U.S. Massachusetts Field Project

The Massachusetts Marine Conservation Agreement (MCA) field project provides an example of a private conservation organization acquiring fee-simple ownership of intertidal lands which are adjacent to uplands owned in fee-simple and managed as a sanctuary.

Mass Audubon's Wellfleet Bay Sanctuary

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See the summary for ocean and coastal management in Massachusetts.

The Massachusetts Audubon Society (Mass Audubon) recently acquired intertidal lands at its Wellfleet Bay Wildlife Sanctuary, located on Cape Cod Bay. Knowing that destructive activities in the intertidal zone adjacent to their upland sanctuary could have an effect on the ecosystem as a whole, Mass Audubon purchased 234 acres of intertidal land. This purchase, combined with hundreds of acres of tidelands previously acquired by Massachusetts Audubon, form a nearly contiguous swath of conserved tidelands wrapping around nearby Lieutenant Island, immediately offshore from Massachusetts Audubon's main upland holdings and Environmental Education Center at the Wellfleet Bay Sanctuary.

Mass Audubon is seeking to encourage public use that does not undermine the sensitive habitat of the tidelands. Private recreational shellfishing continues as an ongoing traditional use of the lands. In 2008, Mass Audubon and The Nature Conservancy partnered on the first-ever oyster restoration project in Massachusetts history, on Mass Audubon’s tidelands property. Funded by the National Oceanic and Atmospheric Administration (NOAA)/TNC Community Based Restoration Program, the project is testing restoration techniques in a two-acre project site to assess the best methods for oyster restoration.

Project Steering Committee members include representatives from the Massachusetts Division of Marine Fisheries, the Town of Wellfleet Shellfish Advisory Committee, the New England Aquarium and others. Community support for the project has been gained since the restoration will likely be a source of spat for the surrounding waters. Between 2008-2011, Mass Audubon and The Nature Conservancy will be working with the Town of Wellfleet on an Experimental Harvest Plan for the area, in an effort to inform more sustainable harvesting of the iconic and world-famous Wellfleet oysters in the Bay.

Mass Audubon found it challenging to determine other tideland owners in the area. Ambiguous or nonexistent descriptions of property in deeds and other documents purporting to transfer title to the tidelands are common. These difficulties are likely related to the low perceived value of tidelands in the past.

Mass Audubon has gained valuable first-hand knowledge relating to tidelands acquisition and protection. As a result, other private conservationists seeking to acquire interests in tidelands would likely benefit from further discussions with their staff.

Location of Wellfleet Bay Wildlife Sanctuary is in red-hatched area. Map courtesy MassGIS.

Transaction Summary

Fee simple	At least 2 distinct intertidal parcels
Area	234 acres (94.7 hectares)
Resource	intertidal flats
Dates/duration	Unknown
Fee/price	$70-80,000
Location	Adjacent to conserved uplands. Wellfleet Bay (Cape Cod Bay)
Use	Preservation; oyster or other shellfish restoration
Grantor(s)	Multiple heirs to original family owners
Grantee(s)	Mass Audubon

Lessons Learned

Before negotiating a possible purchase, one must determine who actually owns the intertidal lands and where the boundaries are. This discovery process can be difficult and protracted, and require extensive legal expertise.
Massachusetts law dictates that intertidal land licensed for shellfish culture must be harvested at some level and that shellfish beds be closed for not more than three year periods at a time. In order to gain approval for the NOAA/TNC/Mass Audubon oyster restoration project, the project team has agreed to negotiate an Experimental Harvest Plan, informed by the scientific monitoring parameters of the restoration site. Town bylaws also limit the total acreage an individual can hold in a shellfish license. Limitations on acreage and the requirement for some level of shellfish harvest prevents larger-scale restoration or conservation projects at this time, without a change in the current law.
The interpretation of the Public Trust Doctrine in Massachusetts allows public access to intertidal areas for “fishing, fowling, and navigation,” including shellfishing. Thus, conservation and restoration projects in Massachusetts, or states with similar laws, need to account for public access, including shellfishing.

Cost Summary

Activity	Costs	Notes
Research of deed	Not available	2 lawyers were used for 2 ½ years of research to determine ownership of land.
Purchase of tidelands	$70-80,000
Personnel	Not available	Staff time devoted to the tidelands has come from the budget for sanctuary operations.
Oyster restoration	$60,000+

Funding Sources

Tidelands acquisition was funded by private donors and members of the Massachusetts Audubon Society. Oyster restoration was initiated with in-kind time from Mass Audubon and The Nature Conservancy. Restoration materials and field technicians are funded by a combination of a NOAA/TNC Community Based Restoration Grant, private donor funds from Mass Audubon and private donor funds from The Nature Conservancy.

Salt marsh in Wellfleet Bay. Image courtesy massaudubon.org.

Lead Organization

Massachusetts Audubon Society
Wellfleet Bay Wildlife Sanctuary
291 State Highway, Route 6
P.O. Box 236
South Wellfleet, MA, 02663
Phone: 508-349-2615
E-mail: wellfleet@massaudubon.org

Partners

For oyster restoration:

Authorizing Agency