activities
               may be traced throughout the island. Today, the Isles of Shoals are particularly notable for the
               significance of their land water interfaces. The entire archipelago is utilized extensively for
               intensive studies in marine biology. For further information, see the National Register of
               Historic Places Inventory - Nomination Form.

       10.     A Brief Statement Concerning Publicity About the Area

               Publicity about Appledore Island Heronry should be minimized so that visitors are not attracted
               to the nesting area during the nesting season. Laboratory publications promoting Shoals Marine
               Laboratory educational programs are an exception to this policy.,

       11.     Date Registration Becomes Effective
               August 5, 1977




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                         REGISTER OF 14AINE CRITICAL AREAS

       The State Planning office is charged with administering the
       Critical Areas Act. For further information, please contact the
       State Planning Officel Critical Areas Program, 184 State Street#
       Augusta, Maine, 04333t Telephone 289-3261.

       1.   Name: Kittery Bitternut Hickory Station

       2.   Critical Area Number 605


       3.   Location-:

            A.    York County
            B.    Town of Kittery
            C     Minor Civil Division Code Number - 31130
            D.    Latitude: 430 051 54"     Longitude: 700 451 20"
            E.    U.S.G.S. Quadrangle: Portsmouth, NH-Maine 7.51 (1973)

       4.   Owners' Names and Addresses:

            Enid M. MacGray, Treasurer         Leo W..and Kathryn L. Myers
            Braecopse Realty Trust             51 Old Dennett Road
            20 Holmes Street                   Kittery, Maine 03904
            Needham, MA 02192                  (Lot 6-2)
            (Lot 6-1)

            Janet M. MacGray,   Trustee
            Braecopse Realty Trust
            36 Chester Street
            Chester, NH 03036
            (Lot 6-1)

       5.   Boundaries and Size of the Area:

            The proposed Critical Area covers approximately 5.7 acres
            and includes all of Lot 6-1, 4.6 acres, and -a portion of Lot
            6-2, 1.1 acre. The boundaries and location of the proposed
            critical area are shown.on the attached map.

       6.   A Description of the Area Including a Listing of its Unusual
            Qualities and the Reason(s) for its Inclusion on tHe
            Register:*

            Eight to twelve mature Bitternut Hickory (Carya cordiformis)
            trees are scattered throughout this-woodlot. The woo=ot
            appears not to have been cut for quite some time as
            evidenced by the presence of many large white oaks (Quercus
            alba), and many dead and down trees. Red Oak (Q. rug-rum),
            i7hMte pine (Pinus strobus), beech (Fagus grandif611-57-,and
            black cherry-7P-runus -serotina) also occur in the canopy. In
            the understory,--ETar-tri'lgeb-e;:ry (Mitchella repens), Christmas
            fern (Polystichum acrostichoidesj, junipgrs (Juniperus. sp.),
            and highbush b     berry (Vac-c-11-n-Mum corymbosum) are pregent.








     Kittery Bitternut Hickory Station                             Page 2


          The hickories range in size from tiny seedlings, which occur
          in abundance in the center of the lot, to large trees of
          about 15 inches d.b.h. (diameter at breast height).
          Bitternut hickory is recognized by its large pinnately
          compound leaves, sulfur-yellow buds, and fruit husks with
          winglike ribs.

          The Kittery Bitternut Hickory Station was discovered in June
          1986 by Charles Cormier. Previously unknown from Maine,
          this hickory also occurs on the opposite side of the
          Piscataquis River in Portsmouthr New Hampshire.

          Bitternut hickory is listed as "Endangered" on    the official
          list of Maine's Endangered and Threatened Plants because it
          is only known from one location in the State.

     7.   Action Taken by the Critical Areas Advisory Board:

          On July 29, 1988-the Board voted to include the Kittery
         .Bitternut Hickory Station on the Register of Critical Areas.




     Prepared by Patricia DeHond                         January 19, 1988




     Sa/11



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                                          Kittery Bitternut Hickory Station
                                            Kittery                York County
                                     MAINE




                          MAINE REGISTER OF CRITICAL AREAS,
                       Kittery Bitternut Hickory Station

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                                                                               Date July 1, 1978



                                      Register of Critical Areas

                The State Planning Office is charged with administering the Critical Areas Act. For
                further information, please contact the State Planning Office, Critical Areas Program,
                189 State Street, Augusta, Maine, 04333, Telephone (207) 289-3155.
         1.     Name Explosion Breccia, Gerrish Island
                                                                       
         2.     Critical Area Number - 185 = Natural Area #1980,2242

         3.     Location

                A. York County

                B. Kittery

                C. Minor Civil Division Code Number - 31130

                D. U.S. G.S. Quadrangle - York 15'        Kittery 7.5' Maine 1956

                E. Latitude 43*   04' 06"          Longitude 70* 40' 38"

         4.     Owner's Name and Address

                Warren Delano Jr.                                                Mr. Lyman Delano
                 230 East 79th Street                                            
                 New York, NY 10021                                                                   
                 Also acting as Trustee of Sara Delano Estate
                 P.O. Box 213
                 Kittery, ME 03905
         5.     Boundaries and Size of the Area

                The critical area runs along the shoreline of Gerrish Island, bounded on two sides by
                the mean low water line and the vegetation line. Bounded on the south by the southern tip
                of Seward's Point, the area includes a 300 meter (1,000 Feet) stretch of shoreline running
                northeastward (see attached sketch map). The area includes approximately 1.2 hectares
                (3.0 acres).
 




       Register of Critical Areas   Explosion Breccia,, Gerrish Island                      Page  2

       6.      A Descrietion of the Area Including a Listing of its Unusual Qualities and the Reason(s)
               for its inclusion on the Register

               The shoreline exposure of beccia on Gerrish Island is important because it records the
               sequence of events of the breccia formation. The breccia includes fragments of felsic and
               basic metamorphosed volcanic rocks and basaltic dikes al I jumbled together with random
               orientation of foliation and bedding. Blacks of breccia average about 25 cm. in diameter
               and occur in a closely packed arrangement with essentially no fine-grained matrix. In
               addition a later set of basalt dikes, one 25 meters in width, cut the breccia and are
               believed to correlate with the Cape Neddick gabbro and other similar, geologically
               young,, intrusives in the region.

               This site is of educational and scientific value and merits preservation for further study.

               For more information see the planning report, Significant Bedrock Outcrops in Southern
               York County by Arthur M. Hussey 11.















       7.      Date Registration Becomes Effective

               October 5, 1978


































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      PAGE    492                     NATURAL AREAS INVENTORY                             DATES 5/19/78

      NATURAL AREA IN KITTERY                  IN YORK COUNTY
      

      NATURAL AREA #609         NAME SEA POINT SALTMARSH
      LATITUDE 43-05-00      LONGITUDE 70-40-30 
  
      ESTIMATED ACREAGE : 67.0
      OWNERSHIP: PRIVATE
       
      BRIEF DESCRIPTION:
        EXTENSIVE SALTMARSH ROCKY BEACH AND INTERTIDAL TREE STUMPS. APPROXI-
        MATELY 2000 FEET OF OCEAN FRONTAGE. LAND PRIVATELY OWNED BUT MANAGED
        BY THE TOWN TO PROVIDE FOR SWIMMING AND PICNICING.

      VERIFICATION: BY CORRESPONDENCE/TELEPHONE-SPO

      ESTIMATED OF SIGNIFIGANCE: LOCAL
      DATA SOURCES: NATURAL AREAS INVENTORY 1971
        SPO: DR ARTHUR HUSSEY.
      CRITICAL AREA: NO 
 
      EXTENT OF INFORMATION AND LOCATION:
        MAPPED 1971 COMPLETED: 76-78 UPDATE SPO NAT AREAS

      FIELD CHECKING: NO



      CONTACT:
      NAME: DR ARTHUR HUSSEY               ADDRESS: GEO DEPT BOWDOIN COL
      TOWN: BRUNSWICK                      STATE: ME  ZIP CODE: 04011  PHONE: 725-8731              
 
      MAJOR TYPE: BOTANY
      GENERAL TYPE: SALTMARSH

      DATE OF ENTRY: 1/28/76








 





















     PAGE 1281                  NATURAL AREAS INVENTORY                       DATE: 5/19/78

     NATURAL AREA IN KITTERY                      IN YORK COUNTY

     NATURAL AREA # 2017  NAME KITTERY POINT
     LATITUDE 43-04-48  LONGITUDE 70-41-00

     ESTIMATED ACREAGE: 5.0
     OWNERSHIP: PRIVATE
     
     BRIEF DESCRIPTION:
        2000 TO 3000 YEAR OLD FOSSIL TREE STUMPS FOUND IN THE INTERTIDAL AREA.



     VERIFICATION: BY CORRESPONDENCE/TELEPHONE-SPO

     ESTIMATE OF SIGNIFIGANCE: LOCAL
     DATA SOURCES: NATURAL AREAS INVENTORY 1971
        SPO: DR ARTHUR HUSSEY
     CRITICAL AREA: NO  
         
     EXTENT OF INFORMATION AND LOCATION
       MAPPED 1971 INCOMPLETED: 76-78 UPDATE SPO NAT AREAS

     FIELD CHECKING: NO





     CONTACT:
     NAME: DR ARTHUR HUSSEY          ADDRESS: GEO DEPT BOWDOIN COL
     TOWN: BRUNSICK                  STATE: ME ZIP CODES 04011 PHONE: 725-8731

     MAJOR TYPE: GEOLOGY
     GENERAL TYPE: FOSSILS
     DATE OF ENTRY: 1/27/76
 




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 PAGE 1589                  NATURAL AREAS INVENTORY                     DATE: 2/27/80
 NATURAL AREA IN KITTERY                    IN YORK   COUNTY
 NATURAL AREA # 2389 NAME APPLEDORE ISLAND
 LATITUDE 42-59-20 LONGITUDE 70-36-48
 COASTAL ISLAND # 31191
 ESTIMATED ACREAGE:  90.0
 OWNERSHIP: PRIVATE
 BRIEF DESCRIPTION:
   APPLEDORE ISLAND IS ONE OF EIGHTEEN SIGNIFICANT HIGH DIVERSITY MARINE
   INVERTEBRATE SITES ON THE MAINE COAST. THE SHOALS MARINE LAB OF COR-
   WELL UNIVERSITY CONDUCTS A SUMMER PROGRAM IN MARINE SCIENCES HERE.
 VERIFICATION: BY FIELD CHECKING-SPO
 
 ESTIMATE OF SIGNIFIGANCE: NATIONAL
 DATA SOURCES: PLANNING REPORTS SUBMITTED TO THE CRITICAL AREAS PROG

 EXTINT OF INFORMATION AND LOCATION:
  ****

 FIELD CHECKING: YES
     :  0/ /77 BY WHOM: LEE DOGGETT                ADDRESS: BIGELOW LABORATORY
     :  WEST BOOTHBAY HARBOR STATE: ME ZIP CODE: 04575 PHONE: 633-2173
 LOCATION OF INFORMATION: STATE PLANNING OFFICE
 
 CONTACT:
 NAME: CRITICAL AREAS PROG     ADDRESS: STATE PLANNING OFC
 TOWN: AUGUSTA                 STATE: ME ZIP CODE: 04333 PHONE: 289-3154


 MAJOR TYPE: ZOOLOGY
 GENERAL TYPE: MARINE INVERTEBRATES
 DATE OF ENTRY:         12/ 7/79
 










      PAGE 1269                   NATURAL AREAS INVENTORY                         DATES 5/19/78
      NATURAL AREA IN KITTERY                     IN YORK COUNTY

      NATURAL AREA # 1993   NAME SPINNEY CREEK
      LATITUDE 43-06-24 LONGITUDE 70-46-24

      ESTIMATED ACREAGE: 60.0
      OWNERSNIP: PRIVATE
                    
      BRIEF DESCRIPTIONS:
        ESTUARINE AREA USED FOR EXPERIMENTAL OYSTER SPAWNING BY DEPT OF MARINE
        RESOURCES. THERE ARE A FEW NATURAL AMERICAN OYSTERS.
                         
      VERIFICATIONS: BY CORRESPONDENCE/ TELEPHONE-SPO

      ESTIMATE OF SIGNIFIGANCE: LOCAL
      DATA SOURCES: NATURAL AREAS INVENTORY 1971
        SPO: DRAD STERL REGIONAL BIOLOGIST MARINE RESOURCES
      CRITICAL AREA: NO

      EXTENT OF INFORMATION AND LOCATION:
        MAPPED 1971  INCOMPLETED: 76-78 UPDATE SPO NAT AREAS
      
      FIELD CHECKING: NO



      CONTACT:
      NAME:  BRAD STERL            ADDRESS: BOX 12 DIXON RD
      TOWN:  OGUNQUIT              STATE: ME  ZIP CODE: 03907 PHONE: 646-3322                                                                                                                    . ........... ... .
      
      MAJOR TYPE: ZOOLOGY 
      GENERAL TYPE: MARINE INVERTEBRATES
                                        
      DATE OF ENTRY:    1/26/76







                                                             










             


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    PAGE 54                  NATURAL AREAS INVENTORY                           DATE: 5/19/78
    NATURAL AREA IN KITTERY                  IN YORK COUNTY

    NATURAL AREA #  60 NAME BRAVE BOAT HARBOR
    LATITUDE 43-06-00 LONGITUDE 70-39-50
    
    ESTIMATED ACREAGE: 600.0
    OWNERSHIP: FEDERAL

    BRIEF DESCRIPTION:
         FINE LARGE SALTMARSH WITH LITTLE DEVELOPMENT THAT IS VERY SHALLOW MAK-
         ING ACCESS DIFFICULT. ONLY UNPOLLUTED CLAM FLATS IN AREA BUT GREEN
         CRAB HAS EMERGED AND IS DETRIMENTAL TO CLAMS. SNOWY EGRETS CORMORANTS.

    VERIFICATION: BY CORRESPONDENCE/TELEPHONE-SPO

    ESTIMATE OF SIGNIFIGANCE: REGIONAL
    DATA SOURCES: NATURAL AREAS INVENTORY 1971
        SPO; JOHN GREGG
    CRITICAL AREA: NO

    EXTENT OF INFORMATION AND LOCATION:
       MAPPED 1971 COMPLETED: 76-78 UPDATED SPO NAT AREAS
                                 



       CONTACT: 
       NAME: JOHN GREGG               ADDRESS: JUNGLE RD
       TOWN: YORK                     STATE: ME ZIP CODE: 03909 PHONE: 363-4834
                                                                             
       MAJOR TYPE: BOTANY
       GENERAL TYPE: SALTMARSH

       DATE OF ENTRY: 1/26/76





  
 








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     PAGE 1276                    NATURAL AREAS INVENTORY                           DATES 5/19/76

     NATURAL AREA IN KITTERY                     IN YORK COUNTY


     NATURAL AREA # 2011  NAME KITTERY TIDEWATER
     LATITUDE 43-04-30   LONGITUDE 70-44-00

     ESTIMATED ACREAGE: 90.0
     OWNERSHIP: PRIVATE

     BRIEF DESCRIPTION:
       THIS IS THE FASTEST FLOWING TIDEWATER ON THE U.S. COAST AND THE THIRD
       FASTEST IN THE WORLD.

     VERIFICATION: VERBATIN FROM NATURAL AREAS INVENTORY

     ESTIMATE OF SIGNIFIGANCE: NEW ENGLAND
     DATA SOURCES: NATURAL AREAS INVENTORY 1971
        SPO;FRANK FRISBEE KITTERY POINT PORT AUTHORITY
     CRITICAL AREA: NO

     EXTENT OF INFORMATION AND LOCATION:                 
        MAPPED 1971 INCOMPLETED: 76-78 UPDATE SPO NAT AREAS

     FIELD CHECKING: NO

     CONTACT:
     NAME: FRANK FRISBEE              ADDRESS: PEPPERRELL RD
     TOWN: KITTERY POINT              STATE: ME ZIP CODE: 03905 PHONE:439-1981                                                                                                                             -All
          
     MAJOR TYPE:  HYDROLOGY
     GENERAL TYPE: *****

     DATE OF ENTRY: 1/26/76
 


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        PAGE 151                      NATURAL AREAS INVENTORY                                 DATES  5/19/78
        NATURAL AREA IN KITTERY                       IN YORK COUNTY    
        
        NATURAL AREA #175 NAME ISLES OF SHOALS
        LATITUDE  43-00-00 LONGITUDE 70-36-45
                                                                                       
        ESTIMATED ACREAGE: 150.0
        OWNERSHIP: PRIVATE
     
        BRIEF DESCRIPTION:
             THIS AREA IS AN EXCELLENT MIGRATORY BIRD STOP. HERON ROOKERY AT
             APPLEDORE ISLAND.


        VERIFICATION: BY FIELD CHECKING-SPO
        ESTIMATE OF SIGNIFIGANCE: STATE
        DATA SOURCES: NATURAL AREAS INVENTORY 1971
             SPO;HANK TYLER A PLANNER & BIOLOGIST WITH THE STATE PLANNING OFFICE                                                                                                 
        CRITICAL AREA: NO

        EXTENT OF INFORMATION AND LOCATION:
           MAPPED 1971 COMPLETED: 76-78 UPDATE SPO NAT AREAS

        FIELD CHECKING: YES
        DATE: 7/29/75  BY WHOM:   HANK TYLER     ADDRESS: STATE PLANNING
        TOWN: AUGUSTA                            STATE: ME  ZIP CODE: 04333 PHONE: 289-3154
        LOCATION OF INFORMATION: STATE PLANNING OFFICE                  

        CONTACT:
        NAME: HANK TYLER                 ADDRESS: STATE PLANNING
        TOWN: AUGUSTA                    STATE: ME  ZIP CODE: 04333 PHONE: 289-3154


        MAJOR TYPE: ZOOLOGY
        GENERAL TYPE: WATERFOWL RESTING AREAS

        DATE OF ENTRY: 1/26/76
                                                                                                           
 



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      PAGE 1278                             NATURAL AREAS INVENTORY           DATE:  5/19/78

      NATURAL AREA IN KITTERY                               IN YORK COUNTY
                
      NATURAL AREA # 1994  NAME PISCATAQUA RIVER
      LATITUDE 43-04-45 LONGITUDE 70-43-30        
               
      ESTIMATED ACREAGE: 80.0
      OWNERSHIP: PRIVATE

      BRIEF DESCRIPTIONS:                                                                                                           
         SPAWNING SCALLOPS AT THE MOUTH OF SPRUCE CREEKWHERE IT ENTERS PORTS-
         MOUTH HARBOR. HARVESTING HAS TAKEN PLACE COMMERCIALLY IN RECENT YEARS.

      VERIFICATION: BY CORRESPONDENCE/TELEPHONE-SPO
      ESTIMATE OF SIGNIFIGANCE: LOCAL
      DATA SOURCES: NATURAL AREAS INVENTORY 1971
          SPO; BRAD STERL REGIONAL BIOLOGIST MARINE RESOURCES
      CRITICAL AREA: NO

      EXTENT OF INFORMATION AND LOCATION:
        MAPPED 1971 INCOMPLETED: 76-78 UPDATE SPO NAT AREAS          

      FIELD CHECKING: NO





     CONTACT:
     NAME: BRAD STERL                     ADDRESS: BOX 12 DIXON RD
     TOWN: OGUNQUIT                       STATE: ME ZIP CODE: 03907  PHONE:646-3322

     MAJOR TYPE: ZOOLOGY
     GENERAL TYPE: MARINE INVERTEBRATES

     DATE OF ENTRY: 1/27/76          




                                                                                                                                                        --- - -- ------- -         ----- --







      
 








                                             Register of Critical Areas

                The State Planning Office is charged with administering the Critical Areas Act. For
                further information, please contact the State Planning Officer Critical Areas Program,
                AM State Street, Augusta, Maine,'04333, Telephone (207) 289- 'Jl&l

                Name       Sea Point Marine Invertebrate Area
          2.    Critical Area Number 373 - fo-a-1         A-1-,E@ f2      1.5

          3.    Location

                A.  York County
                B.  Town of Kittery
                C.  Minor Civil Division Code Number - 31130
                D.  Latitude': -430 05' 09" ..Longitude: 700 39' 39"
                E.  U.S.G.S. Quadrangle: Kittery, Maine-N.H. 7.5' (1956)
                      7
          4.    Owner's Name and Address

                Town of Kittery
                Town Hall
                200 Rogers Road
                Kittery, Maine 03904
          5.    Boundaries and Size of the Area

                The critical area north boundary begins on the north side of Sea Point at the eastern boundary
                of Lot 38A. and runs following the high tide lines eastward and then southward to where
                the rocky shore meets the scrid beach, a distance of approximately 1400 feet. The width of
                the critical 'area extends from high tide to low tide, a distance of approximately 50 feet. This
                area includes about 70,000 square feet or 1 .6 acres.







                 Register of Critical Areas - Sea Point Marine Invertebrate Area                     Page 2


            6.   A Description of the Area Including a Listing of its Unusual Qualities and the Reason(s)
                 for its Inclusion on the Register

                 Sea Point in Kittery is a granite headland which protrudes out to sea with Seapoint Beach to
                 the north and Crescent Beach to the south. Tide pools are present along the shoreline.
                 Sea Point is directly exposed to waves from the easterly direction and thereby supports a
                 number of marine invertebrates. At least 59 different species of marine invertebrates have
                 been recorded here at one time or another.

                 Sea Point is a favorite collecting site for professors and their students from a number of
                 universities, colleges and schools, principally the University of New Hampshire and Nasson
                 College. The area is visited because of its accessibility and the variety of marine invertebrate
                 species present. The Town of Kittery's Parks and Recreation Department maintains the area
                 as a recreational area.

                 Species list for the intertidal rocky shore area have been compiled by Dr. Joseph Simon
                 while at the University of New Hampshire, and Dr. Norman Meinkoth of Swathmore College.

                 Species that have been recorded at Sea Point, and which are characteristic of rocky intertidal
                 areas include: the sponge Halichondria panicea; the anemone, Metridium senile; the limpet
                 Acmaea testudinalis; mermaids toenail Anomia simplex; slipper shell Crepidula fomicata;
                 three species of periwinkles: Littorina littorea, Littorina saxatilis, and Littorina obtusata.
                 The blue mussel Mytilus edulis and dogwhelk Thais lap illus also present.

                 Annelid worms that have been collected at Sea Point in the rocky intertidal area include:
                 the Scale worms Harmothoe imbricata and Lepidonotus squamatus; and Spirorbis borealis and
                 Spirorbis spirrillum which are found attached to Fuscus sp.


                 Members of the arthropod phylum found at Sea Point include: the common barnacle
                 Balanus balanoides, the rock crab Cancer irroratus and green crab Carcinus maenas,
                 and iospod Idotea baltica.

                 Echinoderms that live in the tide pools and under rocks at Sea Point and that are characteristic
                 of high species areas include: the brittle star Amphipholis squamata, and Ophiophelis
                 aculeata; the Sea cucumber Cucumaria frondosa; the starfish Asterias forbesi,Asterias
                 vulgaris and Henricia sanguinolenta; and the sea urchin Strongylocentrotus drobachiensis.

                 Noteworthy species found in the rocky intertidal zone include: Zirfaea crispata,the
                 nudibranchs Dendronotus frondosus, Doto coronata, Onchidorus fusca, Onchidorus aspera,
                 and Choryphella rufibranchialis.

                 Sea Point is one of 18 documented high diversity marine invertebrate areas on high energy rock
                 shores on the Maine coast. It is included on the Register because of the high variety of
                 species present and because it is a prime location for educational studies and Marine research.

                 For further information, see the planning report number 55 on Intertidal Bedrock Areas of
                 High Species Diversity by Doggett, Larsen and Sykes.

            7.   Date Registration Becomes Effective

                 October 8, 1981
 







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                                                                                                                              51            KITTERY,
                                                                                                                              -                SW/4 YORK 15'GUADRANdE-:
              9                                                                                                               11771              N4300-W7037.5/7-5

                                                                                                                                                           1956
                                                                                                                                                PHOTOREVISE             7
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           Sisters
           Point                                               SCALE    1:24WO                                                   I MILE
                                                                        0
                                                                                                                 7000 FEET
                                                            2000       3000      4000                  6000
                            low                                                                            I KiLOMETER
                                                       5                0





                                                                                                                                                                                                                                                               i  a


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

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

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

                                                                                                                                                                                                                                                                  . . ........


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


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






                                     Iva frutescens L. var.                                                           oraria Fern.                                  and Grisc.                                                                                                                        Marsh-elder
                                               Number of Towns:                                                       Total-2; known (1980)-2*
                                                         Criteria Met:                                                FEW, NLR, VULN
                                                                                   Range:                             Along coast, western Nova Scotia and southern Maine to
                                                                                                                      Virginia
                                                                            Habitat:                                  Salt marshes
                                   Reasons for Rarity:                                                                At northern limit of range: not rare southward
                                                                       Comments:                                      First reported from Maine in 1976 by Hank Tyler. The Maine
                                                                                                                      stations are vulnerable to winterkill and may fluctuate in
                                                                                                                      health from year to year
                                       CAP Documentation:                                                             3 stations verified but all need further documentation
                                   *Does not include one station for which no voucher specimen was collected: see Note.

                                   LINCOLN COUNTY
                                                    Westport:                                                                   Rocky beach, Hubbard's                                                          Point                                                Field Check 1978
                                                                                                                                     Westport Island                                                                                                                Gawler and Tyler
                                                                                                                                October 11, 1976                                                                                                                    EXTANT
                                                                                                                                L.M. Eastman and C. Paul Wight
                                                                                                                                NEBC


                                   SAGADAHOC COUNTY

                                                   Georgetown:                                                                  Beals Island                                                                                                                        EXTANT
                                                                                                                                July 1976
                                                                                                                                Hank.Tyler
                                                                                                                                MAINE
                                   Clot-U.dp S                                                h                                                                                 Note
                                                                                                 -owed the Critical Areas Program staff a station of Iva frutescens
                                                                                             C@d I
                                                                                                 0 t@
                                   in(Kittery,                                                                  v_
                                                                    @_`Yï¿½rk                  Countyv in 1979. Photographs are on file with the Program, but no
                                   voucher was collected-.'
                           C(K,< Honk T141 r

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

                                                                                                                                                                 ...........






                                                                                                                                                                                                               . . . . . . . . . . . . .
                                                                                                                                                                            %
                                                                                                                                                                                                . . . . . . . . . . . . . . . . . . . . . .                                                                                           . . . . . .

                                                                                                 ... . . . . . . .

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

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














                            CRITICAL AREAS PROGRAM BOTANICAL FACT SHEET NUMBER 114

                  The State Planning Office is charged with administering Maine's
                  Critical Areas Act. For more information please contact the
                  State Planning Office, Critical Areas Program, State House
                  Station 38, Augusta, Maine, 04333; telephone (207) 289-3261.

                                                                         BACKGROUND
                  Name:               Bitternut Hickory, Carya                                     CARYA
                                      cordiformis (Wang.) K. Koch

                  Family:             Walnut family (Juglandaceae)

                  Habitat:            Dry or moist forests.

                  Range:              Southern Quebec to Minnesota
                                      south to Florida and Texas.


                  Phenology:          Flowers appear in spring as
                                      leaves open.

                  Aids to Identification: Large trees with
                  scaly (but not shaggy) bark. Winter buds
                  bright orange-yellow. Leaves alternate,
                  pinnately compound with 5 to 11 (commonly
                  7 or 9) leaflets, the terminal leaflets
                  largest. Fruit rounded, with slightly
                  winged sutures on the husk. Nut slightly
                  angled and tipped with a point.

                                                                                                             
                  Ecological Characteristics: Bitternut
                  hickory is a component of the White                                      C. cordiformis
                  Oak/Red Oak/Hickory Forest Cover Type on
                  well-drained upland soils, and an                                                 
                  associate of White Oak Forest Cover Type
                  on upland loamy soils in the North Central
                  Forest Region. Cutting of oak in the former type has increased
                  the proportion of hickory. Bitternut hickory is also a prominent
                  hardwood in the Swamp Chestnut Oak/Cherrybark Oak Forest Cover
                  Type in the Southern Forest Region, occurring on fine sandy loam
                  soils on ridges.
                                                           3. C. cordiformis (Wang) K. Koch (heart-form; from the nut),Pignut, Bitternut, Swamp-
                  Technical description:                   H., Nover Dur (Que.).-Differ from no. 2 in the lunceolate vuleate senles of overwintering
                                                           buds sulfur-yellow with persistent scurf; leutlets 3-9(-11)m lunceolate to lance-ocate, hardly falcate,
                (1.C. illioensis (Wang.) K. Koch           pubescent beneath; stamens 4; fruit cylindric to compressed, the husk wingless at base, splitting
                 2.C. aquatica (Michx. f.) Nutt            only to below; nut4-locula in lower half, the shell smoothish, gray. -Wet to dry woods,
                                                           stream-banks and swamps, Fla. to Tex., n. to N.H., sw. Que., s. Ont., Mich., Wisc., Minn.
                  4. C. ovata (Mill.) K. Koch)             and se. Neb. - Crosses with no. 1, producing X C. Brownii Sarg. (named in 1913 for its dis-
                                                           coverer, GEORGE M. BROWN); and with no. 4, producing X C. Laneyi Sarg. (named in 1913
                                                           for C. C. LANEY).
                  Page 528 in Gray's Manual of Botany, Eighth Edition (Fernald
                  1950), American Book Company, New York. Used by permission).

                  Illustration from Britton & Brown's Illustrated Flora of the
                  Northern United States and Canada, Second Edition.
 










        Critical Areas Program Botanical Fact Sheet Number 114     Page 2



                           STATUS OF CARYA CORDIFORMIS



        PROPOSED ENDANGERED IN MAINE:


             CURRENTLY KNOWN STATION-
                  1987: Kittery, along Spinney Creek (new State record)

             VOUCHERED BUT NOT RECENTLY SEEN STATIONS-
                  None


        STATUS IN OTHER AREAS:
             Apparently common in other statesand provinces where it
             occurs.


        POPULATION TRENDS: Unknown.


        REASON FOR RARITY:
             Bitternut Hickory is at the Northern limit of its range in
             Maine.



        SIGNIFICANCE LEVEL: State


        RARITY CRITERIA MET: Few populations



                                  JUSTIFICATION


             This species has been included on the draft list of Maine's
        plants that are Endangered or Threatened by meeting the criteria
        contained in An Act to Establish an Official Endangered Plant
        List. This fact sheet was prepared following the recommendations
        in An Annotated List of Maine's Rare Vascular Plants, prepared
        for the program by Susan C. Gawler (1981).



             Additions to and/or corrections of the material herein are
        welcome.


        This fact sheet prepared by Patricia E. DeHond       May 16, 1988





        td/wp/5/02








                                      CRITICAL AREAS PROGRAM BOTANICAL FACT SHEET                                     NUMBER 95
                       The State Planning Office is charged with administering Maine's Critical
                       Areas Act. For more information, please contact the State Planning Office,
                       Critical Areas Program, 184 State Street, Augusta, Maine 04333; telephone
                       (207) 289-3261.

                                                                           BACKGROUND


                Name:              Triosteu aurantiacum Bickn.
                                   (=Triosteum perfoliatum L. var.
                                   aurantiacum (Bickn) Wieg.) Wild
                                   Coffee, Orange-fruited Horse Gentian
                Family:            Caprifoliaceae (Honeysuckle family)

                Habitat:           Rich, moist woods, alluvial thickets
                Range:             Cape Breton to western Ontario,
                                   Minnesota, south to North Carolina,
                                   Kentucky, Kansas
                Phenology:         In Maine flowers in June, fruits.
                                   green in summer, mature to bright
                                   orange by fall.


                Aids to identification: Orange-fruited Horse Gentian is a coarse, tall, and
                   hairy perennial herb. Its large eggshaped leaves grow in pairs, usually
                   united by a ridge around the stem. The flowers, borne 1-4 in the axils of
                   the leaves, are a dull red-purple, somewhat bell-shaped, with five unequal
                   lobes. The most distinctive feature of the plant are its conspicuous bright
                   orange hairy fruits crowned by persistent sepals. Some authors treat this
                   species as a variety of Triosteum perfoliatum which does not occur in Maine
                   and is generally larger, hairier, with regular, tubular flowers and leaves
                   that meet around the stem.


              Ecological characteristics: Although it can apparently grow in shade, in dry
                   or rocky woods, this species seems to grow most vigorously in rich, moist
                   soil where it receives atleast partial sunlight. Usually fruits abundantly.
                                                         1. T. perfoliatum L. (with leaves meeting around the stem). TINKER'S-WEED, WILD COFFEE.
                                                        -Coarse, 0.5-1.2 dm. high; stem densely glandular-puberulent above; leaves dark green,
                                                       thickish, densely velutinous-puberulent beneath, oval to oblong-ovate; the larger with mature
                Technical description:                 blades 0.5-1.5 dm. broad, 1-3 dm. long; 3-5 of the middle ones strongly panduriform, the connate
                                                       enlarged bases of the larger 3-9 cm. broad; flowers erect, mostly 3 or 4 to an axil; calyx-lobes
                                                       alternuate to acute tips, 0.9-2 (av.1.4) mm. broad; corolla lubular-campanulate, hardly bilabiate,
                                                       0.8-1.7 cm. long, firm, yellowish or greenish to dull purple, densely glandular-puberulent, about
                                                       equaling stamens; style usually exserted 1.5-3 mm.;fruits subglobose, dull orange-yellow. - Rocky
                                                       or thin soils, woods and thickets, Ga. to e. Kans., n. to Mass., e. N.Y., W.Va., Mich., Wisc.,
                                                       Minn. and Neb. FL. mid-May-early July: fr. Aug.-Oct.
                            2. T. aurantiacum, Bickn. (orange-colored), WILD COFFEE.- Differing from no. 1 in stems
                           less densely glandular-puberulent, usually with spreading glandless hairs up to 1.5 mm.long;
                           leaves all distinct and tapering to narrow bases or rarely 1-3 pairs with undilated connate bases
                           1-2 cm. broad, the lower surfaces less densely pubescent; flowers 1-3 in an axil; calyx-lobes
                           blunt or merely acutish, 1.5-2.8 (av. 2) min. broad; corolla dilated above, distinctly bilabiate,
                           red-purple, petaloid, much exceeding stamens; style usually included; fruit ellipsoid-ovoid, bright
                           orange-red. (T. perfoliatum, var. Wieg.) - Rich woods and thickets, C.B., w. N.B. and a. Que.
                           to W. 0nt., a to N.E., Md., upland Ga., Ky., Ill., and Ia. Fl. mid-May-July; fr. Aug.-Oct.
                           In neighboring areas flowering later than no. 1.
                           page 955            in Gray's Manual of Botany, Eighth Edition (Fernald 1950)
                                             American Book Company, New York. Used by permission.

                       Illustration from Britton & Brown's Illustrated Flora of the Northern United
                                                                 States and Canada, 2 ed.

                                                                                 OVER
 





         Critical Areas Program Botanical Fact Sheet Number  95                     page 2

                        STATUS OF   Triosteum aurantiacum


         IN MAINE
             Currently known stations:.
             Aroostook County: Caribou - steep slope along railroad tracks above
                                          Aroostook River, seen 1982




             Vouchered but not recently seen.stations:

             Aroostook County: Washburn    rivershore, 1941

             Cumberland County: Sebago - along smal.1 stream.E. Sebago, 1933

             York County:       Kittery - woods, 1916; rocky slope near sea  beach,
                                          Kittery Point, 1950.;
                                York - oak-hickery woods, York Harbor, 1961


         OTHER STATES /PROVINCES: also rare in New Hampshire, Georgia,) Iowa and Nova
             Scotia.





         POPULATION TRENDS:  Unknown



         REASON FOR RARITY:  at northern limit of range



         SIGNIFICANCE LEVEL: State                   RARITY CRITERIA MET: FEW, Northern limit
                                                                           of range



                                            JUSTIFICATION

             This species has been included on Maine's working rare plant list on the
             recommendation of Maine botahists and by meeting the criteria for inclusion
             contained in Rare Vascular Plants of Maine, a Critical Areas Program report
             (1981). Herbarium citations and additional information may be found in that
             report. This fact sheet was prepared following the recommendations in An
             Annotated Litt of Maine's Rare Vascular Plants,, a report prepared for OF
             Pr6grim by Susan C. Gawler (1981).

             Additions to and/or corrections of the material herein are welcome.


             Prepared by Barbara St. John Vickery                           January, 1983










                       REGISTER OF MAINE CRITICAL AREAS

       The State Planning office is charged with administering the
       Critical Areas Act. For further information, please contact the
       State Planning Officer State House Station 38, 184 State Street,
       Augusta, ME 04333. Telephone (207) 289-3261.

       1.   Name: Kittery Wild-Coffee Station

       2.   Critical Area No. 603


       3.   Location:


            A.  York County
            B.  Town of Kittery
            C.  Minor Civil Division Code Number - 31130
            D.  Latitude: 430 051 42"    Longitude: 700 391 57"
            E.  U.S.G.S. Quadrangle: Kittery, Maine-NH 7.51 (1973)

       4.   Owner's Name and Address:

            Mr. and Mrs. Douglas E. Welsher
            9 Brandy Street
            Medford NJ 08005
            (Lot 64 - 10A)

       5.   Boundar ies and Size of the Area:

            The Crit.ical Area is located on the northern end of Cutts
            Island along a privately owned.residential dirt road.
            The area is bounded on its northern side by a small
            dirt driveway that leads to a house and tennis court.
            The eastern boundary is along the road; the southern.
            boundary ends where a driveway on the* eastern side of
            the-road leads to the ocean. The Critical Area
            extends back from the road (western boundary)
            approximately 100 feet; total area includes 0.34 acres
            (0.14 hectare).

       6.   A Description of the Area Including a Listing of its
            Qualities and the Reason(s) tor its Inclusion on =e
            Register:

            On the northeastern end of Cutts Island a large, robust
            population of the rare orange-fruited horse-gentian
            (Triosteum aurantiacum) thrives in a shallow wooded gully.
            Orange-frUiCe-dhorse-gentian, also known as wild-coffee, is
            found growing in rich, moist woods and alluvial thickets
            from Cape Breton to western Ontario, Minnesota, southern to









     Kittery Wild-Coffee Station                              page 2



          North Carolina, Kentucky, and Kansas. It is also considered
          rare in New Hampshire, Georgia, Iowa and Nova Scotia. In
          Maine there are only two stations currently known and only
          five others historically recorded. For more information see
          Botanical Fact Sheet No. 95.

          Wild-coffee or Orange-fruited horse-gentian is a coarse,
          tall and hairy perennial herb. It has large, egg-shaped
          leaves and in the axils of these leaves, in early fall, the
          bright orange fruits mature and are very conspicuous.

          At the Kittery Wild-Coffee Station several hundred orange-
          fruited horse-gentians grow in a 150 foot stretch alongside
          the road. The plants are found in rich woods with an
          overstory of red oak (Quercus rubra) and shagbark hickory
          (Carya ovata). Shagbar     ic ofy-stands are also significant
          because- =13 ory reaches the northern limit of its range in
          Maine. The understory is composed of honeysuckle (Lonicera
          sp.), early meadow rue (Thalictrum sp.), beggar's 117-c-e
          (Hackelia virginiana), jewelweed (Impatiens capansis),
          blackberry (Rubus allegheniensis), and false solomon's-seal
          (Smilacina racemosa).

          The Kittery Wild-Coffee Station qualifies for inclusion on
          the Register of Critical Areas because it supports a large
          population of the rare Triosteum aurantiacum which is one of
          only two currently known stations in Maine and is of State
          significance. This plant is listed as Threatened on the
          Official List of Maine Plants that are Endangered or
          Threatened.

     7.   Action Taken by the Critical Areas Advisory Board:

          On July 29, 1988 the Board voted to include the Kittery
          Wild-Coffee Station on the Register of Critical Areas.



     Prepared by Naomi Edelson                                 July 1987






     wp/7/14
















                                                                        LOT
                              0         200 FT                LOT        13
                                                               11A

                                                     LOT
                                                     lie
                                                   /TENNIS ASS
                                                                        LOT 14







                                       LOT
                                        IOA



                                                              LOT 15







                     41,
                                                    LOT 16





                                                                              k
                                               LOT                            x
                                                 17
                                                                            Nl@









          KITTERY RARE PLANT STATION





            MAINE REGISTER OF CRITICAL AREAS
                  Kittery Wild-Coffee Station






                                  ell
                 Di: 717Z,1-


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                                                                      26









                                                SCALE

                                              1:24,000
                                  0               .5               1      County- York
                                  Pm                           iiiia
                                                               miles      USGS 7.5'Quadrangle-
     Location MaD                      Contour Interval    Feet            Kittery, Maine - N.H. (19731




 I
 I
 I
 I
 I
 I
 I
 I              APPENDIX D:
 I              EXISTING KITTERY PORT
 I              AUTHORITY RULES &       I
                REGULATIONS
 I
 I
 I
 I
 I
 I                         -
 I
 I
 I









                                 TOWN OF KITTERY
                                 PORT AUTHORITY
                              RULES AND REGULATIONS
                       PERTAINING TO THE HARBORr PORT AND
                   CHANNELS WITHIN THE TOWN OF KITTERYr MAINE



             These Rules.and Regulations are promulgated under Section 4
        of the Act Creating the Town of Kittery Port Authority, 100th
        Legislature of the State of Maine, HP 682 (Legislature Document
        No. 960), and under the general laws of the State as amended from
        time to time and shall have the force and effect of law as
        municipal ordinances and shall be construed in accordance with
        Title 38 M.R.S.A. as amended. These rules and regulations apply
        to boats, boating and the use of waters within the Town of
        Kittery. For regulations and ordinances regarding constructiont
        alterationsr addit@ons or changes to new or existing structurest
        wharves or piers'see applicable sections of-the Town of Kittery
        Land Use and Development Code Zoning Ordinances.

        I.   DEFINITION

             A.   Berth: The place where a ship lies when at a wharf or
                  pier.

             B. . Channels: Areas'-of the harbor kept open for navigation
                  or other purpose by rule or regulation of the Port
                  Authority, the Department of Army or other regulatory or
                  legislative body.

             C.   Dock: The slip or waterway extending between two (2)
                  piers or projecting wharves or cut into the land for the
                  -reception of vessels.

             D.   Float: A platform that floats and is anchored, moored
                  or secured at or near the shorer used for landing or
                  other purposes.

             E.   Harbor: The harbor shall include the tidal waters
                  within the geographical limits of the Town of Kittery,
                  Maine.

             F.   Harbor Master: An officer employed by the Port
                  Authority to oversee the jurisdictional area of the
                  Authority with power to make arrests, and having the
                  authorityr duties and responsibilities conferred by
                  State statute and municipal rules, regulations and
                  ordinances.

             G.   The Kittery Port Authority: A board of seven members
                  appointed by the Kittery Town Council, without
                  compensation, for the purposes and duties contained in
                  the above actr and the Land Use and Development Code








                Zoning ordinance, and to serve the Council in the
                construction, maintenance and addition to town wharves
                under the jurisdiction of the Port Authority. Port
                Authority members in their role will adhere to conflict
                of interest protocols as outlined under the General
                Provisions of Article XII of the Town Charter.

           H.   Landing: A place for landing or discharging persons or
                things, as from a vessel.
           I.   Mooring: A mooring"is a permanent, adequate means of
                securing a boat to the bottom in an anchorage.
           J. * Transient Courtesy Moorings: A Transient Courtesy
                Mooring, other than one maintained by the Town of
                Kittery, shall be a private mooring provided by
                commercial business and service organizations, including
                yacht clubs, for the occasional and limited use of
                guests.

           K.   Pier: A breakwater or mole extending into the harbor
                for use as a landing place, a promenade, or to protect
                or form a harbor; a structure built out into the water
                with piles for use as a landing place.

           L.   Port: The port includes the town wharves at Kittery and
                Kittery Point, together with  all now known landings or
                wharves that might be acquired by the Town of Kittery or
                the Port Authority.

           M.   Vessels: Vessels shall include boats of all sizes
                propelled by sails, machinery or hand; scows, dredges,
                shell fish cars and craft of any kind.

           N.   Wharf: A structure of timber, masonry, cement, earth or
                other paterial, built o *n the shore of a harbor, river,
                canal, or the like, especially on extending parallel to
                the shore line, so that vessels may lie close alongside
                to receive and discharge passengers and cargo.

           0.   Marina: A marina is a dock or basin providing secured
                moorings for motor boats and yachts and often offering
                supply repair and other facilities; a dock or basin
                providing dockage, supplies and services such as storage
                and repairs to small crafts.

           P.   Mooring waiting list: A chronological lis  't or lists of.
                boat owners requesting mooring space in the tidal waters
                of the Town of Kittery. Persons shall be selected from
                such list or lists in accordance with the allocation
                provisions described in these Rules and Regulations.

                Mooring Permit: Shall be the assignment by the Harbor
                Master of a mooring space. All such mooring permits
                                        2








                  shall be issued by the Harbor Master upon application by
                  the boat owner according to these Rules and
                  Regulations.

            R.    Municipal resident: "Municipal resident" means any
                  person who occupies a dwelling within the Town of
                  Kittery for more than one hundred eighty (180) days in a
                  calendar year.

            S.    Commercial use: The boat shall be considered as used
                  for commercial use when its principal purpose or use is
                  in the pursuit of one's business or trade for the
                  purpose of earning a livelihood. The burden of proof in
                  establishing the commercial use of a boat shall be upon
                  the boat owner.


       HARBOR USE REGULATIONS:

            A.    Speed of vessels, reckless operation: Vessels shall be
                  operated.in the harbor at a reasonable speed and in such
                  a manner as not to endanger craft, personso. or property.
                  Vessels shall be operated so they do not create an
                  excessive or damaging wake nor exceed a speed of five
                  (5) knots in t-he following areas:

                  1. -Pepperrell Cove including Chauncey Creek: In an
                       area'North of a line from Fishing Island Buoy No. 4
                       to the Northern end of Gooseberry Island.

                  2.   Spruce Creek: The area from Hicks Rocks Spindle
                       below Kittery Point Bridge to fifty (50) yards
                       north of the old railroad tressel in Spruce Creek.

                  3.   Back Channel: The area from Can No. 3 to the
                       westernmost end of Badgers I-sland in the vicinity
                       of Nun Buoy No. 18.

            B.    Channels: Channels for the passage of boats shall be
                  maintained in the area under the jurisdictional limits
                  of the Port Authority and shall be clear of any and all
                  obstructions.

                  1.   A channel is established from Nun Buoy No. 4
                       (Fishing Island), one hundred fifty (150) feet
                       wide, to the town wharf at Kittery Point; also a
                       fifty (50) foot wide deep water channel at the
                       entrance of Chauncey Creek from Nun Buoy No. 4 to.a
                       line from the southern end of Phillip's Island
                       (which is sometimes known as Moore's Island) to the
                       northern end of Gooseberry Island. Chauncey Creek
                       above this line shall be maintained as a mooring
                       area with the Harbor Master laying out moorings in
                       such a manner as to insure that the channel shall
                       not be obstructed. The Harbor Master may require
                                        3








                       bow and stern moorings, if necessary to insure
                       clear passage in this area.
                 2.    A fifty (50) foot channel is established from River
                       Buoy No. 6 at Hicks Road north and westward up the
                       Back Channel between Can No. 3 and Nun No. 8
                       through to the westernmost.end of Badgers Island in
                       the vicinity of Nun Buoy No. 18.
                 3.    A fifty (50) foot channel is'established from Hicks
                       Rocks Spindle b'elow Kittery Point Bridge to fifty
                       (50) yards north of the old railroad tressel in
                       Spruce Creek.

            C.   Anchorage: Vessels.shall be anchored in the harbor in
                 such places or areas as the Harbor Master shall direct.
                 The Harbor Master may at any time order any vessel at
                 anchor to change position whenf in the exercise of his
                 judgment, he determines that such vessel is so anchored
                 as.to impede navigation or to endanger other vessels.
                 The normal anchorage area is designated as being to the
                 north and west of Nun Buoy No. 4 and to the west of
                 Pepperrell Cove mooring area.

            D.   Moorings: These regulations are promulgated to meet the
                 U.S. Army Corps of Engineers requirements for Federal
                 Anchorages and Title 38, Maine Revised Statutes
                 Annotated (M.R.S.A.)p 51 et. seq. as amended:

                 1.    All mooring spaces  except as otherwise provided by
                       38 M.R.S.A. 51 et.  seq. shall be under the
                       exclusive control of  the Harbor Master and must be
                       assigned according to the allocation provisions of
                       this section from an established mooring waiting
                       list of boat owners maintained by the Harbor
                       Master. Allocation shall be governed by the
                       following provisions:

                       a)   If at the time an individual applies for a
                            mooring there is no waiting listr this
                            individual shall be assigned a mooring without
                            regard to allocation provisions.
                       b)   If there  are applicants who are nonresidents
                            who wish  to moor a vessel the principal use of
                            which is  commercial and less than ten percent
                            (10t) of  the assigned moorings are currently
                            assigned  to persons fitting this descriptionf
                            the next  mooring available shall be assigned
                            to the first such person on the list.
                       c)   If there are applicants who'are nonresidents
                            who wish to moor a vessel the principal use of
                            which is  noncommercial.and less than ten
                            percent  (10%) of the moorings are currently
                            assigned to persons fitting this description,
                            the next mooring available shall be assigned
                            to the first such person on the list.
                                         4









                        d)   If both nonresident noncommercial and
                             nonresident commercial assignments are below
                             ten percent (10%) and there are both types of
                             applicants on the waiting list, the available
                             space shall be assign*ed to an applicant in the
                             category that is the farthest below ten
                             percent (10%). The burden of proof in
                             determining residence and the principal use of
                             a vessel shall be upon the applicant.
                        e)   If more than ten percent (10%) of the   moorings
                             are currently assigned to nonresident
                             noncommercial or nonresident commercial, the
                             next mooring available shall be.assigned to
                             the first individual on the list in the ratio
                             of ten (10) residential moorings to each
                             nonresidential mooring, so that every eleventh
                             (11th) mooring issued by the Harbor Master
                             shall be issued to the next nonresident
                             commercial or noncommercial mooring
                             applicant.
                  2.    Mooring waiting list applications are available
                        from the Harbor Master. Application permits for
                        existing mooring permit holders will be processed
                        annually by the Harbor Master. The Harbor Master
                        shall review this application permit with regard to
                        space available for the type of boat so indicated,
                        -and with consideration of all local and state
                        ordinances, rules and regulations. An individual's
                        name on the waiting list may only be listed once.
                        The procedure'for individuals to add their names to
                        the list shall be posted in a public place. The
                        list shall be considered a public document under
                        the Freedom of Access Law.
                  3*    Application permits shall be filled out in the name
                        of only'one (1) individual boat owner regardless of
                        whether there is.multiple ownership or registration
                        of the boat. Notwithstanding the above, permits or
                        renewal permits may be filled out in the name of
                        two (2) individuals if they are spouses at the time
                        of the permit or renewal permit application.
                  40    Upon approval by the Harbor Masterr it is the
                        responsibility of the applicant to submit the
                        approved application permit to the Town Clerk
                        together with all fees due. The schedule of fees
                        for such permits and applications will be
                        established by the Port Authority in accordance
                        with M.R.S.A. Title 38 51 et. seq. Registration
                        number and location for such mooring will be
                        assigned by the Harbor Master who will advise the
                        applicant of these rules and regulations. The
                        individual must provide his own hardware.
                  S.    Approved mooring permits or assignments are valid
                        forone (1) year from the date of issuance and
                        shall not be transferred. Moorings or mooring
                                         5








                     assignments shall not be rented to or used by
                     anyone other than the listed mooring assignment or
                     permit holder unless the provision for rental or
                     use by one other than the permit or assignment
                     owner was part of the Agreement with the issuing
                     authority when the mooring was initially assigned
                     or permitted. Only the boat primarily owned by the
                     mooring assignment or permit holder shall be on the
                     mooring without the Harbor Master's permission.
                6.   At the termination of assignment of any mooring
                     space to an individual, the mooring hardware shall
                     be removed by the mooring permit holder unless the
                     newly allocated individual indicates his
                     willingness to acquire and utilize the existing
                     hardware.
                7.   The licensed mooring permit holder shall be
                     responsible for any and all fees due the Town of
                     Kittery resulting from usage of their moorings.
                8.   The Harbor Master shall, insofar as the same may be
                     done consistently with these Rules and Regulations
                     and with due regard for the safety of other vessels
                     and of navigation, give consideration to the choice
                     of applicant. Howeverr where mooring rights of the
                     individuals are claimed to be invaded and
                     protection is sought of the Harbor Masterr he shall
                     assign and indicate to the masters or owners of the
                     vessels the location which they'may occupy for said
                     mooring, and he shall assign mooring privileges in
                     cases where individuals who own shore rights are
                     complainants, and shall locate suitable mooring
                     privileges temporarily or permanently, fronting
                     their lands if so requested, but not so as to
                     encroach upon the natural channel or channels
                     established by this Authority.
                9.   Adequacy of Moorings: All existing moorings
                     hereinafter to be set shall be of sufficient size
                     to hold the vessel for which it is used. An
                     "Adequate Mooring" under this section shall conform
                     to the following requirements:
                     a.   All moorings shall have been approved with the
                          registration number assigned by the Harbor
                          Master permanently affixed thereon. Such
                          number shall be at least three (3) inches high
                          and shall be clearly visible at all times.
                          The Harbor Master may at any time examine any
                          mooring or mooring line to determine
                          compliance.with,this section, except in cases
                          of emergency, he shall notify the owner of his
                          intention to examine the mooring and request
                          the presence of the owner during such
                          examination. Moorings found to be inadequate
                          with regards to the requirements to this
                          section shall be corrected within forty-eight
                          (48) hours of being so notified or they shall
                                      6








                            be removed forthwith. Any cost of examination
                            or removal resulting therefrom shall be borne
                            by the owner of the mooring.
                       b.   During the period of May 15 to October 151 no
                            mooring shall be in excess of forty (40) feet
                            in length from the anchor or block to the stem
                            of the vessel and top lines shall be limited
                            to 1/3 the length of the boat,, except by
                            written permission of the Harbor Master.
                       C*   Registered owner listed on mooring permit is
                            responsible for any damage caused by his boat
                            whether such owner is aboard his boat or not.
                  10.  Vessels Moored so as to Impede Navigation or to
                       Endanger Other Vessels:
                       Vessels shall not be rafted together in a mooring
                       or anchorage area without said vessels being
                       occupied. All moorings, whether now existing or
                       hereinafter set, shall be so located or relocated
                       that the vessels secured thereby will not.impede
                       navigation within the harbor,  'nor endanger other
                       vessels moored therein. If the Harbor Master shall
                       find that any vessel is so moored as to impede
                       navigation or to endanger other vessels he may
                      .require that the owner of the mooring take such
                       steps, whether by shortening the scope of the
                       mooring linest or by the use of additional mooring
                       -or mooring lines,-as will prevent.such impeding of
                       navigation or endangering of other vessels; or in
                       the alternative he may order that the mooring be
                      .-removed and relocated in the manner described in
                       Section D8. In requiring the removal of a mooring
                       because-of its danger to other moorings, the
                       mooring last set shall be the first ordered to be
                       removed. Any person so ordered by the Harbor
                       Master acting under this paragraph, shall remove
                       the same within forty-eight (48) hours after so
                       ordered; provided, however, that if the Harbor
                       Master shall find an emergency requiring immediate
                       action to prevent injury to life or damage to
                       property, he may cause said mooring or any vessel
                       attached thereto to be immediately removed and
                       relocated. Any expense involved shall be borne by
                       the owner of the mooring or vessel being removed.
                  110  Moving or Interfering with Moorings Belonging to
                       Another: Except by direction of the Harbor Master,
                       or with permission of the owner, no person shall
                       move or interfere with any mooring or vessel in the
                       waters of the Town of Kittery.
                  12.  Transient Courtesy Moorings and Commercial Service
                       and Rented Moorings:
                            (A) Municipal: Transient Courtesy moorings
                            are provided and maintained by the Town of
                            Kittery for the use of visiting vessels. Such
                            vessels may use these moorings for a period of
                                        7








                           no longer than twenty-four (24) hourst except
                           under unusual circumstances with express
                           permission of the Harbor Master. Schedule of
                           fees for such usage will be established by the
                           Port Authority.
                           (B) Non-Municipal: Transient Courtesy
                           Mooring Assignments shall be for the use of
                           visiting or guest vessels. Such moorings
                           shall not be rented and shall be clearly
                           recognizable and identifiable with
                           distinquishing color or markings as determined
                           by the Harbor Master. No vessels may use
                           these moorings for a period longer than
                           twenty-four (24) hours, except under unusual
                           circumstances and only with the express
                           permission of the Harbor Master.
                           (C) Commercial Service and Rental Moorings
                           will be allowed only upon the approval of the
                           Port Authority*
                           D. All moorings permitted in B and C above
                           shall be allocated or assigned pursuant to the
                           provisions of Section D governing moorings.
                 13.  All boat owners mu-st renew their mooring permit or
                      assignment with the Harbor Master by May lst of
                      each year or prior to putting his/her boat on that
                      mooring. Should the mooring permit holder fail to
                      renew the mooring permit within two (2) 7alendar
                      years from its last date of issue, the mooring
                      permit shall be deemed to be abandoned.and
                      cancelled. Upon such abandonment, the Harbor
                      Master will make a new assignment of the mooring
                      space from the moorings waiting list in accordance-
                      with the allocation provisions of these Rules and
                      Regulations.
                 14.  Moored floats are only authorized with expressed
                      permission of the Port Authority.
                 15.  The Harbor Master shall have the authority to
                      revoke an individual's mooring permit for any
                      violation of these rules and regulations. Upon
                      revocation, the Harbor Master shall promptly notify
                      the individual that the mooring permit has been
                      revoked.

