03/12/2019 SHELLFISH COMMISSION Minutes

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4.6 Pre-application meeting with the Shellfish Constable and Harbormaster: Prior to submittal of application,the applicant shall meet with the Harbormaster and Shellfish Constable to locate the proposed licensed area latitude and longitude boundaries. The applicant must choose an area in which does not impede boat navigation and does not already contain a standing stock of marketable shellfish species. No new applicant can schedule a pre-application meeting between April 1"and November lst for each year. Commission Comments:No comment. 4.7 Changes to original license plans and order of conditions: All proposed changes to the original working plan as described in the original application which may include but are not limited to rafts, floats,racks, cages,trays, nets, species, etc. must be submitted in writing to the Shellfish Commission, and if the changes require further review,the Shellfish Commission may make recommendations to the Board of Selectman and Conservation Commission. Commission Comments:This is already in our current regulations and there was no change. 4.8 Moratorium on issuances of new licenses: The Board of Selectman with advisement from the Shellfish Constable,Harbormaster, and the Department of Natural Resources Director may issue a moratorium on the issuance of new licenses at any time when this action is deemed appropriate and in the best interests of the Town's shellfisheries. Commission Comments:At some point these available areas will be at a cap and no new licenses may be given by the Board of Selectman. This would limit new applicants. York: "Shellfish suitability areas will be assessed by the Shellfish Constable and areas will be limited based on bottom type and standing stock." Fisher: "Sampling will be conducted to find these areas in the near future." 4.9 Exclusivity of license; subleasing prohibited;transfer of license: Licenses are issued to and for the exclusive use of the licensee who may contract or employ others to work for the licensee. Subleasing any part of a licensed shellfish aquaculture area within the Town of Mashpee is prohibited. Licenses are renewable,heritable and transferable by written approval form the Board of Selectman MGL 130. Licenses are transferable only after a five-year period from the original license issuance date, licensee has maintained all the shellfish aquaculture holder requirements for 5 years consecutively, and license transfer is approved in writing by the Board of Selectman. Commission Comments: Marques: "Land under ocean issued by the town for shellfish aquaculture should not be sold for sale. That doesn't sound right. In Barnstable there is a waiting list and no one can even apply until another person gives it up. These grants aren't up for sale ever." York: "Grants can only be transferred once approved by the Board of Selectman". Public Comments: Cook: "Would subdivision be allowed?" Fisher: "If it is approved by the Board of Selectman and this cannot be for profit of the licensee at the time of subdivision. You may not sell land under water of the commonwealth". Cook: "This is something in the legislature that is currently ongoing and may need to be re-visited once that moves through."