Town of Boothbay Harbor, ME
Lincoln County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Boothbay Harbor 5-1-2000 by ATM Art. 34. This article supersedes former Ch. 144, Shellfish Conservation, adopted 5-3-1999 by ATM Art. 50. Amendments noted where applicable.]

§ 144-1 Title.

[Amended 5-7-2001 by ATM Art. 5]
This chapter shall be known, and may be cited as the "Shellfish Conservation Ordinance of the Towns of Boothbay Harbor, Southport, Boothbay, Edgecomb, Maine," and will be referred to herein as "this chapter."

§ 144-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
LOT
The total number of softshell clams in any bulk pile. Where softshell clams are in a box, barrel or other container, each shall constitute a separate lot.
[Amended 6-26-2000 by STM Art. 2]
MUNICIPALITY
The Town of Boothbay, Boothbay Harbor, Southport and Edgecome, as the case may be.
[Amended 5-7-2001 by ATM Art. 5]
NONRESIDENT
Anyone not qualified as a resident under this chapter and not a holder of a resident license from a reciprocating town.
POSSESS
Dig, take, harvest, ship, transport, hold, buy and sell, retail and/or wholesale, softshell clam shellstock.
RESIDENT
A person who has been domiciled in this municipality for at least 12 months prior to the time his claim of such residency is made. Residency will be determined using the criteria in Attachment A.[1]
SHELLFISH, CLAMS AND INTERTIDAL SHELLFISH RESOURCES
Softshell clams (Mya arenaria).
[1]
Editor's Note: Attachment A is on file in the town offices.

§ 144-3 Authority.

This chapter has been prepared in accordance with the provisions of 12 M.R.S.A. § 6671, et seq., as revised, § 6681, as revised.

§ 144-4 Purpose.

[Amended 5-7-2001 by ATM Art. 5]
The purpose of this chapter is to establish a shellfish conservation program for the Towns of Boothbay, Boothbay Harbor, Southport and Edgecomb which will ensure the protection and optimum utilization of shellfish resources within the limits of these municipalities. These goals will be achieved by means, which may include:
A. 
Licensing.
B. 
Restricting the time and area where digging is permitted.
C. 
Limiting the minimum size of clams taken.
D. 
Limiting the amount of clams taken daily by a harvester.

§ 144-5 Repealer.

Any ordinance regulating the harvesting or conservation of shellfish in the municipality and the provisions of any other municipal ordinance which is inconsistent with this chapter is hereby repealed.

§ 144-6 Validity and severability.

If any section, subsection, sentence or part of this chapter is, for any reason, held to be invalid or unconstitutional, such decisions shall not affect the validity of the remaining portions of this chapter.

§ 144-7 When effective.

This chapter, which has been approved by the Commissioner of Marine Resources, shall become effective after its adoption, provided that a certified copy of this chapter is filed with the Commissioner within 20 days of its adoption.

§ 144-8 Shellfish Conservation Committee.

There is hereby established a Shellfish Conservation Committee composed of representatives from each of the municipalities which enact this chapter. The municipal officers of each town shall appoint two of its Shellfish Committee members and at least one licensed commercial clam digger to be a member of the Committee. The Municipal Shellfish Warden(s) and a liaison member from the Department of Marine Resources, appointed by the State Commissioner, shall be nonvoting members of the Committee.
A. 
The Committee's responsibilities include:
(1) 
Establishing, annually, in conjunction with the Department of Marine Resources, the number of shellfish digging licenses to be issued.
(2) 
Reviewing annually the status of the resource using the results of clam flat, harvester or dealer surveys and other sources of information preparing in conjunction with and subject to the approval of the Department of Marine Resources a plan for implementing conservation measures.
(3) 
Submitting, to the Board of Selectmen, proposals for the expenditures of funds for the purpose of shellfish conservation.
(4) 
Periodically reviewing this chapter and making recommendations for its amendment.
(5) 
Securing and maintaining records of shellfish harvest from the municipally managed shellfish areas and of closed areas that are conditionally opened by the Department of Marine Resources.
(6) 
Recommending conservation closures and openings to the Board of Selectmen or Council in conjunction with the Area Biologist of the Department of Marine Resources.
(7) 
Submitting an annual report to the municipalities and Department of Marine Resources covering the above topics and all other Committee activities.
B. 
Term of office and vacancy. The term of office of any member of the Committee shall be for a period of three years from the date of appointment. The municipal officers shall appoint a person to fill a vacancy for any unexpired term.
C. 
Committee officers. The Committee shall elect a Chairman, a Vice Chairman and Secretary from its members. The Chairman shall preside at all meetings of the Committee; the Vice Chairman shall preside in his absence; and the Secretary may record and keep minutes of each meeting.
D. 
The Committee shall advise the officers of each municipality of all matters pertaining to conservation and harvesting of its shellfish resources, including, but not limited, to the opening and closing of clams flats. It shall act as a liaison between the municipalities and the state. It shall aid in the development of programs to help each municipality manage its shellfish resource. It shall represent the interest of the region with regard to shellfish resources and shall take such other action as may be necessary, or desirable, to implement harvesting and conservation management programs.
E. 
For a meeting to be valid, a quorum of five members must be present.
F. 
Any member not attending at least six meetings a year will be dropped from the Committee.
G. 
Elections will be held each year at the January meeting.
H. 
Meetings will be held monthly with the time and place for next meeting being determined at the current month's meeting.

