ROCKLAND, Maine — Two Knox County men accused of digging for clams in an area closed to clamming due to pollution were arrested early Thursday morning and ordered to give up their equipment.
Thomas Powell, 22, of Friendship and Harley Winchenbach, 21, of Cushing were arrested at about 3 a.m. Thursday, after a Marine Patrol officer reported spotting them using headlamps to dig in flats off the Gaunt Neck Road in Cushing.
Marine Patrol Officer Matt Merriman spotted the pair shortly after 1 a.m. while on a routine patrol, and he contacted his supervisor. Sgt. Daniel White arrived shortly afterward and also observed the pair as they dug in the flat.
The men were arrested when they returned to their parked vehicle. Powell had dug one-and-a-half bushels of clams, while Winchenbach had three bushels, according to an affidavit filed by the Marine Patrol in Rockland District Court. Clammers are getting about $75 per bushel for clams.
Winchenbach asked if he could get a break, but White rejected that, pointing out that Winchenbach had been issued a summons a few weeks earlier for digging in a closed area, according to the affidavit.
The men remained in jail unable to come up with $250 cash bail until they made their initial appearances in court Friday afternoon.
Judge Richard Mulhern agreed to allow both men to be released on personal recognizance but included a bail condition that each defendant not possess or use clamming tools, such as the hoes for digging and hods, or clam baskets.


