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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.
COPYRIGHT 2002 DIAMOND PASS PUBLISHING
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.
COPYRIGHT 2002 DIAMOND PASS PUBLISHING
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.
IF YOU ARE READING THIS, YOU HAVE VIOLATED

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.
INTERNATIONAL COPYRIGHT LAW.
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.
PLEASE RESPECT AND SUPPORT THE WORK THAT HAS
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.
BROUGHT YOU THIS INFORMATION. BUY THE GUIDE!
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.
COPYRIGHT 2002 DIAMOND PASS PUBLISHING
You can get to Machias Seal Island in your own boat, too. Even if
you can't 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.
COPYRIGHT 2002 DIAMOND PASS PUBLISHING
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.
IF YOU ARE READING THIS, YOU HAVE VIOLATED
In July of 1964 the fog horn on Machias Seal sounded continuously
for 31 days, but don't let that discourage you. The same month the
following year there was only one day of fog.
INTERNATIONAL COPYRIGHT LAW.
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.
PLEASE RESPECT AND SUPPORT THE WORK THAT HAS
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."
BROUGHT YOU THIS INFORMATION. BUY THE GUIDE!
Even if you can't get ashore, you'll 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.
COPYRIGHT 2002 DIAMOND PASS PUBLISHING
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.
COPYRIGHT 2002 DIAMOND PASS PUBLISHING

* 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.