[HISTORY: Adopted by the Town of Islesboro 6-21-1998; amended 6-5-1999; 4-29-2000; 4-26-2003. Subsequent
amendments noted where applicable.]
This chapter is enacted in accordance with 12 M.R.S.A. § 6671.
The purpose of this chapter is to establish a shellfish conservation
program for the Town of Islesboro which will ensure the protection
and optimum utilization of shellfish resources within its limits.
These goals will be achieved by means which may include:
The shellfish conservation program for the Town of Islesboro
will be administered by the Shellfish Conservation Committee consisting
of five full and three associate members to be appointed annually
by the Town of Islesboro Board of Selectmen for a term of one year.
The Committee's responsibilities include:
A.
Establishing annually in conjunction with the Department of Marine
Resources the number of shellfish harvesting licenses to be issued.
[Amended 4-28-2018]
B.
Reviewing annually the status of the resource using the results of
clam flat, harvester or dealer surveys and other sources of information
and preparing in conjunction with and subject to the approval of the
Department a plan for implementing conservation measures.
C.
Submitting to the Board of Selectmen proposals for the expenditures
of funds for the purpose of shellfish conservation.
D.
Keeping this chapter under review and making recommendations for
its amendments.
E.
Securing and maintaining records of shellfish harvest from the Town's
managed shellfish areas and closed areas that are conditionally opened
by the Department of Marine Resources.
F.
Recommending conservation closures and openings to the Board of Selectmen
in conjunction with the area biologists of the Department of Marine
Resources.
G.
Submitting an annual report to the municipality and the Department
of Marine Resources covering the above topics and all other Committee
activities.
[Amended 4-28-2018]
A municipal shellfish harvesting license is required. It is
unlawful for any person to harvest or take shellfish from the shores
and flats of this municipality without having a current license issued
by this municipality as provided by this chapter. Fees received for
shellfish licensing shall be used by the Town for shellfish management,
conservation and enforcement.
A.
Designation, scope and qualifications.
(1)
Commercial shellfish license.
(a)
Resident commercial shellfish license. This license is available
to residents of the Town of Islesboro and entitles the holder to harvest
and take a daily amount of shellfish as determined on a yearly basis
by the Islesboro Shellfish Conservation Committee.
(b)
Nonresident commercial shellfish license. This license is available
to nonresidents of this municipality and entitles the holder to harvest
and take a daily amount of shellfish as determined on a yearly basis
by the Islesboro Shellfish Conservation Committee.
(c)
Any commercial harvester whether resident or nonresident, must
also have a valid State of Maine commercial shellfish license issued
by the Department of Marine Resources.
(d)
Each commercial license holder over the age of 16 will be responsible
for five hours per year of required shellfish conservation work. The
conservation work will be approved and determined by the Islesboro
Shellfish Conservation Committee.
(2)
Recreational shellfish license.
(a)
Resident recreational shellfish license. This license is available
to residents and real estate taxpayers of this municipality and entitles
the holder to harvest and take no more than one peck of soft shell
clams and two bushels of hen clams in any one day for the use of the
resident or real estate taxpayer and his/her family. No charge under
the age of 12 or over the age of 65.
(b)
Nonresident recreational shellfish license. This license is
available to any person not a resident of this municipality and entitles
the holder to harvest and take not more than one peck of soft shell
clams and two bushels of hen clams in any one day for the use of the
license holder and his/her family.
B.
License must be signed to make it valid. The licensee must sign the
license to make it valid. The license must be in the possession of
the licensee when engaged in harvesting. By signing the license the
harvester acknowledges that he/she must submit to inspection by the
Municipal Shellfish Warden.
C.
Validity. The license will be valid from May 1 to April 30 of the
following year.
D.
Application procedure. Any person may apply to the Town Clerk or
Deputy Town Clerk for the licenses required by this chapter on forms
provided by the municipality.
E.
Contents of application. Current application is Attachment 1 of this
chapter.[1] Application may be changed/upgraded upon the recommendation
of the Shellfish Conservation Committee and with the approval of the
Board of Selectmen and without changing any other part of this chapter.
[1]
Editor's Note: Attachment 1 is available at the Town Clerk's
office.
F.
Misrepresentation. Any person who gives false information on a license
application will cause said license to become invalid and void.
[Amended 5-10-2014; 4-28-2018]
Fees must be paid in full when a license is issued. All fees
for shellfish licenses shall be recommended annually by the Shellfish
Committee and submitted to the Select Board prior to the sale of licenses.
[Amended 4-28-2018]
A.
Prior to March 15 the Committee shall report its findings and document
recommendations for the allocation of commercial and recreational
licenses to be made available for the following license year to the
Commissioner of Marine Resources for approval.
B.
After receiving approval of proposed license allocations from the
Commissioner of Marine Resources and prior to April 15, the Shellfish
Conservation Committee shall notify the Town Clerk or Deputy Town
Clerk in writing of the number and allocation of shellfish licenses
to be issued. The number of license allocations is determined yearly
and submitted to the Department of Marine Resources.
C.
Licenses are required by each individual over the age of six.
D.
Clam resources vary in density and size distribution from year to year and over the limited softshell clam producing area of the Town. It is essential that the Town carefully husband its shellfish resources. Following the annual review of the Town's clam resources, its size distribution, abundance and the Warden's reports, as required by § 209-3, the Shellfish Conservation Committee in consultation with the Department of Marine Resources area biologist will determine whether limiting commercial or recreational shellfish licenses is an appropriate shellfish management option for the following year.
