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�04%k1M { <br /> Town of Mashpee Shellfish Commission <br /> : z 16 Great Neck Road North <br /> Mashpee, MA 02649 <br /> Shellfish Habitat <br /> The group discussed the phrasing of regulations regarding the willful destruction of shellfish or their <br /> habitat. Mr. Cook noted that as written, the law seems to require intentional action—someone "really <br /> trying to" damage shellfish or habitat—to constitute a violation. Mr. Pfundstein agreed, emphasizing <br /> that accidental harm wouldn't fall under"willful" destruction. <br /> Mr. Cook provided a real-world example from the Mashpee River, where someone removes eelgrass <br /> from their beach each spring. While this action strips the area, it doesn't directly target shellfish <br /> habitat, highlighting a gray area between conservation concerns and intentional destruction. <br /> Constable Avis added that some activities, even if not directly harming shellfish, could still be a <br /> conservation issue. <br /> The discussion acknowledged that distinguishing willful destruction from normal harvesting or <br /> maintenance can be tricky. For instance, digging for soft shell clams might appear to destroy habitat <br /> but is part of the harvesting process and not necessarily intentional damage. <br /> The Chairman offered an example of extreme habitat destruction, such as placing large posts in the <br /> water for a dock where shell fishing occurs, which would clearly disrupt habitat. This contrasts with <br /> routine cultivation or conservation activities, which are less clear-cut. <br /> Ultimately, the group agreed that the one-line regulation about willful destruction serves as a general <br /> guideline. They emphasized leaving detailed interpretation to professionals on the water and the <br /> DMF, rather than attempting to list every possible scenario in the regulation itself. <br /> Recreational Harvest Limit of One (1) Peck Scallops <br /> The group discussed the town's recreational scallop harvest limit of one peck. It was noted that the <br /> limit is largely symbolic, as there are very few scallops in local waters, and finding even a small <br /> batch is rare. <br /> They agreed that the limit is flexible in practice, Mashpee is one of the only towns on the Cape with a <br /> one (1)peck limitif someone finds scallops, they can harvest a peck, and otherwise, others can try <br /> at another time. The intent is to balance access and conservation, allowing modest recreational <br /> harvest without depleting the limited resource. The group concluded that the regulation should remain <br /> as is, with potential adjustments only if scallop abundance significantly increases in the future. <br /> Recreational Limits for Oyster Harvesting set by Constable <br /> The discussion centered on the recreational oyster harvest limit set by the constable, traditionally <br /> capped at one peck per harvester. Constable Avis explained that while the limit could theoretically be <br /> raised to two packs, he prefers keeping it flexible, especially given the current abundance of oysters. <br /> The intent of the regulation is to allow harvesters to access oysters fairly and sustainably throughout <br /> the season, which runs from November 1 through March 31. By leaving the limit open-ended in the <br /> regulations, the constable retains discretion to adjust the allowable harvest—whether increasing to <br /> two or more pecks—based on seasonal abundance or other environmental factors, without requiring a <br /> formal vote or regulatory amendment. <br /> 4 <br />