Lone scalloper traverses Cape Pogue Pond last month. The new moratorium on anchoring aims to protect ecologically sensitive bay scallop beds.
Ray Ewing

Edgartown Adopts Anchorage Moratorium in Cape Pogue Pond

Selectmen voted unanimously Monday to institute a first-of-its-kind moratorium on anchoring in Cape Pogue Pond.

The Edgartown selectmen voted unanimously Monday to institute a first-of-its-kind moratorium on anchoring in Cape Pogue Pond, finalizing a long-held recommendation from the town’s marine advisory committee after recreational boaters flooded the ecologically sensitive marine basin last summer.

The one-year anchoring moratorium will apply to almost the entire pond, save for a small, V-shaped sliver just inside of the gut — the colloquial term for the pond’s opening into the outer Edgartown harbor. It reflects a growing regional balancing act as town officials attempt to weigh the unique area’s recreational, commercial and ecological uses, which are historically shared but have come into conflict in recent years.

New regulations will also include a marked entrance to the gut with no-wake buoys and the stationing of a member of the harbor master department, police or shellfish department in the pond during weekends and holidays during the summer for enforcement.

The anchorage moratorium comes in the wake of a pandemic summer that saw an unprecedented number of boaters — many from the Cape and South Shore — rafting in the pond on weekend days in July, August and September, irking town residents and causing deep concern among about the health and safety of the area’s fragile ecosystems, as well as its character.

Small sliver where anchoring will be allowed this summer lies between productive scallop beds.
Small sliver where anchoring will be allowed this summer lies between productive scallop beds.

Known scientifically as a coastal embayment rather than a Great Pond, Cape Pogue Pond is a shallow, approximately 115-acre circular basin on the north side of Chappaquiddick that is surrounded by barrier beach and connected to Poucha Pond through a channel to the south. The watershed covers some 815 acres. The bay serves as one of the prime shellfishing grounds in the state for bay scallops and quahaugs — and is home to some of the Island’s most remote, pristine beaches and serene waters.

At a February public hearing, Edgartown harbor master Charlie Blair estimated that certain weekend days last summer saw more than 150 boats in the pond, while members of the town marine advisory committee, as well as Cape Pogue residents, registered their alarm over what they described as reckless and inappropriate behavior from recreational boaters. Others, including kiteboarders, advocated for keeping the pond open to anchoring, honoring its historic use as a recreational waterway for boaters.

Most of the land surrounding the pond is owned by Trustees of Reservations, who allow over-sand vehicle access to the area for fishermen, birders and recreational beach-goers.

At the selectmen’s meeting Monday, marine advisory committee chairman Bruce MacIntosh explained the moratorium, and said it came after months — if not years — of discussion among the three-member committee, whose other two members are Martin (Skip) Tomassian and Ed Handy. In a concession to the pond’s role as a recreational waterway, Mr. MacIntosh said a small section that is unproductive for scalloping would remain open to anchoring, according to the committee’s recommendation.

Shellfish constable Paul Bagnall expounded on the science of the decision to keep a small section of the pond open in a letter to the town selectmen, dated March 12.

“This anchorage area is primarily over a mud hole (anaerobic area) between two productive bay scalloping areas. It will allow for access to the pond while limiting environmental damage and protect the eel grass beds found there,” Mr. Bagnall wrote.

The area runs just inside the gut and then turns left toward the embayment’s west elbow — a popular area for beach goers who often will pull their boats to the shore.

Selectmen approved the moratorium with no discussion. It goes into effect immediately and will last through the summer.

“I appreciate the marine advisory committee, the harbor master, the shellfish warden and the shellfish committee all pulling together to come up with these recommendations,” selectman Art Smadbeck said.

Town administrator James Hagerty said town officials would buoy off the area that is open to anchoring and requested that the town departments coordinate to ensure that there was an enforcement presence in the pond. Mr. Hagerty suggested rotating enforcement between the harbor master, police and shellfish departments.

Last Thursday, the Martha’s Vineyard Commission also approved changes to the Cape Pogue district of critical planning concern that will allow for the creation of an advisory committee to enforce new regulations regarding the pond’s recreational use. The DCPC amendments are set to come before voters at Edgartown’s annual town meeting in May.

“That group of multiple stakeholders hopefully will get approved at town meeting, and in turn they can come up with a more solidified, and long-term solution, to addressing the potential issues,” Mr. Hagerty said.

Comments

Submitted by Anonymous (not verified) on Mon, 03/22/2021 - 19:49

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Scorched Earth OB but have lived on Chappy at times.

Finally justice for the Eel Grass and Scallops community. Feels like justice and their experience matters also.

Submitted by Anonymous (not verified) on Tue, 03/23/2021 - 07:28

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Charlie Callahan So Boston/Edgartown

If the public is banned from using the pond,then the residents should not be able to moor their boats either. At dead low tide a lot of their boats scrape bottom and damage the grass and crush shellfish. Or are they more entitled than the not so rich phonies, the whole truth is they just want the pond for the residents and that's illegal.

David Edgartown

Hey, Charlie -- and you'll give up your parking spot in Southie? Just because you live there doesn't mean you get street parking, right, Charlie?