(1)
Limited license sales. If it is determined that limited license sales
are necessary the Town Clerk or Deputy Town Clerk shall issue licenses
to residents and nonresidents as allocated May 1 or the next business
day and then for 90 days. After which licenses shall be sold without
regard to residency on a first come first serve basis or by lottery.
(2)
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:
(a)
The Town Clerk or Deputy Town Clerk shall issue commercial shellfish
licenses to residents who have met the requirements of obtaining a
license. The Town Clerk or Deputy Town Clerk shall issue licenses
on May 1 or the next business day. On the first day of license sales,
the total number of nonresident commercial shellfish licenses shall
be issued in accordance with Department Regulations, Chapter 7.4 section
1. Thereafter, nonresident licenses will be issued in accordance with
the 10% rule as described in 12 M.R.S.A. § 6671(3-E) and
Department Regulations, Chapter 7.4 section 2, Table 1 on a first-come
first-serve basis or by lottery.
|
Chapter 7.4 Section 2 Table 1
| |
|---|---|
|
Number of Resident Licenses:
|
Number of Nonresidential Licenses:
|
|
1 to 5
|
0
|
|
6 to 10
|
1
|
|
11 to 20
|
2
|
|
21 to 30
|
3 etc.
|
(b)
For each recreational license category, the Town Clerk or the
Deputy Town Clerk shall issue one license to a resident and one to
a nonresident; thereafter, one nonresident license will be issued
for every 10 additional resident licenses issued.
(3)
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.
A.
Commercial licenses may be returned to the Town voluntarily and reissued
to another person at the current fee according to the priorities established
in this chapter.
B.
License expiration date. Each license issued under authority of this
chapter expires at 12:00 midnight on the 30th day of April next following
the date of issue.
C.
Renewal of commercial licenses. Commercial licenses will be automatically renewed unless the conservation service requirement [See § 209-4A(1)(d).] has not been completed or other violations have occurred. Though automatically renewed, each applicant must fill out an application form and submit proof of a state license.
D.
Inspection and search. Any person who receives a commercial license
from the Town of Islesboro has a duty to stand by and to submit to
inspection and search for violations relating to the activities authorized
by this chapter by the Town of Islesboro Shellfish Warden.
E.
Suspension. Any commercial shellfish licensee having one conviction
for a violation of this chapter shall have his or her shellfish license
automatically suspended for a period of 30 days.
[Amended 6-6-2012]
F.
Restoration of suspended license. A licensee whose shellfish license
has been suspended pursuant to this chapter shall have his or her
shellfish license restored only after the suspension period has expired.
[Amended 6-6-2012]
G.
Suspension effective date. The suspension shall be effective from
the date of mailing of a notice of suspension by the Town Clerk or
Deputy Town Clerk to the licensee.
[Amended 4-28-2018]
[Amended 4-28-2018]
A.
The Select Board, upon the approval of the Commissioner of Marine
Resources, may open and close areas for shellfish harvest upon recommendations
of the Shellfish Conservation Committee and concurrence of the Department
of Marine Resources area biologist that the status of shellfish resources
and other factors bearing on sound management indicate that an area
should be opened or closed.
B.
If the status of shellfish resources and other factors bearing on
sound management indicate that an area should be opened or closed
then the Select Board working with the approval of the Shellfish Conservation
Committee and the Department of Marine Resources area biologist may
call a public hearing to discuss the opening or closing. A notice
of such a meeting shall be sent to the Department of Marine Resources.
[Amended 4-28-2018]
It is unlawful for any person to possess soft shell clams within
the Town of Islesboro, County of Waldo, which are less than two inches
in the longest diameter, except as provided by Subsection A of this
section.
A.
Tolerance. Any person may possess soft shell clams that are less than two inches if they comprise less than 10% of any lot as defined by this chapter. The tolerance shall be determined by numerical count of not less than one peck nor more than four pecks taken at random from various parts of the lot or by a count of the entire lot if it contains less than one peck. (Note: See § 209-12 for definitions of "lot" and "possess.")
B.
Penalty. Whoever violates any provision of this section shall be
punished as provided by 12 M.R.S.A. § 6681.
Warren Island State Park is excluded from the restrictions of
this chapter.
The Town's Shellfish Warden shall be responsible for enforcement
of this chapter, and a person who violates this chapter shall be punished
as provided by 12 M.R.S.A. § 6671, Subsection 10.
As used in this chapter, the following terms shall have the
meanings indicated:
The total number of soft shell clams in any bulk pile. Where
soft shell clams are in a box, barrel, or other container, the contents
of each box, barrel, or other container constitutes a separate lot.
Refers to the Town of Islesboro, Maine.
Anyone not qualified as a resident under this chapter.
Dig, take, harvest, ship, transport, hold, buy and sell retail
and wholesale soft shell clam shell stock.
Refers to a person who has been domiciled in this municipality
for at least three months next prior to the time the claim of such
residence is made.
[Amended 6-6-2012]
Soft shell clams (Mya arenaria) and hen clams (Spisula solidissima).
This chapter, which has been approved by the Commissioner of
Marine Resources, shall become effective after its adoption by the
municipality, provided that a certified copy of the ordinance is filed
with the Commissioner within 20 days of its adoption. This chapter
shall remain in effect until repealed or rescinded.
Any ordinance regulating the harvesting or conservation of shellfish
in the Town and any provisions of any other Town ordinance which are
inconsistent with this chapter are hereby repealed.
[Added 4-28-2018]
If any section, subsection, sentence or part of this ordinance
is for any reason held to be invalid or unconstitutional, such decisions
shall not affect the validity of the remaining portions of this ordinance.
