07/12/2021 BOARD OF SELECTMEN Minutes

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6 Board of Selectmen Minutes July 12, 2021 NEW BUSINESS Discussion and Approval of Revisions to Mashpee Shellfish Regulations: Shellfish Warden Donovan McElligatt: In the absence of Donovan McElligatt,Ashley Fisher Director of Natural Resources reviewed the proposed changes to the Town of Mashpee Shellfish Regulations to address pressing issues involving private aquaculture areas, year-round harvest and to update penalties for closed area harvest to conform to recent M.G.L. amendments. Ms. Fisher indicated that(4)changes are proposed. This includes the updated date of the regulations for the 2021-2022 harvest season, and penalties for contaminated closure area violations to $500 to $10,000 and up to 3 years in State prison. The penalties for violations are currently fines of$300 to $2,000. Under Scalloping in Aquaculture License areas,the new regulation would state: Shellfishing is prohibited in any area designated as a Shellfish Aquaculture License('Shellfish Grant') area by the Board of Selectmen and other local, state and federal permits except for the aquaculture license holder and his or her employees or designees unless regulated or stipulated otherwise by the Board of Selectmen. Penalties for violations in these areas include fines of up to $100, imprisonment for up to 6 months, and/or damages sought by the aquaculture license holder, Therefore, Scalloping will no longer be permitted in any area designated as a Shellfish Aquaculture License to prevent tampering with aquaculture gear. With the absence of a scallop fishery, all entities are thus prohibited from a grow area, Additionally, Oyster Season has been changed to Oyster Regulations: Oysters may be harvested from November I"through March 3 1"of the next year for noncommercial purposes only. Currently there is no significant stock of wild oysters in the Town of Mashpee that would be able to sustain a year-round recreational fishery. Year-round recreational harvest of oysters presents a significant public health risk and runs directly contrary to the States Vibrio Control Plan, To ensure the Town's compliance Ms. Fisher recommended the Board adopt the regulations immediately to maintain compliance with State guidelines and to safeguard both public health and the livelihood of independent Aquaculturists. Other recommended changes to the regulations are expected to the submitted to the Board of Selectmen for approval next year. Motion made by Selectman Gottlieb to approve the revisions to the Mashpee Shellfish Regulations effective July 15, 2021. Motion seconded by Selectman O'Hara. VOTE: Unanimous. 5-0. Roll Call Vote: Selectman Sherman, yes Selectman Weeden,yes Selectman Gottlieb, yes Selectman Cotton, yes Selectman O'Hara, yes Opposed, none