REMOTE, fascinating Machias Seal Island lies 10 miles southeast of
Cutler and almost equidistant from Grand Manan Island to the northeast. The island is tiny, a mere 15-acre speck on the chart, but both the United States and Canada claim it as theirs, and they have disputed it for more than a century and a half.
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It is hard to imagine why the sovereignty of this scrap of land is in contention, but it is, and the outcome probably will be decided at the International Court of Justice in The Hague several thousand miles to the east. If it was simply a question of which flag should fly at the lighthouse, if would be fairly ludicrous, but nowadays, with the 200-mile limit and fishing rights at stake, the issues are more serious.
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Apparently, American sovereignty of the island was confirmed in both the 1783 Treaty of Paris and in the Treaty of Ghent, which ended the War of 1812*. But by the time of the Civil War, it was in dispute again. The American known as Tall Barney claimed Machias Seal and the surrounding waters in 1865 and single-handedly defended them against a landing of Canadian officers in the spring of that year. But Canadian merchants from Saint John with shipping interests had already established a lighthouse here in 1832, and eventually the lighthouse was taken over by the Canadian government. They now claim that the operation of the lighthouse established effective territorial occupation. See below for the latest in this dispute.
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What is not in dispute is who the island really belongs tothe seabirds. As noted in the Canadian Sailing Directions, Machias Seal Island is home to five species of breeding seabirds: puffins, razorbills, petrels, arctic and common terns. It is one of the largest known colonies of arctic terns on the east coast of North America and the largest razorbill and puffin colony south of Newfoundland. If you want to see the spectacular bird population, come early in the summer, because they will have migrated by mid-August.
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For years several commercial operators have made runs to Machias Seal from mainland ports. Andy Patterson sails out of Cutler (259-4484), Captain Butch Huntley operates out of Lubec (733-5584), and Preston Wilcox operates out of Seal Cove on Grand Manan Island (506-662-8296). The Maine Audubon Society also sponsors occasional trips.
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Perhaps the best known skipper is Captain Barna Norton who operates out of Jonesport (497-5933). Captain Norton has long been a champion of American ownership of the island and can even trace his ownership of the island to his great-grandfather, Barna Beal, none other than the one they called Tall Barney. Once when Captain Norton rowed ashore brandishing the stars and stripes, a Royal Canadian Mounted Police helicopter swooped down and buzzed the island in retaliation.
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In the spring of 2001, however, the Canadian Wildlife Service suddenly prohibited visitors to the island. Tour operators were furious, and vowed to keep bringing birdwatchers to the waters close by.
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You can get to Machias Seal Island in your own boat, too. Even if you cant get ashore, you will see plenty of puffins.
Cutler is the most convenient point of departure. Set your course directly for Machias Seal. The 82-foot lighthouse is visible for 14 miles.
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On the way out you will occasionally see buoys marking bottom trawls, sometimes with a radar reflector at one end. You may also see fluorescent floats marking the nets beneath. All of these things are to be avoided. Be sure to pick up the flashing red bell that guards North Shoal and North Rock 2 miles north of Machias Seal Island.
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In July of 1964 the fog horn on Machias Seal sounded continuously for 31 days, but dont let that discourage you. The same month the following year there was only one day of fog.
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The moorings off the island are private and lightweight, and usually used by the tour boats. Anchor due east of the lighthouse, in the lee of the island, in 9 to 16 feet. If a heavy swell is running, anchoring will be difficult. The bottom is rocky and holding uncertain.
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In the event that the rules change and you are allowed to land, use extreme caution when landing on the slippery rocks in the swells. Take your dinghy ashore to the seaweed-covered rocks and work your way cautiously to the wooden plank leading to the ways. As the sign says, Debarcadere Dangereux.
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Even if you cant get ashore, youll see lots of puffins, auks, and terns flying and fishing all around. Be sure to bring your binoculars, your camera, and a lot of film.
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Even before the ban on visitors, the Canadian authorities felt strongly that human intrusion adversely affected the nesting birds. They had imposed a strict limit of 30 visitors per day. If you were number 31, you were not allowed to land. The commercial skippers made predawn departures and radio calls to be sure of being included in the quota. They noted with wry satisfaction that yachts tended to arrive in the afternoon.
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* Robert Godfrey writes:
I don't believe that the Treaty of Ghent addressed the nationality of Machias Seal Island, although it definitely authorizes the Boundary Commission to establish sovereignty of that area. I've been unable to find reference to the island in the treaty records available online. The Treaties of 1908 and 1910 refined boundaries down to the middle of Grand Manan Channel, but not further south. Also, an International Court of Justice defined the boundary beginning 10-minutes to the south of Machias Seal Island, and traveling southward. I can't find treaty reference to the area specific to the island. It would be interesting to discuss this with an expert on the international boundary issues, and to see more documents regarding the "grey zone."
The latest in the US/Canadian territorial dispute:
A 110-square-mile area off Grand Manan remains in dispute between Canada and the United States. Traditionally, Maine fishermen have lobstered in these waters during the summer months, when the Canadian lobster season is closed. But some of the Grand Manan fishermen claim that when their lobster season opens in November, the lobsters are already fished out by the Americans. In response, the Canadian Government has recently decided to allow out-of-season fishing off Grand Manan. Many of Grand Manan's 132 licensed lobstermen oppose the decision, however. They claim that nobody's catch is going down, they don't want a summer fishery, and they want to keep peace with the Americans. What most of the fishermen would have preferred was a negotiated settlement over out of season fishing with the Americans, but that didn't happen.
From A Cruising Guide to the Maine Coast