05/23/2022 SELECT BOARD Minutes - Laserfiche WebLink

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4 Mashpee Select Board Minutes May 23, 2022 APPOINTMENTS & HEARINGS Public Hearing: (Continued from March 21, 2022) • 2022 Shellfish Regulations,• Discussion and Approval of Adopting the 2022 Shellfish Regulations: Discussion followed with regards to the Public Hearing continued from the Select Board meeting of March 21, 2022 relative to the 2022 Shellfish Regulations. It was disclosed the Select Board received a letter from the Mashpee Wampanoag Tribe this afternoon on the 2022 Draft Town of Mashpee Shellfish Regulations. As the Hearing continued comment was received from Peter Thomas, Chair of the Mashpee Shellfish Commission. Mr. Thomas reiterated the Shellfish Commission has been diligently working on the regulations for the past two years before submitting the draft to the Select Board in March of this year. The Shellfish Commission was noted to have voted unanimously to approve the new regulations and to bring forth the document to the Select Board for final approval at their May 19, 2022 meeting. With approval, the document relative to the new shellfish rules and regulations governing shellfishery would co - inside with the issuing of new shellfish licenses. Mr. Thomas conveyed disappointment to the late filed draft submitted by the Tribe. Language proposed would acknowledge that these regulations cannot deprive Tribal members of the free exercise of aboriginal rights. Attached to the document was a Resolution regarding Fishing in Contaminated Waters. There was concern regarding this may set precedent for the Commonwealth as other Cape towns do not have similar Tribal language. On page 6 of the Draft 2022 Town of Mashpee Shellfish Regulations under Permit conditions, Item B; Unlawful harvest without a recreational permit...... including Native Americans with valid tribal identification cards who assert aboriginal rights to harvest for sustenance purposes. Does this mean that any federally recognized tribe has the right to shellfish in Mashpee? Has the Tribal Council formally taken action on the proposed language? It was recommended the language be clearly defined to establish distinct rules and regulations. It was disclosed the state and the municipality lack jurisdiction authority to impede upon aboriginal rights which are non-negotiable. There is question as to how this would apply, especially on matters to safeguard public health and ensure compliance so all are educated and protected. With regards to aboriginal rights, it was noted there is no prohibitive language in the document. Carlton Hendricks Vice -President of the Mashpee Wampanoag Tribe indicated the language as proposed was not voted on by the Tribal Council, but voted upon by the Tribe's Natural Resources. A joint meeting is scheduled on July 18, 2022 between the Select Board and Tribal Council. Mr. Hendricks respectfully requested the Select Board defer voting on this matter until the joint meeting has convened. Aboriginal rights are a high priority of the Tribal Council having plans to support any tribal member without the passing of this language. It was noted that five other Cape towns do not recognize or respect aboriginal rights.