§ 144-9 Amendments.

A. 
Initiation. A proposal for an amendment to this chapter may be initiated by the following, but may be considered only if accompanied by Department of Marine Resources approval:
(1) 
The municipal officers, at the request of a majority of the Shellfish Conservation Committee; or
(2) 
An individual, through a request to the Shellfish Conservation Committee and subsequent favorable majority vote of the Committee; or
(3) 
A written petition of the number of voters equal to at least 10% of the voters in the last gubernational election of the municipality in which the petition is originated.
B. 
Procedure.
(1) 
Any proposal for an amendment shall be made to the Shellfish Conservation Committee, in writing, stating the specific changes requested. Amendments initiated by petition shall be presented to the municipal officers who shall transmit them to the Shellfish Conservation Committee, for recommendation. When an amendment proposed by an individual receives a favorable vote of a majority of the Committee, the individual shall pay a fee to cover the costs of hearings and advertisements.
(2) 
Within 30 days of receiving a properly initiated amendment, the Committee shall hold a public hearing on the proposal. Notice of the hearing shall be posted and advertised in a newspaper of general circulation in the municipality at least seven days prior to the hearing. The notice shall contain the time, date and place of hearing and sufficient detail about the proposed changes as to give adequate notice of their content. If the changes are extensive, a brief summary, together with an indication that a full text is available at the Town Clerk's office, shall be adequate notice.
(3) 
Following the public hearing, the Committee shall make a written recommendation regarding passage to the municipal officers, which will be accompanied by the required Department of Marine Resources approval of the proposal, prior to any action on the amendment by them.
C. 
Adoption. Any amendment to this chapter shall only be adopted by a majority vote of the Town Meeting.
D. 
Repetitive petitions. No proposed changes to this chapter which have been unfavorably acted upon the Town Meeting shall be considered on its merits by the Town Meeting within two years after the date of such unfavorable action unless adoption of the proposed change is recommended by a two-thirds majority of the Committee.[1]
[1]
Editor's Note: Former Subsection E, pertaining to the effective period of this chapter, was repealed 5-3-2004 by ATM Art. 76.

§ 144-10 Licensing.