            E.   Buoys other than for Mooring Vessels: No buoy of this
                 type shall be placed in channels leading to wharves, nor
                 shall such buoys be placed less than three (3) vessel
                 lengths from a mooring for that vessel. The Harbor
                 Master is empowered, in the interest of public safety,
                 to require the removal of any buoys.

            F.   Public Wharves and Landings:

                 1. Obstruction: No person     shall obstruct by any means
                      whatsoever the free use  of piers, docks and other
                                        8








                      common landing places. The town wharves shall be
                      used only for loading and unloading. Vessels shall
                      not remain moored to the wharf or float for a
                      period longer than thirty (30) minutes except by
                      permission of the Harbor Master. The Harbor Master
                      shall remove or cause to be removed any unattended
                      vessel obstructing free use of piers, docks or
                      other common landing places after due effort has
                      been made to notify the Master or owner of said
                      vessel of the above violation.
                 2.   No person shall loiter, create a public nuisance or
                      partake of alcoholic beverages  on town wharves or
                      landings. Town wharves or piers may be closed,by
                      the Police Department when it is warranted by acts
                      of vandalism or disturbance of the peace.
                 3.   Swimming: No person shall dive from, swim or skin
                      dive without permission of the Harbor Masterr
                      within thirty (30) feet of town-owned floats.
                      a.   All dinghiest skiffs, or tenders tied to town-
                           owned floats shall allow at least 10 feet of
                           line between the float and boat.
                      b.   No boat more than twelve (12) feet in length
                           shall be tied to a town-owned float except-for
                           loading and unloading.
                      co   Boats tied to town owned floats causing damage
                           to adjacent craftl whether due to their
                           construction or-design, will be subject to
                           removal by owners on order of Harbor Master.
                           All dinghiest skiffs or tenders tied to town
                           floats are to be maintained and bailed free of
                           water.
                      d.   Either a mooring number or boat name shall be
                           prominently displaced on all dinghies, skiffs
                           or tenders.
                      e.   Except where otherwise permitted by the Harbor
                           Master, all dinghies, skiffs and tenders shall
                           be removed from town-owned floats by.October
                           15th of each year.
                 4.   Storage: Personal property, such as lobster traps,
                      bait, automobilesf cradlest boatsr floatsr etc.r
                      shall not be stored on town wharves or landings.
                      Exceptions to this rule shall be considered on an
                      individual basis. The designated loading zone
                      shall be used only for lobster traps, fishing gear
                      and items in transit.

            G.   Waste and'Refuse: No person or vessel shall deposit,
                 throw, sweep, or cause to be deposited or swept into the
                 waters of Kittery, or into waters adjacent thereto, any
                 gas or oil or bilge water containing same, ashes, dirtp
                 stones, gravel, mud, logs, planks, or any other
                 substance tending to obstruct the navigation of said
                 harbor or waters adjacent thereto, or to shoal the depth
                 of said'harbor or pollute the waters thereof. No trash
                                        9








                  or refuse shall be placed on any town float or pier
                  except in designated containers.

       III. HARBOR MASTER:

            The Harbor Master shall enforce the Rules and Regulations
            pertaining to harbors and tidal waters under the jurisdiction
            of the Kittery Port Authority and the State of Maine as -            I
            promulgated by the Authority, and shall cooperate with other
            Governmental agencies in enforcing their regulations. He
            shall, under the supervision of the Authority, oversee the
            jurisdictional area of this Authority, preserve and regulate
            navigation within said waters, assign moorings, require the
            same to be kept in safe condition, direct the removal of
            vesselst if necessity or emergency requires, regulate the use
            of town-owned wharve'sp piers,, docksp landings or floats,,
            inquire into and prosecute all offenses occurring within his
            jurisdiction and shall.keep such records as the Authority may
            require and shall perform such other-,duties as the Authority
            may prescribe. The Harbor Master's appointment may be
            revoked by the Authority at any time for cause. The Harbor
            Master shall be appointed for a minimum term of one (1) year,
            his qualifications, salary, and expenses to be determined by
            the Authority. The Harbor Master shall be empowered to make
            arrests for offenses under the provisions of the regulations
            as other peace officers are authorized to-do..

       IV.  PENALTY:

            Whoever violates any of these rules or regulations or refuses
            or neglects to obey any lawful order of a Harbor Master given
            pursuant to these Rules or State statuter or obstructs a
            Harbor Master in the execution of his dutiest commits a civil
            violation, which may result in the loss of mooring privileges
            in the Town of Kitteryr and shall pay a fine of two hundred
            dollars ($200.00). Each day the violation continues after
            notification by the Harbor Master shall be deemed a separate
            offense. All fines recovered shall accrue to the Town of
            Kittery.

       V.   WATER SKIINGF SKIN & SCUBA DIVINGF AIRCRAFTr SAILBOARDS, JET
            SKIS, AND WINDSURFING:

            A.    Vessels Towing Water Skiers and Aquaplanes: There shall
                  be no water skiing in congested moorings, anchorage
                  areas.or in speed limited areas. Water skiing shall be
                  -governed by the appropriate rules and regulations of the
                  State. Except in connection with water carnivals and
                  exhibitions as authorized by the Port Authority, no such
                  activity may be conducted during the period between one-
                  half (1/2) hour after sunset and one-half (1/2) hour
                  before sunrise. Special water skiing areas may be
                  designated by the Port Authority.

                                         10








             B.   Water Ski Jumps: No person shall locate for use on the
                  public waters under the jurisdiction of this Authority a
                  water ski jump without first obtaining the approval of
                  the PortAuthority.

             C.   Skin and Scuba Diving: Skin and Scuba Divers shall be
                  governed by the appropriate rules and regulations of the
                  state.

             D.   Aircraft: Aircraft'shall be governed by the appropriate
                  Rules and Regulations of the Maine Aeronautics
                  Commission, excepting that they shall observe the same
                  mooring and anchorage Rules and Regulations that apply
                  to vessels.

             E.   Windsurfing: Windsurfing shall be governed by the
                  appropriate Rules and Regulations of the state, and
                  shall be prohibited in all mooring and anchorage areas
                  governed by the Authority.

             F.   Jet Skis: Jet skis shall be governed by the appr    opriate
                  rules and regulations of the state and shall be
                  prohibited in all mooring and anchorage areas governed
                  by the Authority.

       APPEALS:

       VI. Any person aggrieved by any decision of the Harbor     Master
             under these Rules and Regulations may appeal from such
             decision provided such appeal is taken within seven (7)
             working days from the date said decision is rendered in
             writing by the Harbor Master. Any such appeal shall be filed
             in writing with the Kittery Town Clerk directed to the Port
             Authority setting forth the reasons for the appeal. The
             filing shall be considered complete when stamped as received
             by the.Kittery Town Clerk. The Clerk shall forthwith deliver
             the appeal to the Port Authority. The Port Authority shall
             hold a hearing within thirty (30) days of receipt by the Town
             Clerk of such appeal. The appealing party shall be given
             notice by the Poxt Authority at least seven (7) days prior to
             the date set for the hearing on the same. The Port Authority
             shall hear all relevant evidence presented to it during the
             course of the hearing by the Harbor Master and appealing
             party. Either side may present witnesses or evidence in
             support of their respective positions. The Chairman of the
             Port Authority shall serve as the presiding officer and shall
             determine the admissibility of testimony in evidence. This
             hearing shall be held on an informal basis with strict rules
             of evidence not applying. After hearing, the Port Authority
             shall decide the appeal by simple majority of those present
             and voting and shall issue a decision which may affirm,
             reverseor modify the decision under review, or may remand
             the matter to the Harbor Master for further proceedings in
             accordance with the terms of these Rules and Regulations.








           The decision of the Port Authority shall be in writing and
           shall set forth findings of fact and law. Either party may
           appeal any decision of the Port Authority directly to the
           Superior Court pursuant to the Rules and Procedures
           established for M.R.C.P. 80(B) Appeals.

      VII. FEDERAL REGULATIONS:

           Nothing herein shall be considered as conflicted with Federal
           laws applicable to the coastal waters, tidal waters, tidal
           rivers and harbors of the state.


      VIII. EFFECTIVE DATE:

           These Rules and Regulations shall take effect on June lr
           1989F and shall remain in effect until altered or repealed by
           the Port Authority.


































                                      12




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 I               NEW HAMPSHIRE         'PORT
                 AUTHORITY RULES &
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                                               w ow W an 40 an aw

                                                      NEW HAMPSHIRE
                                                  STATE PORT AUTHORITY





                                                            A M













                                                               A





                                         RULES AND REGULATIONS PERTAINING TO
                                               HARBORS AND TIDAL WATERS
                                                           OF THE
                                                 STATE OF NEW HAMPSHIRE






                                                   555 Market St., Portsmouth, N.H.
                                                       Effective May 1, 1958
                                                     Amended October 17, 1963
                                                     Amended August 16, 1971
                                                      Amended March 2, 1976
                                                       Amended May 4, 1979
                                                      Amended May 10, 1985








                                                                                                                     NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES



                                                                                                                         New Hampshire State Port Authority
                                                                                                                                  555 Market Street
                                                                                                                                 Portsmouth. RH 03801

                                                                                                           Statutory Authority: RSA 271-A:4

                                                                                                 CHAPTER Por 100 ORGANIZATIONAL RULES


                                                                                                 PART Por 101 DEFINITIONS


                                                                                                      Por 101.01     Harbormaster.    "Harbormaster" shall    Include an assistant
                                                                                                 harbormaster.


                                                                                                                                      Source.   02376. eff   6-7-83; 99 by 03018.
                                                                                                                                      eff 5-10-85


                                                                                                      Por 101.02 Vessel.      "Versel" shall include boats   of all sizes propelled
                                                                                                 by sail, machinery or hand. scows. dredges, shellfish       cars, lobster and crab
                                                                                                 cars and craft of every kind. except athat nothing herein shall be deemed to
                                                                                                 apply to vessels operated by governmental agencies.

                                                                                                                                      Source,   02376. off 6-7-83; ss by #3018,
                                                                                                                                      eff 5-10-85


                                                                                                 PART Per 102 DESCRIPTION OF PORT AUTHORITY


                                                                                                           RESERVED


                                                                                                 PART Por 103 SCOPE OF RULEMAKING


                                                                                                      Por 103.01 Exemptions.     Nothing in these rules shall be deemed to apply
                                                                                                 to vessels operated by governmental agencies.

                                                                                                                                      Source.   #2376. off 6-7-83-, ss by #3018,
                                                                                                                                      eff 5-10-85


                                                                                                      Per 103.02     Federal Regulations.     Nothing in these rules shall be
                                                                                                 considered as conflicting with federal laws applicable to the coastal waters
                                                                                                 and tidal rivers and harbors of the state.


                                                                                                                                      Source.   02376, eff 6-7-83; so by 03018,
                                                                                                                                      off 5-10-85


                                                                                                 CHAPTER Per 200 HEARING RULES - RESERVED


                                                                                                 CHAPTER Per 300 HARBORS AND TIDAL WATERS


                                                                                                 PART Por 301 MOORING ASSIGNMENTS


                                                                                                      Por 301.01 Permission of Harbormaster. No mooring shall be set writhin
                                                                                                 the tidal waters or harbors of New Hampshire without prior permission of the




                                                                                                                                                                  I Por 5-85






                           NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES                                                      NOW HAMPSHIRE CODE Of ADMINISTRATIVE RULES


       harbormaster. Any person desiring to establish a mooring In these harbors, or
       to relocate an existing mooring. shall apply     .for permission to the appropriate            properly rigged to secure such vessel.        The harbormaster shall Inspect each
       harbormaster.    The harbormaster shall        thereupon assign a location                     mooring prior to the time of its placement.          Subsequent Inspection will be
       available, for such mooring. and shall advise the applicant concerning                         made at the discretion of the harbormaster and by a certified diver who shall
                                                                                                      report his findings to the harbormaster for evaluation.         The herbormaster may
       requirements.                                                                                  at any time Inspect any mooring or mooring lines to determine compliance with
                                                                                                      this rule. provided, however, that except in the case of emergency. he shall
                                             Source.    02376, off 6-7-83; as by #3018.          t
                                                                                                      notify the owner of his intention to Inspect such mooring and request the
                                             eff 5-10-85                                              presence of said owner during the inspection.        Any costs of inspection shall
                                                                                                      be borne by the owner of the mooring.
            Par 301.02 Mooring Permit.
                                                                                                                                             Source,   #2376. eff 6-7-83; as by 13018.
                  (a)  A mooring permit in triplicate will be prepared by the port                                                           off 5-10-85
       authority office.    The permit will list the applicant's name. date issued.
       type of boat - coiLuercial or pleasure, registration number, name of boat If                        Par 301.04 impeding Navigation and Endangering Other Vessels Prohibited.
       documented. weight of mooring block, and geographic location.
                                                                                                                 (a) All moorings, whether now existing or hereinafter set, shall be
                  (b)  The permit period shall be for one year from April I through                   so located or relocated that the vessels secured thereby shall not Impede
       March 31 of the following year and be non- transferable except under the                       navigation within the harbor, nor endanger other vessels moored therein.              if
       conditions outlined In Par 301.07.       Payment shall be due no later than April              the harbormaster shall find that any vessel Is so moored as to impede
       30. in the event of non-payment of permit fees by that date, the mooring site                  navigation or to endanger other vessels he may require that the owner of the
       shall be forfeited and reassigned by the harbormaster.
                                                                                                      mooring. or of the vessel secured thereby. take such steps, whether by
                                                                                                      shortening the scope of the mooring lines. or by the use of additional mooring
                  (c) The mooring permit fee shall be $2.00       per foot, length over all           and mooring lines, as will prevent such Impeding of navigation or endangering
                                                                                                      other vessels; or in the alternative. he may order that the mooring be removed
                  (d) The original of the permit shall be delivered to the applicant,                 and reestablished In the manner prescribed in Par 301.02.
       the second copy shall be retained by the port authority office, and the third                             (b)   Any person ordered to remove his mooring by the harbormaster.
       copy shall be sent to the harbormaster.       The permit holder's name and mooring
                                                                                                      acting under this paragraph, shall remove the same within 48 hours after the
       permit number shall be attached to the physical mooring In letters 2" in          a Ize        receipt of such order; provided, however. that it the harbormaster shall find
       for proper Identification. Said information also to be an the mooring permit.                  that an emergency exists requiring Immediate action In order to prevent injury
                                                                                                      to life or damage to property. the harbormaster may cause said mooring. or any
                  (a) Holders of mooring permits shall notify the port authority when                 vessel attached thereto, to be removed and relocated or remoored. Any expense
       the boat for which the permit has been issued has been sold, or otherwise                      involved shall be borne by the owner of the mooring or vessel. Any sunken or
       disposed   of or the mooring is no longer required.        At that time, the permit            partly sunken vessel shall be repaired within 48 hours or removed from the
       shall be   returned to the port authority.       Failure to return the permit shall            mooring.
       result In automatic cancellation of the permit.
                                                                                                                                             Source.   #2376, eff 6-7-83; as by #3016,
                  (f)  In the assignment of moorings. the harbormaster shall. insofar                                                        eff 5-10-85
       as the same may be done consistently with these rules and with due regard for
       the safety of other vessels and of navigation. give consideration to the                            Par 301.05 Type of MoorinA.         Each mooring shall be approved buoys and
       choice of the applicant.      Owners of the waterfront property shall be given                 shall be visible at all times.         Spar and log buoys are prohibited at the
       preference in the assignment of a mooring In water adjacent to their property                  discretion of the harbormaster.         All moorings shall be approved by the
       when space is available and conditions permit.                                                 harbormas-ter.   All moorings shall show owner's identification, first and
                                                                                                      second initial   and last name and original permit number with no less than 2
                                             Source.    #2376. off 6-7-83; as by .#3018.              inch letters.
                                             off 5-10-85

                                                                                                                                             Source.   #2376. eff 6-7-83; as by #3018.
            Par 301.03    Adequate Moorings.    All existing moorings. hereinafter to be
       set, shall be of sufficient size to hold the vessel with which It Is used.                                                            off 5-10-85
       Mooring lines and chains shall be of sufficient length and strength and




                                                                           2 Par 5-85                                                                                     3 Par 5-85






                      NEW HAMPSHIRE  CODE OF ADMINISTRATIVE RULES
                                                                                                                  NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES


        For 301.06 Moving or Interfering with Moorings.       Except by direction of           harbormaster performing his duties under the provisions of this chapter. such
   the harbormaster. acting In an emergency, as provided In Par 301.04. no person              harbomaster or his duly appointed agent may cause such vessels to be removed.
   shall move or interfere with any mooring or vessel In this harbor except with
   the permission of the owner thereof or the barbormaster.                                                                         Source. 13018, eff 5-10-85

