06/09/2026 SHELLFISH COMMISSION Minutes

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�04%k1M { Town of Mashpee Shellfish Commission : z 16 Great Neck Road North Mashpee,MA 02649 to aquaculture permitting and unauthorized aquaculture activity and 322 CMR 16 related to unauthorized off-site culling. Mr. Tomaino stated that the violations were not contested and that the fines were paid shortly after issuance. He further reported that approximately 100 bags of seed, valued at approximately $5,000 to $7,000, were confiscated and destroyed in accordance with DMF regulations and procedures. During discussion, a question was raised regarding whether payment of the fines constituted an admission of guilt. Mr. Tomaino stated that, in his professional opinion, it did. Discussion followed regarding the timing of the investigation, issuance of citations, and payment of fines relative to the Commission's May 12, 2026, meeting. Commission members discussed the seriousness of the violations, including concerns regarding unauthorized off-site culling, untagged shellfish, permit compliance, unauthorized aquaculture activity, and the transportation of shellfish between municipalities. Discussion included concerns that similar activity may have occurred previously and that the violations represented more than a minor regulatory oversight. Discussion also included the issue of off-site culling and the permitting process associated with such activity. It was noted that while off-site culling may be permitted in certain circumstances and in other municipalities, Mashpee does not permit off-site culling on aquaculture grants. Concerns were raised regarding the transportation of shellfish seed out of Mashpee and the inability to verify that the same shellfish seed would be returned to Mashpee waters. Members discussed observations made at the Great River Boat Ramp and the use of cameras at the facility. It was noted that the cameras are reviewed regularly; however, they are game cameras and do not capture every movement or activity occurring at the site. Concerns were expressed that the activity may have been ongoing for some time without detection. The Commission also discussed representations made during the original grant approval process, including statements regarding affiliations with Cape Cod Oyster and compliance with permit conditions. Members noted that expectations and conditions associated with the grant had been clearly communicated during the approval process and expressed concern that those conditions had not been honored. Discussion included references to previous statements that Cape Cod Oyster would not be operating the grant and concerns that Cape Cod Oyster appeared to be significantly involved in grant operations. Members also discussed the Commission's prior accommodation of Mr. Quiterio's request to reconfigure the grant layout and noted concerns regarding Cape Cod Oyster's continued involvement in the operation of the grant. Members recalled that the reconfiguration request had been approved with the understanding that the grant would continue to operate in accordance with the conditions and expectations previously discussed by the Commission. Discussion also included the broader role of Cape Cod Oyster within the regional aquaculture industry. It was noted that DMF was familiar with Cape Cod Oyster's involvement in providing equipment, seed, financing assistance, and operational support to aquaculture grants in multiple communities. Concerns were expressed regarding the extent of Cape Cod Oyster's involvement in aquaculture operations and whether such arrangements were consistent with the Commission's goal of supporting local aquaculture operators earning a livelihood from their own grants. Discussion included concerns that the operation of Mr. Quiterio's grant had evolved beyond its original intent following changes in management and day-to- 2