Board of Selectmen Hears Opposition to Transfer of Seapit River Grant

The Falmouth Board of Selectmen met Monday evening to consider the fate of the oldest shellfishing grant in the commonwealth. The board heard from representatives of both parties involved in the proposed transfer and extension of the Seapit River grant in Waquoit Bay, as well as voices opposed to the plan.

The Seapit grant was first bestowed in 1877, making it the oldest in Massachusetts. The grant is also distinguished by its unusually large size, measuring 22 acres in an area where such exclusive fishing rights are now commonly apportioned in sections of three to five acres or less. The Seapit River grant, usually extended in units of 15 years, is set to expire on June 6 of this year.

Denise Kelly, who has held exclusive fishing rights to this stretch of the Waquoit Bay estuary since 1986, is seeking to transfer the grant to Atlantic Oysters LLC. The company plans to plant large new oyster beds in the waters covered by the grant, which are considered prime shellfishing grounds.

Several commercial fishermen who work the waters around Waquoit Bay addressed the board, arguing against the extension of the grant. Dave Brown, who estimated his experience in the area at over 30 years, said that local shellfishermen had been “waiting patiently for this grant to expire,” anticipating that it would be broken up into smaller portions and made accessible to a larger section of the shellfishing community. Brown called the proposed transfer and extension of the grant a potential “death blow” to the area's already troubled shellfishing industry.

Representatives of the Mashpee Wampanoag Tribe also argued against the transfer.

“We have worked extensively to preserve the quality of water and life in that bay,” said Robert Maxim, a member of the tribe.

Maxim called the area of the grant a “far too significant amount of territory to be designated for private use,” and a “large part of the original Aboriginal territory that we held as caretakers for more than 5,000 years.”

In 2009, the board received a letter from the Wampanoag Tribal Council, requesting the tribe's name be added to the grant, and claiming an agreement to that effect had been reached with Kelly. However, Kelly disputed that claim, and said that discussions with the tribe had taken place, but had not led to any specific agreement.

After hearing from the public, Selectman Pat Flynn motioned that the proposed transfer and extension be taken under advisement until a future meeting, allowing the members to more fully consider all sides of the question. The board unanimously voted to reconsider the matter at its March 7 meeting.