06/09/2026 SHELLFISH COMMISSION Minutes

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Town of Mashpee Shellfish Commission : z 16 Great Neck Road North Mashpee,MA 02649 day oversight of the grant. Members discussed the importance of maintaining opportunities for local growers while ensuring compliance with permit conditions and municipal aquaculture regulations. Mr. Tomaino stated, for the record, that he believed the permit should be revoked. He further stated that the primary concern raised internally was whether revocation based upon a first documented violation would establish a precedent for future enforcement actions involving other grant holders. Mr. Tomaino explained that the Shellfish Constable had raised the question of whether a single documented violation should automatically result in revocation and sought input from the Commission regarding how similar situations should be evaluated moving forward. Commission members responded that each matter should be evaluated on its own facts and that the severity, scope, and nature of the violations distinguished this matter from routine compliance issues. Members stated that the violations involved more than an isolated or minor infraction and noted concerns regarding unauthorized aquaculture activity, shellfish movement,permit compliance, and prior representations made during the grant approval process. Members generally expressed support for the Commission's previous recommendation that the permit be revoked and stated that failure to do so could undermine confidence in the permitting and enforcement process. Discussion also included the Commission's previous recommendation to rescind Mr. Quiterio's aquaculture permit and the process for doing so. Members reiterated that the Commission serves in an advisory capacity and that the Select Board would make the final determination regarding whether the permit should be revoked. Members discussed the importance of presenting a consistent recommendation to the Select Board and avoiding conflicting positions regarding the Commission's recommendation. Mr. Tomaino stated that the Commission's recommendation would be forwarded to the Select Board, together with a memorandum from the Department of Natural Resources, for consideration at its June 22, 2026 meeting. Discussion also included the requirements that would follow a permit revocation. Members discussed the removal of gear and equipment from the grant site and noted that, under local regulations, the permit holder would generally have sixty (60) days to remove grant materials following revocation. Members further discussed enforcement options should materials not be removed within the required timeframe. Members also discussed whether the Commission should have been advised sooner that citations had been issued in connection with the matter. Concerns were expressed that citations relating to aquaculture activities are typically matters of interest to the Commission and that the issuance of citations could have been reported as part of a regular update. Discussion followed regarding the status of the investigation at the time of the Commission's May 12, 2026, meeting and the extent to which information could be shared while the matter remained under investigation. Mr. Avis stated, for the record, that at the Commission's May 12, 2026, meeting, he did not know that the citations had already been paid. Mr. Avis explained that he had been advised that the matter remained an ongoing investigation and,based upon that understanding, believed he should not discuss the matter in detail. Mr. Avis stated that he was not attempting to withhold or hide information from the Commission and wanted the record to reflect that he had been transparent regarding enforcement matters and had been acting based upon information provided to him at the time. Mr. Avis further stated that, after meeting with DMF and considering the concerns expressed by the Commission, he believed the matter represented a serious violation of the Town's aquaculture program 3