                                        Source. 02376, off 6-7-83
                                                                                               PART Par 304 WHARVES AND LANDINGS
        Par 301.07 Transferability of Moorings.                                                     Par 304.01 Public.     The public wharves and landings shall     be used only
             (a) Any commercial boat owner may transfer his mooring permit(s) to               for loading and unloading, unless otherwise posted. Vessels shall not remain
                                                                                               moored to the wharf or landing for a period longer than reasonably necessary
   a new owner In the event of the sale of his business, subject to the                        for this purpose.   No person shall dive from or swim within 100 feet of said
   submission of documented proof of the commercial nature of the business being               wharves and landings.
   sold, including but not limited to verification by the department of revenue
   administration that business profits tax returns have been filed for the                                                         Source.   #2376, eff 6-7-83; so by #3018.
   previous 5 years.     The new owner of record would be subject to the same                                                       eff 5-10-85
   requirements in the event of a subsequent sale of the business so acquired.
                                                                                                    Par 304.02 Private.     No vessel shall tie up to or make use of a private
             (b)   The port authority board will only consider written transfer                wharf or landing place except In case of emergency or with the permission of
   requests made by the owner of record delivered to Its office at 555 Market                  the owner.
   Street, Portsmouth. New Hampshire.
                                        Source. 03018, eff 5-10-85                                                                  Source,   02376, eff 6-7-83; as by #3018.
                                                                                                                                    eff 5-10-65

   PART Par 302 BUOYS                                                                          PART Par 305 OPERATION OF VESSELS
        Par 302.01   Other Than for Mooring.      No buoy, other than for mooring a                 Par 305.01 Speed.     Vessels shall be operated at such rate of speed and
   vessel shall be placed in channels.      Neither shall such buoys be placed less            in such a manner as not to endanger other craft or persons.             In special
   than 3 vessel lengths from a mooring buoy for that vessel. The harbormaster                 anchorage areas, narrow channels. and congested mooring areas.        the speed of
   Is hereby authorized. In the interest of public safety. to require and cause                all boats shall be reduced to headway speed. For thO FutPUSO Of these rules.
   the removal of any buoys. including lobster buoys.                                          headway speed Is the slowest speed that a power buat may be           operated and
                                        Source.   #2376, off 6-7-83; so by 93016.              maintain steerage way.
                                            5-10-85                                                                                 Source.   02376, off 6-7-83; so by #3018,
   PART Par 303 ANCHORAGE                                                                                                           off 5-10-85
        Par 303.01 Determined by Harbor@aster. Vessels shall be anchored in the                     Par 305.02 Reckless Operation.      go person shall operate upon the waters
   harbor, In such places or areas as the harbormaster shall direct.                 The       of this state any vessel so that the lives or safety of others might be
   harbormaster may at any time order any vessel at anchor to change position                  endangered.
   when, in his opinion, such vessel is so anchored as to impede navigation or to                                                   Source.   12376, eff 6-7-831. as by 03018.
   endanger other vessels.                                                                                                          eff 5-10-85
                                        Source.   #2376, off 6-7-83; so by #3018,                   Par 305.03   Operation While    Intoxicated.   No person shall. while under
                                        off 5-10-85                                            the influence of Intoxicating liquor or any narcotic or habit producing drug.
                                                                                               operate any such vessel upon any tidal waters of New Hampshire.                  The
        Par 303.02    Removal of Vessels - Penalty.     Wheit the master or owner of           harbormaster Is authorized. in the interest of public safety. to cause the
   any vessel lying within the navigable waters of this state. or the person
                                                                                               arrest of persons In violation of the foregoing.          Such violation shall be
   having the same In charge, neglects or refuses to obey the order of any                     reported to the coast guard.

                                                                                                                                    Source.   #2376, off 6-7-83; so by #3018,
                                                                                                                                    eff 5-10-85




                                                                     4 Par 5-85
                                                                                                                                                                 5 Par 5-65







                         NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES                                                  NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES


          Por 305.04     Muffling Devices.      go boat or outboard motor shall         be       obtaining the approval of the port authority.
     operated on the tidal waters of this state unless the same Is provided with        an                                             Source.   #2376. eff 6-7-83; 99 by #3018.
     adequate muffling device. or In case of outboard motors, a muffler Intact          as
     supplied by the manufacturer.         So-called "racing mufflers" shall not        b                                              eff 5-10-05
     considered as complying with the law except when the boat or outboard motor        1:    1
     engaged In an authorized race. When sailing vessels are moored or at anchorp                     Por 305.08 Skin Diving.      Any person engaging In diving shall display an
     ropes and halyards shall be secured in such a fashion that they do not make                 international blue and white burgee code flag ALPHA placed at. or near. the
     noise or become obnoxious to area residents.        Vessels moored shall not have           point of submergence.    While diver is submerged, there shall be an attendant
     harpoons or other objects protruding beyond the length of the boat.                         in a boat or on the shore at or near the point of submergence. The diver's
                                                                                                 flag shall be displayed only when there are divers In the water and divers
                                           Source.   #2376, eff 6-7-83; ss by #3018,             shall surface only at the flag location. The flag shall mean tha@ a diver Is
                                           eff 5-10-85                                           down, and requests 100 feet of clearance. All boats shall reduce their speed
                                                                                                 to headway speed when approaching and passing such a flag.           However. flying
          Por 305.05 Age of Operators Limited.         go power boat. other than a boat          the flag confers no special rights or privileges, and all divers shall
     under sail shall be operated by any person under 12 years of age unless under               continuously maintain utmost caution with respect to surface traffic.
     supervision of an adult present on vessel Itself.                                                                                 Source.   #2376, off 6-7-83; as by #3018,
                                           Source.   12376. off 6-7-83; as by #3018.                                                   eff 5-10-85
                                           eff 5-10-85.
                                                                                                      Por 305.09    Aircraft.    Aircraft shall be governed by the rules of the
          Por 305.06 Vessels Towing Water Skiers, Windsurfers and Jet Skis.                      New Hampshire aeronautics commission, except that aircraft shall observe the
                                                                                                 same mooring and anchorage rules that apply to vessels.
                (a)   There shall be no water-skiing in congested mooring areas,
     special anchorage areas. or In the main ship channels during the movement of                                                      Source.   #2376. off 6-7-83; so by #3018,*
     vessels. A vessel towing water skiers, windsurfers and jet skis shall keep at                                                     eff 5-10-85
     least 150 feet distance from other boats. rafts, floats. a line of floats
     outlining swimming areas, or the shore, except when approaching or leaving                       Por 305. 10   Disposal of Waste and Refuse.       Disposal of waste, refuse,
     orther boats, rafts, floats, or the shore.                                                  petroleum and tar products, and material of any kind into the harbor and tidal
                                                                                                 waters of New Hampshire is prohibited and subject to penalty as stated In
                (b) No person shall operate a     vessel while towing   water skiers, or         RSA 271-A:9. Disposal shall be deemed to mean the actual act of disposing of.
     similar devices unless there Is present in said vessel in           addition to the         or leaving any of, the above mentioned material below the high water mark.
     vessel operator another person 22 years of age or over in a position to
     observe and assist the person or appurtenance being towed.       No person shall be                                               Source.   02376, eff 6-7-83; so by #3018.
     towed on water skis or other appurtenance unless said person Is wearing a life                                                    off 5-10-85
     jacket or ski belt. except in connection with authorized water carnivals and
     exhibitions.   No person shall bow ride with feet overhanging the side of the                    Por 305.11 Abandoned or Derelict Boats, Rafts, Floats, Lobster Cars,
     boat. The operator of such a vessel shall be held responsible for compliance                                  Motor Vehicles or Solid Debris.
     with the navigating rules for both the vessel and the person or appurtenance
     being towed.                                                                                           (a)  No person shall permit or cause the abandonment of any boat.
                                                                                                 raft, float, lobster car, motor vehicle or solid debris or permit same to
                (c)   Except in connection with water carnivals, and exhibitions                 become derelict upon the tidal waters or abutting shores of same In mew
     authorized by the harbormaster. no such activity shall be conducted during the              Hampshire.
     period between 1/2 hour after sunset and 1/2 hour before sunrise.
                                                                                                            (b)  The harbormaster shall order the last owner of record of any
                                           source.   #2376. eff 6-7-83; as by #3018,             such abandoned boat. raft, float. lobster car. motor vehicle or solid debris
                                           ;-ff5-10-85                                           to remove same within a specified reasonable period of time. and upon his
                                                                                                 fa, lure to do same shall cause its removal or destruction at the cost of said
          Por 305.07    Water Ski Jumps.      No person shall locate for use an the              last owner of record.
     navigable tidal waters of this state, a water ski jump. without first                                                             Source. #3018. eff 5-10-85



                                                                        6 Por 5-85                                                                                  7 Por 5-85





                         NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES                                                 NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES


    CHAPTER Par 400 HARBORMASTERS                                                               PART Par 403 JURISDICTION
    PART Par 401 AP  IPOIUTMEUT & TERMINATION                                                        Par 403.01     Areas Defined.     The following areas shall be used in
                                                                                                determining each harbormaster's jurisdiction:
         Par 401.01 Tem. Bach herbormaster shall be appointed for a tem of one                             (a) Portsmouth area. That portion of Portsmouth harbor lying with
    year, his qualifications and salary to be determined by the authority.                      Little harbor, Sagamore creek. the Piscataqua river (within the boundaries of
                                          Source.   02376, off 6-7-83; as by 03018.             the state of New Hampshire) to the Atlantic Terminal Sales Corp. and seaward
                                          ;ff 5-10-85                                           to a line from Odlorne's point to Flashing buoy no. 2, and that portion of
                                                                                                tidal waters lying within the boundaries of the state of New Hampshire.
         Par 401.02     Termination.   A harbormaster's appointment may be rescinded                       (b)   Great Bay and Little Bay areas.       All navigable tidal waters
    by the authority at any time for failure to properly enforce the law and rules              within the boundaries of the state of New Hampshire from the Atlantic Terminal
    and carry out his duties under BSA 271-A.                                                   Sales Corp. to waters of Great Bay adjacent to the towns of Dover, Durham.
                                          Source.   #2376. eff 6-7-83; as by #3018.             Newmarket. Newfields. Exeter. Strantham. Greenland, and Newington.
                                          off 5-10-85                                                      (c)   Rye area.   Rye harbor, including a channel 100 feet In width
    PART Par 402 DUTIES                                                                         from the entrance of Rye harbor seaward to Whistle buoy IB, and that portion
                                                                                                of tidal waters lying within the boundaries of the state of New Hampshire.
         Par 402.01 Enforcement of Rules. Harbormasters shall enforce the rules                            (d)   Gosport Harbor - Isles of Shoals.        That portion of Gosport
    pertaining to harbors and tidal waters of New Hampshire as adopted by the                   Harbor within the boundaries of New Hampshire.
    authority and cooperate with other governmental agencies In enforcing the
    regulations.    They shall keep such records as the authority may require and                          (e) Hampton area. Hampton harbor, including the waters of Hampton
    shall perform such other duties as the authority may prescribe.           They shall
    assist each other when requested to do so.                                                  river and seaward from the Hamp t on-Seab rook bridge to an area from Gong buoy
                                                                                                no. 4 to Old Cellar rock to Red Beacon on the north jetty at the entrance to
                                          Source.   #2376. off 6-7-83; as by 03018,             Hampton harbor, and that portion of tidal waters lying within the boundaries
                                          off 5-10-85                                           of the state of New Hampshire.
         Par 402.02    Warnings.    Harbormasters are authorized to issue a written                        M     Seabrook area.    Seabrook harbor. including' the waters of the
    warning for any Infraction of the rules which in their judgment, does no                    Blackwater river, and that portion of tidal waters lying within the boundaries
    warrant the issuance of a summons.       Warnings shall be made out In triplicat!           of the state of New Hampshire.
    by the harbormaster.     The original   shall be delivered to the violator, the
    second copy sent to the office of the port authority, and the third copy                                                         Source,   #2376. off 6-7-83; as by #3018,
    retained by the harbormaster.       The  warning shall contain the name of the                                                   eff 5-10-85
    violator, nature of the offenie, date and time, special circumstances, and
    geographic location.

                                          Source.   02376, off 6-7-83; as by #3018,
                                          eff 5-10-85

         Par ' 402.03   Summons.    In cases where such action is warranted. a
    harbormaster may issue a summons upon a person ordering him to appear at court
    on a day specified.    The summons shall be in the form prescribed by the state
    of New Hampshire. A copy shall be sent to the office of the port authority,
    and a copy retained by the harbormaster concerned.

                                          Source.   #2376. off 6-7-83; as by 03018,
                                          eff 5-10-85





                                                                      8 Par 5-85                                                                                   9 Par 5-85








                        NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULFS


                                          APPENDIX





         sTATLIORY DUTIES OF HARBORMASTERS



         RSA 271-A:8 Harbor Masters.

              The Harbormasters appointed by the Authority     shall have authority,:
         under the supervision of the   Authority, to oversee    the  harbor for which
         he was appointed master, to preserve and regulate navigaLlon within said
         waters. to assign moorings, require the same to be     kept in safe condition,
         to require the removal of vessels if necessity or an emergency arises, and
         to Inquire into and prosecute all. offenses occurring within his jurisdiction
         and to perform such duties and enforce such regulations      as the Authority
         shall prescribe.

                                                Source. 1957,  262:1, eff. 9/1/57


         RSA 271-A:8-a Power of Arrest.

              The Harbornasters appointed by the Authority shall      have authority to
         make arrests for offenses, under the provisions of      this chapter, as other
         peace officers are authorized to do.

                                                Source.  1959, 138:1. eff. 6/4/59


         RSA 271-A:9 Penalty.

              Whoever violates   any of the rules or regulations      of the Authority
         promulgated under the   authority of RSA 271-A,-'or refuses or neglects to
         obey the lawful and reasonable orders of a Harbormaster, or resists him
         In the execution of his duties, shall be guilty of a     misdemeanor. All fines
         collected under the provisions of this section shall     be forwarded to the
         Port Authority.

                                                Source. 1957, 262:1. 1973, 531:93.
                                                        1975. 49:2,   eff. 5/26/75
















                                                                      10 Por 5-85







        
                                   NEW HAMPHSHIRE CODE OF ADMINISTRATIVE RULES
                                    New Hamphsire State Port Authority
                                             555 Market Street
                                            Portsmouth, N.H. 03801

                                   Statutory Authority:   RSA 271-A:4
   CHAPTER por 100 ORGANIZATIONAL RULES

   PART Por 101 DEFINITIONS

        Por 101.01 "Harbormaster",   As defined under RSA 271-A:3 shall include an
   assistant harbormaster, as well as the harbormaster himself.

        Por 101.02 "Shellfish Cars", as used in RSA 271-A:10, shall include lobster
   and crab cars.

        Por 101.03 "Mooring" means any structure or apparatus, including floats,
   rafts, and their attached cables and anchors whose purpose is to provide for
   securing a vessel (a) to the bottom, within the Port's harbors and navigable waters

       Por 101.04 "Navigable Tidal Rivers"  "Navigable tidal rivers", as used in
   RSA 271-A:2-[ shall includes any body of water subject to tides.




    PART Por. 102 DESCRIPTION  OF PORT  AUTHORITY


         RESERVED


    PART Por 103 SCOPE OF RULEMAKING

        Por 103.01 Exemptions Nothing in  these rules shall be deemed to apply to
    vessels operated by governmental agencies.

        Por 103.02 Federal Regulations Nothing in these rules shall be considered
   as conflicting with federal laws applicable to the coastal waters and tidal
    rivers and harbors of the state.

    CHAPTER Por 200 HEARING RULES RESERVED

    CHAPTER Por 300 HARBORS AND TIDAL WATERS


    PART Por 301 MOORING ASSIGNMENTS

         Por 301.01 Permission of Harbormaster No mooring shall be placed within
    the tidal waters or harbors of New Hampshire without prior permission of the
    harbormaster. Any person desiring to establish a mooring in these harbors, or
    to relocate an existing mooring, shall apply for permission to the harbormaster
    having jurisdiction. The harbormaster shall assign a location, if available,
    for such mooring, and shall advise the applicant concerning the requirements
    of these rules.
 




                (a) All vessels moored in New Hampshire tidal waters shhll be assessed
           an annual fee as follows:
                   I
                1. A rate of $3.00 per foot of length overal (LOA) for all individual
          'privately owned moorings, with a minimum charge of $24.00 excluding any costs
           incurred under 301.03 (b).

                2. A rate of $5.00 per foot of length overal (LOA) for each commercially
           leased.or rented moorings at marinas and Yacht Clubs.


                 (b) The purpose of said mooring fee is to reimburse the State of New
        Hampshire for the casts and services provided to vessels in New Hampshire t1dal
        waters by the New Hampshire State Port Auithority office.
                   jc) A mooring permit shall b;a prepared in triplicate by the Port Authority
          office.  The permit shall list the applicant's name, date-issued, type of vessel
          (commercial or pleasure), registration number, name  of boat if documented, weight
          of mooring block, if applicable, and location.
                   (d) The permit-'period shall be for one year from April I through
          March 31 of the following year and be non-assignabie  and shall not be transferred
          except under the conditions outlined in Par 301.07.   Payment for tile permit
          shall be made no later than May 30. In the event of   non-payment of permit fees
          by that date, the mooring site shall be forfeited and reassigTied by the harbor-
          master. Failure to renew the mooring permit shall result in non-renewal.

                   (e) The first copy of the permit shall  be delivered to the applicant,
          the second copy shall be retained by the Port Authority office,_and the third
          copy shall'be sent to the harbormaster.  The permit holder's name and mooring
          permit number shall be attached to the mooring buoy itself in letters 2" in
          size for proper identification.The permit holder's name and mooring permit number
          shall also be on the mooring permit.

                   Q) Holders of mooring permits shall notify the   Port Authority when the
          vessel for which the permit has been issued has been sold, or otherwise disposed
          of or the mooring is no longer required, at which time, the permit shall be
          returned to-the-Port Authority. Failure to return'the permit shall result in
          non-renewal of the permit. No person other than tile holder of a permit for
         ,a specific mooring may use that mooring.

                    (g) in the assignmenE of noioring.-, the tuarborvinsLer shall consider
        the applicant's preference with due repard for adequate space and depth of
        water, if this may be done consistently with these rules and with due regard
        for the sa[ety of other verisels and of navigntion. Owners of waterfront property,
        upon application for a mooring permit .41tall lie given preference in tile assignmelit
        of a mooring in water adjacent to their properLy when Space is '4ivallathle and 4101
        due regard for safety, navigation, space and -.,-nter depth.

                    (h) All vessels seetired'at moorings shall have the approved current
        harbormaster!s sticker attached.

                    (i) No barrel or tire mooring floats shall be allowed; only polystyrene
        form blocks or ABS type plastic buoys shall be allowed; all others shall be removed
        by the harbormaster..







            Por 101.02 Mooring Permit (Continued)

               (j) The Port Authority shall keep a chart available for public imspection
      which clearly indicates tile mooring areas permitted in the tidal water of New
      Hampshire. Applicants neither issued nor denied a permit shall be placed on a
      waiting, list according to their date of application.  Applicants whose names are
      placed an a waiting list for a specific area shall be assessed an annual fee of
      five dollars ($5.00) for each waiting list their names appear on.

