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Town of Mashpee Shellfish Commission <br /> 16 Great Neck Road North <br /> Mashpee, MA 02649 <br /> Discussion Regarding Aquaculture Grant Compliance and Enforcement <br /> Discussion occurred regarding an enforcement matter involving aquaculture grant holder John Quiterio <br /> and individuals associated with Cape Cod Oyster Company. The Shellfish Constable reported that staff <br /> observed individuals removing shellfish bags and gear from Mr. Quiterio's aquaculture grant area at <br /> Great River. It was stated that Mr. Quiterio was aware the work was being performed; however, the <br /> individuals conducting the work were not listed on the aquaculture permit and the shellfish bags being <br /> handled were not properly tagged. The Constable further reported that citations had been issued by both <br /> the Shellfish Department and the Division of Marine Fisheries (DMF), and that the matter remained <br /> under investigation. <br /> Extensive discussion followed regarding the circumstances surrounding the incident, including prior <br /> concerns previously raised by the Commission regarding Cape Cod Oyster Company's involvement with <br /> the grant, compliance with aquaculture pen-nit conditions, tagging requirements, authorized workers <br /> listed on permits, and whether the Commission should have been notified of the incident sooner. <br /> Discussion also occurred regarding whether similar activity may have occurred previously and whether <br /> shellfish products were being transported from the grant area without proper tagging. Several members <br /> expressed concern regarding the handling and transfer of untagged shellfish products and the potential <br /> regulatory and public health implications associated with untagged shellfish handling and transfer <br /> activities. <br /> The Shellfish Constable explained that the shellfish involved were seed oysters that were reportedly <br /> being removed for sorting, rebagging, and maintenance purposes involving bags that had remained on the <br /> grant through the winter season. It was further stated that the seed oysters were ultimately destroyed. <br /> Additional discussion occurred regarding aquaculture enforcement procedures, ongoing investigative <br /> review by DMF, shellfish tagging requirements, and whether the matter should be considered unresolved <br /> pending final disposition of the citations. <br /> Several members referenced the Commission's prior review and approval of Mr. Quiterio's aquaculture <br /> grant and recalled prior discussion concerning Cape Cod Oyster Company's participation in activities <br /> associated with the grant. Discussion further occurred regarding whether the reported conduct constituted <br /> sufficient grounds for immediate revocation of the aquaculture permit while the citations and <br /> investigation remained unresolved. <br /> Mr. Thomas made a motion to revoke Mr. Quiterio's aquaculture permit and require removal of <br /> the gear from Mashpee waters as soon as possible. Mr. Cook seconded the motion. Further <br /> discussion followed regarding enforcement authority, due process considerations, and the ongoing <br /> investigation. Upon a vote, Mr. Thomas, Mr. Pocknett, Mr. Cook, and Mr. Christensen voted in <br /> favor of the motion. Mr. Avis voted opposed. The motion carried, 4-1-0. <br /> Additional discussion followed regarding enforcement practices, communication with the Commission, <br /> and the seriousness of the alleged violations prior to adjournment. <br /> 3 <br />