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6 <br /> Board of Selectmen <br /> Minutes <br /> January 28, 2019 <br /> APPOINTMENTS & HEARINGS <br /> Public Hearing: Suspension of Commercial Shellfish Permit: Kenneth Thom son: <br /> Acting as the Licensing Authority for the Town of Mashpee the Board of Selectmen opened the <br /> Public Hearing on the suspension of Commercial Shellfish Permit 41016, issued to Kenneth <br /> Thompson for violations of the Town of Mashpee Bylaw Chapter 145-1 Mashpee Shellfish <br /> Regulations Article 4.2, CMR 322 16.04, and Chapter 130, Section 67 of Massachusetts General <br /> Laws. The Hearing notice was procedurally read into the record. Kenneth Thompson was in <br /> attendance. <br /> Ashley Fisher, Shellfish Constable was present to recommend the Board of Selectmen suspend the <br /> Commercial Shellfish Permit of Kenneth Thompson until this matter is resolved. Mr. Thompson <br /> was noted to have harvested and sold over 10,000 oysters in a span of 17 days for market value <br /> taking shellfish from a licensed grant without consent. Mr. Thompson was visibly seen taking the <br /> oysters within the bounds of the shellfish grant area. Ms. Fisher indicated this license is currently <br /> under review by the Division of Marine Fisheries. It is recommended the commercial permit be <br /> suspended until the completion of the investigation. Mr. Thompson was noted to have previous <br /> shellfish violations in the Town of Falmouth. <br /> Mr. Thompson stated this is his livelihood. Mr. Thompson has been shellfishing for the past seven <br /> years without incident, and is not a risk to the shellfish community. Mr. Thompson also stated the <br /> Town of Mashpee does not have a commercial oyster harvest season, and there are areas where <br /> oysters are placed and taken by those who do not have licenses. <br /> Commercial oyster harvest is not allowed in the Town of Mashpee. The individual harvested and <br /> sold oysters. Ms. Fisher indicated that previously Mr. Thompson was cited by an environmental <br /> police officer, and was noted to have paid the license citation. This is an admission of guilt, and to <br /> take oysters from a grant is unacceptable. There are other individuals being investigated regarding <br /> the taking of unauthorized shellfish. Being no further comment, the Board motioned as follows. <br /> Motion made by Selectman Gottlieb to close the Public Hearing. <br /> Motion seconded by Selectman Cotton. <br /> VOTE: Unanimous. 5-0. <br /> Roll Call Vote: <br /> Selectman Sherman,yes Selectman Cahalane,yes Selectman Gottlieb,yes <br /> Selectman O'Hara,yes Selectman Cotton,yes Opposed, none <br /> Motion made by Selectman Gottlieb to grant the request of the Shellfish Constable, and <br /> suspend Commercial Shellfish Permit#1016 as recommended. <br /> Motion seconded by Selectman O'Hara. <br /> VOTE: Unanimous. 5-0. <br /> Roll Call Vote: <br /> Selectman Sherman,yes Selectman Cahalane,yes Selectman Gottlieb,yes <br /> Selectman O'Hara,yes Selectman Cotton,yes Opposed, none <br />