            Por 301.03 Adequate Moorings

                    (a) All existing moorings shall meet tile minimum size requirements
      established in this rule. When considering the minimum size for moorings tile
      harbormaster shall take into account the following factors: storms, winds, waves,
      tides, and currents. The minimum size mooring shall be as stated in this rule
      unless the habormaster, taking into account the stated factors, determines, that
      a different size mooring is necessary for the safety of tile vessel.

                    (b) The harbormaster shall inspect and approve each mooring prior to
      tile time of its placement. Subsequent inspection shall be made when the harbor-
      master determines that the deterioration of the mooring hardware requires such
      and by a certified diver, who shall report his findings to the harbormaster for
      evaluation of the deterioration. The harbormaster may at that time examine any,
      mooring or mooring line to determine compliance with this rule, provided however,
      that except in the case of emergency, lie shall notify the owner of his intention.
      to inspect such mooring and request the presence of said owner during the inspec-
      tion.

                    (c) Each mooring shall utilize buoys which meet the requirements of
      Por 301.02 (h), which shall be visable at all times. Spar and log buoys shall
      be prohibited.

                    (d) Minimum standards for mooring tackle to secure vessels in tidal
      waters shall be as follows:

                    (e) Proper mooring tackle shall be used to secure vessels adequately
      at their moorings. Storms, wind, waves, t1des, currents and wash shall be
      considered when selecting appropriate hardware.

        Boat Length                      Block                    Diameter                 Pennant
        overall                          Weight                   Chain                    Nylon

        -FOR MOTOR BOATS-                LBS

        less than 12'                    800                       1/2"                    5/16"
        13'-18'                          1000                      1/2"                    7/16"
        19'-25'                          4500                      1/2"                    1/2"
        26'-35'                          4500                      1/2"                    5/8"
        36'-45'                          9000                      3/4"                    3/4"
        46'-55'                          10000                     9/16"                   1"

        -FOR RACING TYPE SAILBOATS-

        up to 21'                        4000                     1/2"                    7/16"
        22'-25'                          4500                     1/2"                    1/2"
        26'-30'                          4500                     1/2"                    1/2"
        31'-34'                          4500                     1/2"                    9/16"
        35'-41'                          8000                     3/4"                    3/4"
        42'-52'                          9700                     3/4"                    3/4"
        53'-59'                          10000                    3/4"                    1"
        60'-65'                          10000+                   1"                      1"
 



                                                  A
                                   Block             Olarwc@cm           Pertnant:
                                                       -1111    i       NY I on
         Ovel-8 I                  We 16111


          FOR CRULSLNG TYPE  SAILBUNrS-

                                                                          7/81t
         up to 21'                 4000               if                                I. .
         221-251                   4500                                   3/411
         26'-35'                   5000               hit                 Vf
         361-45t-@---              8000               3/4"                It'
         46'-55'                   9000               3/411               let



                   (f) Mooring  pennants shall have  a thimble  and  shall be spliced where
         rope and chain connect; pennant shall not be over 12'. Pennants shall have
         chafing gear where pennant passes through the chocks..

                   (g) All chains, shackles, eyebolts and all    related hardware   shall be
         hot-dipped galvanized; shackles shall be wired to prevent the pin from babking
         out.


                   (h) A waiver for adjustments to these minimum standards may      be granted
         by the Port Authority, subject to specific conditions in addition to       these rules
         which shall be considered at the next regularly scheduled Port Authority Board
         meeting. An applicant shall request in writing to the harbormast      er that a waiver
         be granted based on local conditions for a specific site.

              Por 301.04 Impeding Navigation and Endangering Other Vessels       Prohibited

                   (a) All moorings, whether now existing or hereinafter set, shall be
         so located or relocated that the vessels secured thereby shall not.impede@
         navigation within the harbor, nor endanger other vessels moored therein. If
         the harbormaster shall find that any vessel is so moored as to Impede navigation
         or to endanger other vessels he may require that the owner of-the mooring, or
         of the vessel secured thereby, tak   'e such steps, whether by shortening the scope
         of the mooring lines, or by the use of an additional mooring and mooring lines,
         as will prevent the impeding of navigation or endangering other vessels; or in
         the alternative, he may order that the mooring be removed and reestablished.in
         the manner prescribed in Por 301.02.

                   (b) Any person ordered to remove his mooring by the harbormaster,
         acting under this paragraph, shall remove the same within 48 hours after the
         receipt of such order; provided, however, that if the harbormaster shall find
         that an emergency exists requiring immediate action in order to prevent injury
         to life or damage to property, the harbormaster may cause said mooringt or any
         vessel attached thereto to be removed and relocated or remoored elsewhere.
         Any sunke"n or partly sunken vessel shall be rep'aired within 48 hours or it
        shall be removed from the m'ocring*when the harborma6.ter determines that, it'
        poses a threat or hazard to navigation or safety*

             Por 301.05 RESERVED




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           Wallace, Floyd, Associates Inc.         A r,Ch tec*ure      5 Fundy Roao,       Teiephone
                                                   Lard'cdpA architecture Falmouth, Maine  207,781.3546
                                                   Plann n@            04105               Telefax
                                                   UrDn ce,ign                             207.781.4753









              TO: Carole Schlessinger

           FROM: Lynne Seeley

           DATE: 2 April 1990

              RE: Boating Projections     Kittery Harbor Plan




                Boating projections were developed for use in the development
                of a mooring.plan for Kittery Harbor. The projections
                estimate the number of moorings needed in 1995 for different
                boat size categories.

                Three different projections were developed to allow
                comparison; the average of the three was used for planning
                purposes. Projections were developed for boat registrations,
                projected moorings were then calculated as a percent of total
                registrations.

                The different projections are based on different projected
                registration growth figures: one from the National Marine
                Manufacturers Association; one from the Maine Department of
                Parks and Recreation; and the third from a formula based on
                boats per person in Kittery. The projected mooring figures
                are based on a 76 percent ratio of boats moored to boats
                registered; this is the current ratio in Kittery. The
                following details the steps taken in developing the
                projections.

                Existing Conditions (1989)


                    Total boats registered                            730
                    Total boats moored                                367
                    Total boats on waiting  list                      185
                    Boats moored & waiting/registered               552/730
                    Percent boats moored & waiting/registered         76%










           Boating Projections
           2 April 1990
           Page Two



               Future ProJections


               1.  National Marine Manufacturers Assoc.


                   Based on a 3.81% yearly growth in registrations:
                   o 914 registered boats in Kittery in 1995
                   o 695 moorings needed in 1995 (914 x .76)
               2.  Maine Dept. Parks and Recreation '                                            I
                   Based on a 2.43% yearly growth in registrations:
                   o 844 registered boats in Kittery in 1995
                   o 641 moorings needed in 1995 (844 x .76)

               3.  Kittery Boats/People

                   Based on 15 people per boat in 1989 (10,854 (pop.)/730)
                   and 11,754 projected 1995 population (based on
                   Comprehensive Plan growth figures):
                   * 784 registered boats in Kittery in 1995 (11,754/15)
                   * 596 moorings needed in 1995 (784 x .76)

               After developing these projections, projections of moorings by
               boat size were developed. These projections were based on the
               current percentages of boats moored and on the waiting list in
               the various size categories. According to the Kittery
               Harbormaster it is reasonable to assume that the distribution
               of boats of different sizes will remain about the same over
               the next five years.

               The following table presents the mooring projections by size
               categories for the three projections presented above. In
               addition, the table presents the average figures which were
               used for planning purposes.




















           Wallace, Floyd, Associates Inc.









            Boating Projections
            2 April 1990
            Page Three



                             TABLE 1: 1995 MOORING PROJECTIONS
                               Percent of           Total Moorings
                   Boat        moored &       **(J)      (2)      (3)
                   Size        waiting*        695       641      596       AVG


                     7-10         2%           14         13       12        13


                   11-15        10%            70         64       60        65


                   16-20        20%           139        128      119       129


                   21-25        20%           139        128      119       129


                   26-30        24%           167        154      143       155


                   31-35        1%             76         71       66        71


                   36-40        10%            70         64       60        65


                   40+            2%           14         13       12        13



                   (1) Based on National Marine Mfgs. figures
                       (3.91% growth) (914 registered boats)

                   (2) Based on Maine Registration figures
                       (2.43% growth) (844 registered boats)

                   (3) Based on Kittery population/registration figures
                       (1 boat per 15 people) (784 registered boats)

                       Assumes % of boats in each category will be the same in
                        1995 as it was in 1989. Percent of boats in each
                        category is based on mooring list and waiting list.

                       Assumes # moorings represents 76% of boats registered,
                        based on the current ratio.
















            Wallace, Floyd, Associates Inc.




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 I               PROPOSED MOORING PLAN
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                                    TABLE OF CONTENTS


                                    I         Introduction
                                    I I       Geographical Setting of Pepperrell Cove
                                    III       Mooring Demand
                                    I V       Mooring Layout Alternatives
                                    V         Mooring Scope and Hardware Recommendations



                                    LIST OF FIGURES


                                    FIGURE 1  Site Location Plan (1:24000)
                                    FIGURE 2  Wave/Tidal Stream Exposure
                                    FIGURE 3  Wind Exposure
                                    FIGURE 4  Navigation/Space Allocation
                                    FIGURE 5  Mooring Plan A
                                    FIGURE 6  Mooring Plan B
                                    FIGURE 7  Mooring Scope Recommendations (Department of Economic &
                                              Community Development)
                                    FIGURE 8  Mooring Scope Recommendations (Piloting)



                                    LIST OF TABLES

                                    TABLE 1   Mooring Demand for Kittery Anchorages
                                    TABLE2    Mooring Demand for Pepperrell Cove
                                    TABLE3    Size and Type Characteristics of Boats on Waiting List
                                    TABLE4    Mooring Circle Requirements for Pepperrell Cove
                                    TABLE5    Suggestions for Permanent Yacht Moorings


                                    APPENDICES


                                    A.        References
                                    B         'Mooring Standards'



















                                    Mooring Plan-1












                                                    INTRODUCTION


                                                    Pepperrell Cove site is situated at the entrance to historic Portsmouth
                                                    Harbor which straddles Maine and New Hampshire. The abutting
                                                    shore front is part of York County, Maine, which has experienced
                                                    unprecedented growth in the last decade. This regional growth has
                                                    increased demand for mooring space for a growing number of coastal
                                                    craft. The site location is shown on Figure 2.

                                                    An aerial photograph of Pepperrell Cove in the summer season reveals
                                                    an indiscriminate pattern to the boats that are currently moored.
                                                    Reports have been made of boat collisions during certain-wind and tidal
                                                    conditions. Channel approach to the town dock and Chauncey Creek is
                                                    not clearly defined and some competition would appear to exist between
                                                    mooring space allocation and lobster traps.

                                                    This mooring plan studies available space at Pepperrell Cove and
                                                    makes recommendations for optimization of existing space to
                                                    accommodate a recreational and fishing fleet. It is recognized,
                                                    although not addressed in this section of the Report, that shoreside
                                                    facility improvement, particularly in the area of parking, will be
                                                    required to maximize efficient use of present mooring resources.

                                                    A'Mooring Plan' is a guide to water resource use. The recommendations
                                                    outlined in this study should be subject to periodic reviews which
                                                    consider Kittery management practices, environmental impact, trends
                                                    or changes in fleet characteristics (i.e. power to sail, pleasure to
                                                    commercial), impact on local residences and businesses, additional or
                                                    reduced space availability and waterfront use changes in the estuary.

                                                    Based on a study of site wind, wave and tidal exposure, and an on-site
                                                    review with former Harbor Master Robert Pomella, Mooring Plans
                                                    have been prepared for Pepperrell Cove to relieve existing problems
                                                    associated with overcrowding and to develop a program of mooring
                                                    management.

                                                    Pepperrell Cove is currently near capacity (existing moorings number
                                                    202). In order to accommodate additional moorings, the following
                                                    mooring management practices are recommended:

                                                    1 .     Establish a grid system for mooring placement.
                                                    2.      Begin standardizing ground tackle for similar type boats.
                                                    3.      Group moorings in relation to boat type and behavior of boat at
                                                            the mooring.

                                                    With the implementation of the above recommendations it is
                                                    estimated that the number of moorings could be increased to
                                                    approximately 216 (see Figure 5). Mooring Plan A does not serve to
                                                    reduce the waiting list significantly (166 boats on waiting list 10/4/89).

                                                    The existing mooring practice in Pepperrell Cove is to use a single point
                                                    mooring system (i.e. single block or anchor). A single point mooring
                                                    system also forms the basis for Mooring Plan A. An alternative mooring
                                                    system such as Dual Mooring Blocks or Multiple Boat Mooring Chain


                                            Mooring Plan-2








                                                       could be introduced in a designated area of Pepperrell Cove in order to
                                                       create higher density space allocation. Realistically, this system is
                                                       best introduced by the users themselves. A class of sailboat or similar
                                                       motor boats would lend themselves to high density moorings provided
                                                       the owners cooperated as a group to install the mooring system.

                                                       Additional moorings could also be achieved by dredging the shallows
                                                       south of Gooseberry Island or at the entrance to Chauncey Creek. With
                                                       current environmental legislation, dredging is not perceived as a viable
                                                       alternative. Further studies to explore dredging possibilities would
                                                       require a detailed hydrogeological and environmental impact analysis
                                                       which is outside the scope of this study.


                                              ii       GEOGRAPHICAL SE"rTrNG OF PEPPERRELL COVE


                                              A.       SITE DESCRIPTION

                                                       It is appropriate in the evaluation of mooring plan alternatives to
                                                       address the nautical characteristics of the site. Pepperrell Cove is
                                                       strategically placed at the entrance of Portsmouth Harbor. Because of
                                                       its relatively uniform depth of 12 feet at low water, mud bottom (good
                                                       anchor holding characteristics) and moderate protection, one can
                                                       speculate that Pepperrell Cove traditionally provided a temporary
                                                       anchorage for sailing vessels awaiting a favorable tide prior to transit
                                                       up the Piscataqua River to a more sheltered berth in the commercial
                                                       dock area.


                                                       Sea conditions in Pepperrell Cove are described in the following extract
                                                       from A Cruising Guide To The New England Coast, 1983.

                                                           Pepperrell Cove. This is an open bight in the northeast corner of
                                                           the harbor opposite Fort Constitution. There is ample depth here,
                                                           but it is crowded with moorings. If you want to lie here, edge up to
                                                           the float and search out Frank Frisbee at the store. If there is a
                                                           vacant mooring, he will know of it. Do not lie on the front of the
                                                           float except in very quiet weather. The roll is devastating. Lie
                                                           bow to the southward on the west end. There is water enough to
                                                           allow you to swing around and come alongside. On ordinary nights
                                                           this anchorage is safe enough, but uneasy. Most of the moored
                                                           yachts are small boats with aluminum masts and wire halyards.
                                                           When they all get rolling and jingling their halyards more or less
                                                           in concert, the effect is far from soporific.

                                                           In a southerly or easterly gale, Pepperrell Cove is impossible.
                                                           Otherwise it is an acceptable, if not particularly desirable,
                                                           anchorage.

                                                       While the above passage is primarily directed towards yachtsmen in
                                                       transit, it does provide a graphic description of the southerly exposure
                                                       and the lack of protection from sea swell generated by winds from the
                                                       south quadrant.




                                              Mooring Plan-3










                                            B.      WAVE, TIDAL STREAM, AND WIND EXPOSURE

                                                    No measured data for the tidal current effects in Pepperrell Cove were
                                                    collected. However, an Army Corps of Engineers'soundings@ plan
                                                    together with local knowledge, indicate an easterly flood into and a
                                                    westerly ebb out of Chauncey Creek. The mean range of tide in
                                                    Portsmouth Harbor is 8.1 feet. This range together with estuarian flow
                                                    characteristics of Portsmouth Harbor make tidal stream action
                                                    unpredictable. Figure 2 indicates the direction and relative magnitude
                                                    of current flow. From a mooring plan perspective it is important to note
                                                    that the "wind opposing tidal stream" condition does exist in
                                                    Pepperrell Cove, which makes shared mooring floats, or reduced
                                                    mooring hardware (weight and scope), not feasible.

                                                    Figure 3 correlates wind direction with the degree of protection
                                                    afforded by the geographical location of Pepperrell Cove and
                                                    surrounding land mass. The rocky shoreline is an indication of
                                                    significant wave action induced by the summer prevailing southwest
                                                    wind flow. Winter protection from "northeasterlies" to the small
                                                    number of resident fishing vessels is good. Pepperrell Cove would not
                                                    provide a safe anchorage for the unpredictable tropical storms that
                                                    occasionally reach the Maine coast. The harbor master should advise
                                                    boat owners to have a contingency plan for vessel protection during the
                                                    hurricane season.


                                            III     MOORINGDEMAND


                                                    Table 1 indicates the number of boat users that currently have moorings
                                                    and those that are on the waiting list for a number of anchorages under
                                                    jurisdiction by the Town of Kittery.



                                                                            TABLE 1
                                                    MOORING DEMAND FOR KITTERY ANCHORAGES


                                                    ----------------------------------------------------------------
                                                    Boat Length         (Ft.)       Boats Moored & Waiting
                                                       Range            Max.         #Boats          % Total
                                                    ----------------------------------------------------------------
                                                         7-10           10              13                 2
                                                       11-15            15              65               10.
                                                       16-20            20              129              20
                                                       21-25            25              129              20
                                                       26-30            30              155              24
                                                       31-35            35              71               11
                                                       36-40            40              65               10
                                                         40+            45              13                 2

                                                    ----------------------------------;-----------------------------
                                                    TOTAL                               640            100

                                                    ---------------------------------------------------------------








                                            Mooring Plan-4








                                                      Table 2 indicates the number of boat users that have existing moorings
                                                      at Pepperrell Cove and the number of boat owners currently on the
                                                      waiting list.

                                                      An inspection of these Tables indicates that Pepperrell Cove is the
                                                      main anchorage for the Town of Kittery, attracting approximately 60%
                                                      of potential boat users. In addition, Pepperrell Cove attracts a large
                                                      proportion of boats in the 21' - 35' size range, probably reflecting the
                                                      popular location for sailboats adjacent to the seaward channel away
                                                      from the tidal stream affects of the upper harbor area. This
                                                      hypothesis is reinforced by Table 3 which indicates size and type
                                                      characteristics of boats on the waiting list for Pepperrell Cove.

                                                      Table 3 illustrates that a small percentage of the existing fleet at
                                                      Pepperrell Cove is commercial fishermen. As these professionals are
                                                      frequent users, and potentially mooring year round, they should be
                                                      given priority in the mooring plan layout.

