3/5/2018 BOARD OF SELECTMEN Minutes

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6 Board of Selectmen Minutes March 5, 2018 Shellfish Reguxations: The Town of Mashpee is working diligently to resolve its nitrogen loading problem, a mandate under the Clean Nater Act., Aquaculture is a large component of the remediation program and in protecting the Town's natural resources. The Board related concern with respect to the Tribe's federally protected aboriginal rights. Through the aquaculture remediation process the Town is evaluating the nitrogen removal process with the harvest of shellfish. This creates the requirement to allow seed to mature, grow and to size normally for harvest. Nitrogen removal is evaluated at the time of harvest. There are regulatory limitations imposed by the Town of Mashpee regarding management measures, If the Town of Mashpee is to continue with its aquaculture program in nitrogen remediation, it is important to understand the Tribal Council's position on this natter. It was disclosed the Tribe has historically been known to exercise its aboriginal rights. Thus it is apparent, no Tribal Council would agree to remove its aboriginal rights for hunting, fishing and gathering* While the Town is mindful with respect to aboriginal rights,the Town of Mashpeehellfxsb Regulations were noted to be adjusted with the understanding there is no enforcement issue with a Tribal identification cars,and with recognition of the prohibition of taking seed as well as catch limits, including the acknowledgment of commercial areas and family areas on a.voluntary basis. Exercising their aboriginal rights, the Tribal Council indicated the Tribe does not abide by the Town's Shellfish Regulations. When asked if there have been any modifications regarding the applicability of the Mashpee Shellfish Regulations adopted by the Tribe, it was disclosed there has been no change in this exercise for the past twenty years. The Tribal Council was asked from a water quality perspective, would Tribal members be asked to allow the seed to grow to allow the Town of Mashpee to obtain its goal of meeting water quality objectives by reducing nitrogen loading. In an effort to remediate this concern, it was suggested the waterways be stocked, Discussion followed regarding the relay program. In this initiative, contaminated fish are stocked in the waters. The Tribe members are informed of this program- however,there is no enforcement regarding the premature harvest of the relay fish. It was disclosed the aboriginal aright is a Federal Act, and the Tribal Council cannot abrogate any persons right. Education was considered as an approach regarding the taking of shellfish in propagation areas to protect the water quality remediation program.