Submitted by Anonymous (not verified) on Tue, 03/23/2021 - 09:41

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Just Asking West Tisbury

Just curious as to the amount of bottom destruction caused by scalloping with dredges. I assume the scallopers don't dredge in the anaerobic section so they would be destroying the same fragile ecosystem being protected by preventing boaters from anchoring.

Jon Katama

Anchors dig up the grasses roots, It’s like digging a hole with a shovel on your lawn in the summer. (Your lawns not going to like that). Dragging is like raking the lawn in the fall.(it doesn’t dig up the roots) But truthfully I think it’s really about some people who don’t like seeing boats out of their windows.

Cameron Chappy

You can think of the bay scallop dredges much like a rake through grass; they are very effective for cleaning out dead debris and of course snatching scallops, but damage to the beds is minimal. This pond has been HEAVILY dredged for many years and is still one of the most productive areas one can find. Good move to protect that.

Submitted by Anonymous (not verified) on Tue, 03/23/2021 - 10:20

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Jim Chappy

Applaud the stand for the environment but make this better legislation! Any limits on the anchoring beyond geography? Too many boats — boats way too large — number of people — alcohol — respect for fisherman — noise and music — trash enforcement — this commitee can do better — please try!

Submitted by Anonymous (not verified) on Tue, 03/23/2021 - 10:25

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Carol Edgartown

Good, finally a push back on a situation that has become out of control. PLEASE also consider what has been happening on the Senge - small boats launching, jet skis and people setting up floating slides and docks for day use - YIKES!

Submitted by Anonymous (not verified) on Tue, 03/23/2021 - 10:56

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Clark edgartown

Last summer I saw unusual levels of traffic and boating on the Sengekontacket Pond from the launch on The Boulevard, This pond is also under duress and environmentally very sensitive. I am worried that this action, as merited as it is, will push traffic to other ponds. We need plans that are Pond specific but also regionally specific (i.e., which address all ponds in a given region).

Submitted by Anonymous (not verified) on Tue, 03/23/2021 - 12:00

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AM 02539

They almost got it right....can you imagine the scramble / mess that is likely as people jockey for a spot in the ‘sliver’ where anchoring will be allowed? This is progress, but they should have banned it completely for the time being.

Lorraine Edgartown

I agree with you, AM, should have been closed down completely with oversight monitoring the re-opening. It is a magical place where I spent many a fine afternoon sailing in a simple, no engine sailboat.....those were the days, my friend.

Submitted by Anonymous (not verified) on Tue, 03/23/2021 - 13:55

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Joe Falmouth

Glad to see that they didn't ban anchoring completely and took a reasonable approach. The area provided is actually pretty sizeable and where we anchor and raft of up with our friends anyway. Thank you Edgartown for finding the right balance so people can continue to enjoy Cape Pogue. Looking forward to another fun summer!

Submitted by Anonymous (not verified) on Tue, 03/23/2021 - 15:15

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Glenn Connecticut

While I understand the importance of protecting a natural resource, and I am a responsible boater, this smells an awful lot of “not in my back yard”. I think a more reasonable approach would be to allow a certain number of anchorage passes/boats per day. This way you can limit traffic, and generate a fee.

Submitted by Anonymous (not verified) on Tue, 03/23/2021 - 20:08

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Jasmine Edgartown

Why are the people in boats allowed to use the Trustees property without a permit when people in cars have to buy a seasonal pass?

Marie Edgartown

Great Question. You are right. The trustees sell the tickets then close the beach . I am not happy with the trustees. Take back our South Beach like we took back the farm...

Jim Chappy

Now that is a great question! A “pond pass” might offset the costs of what should be active and forthright management and policing of the area. Also the Trustees don’t “own” the land — it was gifted, donated or ROWs were bequeathed — all done so that they weren’t marketing or selling tickets — but that they were effective and competent of advocating and managing the property and land — why are they once again late to the party — and not solving both for the land AND the pond issues?

Submitted by Anonymous (not verified) on Tue, 03/23/2021 - 23:07

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Todd Chappy

Good comment Jasmine
If you want to limit traffic why don’t you limit traffic by selling passes - the same way you do for cars? I have been beaching our boat out there for years and it is one of our favorite family memories. I am pretty sure We do less damage to the environment than I would scalloping. I do think it has be me overcrowded though.

Submitted by Anonymous (not verified) on Wed, 03/24/2021 - 08:26

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No Fun Police Chappy

More over-regulation. My grandfather used to be able to take his sailboat into cape poge and spend the night. What a totalitarian joke America has become. What’s next to go- the mountain biking trails?

Submitted by Anonymous (not verified) on Wed, 03/24/2021 - 13:28

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JBR Edgartown

In order for this moratorium to provide useful information, some portion of the eel grass beds should be protected from commercial scalloping during the moratorium, to ascertain the damage caused by dredges. At least one article online found that dredging causes damage to eel grass beds. It would make sense to ban dredging permanently from a portion of the eel grass beds, to serve as a nursery for seed scallops. This could actually increase the overall scallop harvest.

Submitted by Anonymous (not verified) on Fri, 03/26/2021 - 17:29

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Rez Williams WEST TISBURY

According to the plan the proposed anchorage extends across the entire entrance to the pond. How is a sailboat tacking into a prevailing southwesterly to navigate past this anchorage?

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