                                                      Temporary. demands will be placed on mooring spaces by visiting yachts
                                                      approaching for fuel and services and an overnight berth. Pepperrell
                                                      Cove Yacht Club, situated on shore, may host annual events which
                                                      require temporary space allocation. Mooring management may allow
                                                      these space to be filled by normal attrition during the season created by
                                                      boatowner vacation trips.
































                                             Mooring Plan-5











                                                                         TABLE 2
                                                  MOORING DEMAND FOR PEPPERRELL COVE



            --------------------------------------------------------------------------------------------------------------------------
            BOATLENGTH             (Fr)      EXISTING BOATS           BOATS ON WAITING LIST BOATS MOORED & WAITING
                 RANGE             MAX.           BOATS %TOTAL           #BOAIS        % BOATS              BOATS           #TOTAL

            -----------------------------------   T--------------------------------------------------------------------------------------
                   7-10            10             1           0               1             1                   2                  1
                 11-15             15             14          7               8             5                 22                   6
                 16-20             20             37         18              24             14                61                 17
                 21-25             25             41         20              43             26                84                 23
                 26-30             30             51         25              63             38               114                 31
                 31-35             35             30         15              14             8                 44                 12
                 36-40             40             19          9               9             5                 28                   8
                    40+            45             9           4               4             2                 13                   4

            --------------------------------------------------------------------------------------------------------------------------
                TOTAL                             202        100             166           100               368                100

            --------------------------------------------------------------------------------------------------------------------------








                                                                         TABLE3
                                   SIZE AND TYPE CHARACTERISTICS FOR BOATS ON WAITING LIST
                                                    (FROM MOORING WAITING LIST 10/4/89)


            --------                                                                                          ---------
            BOAT                                                                                              TOTAL
            LENGTH                                    LOBSTER                                                 PER
            (FT)          SAIL          POWER BOAT                  SKIFF OUTBOARD DORY LENGTH %TOTAL

            -----------------------------------------------------------------------------------------------------------------------
            7-10                                  1                                                                  1             1
            11-15             2                   1                      1            4                              8             5
            16-20           13                    4       1                           4               2            24            14
            21-25           32                    9       1                           1                            43            26
            26-30           59                    3       1                                                        63            38
            31-35           11                    3                                                                14              8
            36-40             8                                                                                      9             5
            4G+               2                   2                                                                  4             2

            ---------       ----             ---
            TOTAL           127              23           4              1            9               2            166

            -----------------------------------------------------------------------------------------------------------------------
            % TOTAL         77               14           2              1            5               1            100           100

            -----------------------------------------------------------------------------------------------------    7------------------















                                                  Mooring Plan-6










                                           IV     MOORING LAYOUT ALTERNATIVES


                                           A.     NAVIGATION /SPACE ALLOCATION

                                                  The first priority of any mooring plan is navigation. The main harbor
                                                  channel approach from seaward is marked with a shoreside transit
                                                  west of the town pier. This transit is bisected by another transit to
                                                  guide vessels into Portsmouth Harbor. Red Nun #4 marks the passage
                                                  clear of Fishing Island. Both mooring plan recommendations identify a
                                                  50' wide channel approach to the town dock. This channel approach
                                                  lines up with the intersection of the two main harbor channel transits,
                                                  providing a direct navigational approach for vessels not familiar with
                                                  the area or for use during the hours of darkness. A 50' wide channel
                                                  approach to Chauncey Creek which leaves Red Nun#4 to starboard has
                                                  also been included.


                                                  Space allocation has been shown on Figure 4 based on the following
                                                  parameters:

                                                  1 .     Depth of Water
                                                  2.      Protection from Weather
                                                  3.      Mooring Allocation by Type of Vessel
                                                  4.      Mooring Allocation by User, i.e., Fishermen
                                                  5.      Space for Maneuvering Around Town Dock

                                                  It should be noted that the main channel transit should be kept clear of
                                                  obstructions. Placement of motor boats rather than sail boats in this
                                                  area requires review with the Port Authority.

                                           B .    MOORING LAYOUTS

                                                  Two mooring plan layouts have been prepared based on single mooring
                                                  point tackle for each vessel. Mooring tackle is discussed in Section V.
                                                  The mooring circle space requirements for length of vessel are identified
                                                  in Tables 2 - 4 for existing boats and those on the waiting list. Two
                                                  methods of determining the requirements for mooring area were used,
                                                  based on the following variables and recommendations identified in
                                                  Figures 7 & 8.

                                                  1 .     Depth of High Water
                                                  2.      Height of Bow
                                                  3.      Length of Boat

                                                  Mooring Plan A (see Figure 5)

                                                  This plan optimizes available space with a variable grid system. The
                                                  plan provides moorings for 216 boats in 5 anchorage locations. The
                                                  variable grid will require more work to initially set up, but will
                                                  optimize the available mooring space.

                                                  Mooring Plan B (see Figure 6)

                                                  This plan is not as efficient (205 moorings) as Plan A but has a more
                                                  uniform grid system facilitating flexibility and management. This


                                           Mooring Plan-7









                                                      plan would be easiest to implement in the short term with a long te
                                                      transition to Mooring Plan A which requires careful allocation of spaTce
                                                      in the 75' diameter mooring Circle locations. In the southern section of
                                                      the West Anchorage mooring water depths have been limited to
                                                      MLW=18 ft., reflecting the 100'grid system adopted. Mooring Plan A
                                                      extends moorings into deeper water be increasing grid spacing.

                                                      Both mooring plan layouts have several characteristics in common
                                                      which serve to dictate mooring density constraints. These are
                                                      identified below:


                                                      1.       Approach Channels - space has been allocated for clear
                                                               channel approach to the town dock and Chauncey Creek.
                                                               Although width of channel is indicated as fifty feet, actual
                                                               channel width will fluctuate from a minimum of fifty feet and
                                                               wider, depending on the response of vessels adjacent to the
                                                               channel to wind and sea conditions.


                                                      2.       Depth of water - Depths indicated in Figures 5 and 6 reflect
                                                               chart datum depths in feet at Mean Low Water (MLW). A
                                                               reduction in this depth will only occur during occasional
                                                               astronomical occurrences as predicted by tide tables. Generally,
                                                               moorings are placed in a range of MLW=6 feet to MLW=24 feet
                                                               which corresponds to high tide depths of approximately 15
                                                               feet and 33 feet respectively. A shallower placement of
                                                               mooring tackle would increase the risk of "grounding" at low
                                                               water and a deeper placement substantially increases mooring
                                                               tackle requirements (refer to Section V).

                                                      3.       Exposure - In maxin-dzing the usable space in Pepperrell Cove,
                                                               the degree of mooring protection was to some degree
                                                               compromised by an attempt to optimize mooring capacity. It
                                                               should be recognized that degree of protection from wind and
                                                               wave action varies throughout the anchorage. For example, in
                                                               Figure 5 the "Southeast" Anchorage is more protected than the
                                                               "Southwest" Anchorage. Boat users will be most vulnerable to
                                                               sea conditions when transiting by dinghy between the town
                                                               dock and their vessels and must be outfitted accordingly.

                                                      4.       Mooring Circle Clearance - With the exception of the 150'
                                                               diameter moorings for larger vessels in deeper water, mooring
                                                               circle lines of influence do not overlap (see Figures 5 and 6). In
                                                               the case of the 150' diameter mooring circle allocation, an
                                                               overlap of mooring circles has been recommended to maximize
                                                               space allocation. These areas correspond to deeper water and
                                                               increased anchorage exposure where wind and sea conditions
                                                               are less influenced by Chauncey Creek flow and land mass
                                                               generated wind disturbances, thereby exhibiting more uniform
                                                               boat behavior.


                                                      5.       Grid Spacing - Section V identifies mooring circle size
                                                               requirements based on vessel size and depth of water. In order
                                                               to provide flexibility in initial and future mooring allocation,
                                                               standard "grid spacing" of 75', 100'and 150'were chosen. This


                                             Mooring Plan-8







                                                          will also provide some buffer to account for the owner's trend of
                                                          increasing the size of his/her boat.
                                                   6.     Lobster Trap Placement - Mooring plans were generated without
                                                          consideration for lobster trap placement. No policy is currently
                                                          established by the Town of Kittery regarding the placement of
                                                          traps in the anchorage area. Space allocations for traps will
                                                          impact the number of available mooring spaces.

                                           C.      MOORING OPTIONS

                                                   Both mooring options presented are for single point moorings. The
                                                   exposure conditions rule out any floating dock arrangements.

                                                   If any user groups can be identified (i.e. yacht club, fishermen), then
                                                   mooring density could be increased with a dual or multipoint anchor
                                                   system or communal chain mooring. There may be incentive for this,
                                                   particularly by waiting list members who could speed up mooring
                                                   allocation. A questionnaire could be made part of the application. Any
                                                   group, however, would have to accept liability for the mooring
                                                   arrangement (as for single point) and would have to have similar
                                                   vessels. The Harbor Master could allocate space for these mooring
                                                   configurations in a designated area.


                                           V       MOORING SCOPE AND HARDWARE RECOM34ENDATIONS

                                                   In order for the mooring plan to function effectively, minimum
                                                   standards for mooring tackle should be established to ensure similar
                                                   "mooring behavior" of mooring groups.

                                                   Sources for mooring tackle recommendations are presented below by
                                                   their applicability to Pepperrell Cove:

                                                   A.     Mooring Circle Diameter Determination

                                                          1.      Mooring Plan Handbook, (Reference 1).

                                                                  Figure 7 illustrates the recommendations for length of
                                                                  chain and pennant for depth of water. When applied
                                                                  to the depth of water and size of vessel a mooring circle
                                                                  diameter or "circle of influence" is calculated. This
                                                                  information is used to determine the grid spacing on the
                                                                  mooring plans.

                                                                  Piloting, Seamanship & Handling, (Reference 4)

                                                                  Figure 8 identifies recommendations for scope based on
                                                                  heavy chain, light chain and a pennant for depth of
                                                                  water.








                                           Mooring Plan-9











                                                               TABLE 4
                                  MOORING CIRCLE REQUIREMENTS FOR PEPPERRELL COVE


          -----------------------------------------------------------------------------------------------------------------------------
          BOATLENGTH .           # OF BOATS                   MAX. DEPTH (FT)         BOW HT.       MOORING CIRCLE DIA.
          RANGE       MAX.       EXISTING      WAITING        LW      H W              FT           SEE NOTE 1 SEE NOTE 2


          7-10          10             1          1           10      19               1               78             73
          11-15         15           14           8           10      19               2               82             81
          16-20         20           37          24           12      21               3               94             95
          21-25         25           41          43           12      21               4               99           103
          26-30         30           51          63           12      21               5              285           ill
          31-35         35           30          14           15      24               6              119           129
          36-40         40           19           9           18      -27              7              134           146
          40+           45             9          4           18      27               8              138           154


          Notes:
          1. Mooring circle diameter based on Figure 7 recommendations.
          2. Mooring circle diameter based on Figure 8 recommendations.
          ------------------------------------------------------------------------------------------------------------------------------





                                                   Table 4 outlines the Mooring Circle diameters generated for boat length
                                                   and depth of water criteria based on the two references above. This
                                                   information has been used to determine the grid spacing on the mooring
                                                   plans presented.

                                                   B .      Ground Tackle Recommendations

                                                            1 .     Mooring Plan Handbook, (Reference 1)

                                                                    Chapter 5 - Mooring Standards of this reference is
                                                                    appended and provides guidance for size of tackle
                                                                    required relative to size of vessel and expected wind
                                                                    speed. A minimum expected wind speed of 60 knots
                                                                    should be used to determine size of mooring tackle to
                                                                    reflect storm conditions in Pepperrell Cove.

                                                            2.      Piloting, Seamanship and Handling, (Reference 4)

                                                                    Ground tackle recommendations from this reference are
                                                                    presented in Table 5.














                                           Mooring Plan-10










                                                                                                             TABLE5
                                                                   SUGGESTIONS FOR PERMANENT YACHT MOORINGS
                                                                                   (FOR WIND VELOCITIES TO 75 MPH)


                                  scat    .     Mushroom               Neavy Chain                   Ught Chain                                       Pennant                                Total scope
                                 Length          Anchor                                                                      Length                           Diameter                        (Chocks to
                                Overall I      (Min. Wt.)        Length          Diameter      Length          Diameter     (Minim.)           Manila    I        Nylon    stainfassstool     Mushroom$
                              -FOR MOTOR BOATS-
                                  25              225              30              7/8           20              3/8           20              1                  7/8           9/32              70
                                  35              300              35                1           20              7/16          20              1-1/4              1             11/32             75
                                  45              400              40                1           20              1/2           20              1-1/2              1-1/4         3/8               80
                                  55              so               50                1           20              9/16          20              2                  1-1/2         7/16              90
                              -FOR RACING TYPE SAILBOATS-
                                                  125              30              5/8           20              5/16          20              1                  7/8           9/32              70
                                                  200              30              3'/4          20              3/6           20              1-1/4              1             11/32             70
                                                  323              35                1           20              7/16          20              1-1/2              1-1/4         3/8               75
                                                  450              45                1           20              9/16          20              2                  1.1/2         7@16              85
                                FOR CRUISING TYPE SAILBOATS-
                                  25              173              so              3/4           20              3/16          20              1                  7/8           9/32              70
                                  35              250              so                1           20              3/8           20              1-1/4              1             11/32             70
                                  45              400              40                1           20              7/16          20              1-1/2              1-1/4         3/8               so
                                  55              550              35                1           20              9/16          20              2                  1-1/2         7/16              95
                                                        NOM-Hosivy chain to be shackled to mushroom anchor. light chain shackled to end of hoonry chain.
                                                          With oWniess, steel pennants. use speds bow chocks and mooring Ditto to eliminate sharp bonds.













































                                                                            Mooring Plan-11











                                        REFERENCES



                                        1.     Mooring Plan Handbook, Department of Economic and Community
                                               Development, Office of Comprehensive Planning, October 1989.

                                        2.     12-Foot Anchorage Conditions Survey Plan, Drawing No. 1968-D-15-1
                                               Department of the Army, New England Division.

                                        3.     A Cruising Guide'to the New England Coast, Duncan & Ware, 1983.

                                        4.     Piloting, Seamanship and Handling, Chapman, 1972.

                                        5.     United States Coast Pilot, Atlantic Coast: Eastport to Cape Cod, 1989.










































                                        Mooring Plan-12




          Reprinted from Mooring Plan Handbook, Department of Economic and
          Community Development, Office of Comprehensive Planning, October 1989.


                               CHAPTER 5 - MOORING STANDARDS


                Loads placed upon moorings vary considerably depending upon
           the type of vessel at the mooring. For example, under a gale
           wind (30-40 XPH), a 25-foot open boat with no cabin will exert a
           pull of about 540 pounds on its mooring. Under the same
           conditions, a 25-foot cabin boat will exert a force of about 700
           pounds. Boats which lay calmly with their bow into the wind
           exert less force on their moorings than those which constantly
           sail around their mooring. Consequently, it is as impossible to
           say that all boats of equal length require the same size mooring,
           as it is to say that all men of the same height should wear the
           same shoe size.

                A boat owner should have some confidence that, during storm
           conditions, other*boats will not break loose from their moorings
           and damage his vessel. For this reason, it is advisable for a
           community to set some minimum standards. However, because
           mooring loads are so variable, such standards cannot be applied
           to all boats, nor can the community be held liable for damage
           inflicted if a minimum standard mooring fails. A parallel'to
           this is state inspection of automobiles. The vehicle may pass
           inspection, but the state is not held liable if at a time
           following inspection, the car or truck is involved in an
           accident.



           TACKLE DESIGN

                The American Boat and Yacht Council recommends the.following
           design loads as standards for mooring design:



                                          TABLE III

                                 Ground Tackle Design Load

           LENGTH OF BOAT        BE         42 KNOT WIND          60 KNOT WIND
                201                71             720 lbs               1,440 lbs
                251                So              980 lbs              1,960 lbs
                301                91           1,400 lbs               2,800 lbs
                351              101            1,800 lbs               3,600 lbs
                401              ill            2,400 lbs               4,800 lbs


           (Use length or beam   whichever produces   the  largest load  value.)




                                               30







;ter 5 - MOORING STANDARDS


       CHAIN CHARACTERISTICS

             It is recommended that all chain used for moorings be strong
       enough to resist the loads caused by a 60-knot wind. Chain comes
       in a variety of strengths, depending upon the type of link and
       alloy of steel used, but ordinary chain can be expected to have
       the following characteristics:



                                      TABLE IV

                               chain characteristics

             21ZE                 WEIGHT/FOOT          WORKING LIMIT*
             1/4"                       .75                  1,325 lbs
             5/16"                    1.14                   1,980 lbs
             3/8"                     1.64                   2,750 lbs
             1/2w                     2.92                   4,750 lbs
             5/8"                     4.43                   7,250 lbs



             *NOTE: Working limits are considerably below breaking
             strength of chain to allow for corrosion as well as safety
             factor. Several authorities recommend using 20% of the
             breaking strengths as the working limit.


       ROPE


             Twisted 3 strand nylon rope is recommended for any rope used
       on a mooring. It is not only rot resistant and does not
       deteriorate appreciably in salt water, but it has considerable
       capacity to stretch and act as a shock absorber under shock
       loads. Under day-to-day loading, nylon rope should not be
       stressed more than 11 percent of its breaking strength according
       to cordage manufacturer's recommendations. However, to obtain
       the advantage of the stretch for shock loading, it should be
       stressed to 25 percent of its breaking strength. (When stressed
       less than 25 percent, the rope does not stretch, failing to
       provide any shock loading advantage.) Under ultimate loading, it
       should not be stressed to more than 50 percent of its breaking
       strength simply because of the loss in strength at knots and
       splices.

             Taking into consideration the characteristics of nylon rope,
       it is recommended that moorings be designed so that the loads
       produced by a 60-knot wind should not exceed 25 percent of the
                                         31







-Napter S - MOORING STANDARDS
            breaking strength of the rope. A table for the characteristics
            and strengths of 3 strand nylon rope is shown below:



                                                 TABLE V

                                   Characteristics and Strengths
                                    Twisted 3 Strand Nylon Rope

            Dia. of Rope       Weight             Average Breaking         Breaking Test
            inches Mms.* lbs/100 ft                   test - lbs              lit         25-%
                                                                                    (lbs)

            3/8           9      3.5                    30,700                410  lbs     925
            7/16       10        5.0                    5,000                 550
            1j250
            1/2        12        6.5                    61400                 700       1,600
            9/16       14        8.3                    8,F000                880       21000
            5/8        16       10.5                   10,400              1,140
            2,600
            3/4        is       14.5                   14,200              1,560        3,550
            7/8        22       20.0                   10j'000             2,200        5,000
             1         25       26.0                   25,000              2,750        6,250

                                 Closest metric rope size


            MOORING BLOCK


                  The size and weight of the mooring block or anchor used to
            secure the mooring chain to the bottom is also a variable factor.
            By providing scope, the weight is not a direct lift but has a
            horizontal factor as well when the block drags across the bottom
            and digs into the harbor floor. The softer the bottom, the more
            the block digs in and the stronger the mooring. All anchors, of
            course, take advantage of this digging characteristic.

