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09/12/2024 CONSERVATION COMMISSION Minutes
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09/12/2024 CONSERVATION COMMISSION Minutes
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Mashpee_Meeting Documents
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CONSERVATION COMMISSION
Meeting Document Type
Minutes
Meeting Date
09/12/2024
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a. An addition to the regulation was proposed to allow the <br />Commission to grant permissions for new activities, ensuring <br />flexibility for future considerations <br />5. Recognition of Aboriginal Rights: <br />a. Proposed inclusion of language recognizing aboriginal rights and <br />access based on existing precedents set by the Shellfish <br />Commission and agreements with the Wampanoag Tribe <br />b. The inclusion aims to incorporate cultural respect, co-management, <br />and co-stewardship consideration into the bylaw, aligning with <br />state and federal precedents. <br />o Next Steps: <br /> Draft amendments with suggested changes will be emailed to all <br />Commissioners. <br /> Future discussions and votes were implied to take place following the <br />outlined revisions and feedback from other Commissioners <br />Public Comment: <br /> Speaker: Brian Weeden, Chairman of the Mashpee Wampanoag Tribe <br />o Historical Context and Rights: The Mashpee Wampanoag Tribe emphasizes <br />their historic stewardship of land and water and their ongoing exercise of <br />inherent rights to fish, harvest, forage, hunt, gather, and trap. The <br />Massachusetts Supreme Judicial Court case, Commonwealth v. Maximin <br />Green (1999), supports these rights. <br />o Current Challenges: Despite legal recognitions, the tribe faces harassment and <br />enforcement threats from local and state officials. They seek collaborative <br />efforts with the town to enable the exercise of their sovereignty <br />o Proposed Amendments: The Tribe suggests specific language additions to the <br />Mashpee Shellfish Regulations to protect aboriginal rights explicitly. They <br />request support from the town to integrate these amendments through due <br />processes involving Community feedback and hearings. <br /> Speaker: Mary Wagan, Chair of the Planning Board <br />o Integration of Aboriginal Rights: Wagan mentions that the Planning Board is <br />drafting a local comprehensive plan and emphasizes the importance of <br />including Aboriginal rights in future planning. There is a proposal for a <br />charter preamble to strengthen tribal representation and integration with the <br />town. <br />o Potential Structural Changes: A suggestion was made possibly explore <br />forming an elected commission dedicated to integrating sovereign tribe <br />interests legally with town governance <br /> Water Quality: Issues and initiatives (ongoing discussion item) - None <br /> Regulation 25 (LSCSF) discussion on draft performance standards: <br />3 <br /> <br /> <br />
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