June 17, 2016 — CHATHAM, Mass. — U.S. Rep. William Keating, D-Mass., has agreed to file legislation that town officials hope will end a dispute over who owns and manages the ocean off the Nantucket Sound side of Monomoy National Wildlife Refuge.
“We think, once and for all, it will put to bed any contention about the boundary issue and we can continue as we have for over a hundred years to manage that area,” Chatham Selectman Seth Taylor said Wednesday after he and town manager Jill Goldsmith left a meeting with Keating and his staff.
When it released its draft management plan for the refuge in April 2014, the U.S. Fish and Wildlife Service claimed it owned more than 717 acres of beach on the Atlantic side that the town believed it owned instead. Service officials also argued the refuge includes waters that fall within what it considers its western boundary.
The Fish & Wildlife Service and the town were able to agree on most of the disputed portions of the management plan. They settled on a boundary on the Atlantic side that returned much of the 717 acres to the town; the service decided to allow almost all of the fishing activities it had originally claimed were detrimental to the protection of shorebirds and wildlife.
But the two sides couldn’t find common ground on the western boundary.
The town and the state contended the legal documents that took the property in 1944 to establish the refuge, and a subsequent wilderness declaration in the 1970s, defined the boundary as the mean low water mark. Massachusetts Attorney General Maura Healey threatened litigation, arguing the refuge never controlled anything below the mean low water mark.