[Amended 6-26-2000 by STM Art. 2; 5-2-2009 by ATM Art. 84]
A municipal shellfish digging license is required for any person to dig, or take, shellfish from the shores and flats of the reciprocating municipalities without having a current license issued by a municipality as provided by this chapter. Additionally, a commercial digger also must have a valid State of Maine commercial shellfish license issued by the Department of Marine Resources or a receipt of payment from the Department of Marine Resources. It shall be unlawful for anyone having a commercial shellfish license with the state to obtain a recreational license with the Town of Boothbay Harbor.
A. 
License classification.
(1) 
Resident commercial shellfish license. This license is only available to residents of the municipality and entitles the holder to dig, and take, any amount of shellfish from the shore and flats of the reciprocating municipalities.
(2) 
Nonresident commercial shellfish license. This license is available to nonresidents of the municipality and entitles the holder to dig, and take, any amount of shellfish from the shores and flats of the reciprocating municipalities.
(3) 
Resident recreational shellfish license. This license is available to the residents of the municipality and entitles the holder to dig, and take, no more than one peck of shellfish, in any one day, for the use of oneself or one's family, from the shores and flats of the reciprocating municipalities.
(4) 
Nonresident recreational shellfish license. This license is available to nonresidents of the municipality and entitles the holder to dig and take no more than one peck of shellfish, in any one day, for the use of oneself or one's family, from the shores and flats of the reciprocating municipalities.
B. 
Open license sales. When the Shellfish Conservation Committee determines limiting shellfish licenses is not an appropriate shellfish management option for one or more license categories for the following year:
(1) 
Notice of the dates, places, times and the procedures for the license sales shall be published in a trade or industry publication, or in a newspaper or combination of newspapers with general circulation, which the municipal officers consider effective in reaching persons affected, not less than 10 days prior to the initial sale date and shall be posted in the municipal offices. A copy of the notice shall be provided to the Commissioner of Marine Resources.
(2) 
For each commercial license category, the Town Clerk shall issue one license to nonresidents when six licenses are issued to residents and one more to nonresidents when four more are issued to residents; thereafter, one nonresident license will be issued for every 10 additional resident licenses issued. For each recreational license category, the Town Clerk shall issue one license to a resident and one to nonresident; thereafter, one nonresident license will be issued for every 10 additional resident licenses issued.
C. 
All shellfish licenses must be signed. The licensee must sign the license to make it valid.
D. 
Application procedure. Any person may apply to the Town Clerk for the licenses required by this chapter on forms provided by the municipality. (See Attachment B.[1])
[1]
Editor's Note: Attachment B is on file in the town offices.
E. 
Contents of application. The application must be in the form of affidavit and must contain the applicant's name, current address, birth date, height, weight, signature and whatever information the municipality may require.
F. 
All license fees must accompany the application for the respective license.
G. 
Misrepresentation. Any person who gives false information on a license application will cause said license to become invalid and void.
H. 
Procedure.
(1) 
The Town Clerk prepares a form to list the names, addresses and phone numbers of license purchasers along with a license number listed sequentially and indicative of residency status (e.g., R1 for resident license No. 1 and N1 for nonresident license No. 1). In the case of commercial licenses, the license numbers would begin R1 and continue through R5; the next number would be N1 followed by R6 through R10. The next set of 11 would begin with N2 followed by R11 through R20. Each successive set of 11 repeats the previous (i.e., N3, R21-R30, R31-40). Because of a difference in the statutes between commercial and recreational licenses, the listing of the first 10 for recreational licenses differs from commercial licenses. The license numbers would begin with R1 followed by N1 then R2 through R10. Thereafter the listing is the same as for the commercial licenses. A separate but similar form is prepared for each license category for which the municipality has requested open sales.
(2) 
Since a number of resident licenses need to be sold before a nonresident license becomes available, more nonresidents may apply for licenses than are available, particularly during the initial sales. A second form needs to be prepared. It should contain information on nonresidents who apply for a license listed sequentially. As nonresident licenses become available, as indicated on the first form, the information is transferred from the second to the first and the applicant notified.
(a) 
Each applicant shall perform eight hours mandatory conservation work or if serving on the Shellfish Conservation Committee must have attended at least six meetings before obtaining a commercial shellfish license. Conservation work shall be approved by the Shellfish Conservation Committee, and a Committee member must be present at the time the work is being performed under supervision of the Town Warden.
(b) 
All licenses, resident commercial, nonresident commercial, resident recreational and nonresident recreational issued to individuals 65 years of age or older will be issued free of charge.
(c) 
No individual may hold a valid resident commercial and a valid nonresident commercial license at the same time.
(d) 
All nonresident licenses will be issued by lottery.

§ 144-11 Violations and penalties.

Any person who violates this chapter shall be punished as provided by 12 M.R.S.A. § 6671(10) or 6681, as appropriate in the circumstances.

§ 144-12 Fee; use of revenues from fees and penalties.

All fees for shellfish licenses will be set by a vote of the Shellfish Committee prior to May 1 of each year and must accompany, in full, the application for the respective license. Additionally, an agent fee of $2 will be charged for each license and shall be retained by the local clerk as payment for issuing the license. Fees and penalties received shall be used for costs incurred in the enforcement and management of the Shellfish Conservation Chapter.