Saturday Pond horesepower limits hotly disputed

OTISFIELD — The Maine Department of Inland Fisheries and Wildlife (IFW) held the public hearing in response to local petitions for a limit on boat motor horsepower on the waters of Saturday Pond. The selectmen had agreed with some of the petitioners who attended a selectmen's meeting that "something should be done."

Their concerns were public safety and the safety of the lake's ecosystem, especially the bottom of the shallow body of water. The lake is only 25 feet deep at its greatest depth, and covers 179 acres in what has been described as a "fuzzy H" shape.

In the context of the meeting, however, they were endorsing the idea of a hearing, not specifically that a limit be placed.

At a selectman's meeting the following night, Chairman Hal Ferguson and Selectman Rick Micklon, commented on the hearing. Although both attended at least part of the hearing, they had not been invited to take part as town representatives, as it was a state bureau's hearing.

The two selectmen, however, succinctly summarized the proceedings.

Micklon said the owners of property on the pond were not in complete agreement on a limit of 10-horsepower to motors used there. Some were opposed to any limit, others favored one, but thought the limit was too low.

Ferguson commented that while there were facts and figures thrown out in discussion, he had no way to evaluate.

"If someone says a boat of 75 hp won't disturb the bottom 10 feet down,  and someone else says it will, I have no way of knowing," said the chairman.

"Same here," agreed Micklon, "and I own a boat."

Angela Erskine, the administrative assistant to the IFW Commissioner, said nothing will be done — or legally can be done — until after January 14, when the open period for public comments ends. The commissioner will then decide if a limit is warranted and if the department should proceed. If so, he then has an ordinance written and refers it to a legislative advisory committee. If the committee also approves, the Secretary of State and the Attorney General will be notified of the change.

Erskine, however, pointed out that many of those present at the hearing wanted a limit in excess of the 10 hp the state commonly uses. That would not be so easy to arrange, Erskine said. The 10 hp limit was put in place by the legislature, and that is the only hp limit the statute allows. In other words, it's that, or no limit at all. This is because, as enacted, it was decided, based on expert testimony, that any rate higher than 10 could allow speed or usage in such a way as to be hazardous to life and damage to life or property, by statute, are the only concerns that can result in the limit.

To make matters more complicated, from a practical perspective, Dan Martin, the commissioner of IFW, who was present at the hearing, will be out of office by the time the comment period ends. Colonel Joel Wilkinson, commander of the Maine Warden Service, has been designated as the acting commissioner until Governor Lepage appoints Martin's replacement.

In either case, the selectmen have a plan.

"I looked over the duties and as I read them, a harbor master's duties are basically those of a code enforcement officer (CEO), except he's on the water. The offenses are all civil infractions. I wonder if the CEO can be authorized to do that job, too?" offered Micklon.

"That might be cheaper than hiring a harbor master, but then we'd need to buy a boat, and who knows what else," said Selectman Lenny Adler. "And when would he [a CEO] have time to go prowl the lake?"

Based on the heat with which the subjects had been discussed in the hearing, the selectmen predicted the town would have to deal with the matter if the IFW did not.