04/09/2019 SHELLFISH COMMISSION Minutes

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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." 4.10 Reasonable production value: Shellfish aquaculture license holders shall submit to the Board of Selectman and the Shellfish Constable on or before December thirty-first (31) in each year an Annual,4quaculture License Report(available on the town website at) which contains the total number of each kind of shellfish planted,produced, or marketed during the time of such report planted or growing thereon. The license holder shall produce documents upon request of the Board of Selectman or Shellfish Commission. Shellfish aquaculture license holders shall annually meet the performance requirement of planting at least ten thousand (10,000) shellfish seed per acre of licensed area or part thereof each year. All new licensees (first year of operation) are required to submit purchase and sales slips from their sources of seed planted on his or her licensed grant area from a Massachusetts State approved hatchery. Commission Comments: York: "This is a minimum requirement and we left in as the actual shellfish seed planted and not a dollar production value of the grant. We put this in the regulations as actual seed because things'happen and you may have die off and other unexpected circumstances that may affect the actual production value. Is 10,000 seed pieces to low?" Marques: "That may be hard to track though and if they have financial constraints and something comes up do they lose their grant all together?" Fisher: "They will not lose the grant,but this is a minimum requirement to show they are utilizing the area that is being leased. The leased area must be utilized and not vacant. If left vacant and not in operation with no minimum requirement it would prevent the opportunity of other aquaculture applicants" Thomas: "Let's leave it at ten thousand. That way if they need to buy bigger seed for a year due to limitations they won't be burdened with high expenses." Fisher: "The market value of 10,000 market sized oysters is roughly$5,000, I believe that is sufficient for a production requirement." Public Comments: