11/13/2018 SHELLFISH COMMISSION Minutes

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Shellfish Mitigation Assessment Plan and Methodolofy The Mashpee Wetland Bylaw and Rules and Regulations require the Shellfish Constable provide a review of all boardwalks, ramps, docks,piers and floats. Chapter 172 regulation 27 authorized the establishment of the Shellfish Mitigation Receipts Reserved for Appropriation Fund ("Shellfish Propagation Fund"). This Bylaw allows for the deposited of monies collected by the Mashpce Conservation Commission as mitigation for projects which impact Mashpee public waterways and shellfish habitat. The monies deposited will be used to enhance shellfish resources through the municipal propagation program. Accepting monetary payments as mitigation is a useful tool to offset impacts to shellfish resources associated with dock and pier construction. It should be noted that this type of mitigation is not appropriate for all projects, and project designs should have minimal impact on shellfish resources. Information submitted to the Conservation Commission should include alternative designs to reduce total impact on land under the ocean. All areas mapped as Shellfish Habitat will be subject to this.review. Shellfish Habitat areas and can be found at MassGIS Data: Shellfish Suitability Areas. The Massachusetts Division of Marine Fishers and local Shellfish Constables have mapped these areas. If the applicant disagrees with the habitat mapping, the applicant should submit a copy of a Shellfish Survey completed by a qualified professional. The Shellfish Constable will review the submitted Shellfish Survey and perform a site visit of the project area. The Shellfish Constable will determine if the project poses an impact to the shellfish resources and whether the impacts can be mitigated. If applicant proposes a monetary payment as mitigation to offset impacts to the shellfish resources, the Shellfish Assessment methodology must be used. The Applicant must submit a completed form for review to the Shellfish Constable. The Shellfish Constable may request changes to the Mitigation Assessment calculations based on habitat, species most vulnerable, and shellfish market value at the time of its submission, The Shellfish Constable will provide recommendations to the Conservation Commission within ten (10) days of receipt of the application. The Commission may accept those recommendations, or revise those recommendations when making their final determination under Chapter 172 regulation 27 of the Mashpee Wetlands Bylaw.