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�04%k1M { <br /> Town of Mashpee Shellfish Commission <br /> 16 Great Neck Road North <br /> Mashpee,MA 02649 <br /> The Chairman asked whether the limit could be changed midseason, and Constable Avis confirmed <br /> that the regulation's wording allows this, though in practice such adjustments are likely to occur at <br /> the start of the season, in October or November. This flexibility acts as a safeguard to respond to <br /> variations in oyster populations, weather conditions, and harvest pressures, ensuring recreational <br /> harvesters can take advantage of periods of high abundance. <br /> The point was raised about the perception of the limit, noting that leaving the number undefined <br /> could appear to some as a"free for all,"potentially encouraging overharvesting. However, the group <br /> acknowledged that enforcement realities mitigate this concern. Most recreational harvesters act in <br /> good faith, harvesting modestly and using appropriate gear, and the constable's staff routinely <br /> monitor activity. Rare instances of overharvesting, particularly by out-of-town visitors, are addressed <br /> when observed, but such cases are infrequent. <br /> The discussion also noted the practicality of the regulation in managing logistics on the water. By <br /> retaining flexibility, the constable can authorize additional pecks if oysters are particularly abundant <br /> or if environmental or logistical factors, such as ice or weather, temporarily limit harvest <br /> opportunities. This approach balances the need for conservation with recreational access and avoids <br /> overly prescriptive rules that might be cumbersome to enforce. <br /> Ultimately, the group agreed that the regulation's current structure—allowing the constable to adjust <br /> harvest limits while communicating guidelines clearly to the public—is effective for managing oyster <br /> resources. It provides a framework that supports sustainable use, fair access, and practical <br /> enforcement while leaving room for professional judgment based on conditions observed on the <br /> water. <br /> Freshwater Eels <br /> The board discussed the presence of language regarding freshwater eels in the town's shellfish rules <br /> and regulations, considering whether it should be removed. It was noted that commercial harvesting <br /> of freshwater eels is only allowed by special state permit and that an attempt in the early 1980s had <br /> wiped out the population, after which commercial harvesting was no longer permitted. The consensus <br /> was that it is unlikely the state will ever allow commercial freshwater eel harvesting again, <br /> particularly because the population consists primarily of females and past exploitation was <br /> devastating. As a result, the board suggested striking the reference to freshwater eels from the <br /> regulations. <br /> Constable Avis added that the language may have originally been included to inform the public that <br /> state regulations govern freshwater fishing, not to imply local jurisdiction. The town has no <br /> regulatory authority over freshwater fisheries, which fall under the Department of Natural Resources <br /> and the state Fish and Wildlife Commission. It was noted that while the town issues hunting and <br /> fishing licenses, enforcement of freshwater fishing rules is under state authority, and local regulations <br /> do not apply. <br /> The group agreed that the mention of freshwater eels was unnecessary and supported condensing the <br /> section to remove the reference, focusing the rules on species and areas over which the town does <br /> have regulatory authority. <br /> 5 <br />