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:
B. Limiting the number of shellfish harvesters.
C. Restricting the time and area where harvesting is permitted.
[Amended 4-28-2018]
D. Limiting the minimum size of soft shell clams taken.
[Amended 4-28-2018]
E. Limiting the amount of clams taken daily by a harvester.
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. 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.
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]
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:
LOT
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.
NONRESIDENT
Anyone not qualified as a resident under this chapter.
POSSESS
Dig, take, harvest, ship, transport, hold, buy and sell retail
and wholesale soft shell clam shell stock.
RESIDENT
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]
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.