                  Scope is the ratio of the length of the mooring chain and/or
            rope to the vertical distance from the anchor or mooring block to
            its highest point. In Figure 11, the mooring chain length is
            twice the vertical distance from the harbor floor to the mooring
            float at high water - a scope of 2-to-1. With a pennant 2 1/2
            times the height of the bow of the boat, the total length of the
            chain plus the pennant is 68 feet, or 2.06 times the total
            distance from harbor floor to the bow of the boat. The scope for
            the entire mooring is 2.06-to-1.

                  Weight alone is the deciding factor when sizing the block
            because a mooring block does not have sharp edges designed to
                                                   32







pter 5   MOORING STANDARDS

       bite into the harbor floor. The material the block is made of is
       all important as can be seen from the comparison of the submerged
       weights of concrete, concrete and steel or granite listed below:





                                     TABLE  VI


                             Mooring Block  Comparison

                                                                 Weight in
                                            Air Weight           Sea Water

       30 gallon container filled with
         Iconcrete                            601.60             344.90
       30 gallon container filled with
          90% concrete & 10% steel            747.84             481-14
       55 gallon container filled with
          concrete                          1,102.90             623.30
       55 gallon container filled with.
          90% concrete & 10% steel          11352.4              881'.80

       2,000 pound block concrete vs. 2,000 pound block/granite:
             2,000 lb. concrete block in sea water weighs      11147 #
             2,000 lb. granite block in sea water weighs       1,269 #

             When comparing the variety of blocks available for mooring,
       it is important to consider that the submerged weight of concrete
       is only 86 pounds per cubic foot, while the submerged weight of
       granite is Ill pounds per cubic foot.

             Since, as discussed above, a boat does not pull directly up
       on a mooring block,,- but at an angle, the actual-uplift on a
       mooring block is less than the tension an the mooring chain. The
       longer the chain, the less uplift upon the block. With a chain at
       least twice the depth of the water, the direct uplift on the block
       is about one half the tension on the chain. Therefore, the
       mooring block theoretically must only weigh, when immersed in
       water, one half the force applied to it by the sloping mooring
       chain.

             However, this sloping pull on the chain also produces a
       horizontal force oathe mooring block as well. This force is
       about 87% of the tension in the chain. on a soft bottom, the
       mooring block sinks into the mud and when a strong horizontal
       pull is produced, it is necessary to displace the mud before the
       mooring will drag. The shape of the block and the
       characteristics of the bottom certainly have a bearing on the
                                        33







 `4hapter 5   - MOORING STANDARDS

              ability to resist this horizontal force so that no general rule
              of thumb can be set up to size the mooring block.* (Many harbor
              masters recommend flat thinner blocks rather than thick curved
              cubical shapes.) However, round objects, such as barrels filled
              vith concrete, may roll on the bottom and are not thought to be
              as good as more rectangular objects.


              RECOMMENDED STANDARDS

                     As stated previously, mooring standards cannot be all
              encompassing, but general guidelines for mooring construction are
              certainly appropriate. when a mooring block is to be used, it is
              suggested that it be granite instead of concrete if at all
              possible. on a weight basis only, granite is close to 10 percent
              more effective than concrete and because of its greater density
              it may sink into soft bottom sediments more readily and gain
              supplemental capacity from those sediments. In addition, the
              chain should be as long as possible and as heavy as practical.
              THere should be a heavy swivel in the chain as low as possible,
              but high enough so that it can be inspected at low tide. All
              shackles should be at least one size larger than the chain with
              pins securely lashed in place to prevent them from backing out.
              All rope should be good quality , three strand nylon with heavy
              galvanized thimbles in all eye splices where the rope joins the
              chain or other metal. Wherever ropes comes in contact with
              objects which tend to cause it to wear or braid, it should be
              protected with chafing gear. Frequently, rubber or plastic hose
              can be adapted to provide excellent chafe protection from bow
              blocks-and whenever the rope rubs against the stem of the boat.
              The equipment standards below are appropriate for slimmer moorings
              for pleasure boats in protected harbors. Commercial boats which
              are used all year long or boats in exposed areas would do well to
              utilize heavier gear.




                                                    TABLE VII


                                         HIN330M MOORING STANDARDS

                                                                           Weight in Air
                     Boat         chain         Pennant' Block*            Concrete      Granite

                     20           5/1611        1/201           360 #         630 #          570
                     25           5/1611        9/1611          490 #         955 #          775
                     30-          3/811         5/811           700 #      1,220 #       1,105
                     35           1/211         3/41f           900 4      1,570 #       1,420
                     40           1/211         7/811         1,200 #      2,100 #       1,900

                                  *Weight in Water
                                                         34







pter 5 - MOORING STANDARDS


            The above standards are minimums. An increase in weight
       beyond the minimum by 30% would be quite appropriate to provide
       some safety factor. The mooring owner is advised to increase
       sizes of the mooring components if his vessel is to be exposed to
       adverse conditions or if his boat places more than ordinary
       strain on its moorings.

            In areas where there is soft sand, silt or mud, a mushroom
       anchor may be an appropriate alternative. (See Figure X for a
       typical mushroom anchor.-) once dug in,, a mushroom anchor is said
       to be able to hold a force equal to ten times its weight. This'is
       not at all true in gravel, hard sand, hard clay or any other
       ocean floor that does not permit a mushroom anchor to dig in;
       therefore, a mushroom anchor should not be substituted for a
       block if the bottom characteristics are not appropriate.

            The Bruce anchor (See Figure XI) was developed for holding
       floating oil drilling rigs in place. Where used to anchor these
       rigs, four or more anchors are deployed so that the load on each
       anchor is unidirectional with little or no tendency to twist the
       anchor out of the ocean bottom. They are said to bury well into
       hard sand or gravel bottoms which are not suitable for mushroom
       anchors, and it is claimed by the manufacturer that they do not
       twist out of the bottom. However, if a permanent mooring is to
       utilize Bruce anchors, there probably should be more nearly
       emulate their original use as oil rigs. These anchors are
       relatively expensive (Over $200 for a simple anchor for a 30 foot
       boat.) so it is doubtful that many moorings systems with three or
      .more Bruce anchors will be used along the Maine coast.




















                                       35





                   FIGURE X


















         ---.@r PICAL- MU6HROOM ANCPOR















                     36





                 FIGURE XI















    7Y PICAL BRUC.,E. ANCHOR






















                     37







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                NOTES:
                                                                                  ANCHORAGE      LOCATION
                1; SOUNDINGS IN FEET                                            "NORTHEMST          I
                2. TAKEN FROM NOAH CHART 013285                                 SOUTHEAST           11
                                                                                FISHING
                 3..SHADED AREA REPRESENTS DEPTHS FROM MLWc6FT. TO i8FT,               ISLAND      -III
                                                                                INORTHWEST          IV
                                                                                                  9



















































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                   NOTES

                   1. SOUNDINGS IN FEET

                  2. TAKEN FROM. NOAH CHART 4613285                                                ANCHORAGE        BOATS        CUMU
                                                                                  L -tv-@ @10O



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                   3. SHADED AREA REPRESENTS DEPTHS FRIM WLwc6FT. TO, 18FT.                          WEST            106             1
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                                 SINGLE POINT MOORING
                              BOAT DESCRIBES A CIRCLEVVITH
                              A 3600 CHANGE IN THE WIND

                  vmHw



                  vm     LENGTH OF PENNANT 2.5Y4?- 10'



                       LENGTH OF CHA'
                                 IN










                                                     LOA- 30'

                       R-- RADIUS OF CIRCLE DESCRIBED BY BOAT
                      LENTH OF CHAIN (5e) + LENGTH OF PENNANT(10')
                                      = 68,
                      AT LOW TIDE     f5-8Z--2--0-7=54.4'

                      AND r?   10?- - 4z --9.2
                      R r,-4- r2 L OA z 54.4+ 9.2 -t- 30 - 93.5


                         TAKEN FROM REFERENCE 1. APPENDIX A.





                                                        PEPPERRELL COVE
                                                          MOORING PLAN
                                                         KITTERY, MAINE


                                                        MOORING SCOPE
                                                      RECOMMENDATIONS



                                                  APRIL 90            FIGURE 7
     PROFESSIONAL GRAPHICS OPO - 3D






















                                              .swgtr of Demna"t :0 cno:k
                                              is 2.5 ti-ges distance



                                                                        -71
                                              Hollow nest bway
                                              to carry light chain






                                                                        HAX. OEPTH
                                                                        OF WATER
                                               tight chain equals
                                               aaxl@ depth of water

                                           "am  chain equals I.S times
                                           9"isan depth, of water


                                                             SW VEL
                                                               L
                                          =R                 SHACJU



                                                         -07AL SCOPE -AEZ0      L?;i@7 C14IN
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                                                        %limi"ir saace '.1tWW -00r4'-'s snould be
                                                         :.25 tin,*$ t.--.41 sca:1 :%s le";:M of boat.


                                        FIG. 634 Oiagrom of mooring practice recommended by the Lake
                                        Michigan Yachting Association and approved by the U.S. Coast
                                        Guard. A weight added at the shackle between lengths of heavy
                                        and light chain would incr*ase holding power.



                                        TAKEN FROM REFERENCE 4. APPENDIX A.














                                                                                          PEPPERRELL COVE
                                                                                             MOORING PLAN
                                                                                            KITTERY, MAINE


                                                                                           M
                                                                                             OORING SCOPE
                                                                                        RECOMMENDATIONS



                                                                                APRIL 90                           FIGURE 8
       PROFESSIONAL GRAPHICS 0P0- 3D




 I
 I
 I
 I
 I
 I
 I
 I              APPENDIX H:
 I              SCARBOROUGH., ME
                SHELLFISH ORDINANCE
 I
 I
 I
 I -
 I
 I
 I                       -
 I
 I
 I




              = W M = M = = = = =                                                                                                                                 M M


                  MARINE AND RESOURCES MANAGEMENT                                                                                                              Appendix B - 2

                  SHELLFISH CONSERVATION ORDINANCE                                                            f. Recommending conservation closures and openings to the Board
                  TOWN OF SCARBOROUGH                                                                         of Selectmen or Council in conjunction with the Area Biologists of
                                                                                                              the Department of Marine Resources.
                  Adopted 1214185, amended 116186                                                             g. Submitting an annual report to the Municipality and the Depart-
                                                                                                              ment of Marine resources covering the above topics and all other
                                                                                                              committee activities.
                  1. Authority. This Ordinance is enacted in accordance with
                  12 M.R.S.A., Section 6671.
                  2. Purpose. To establish a shellfish conservation program for the Town                 4.  Definitions:
                  of Scarborough which will insure the protection and optimum utilization
                  of shellfish resources within its limits. These goals will be achieved by                   a. Resident - the term "resident" refers to a person who has been
                  means which may include:                                                                    domociled in the municipality for at least three months next prior to
                                                                                                              the time his claim of residence is made.
                      a. Licensing                                                                            b. Non-resident - the word "non-resident" means anyone not
                      b. Limiting the number of shellfish harvesters                                          qualified as a resident under this ordinance.
                      c. Restricting the time and area where digging is permitted                             c. Shellfish, Clams - When used in the context of this ordinance, the
                      d. Limiting the minimum size of clams taken                                             words "shellfish and clams" mean softshell clam MYA ARENARIA.
                      e. Limiting the amount of clams taken daily by a harvester                              d Municipality - refers to Town of Scarborough, Maine.

                  3. Shellfish Conservation Committee. The Shellfish Conserva-                           5. Licensing - Municipal Shellfish Digging is required. It is unlawful
                  tion Program for the Town of Scarborough will be administered by the                   for any person to dig or take shellfish from the shores and flats of this
                  Shellfish Conservation Committee consisting of 7 members to be ap-                     municipality without having a current license issued by this municipality
                  pointed by the Council for terms of 3 years.                                           as provided by this ordinance.
                      The Committee's responsibilities include:
                                                                                                         A commercial digger must also have a valid STATE OF MAINE COM-
                      a. Establishing annually in conjunction with the Department of                     MERCIAL SHELLFISH LICENSE issued by the Department of Marine
                      Marine Resources, the number of shellfish digging licenses to be is-               Resources..
                      sued.
                      b. Survey the clam flats to maintain current information on shellfish
                      resources.                                                                              A. Designation, Scope and Qualifications.
                      c. Submitting to the Board of Selectmen, proposals for the expendi-                         L Resident Commercial Shellfish License. The license is avail-
                      tures of funds for the purpose of shellfish conservation.                                   able to residents of the Town of Scarborough and entitles the
                      d. Keeping this ordinance under review and making recommenda-                               holder to dig and take any amount of shellfish from the shores
                      tions for its amendments.                                                                   and flats of this municipality and reciprocating municipalities.
                      e. Securing and maintaining records of shellfish harvest from the
                      town's managed shellfish areas and closed areas that are condition-
                      ally opened by the Department of Marine resources.


                                                                                         Reprinted from Coastal Management Techniques - A Handbook for 1,ocal Officials,
                                                                                         Maine Department of Economic and Community Development, October 1988.







             MARINE RESOURCES MANAGEMENT                                                                                                                         Appendix B - 2

                       2. Non-resident Non-reciprocating Commercial Shellfish License.                        RESIDENTIAL COMMERCIAL                                           $100
                       The license is available to non residents of this municipality and                     NON-RESIDENT* NON-RECIPROCATING COMMERCIAL                        150
                       entitles the holder to dig and take any amount of shellfish from                       RESIDEN17 - OVER 65                                             FREE
                       the shores and flats of this municipality.                                             RESIDENT RECREATIONAL                                              is
                                                                                                              NON-RESIDENT NON-RECIPROCAIING RECREATIONAL                       150
                       3. ResidentialRecreationalShellfish License. The license is avail-                     DEALER'S LICENSE                                                   25
                       able to residents and real estate taxpayers of this municipality,
                       and entitles the holder to dig and take no more than one peck                          D. Limitation of diggers. Because the shellfish resources are limited
                       of shellfish in any one day for the use of himself and his facility.                   and because a commercial or recreational digger can be expected to
                       4. Non-resident Non-reciprocating recreational Shellfish License.                      harvest a certain volume of clams per year, the number of diggers
                       The licens@ is available to any person not a resident of this                          must be controlled. This number will vary from year to year depend-
                       municipality and entitles the holder to dig and take not more                          ing upon estimates of the resource capabilities and management re-
                       than one peck of shellfish in any one day for the use of himself                       quirements consistent with food resource utilization. The following
                       and his family.                                                                        procedures will be followed to exercise control.
                                                                                                                  1. Prior to March 1, the Town Shellfish Conservation Commit-
                       5. License must be signed: The licensee must sign the license to                           tee with the approval of the Commissioner of Marine resources
                       make it valid.                                                                             will establish the number of Commercial or non-commercial
                                                                                                                  licenses to be permitted.
                  B. Contents of Application. Any person may apply to the Town                                    2. The Shellfish Conservation Committee will notify the Town
                  Clerk for the license required by this ordinance on forms provided                              Clerk, in writing, prior to March 1, of the number of licenses to
                  by the municipality.                                                                            be issued. No reservations will be accepted by telephone.
                       1. Contents of the Application. The application must be in the
                       form of an affadavit and must contain the applicant's name, cur-                           3. The Town Clerk shall issue commercial licenses to residents
                       rent address, birth date, height, weight, signature and whatever                           only until June 1, after which licenses shall be issued to residents
                       other information the municipality may require.                                            and non-residents on a first-come, first-serve basis.
                       2. Misrepresentation. Any person who gives false information on                        E. License expiration date. Each license issued under authority of
                       a license application will cause said licensee to become invalid                       this ordinance expires at midnight the 30th day of April next follow-
                       and void.                                                                              ing the date of issue. (Except the first issue - these will expire on
                                                                                                              4/30/87.)
                  C. Fees. The fees for the licenses are as stated below and must ac-                         F. Reciprocal Harvesting Privilege. Licensees from any other
                  company in full the application for the respective license. The Town                        municipality cooperating with this municipality on a joint shellfish
                  Clerk shall pay all fees received to the Town Treasurer. Fees                               management program may harvest shellfish according to the terms
                  received for shellfish licenses shall be used by the Town for shellfish                     of their management program may harvest shellfish according to the
                  management, conservation and enforcement.                                                   terms of their licenses.


                                                                                               B - 5






                MARINE RESOURCES MANAGEMENT                                                                                                                   Appendi)(13 - 2

                     G. Children 12 years or younger may accompany a recreational                       an areas should be opened or closed, the Municipal Officers may call a
                     license holder. The recreational license holder and accompanying                   public hearing on ten-days notice published in a newspaper having
                     children are entitled to dig no more than the previously stated                    general circulation in the Town, stating the time, place, and subject mat-
                     amount, "One peck of shellfish in any one day for the use of himself               ter of the hearing, and shall send a copy of the notice to the Department
                     and his family'.                                                                   of Marine resources. The decision of the Municipal Officers made after
                     H. Suspension. Any shellfish licensee having one conviction for a                  the hearing shall be based on findings of fact.
                     violation of this ordinance shall have his shellfish license automati-             7. Penalty. A person who violates this ordinance shall be punished as
                     cally suspended for a period of 30 days. Any shellfish licensee having             provided by 12 MRSA Section 6671.
                     two convictions for a violation of this ordinance shall have his
                     shellfish license automatically suspended for the balance of the year.
                         1. A licensee whose shellfish license has been suspended pur-
                         suant to this ordinance may reapply for a license only after the
                         suspension period has expired.

                         2. The suspension shall be effective from the date of mailing of
                         a Notice of Suspension by the Town Clerk to the Licensee.

                         3. Any licensee whose shellfish license has automatically been
                         suspended pursuant to this section shall be entitled to a hearing
                         before the Shellfish Conservation Committee upon filing of a
                         written Request for Hearing with the Town Clerk within 30 days
                         following the effective date of suspension. The licensee may ap-
                         peal the decision of the Shellfish Committee before the Board
                         of Selectmen/Town Council by filing a written request for Ap-
                         peal with the Town Clerk within 7 days of the decision of the
                         Shellfish Conservation Committee.

                     I. Only clam forks shall be used in the taking shellfish. No shovels
                     or spading forks may be used.


                6. Opening and Closing of Flats. The Municipal Officers, upon
                the approval of the Commissi   'oner of Marine Resources, may open and
                close the areas for shellfish harvest. Upon recommendation of the
                Shellfish Conservation Committee and concurrence of the Department
                of Marine Resources area biologist that the status of the shellfish
                resource and other factors bearing on sound management indicated that


                                                                                               B-6




















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