03/12/2019 SHELLFISH COMMISSION Minutes

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term of their license, if annual domicile requirements are not met the license will be terminated. Applicants must not have admitted to or been convicted of shellfishing violations within the last 5 years. Commission Comments: The last requirement may need to go to legal counsel,but it is a great recommendation. This may.have to be reviewed in a case by case basis based on the violations that have been cited. 4.2 Application Procedure: Shellfish Aquaculture License Applicants are required to submit a completed application specified in the Shellfish Aquaculture License Application Form and Procedure. Before scheduling an initial pre-application meeting,the applicant must complete an acceptable Shellfish Aquaculture Course. The Fundamentals of Shellfish Farming offered through the Cape Cod Cooperative Extension is acceptable. Commission Comments:Add in that the applicant must pass the course with a passing grade. State that the procedure is on a separate form and can be found at the Town Clerk's Office. 4.3 Application for issuance of license, hearing; fee: Applicants, other than renewal applications, desiring a license shall be required to complete and submit ALL information as required on the Town's approved application form and procedure. Any information on a license application that is determined to be untruthful before or after approval of any license application shall be grounds for denial. The nonrefundable application fee of$125 dollars made payable to the Town of Mashpee must be submitted upon application submittal to the Board of Selectman. Following receipt,the Board of Selectman will schedule a public hearing date.At least 14 days prior to the public hearing date,the Board of Selectman's Office will notify the applicant of the time, date, and place of the hearing. The applicant is required to notify all abutters within 300 feet of the proposed grant area of the date,time and place of the public hearing at least 10 days prior by certified mail. Commission Comments: Change the abutter notification to the same distance as required by the conservation commission's notice of intent(N.O.I.). The board suggested that the distance be the same for consistency. It is believed that the NOI is a 100 foot distance for the abutter notifications. 4.4 Submission of application for review by other agencies: Upon receipt of a completed application to the Board of Selectman the Shellfish Constable shall deliver,within seven days, a copy of the completed application to the Harbormaster,the Waterways Commission and the Shellfish Commission for their review and written comments. Said written comments are to be received by the Board of Selectman not later than 30 days after the application is received by the reviewing departments and committees. Commission Comments:No comment. 4.5 Compliance with all laws required; approval of license: Approval of any aquaculture licenses shall be subject to all federal, state and local laws, rules and regulations as in force and as amended. The licensee shall comply with all rules and regulations pertaining to the operation of an aquaculture license in the state of Massachusetts. Failure to comply with ANY of the aforementioned rules and regulations shall be cause for license revocation. Commission Comments:No comment.Agreed to change the wording in last sentence as suggested by the public comment: Public Comment: Cook: "Shall should be changed to may in the last sentence, accidents and storms happen. The markers may move and drift away etc. and that's not anybody's fault"