The ordinance codified in this chapter is enacted in accordance
with 12 M.R.S. § 6671.
The purpose of this chapter is to establish a shellfish conservation
program for the Town 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 digging is permitted;
D.
Limiting the minimum size of shellfish taken; and
E.
Limiting the amount of shellfish taken daily by a harvester.
As used in this chapter, the following terms shall have the
meanings indicated:
LOT
The total number of shellfish in any bulk pile. Where shellfish
are in a box, barrel or other container, the contents of each box,
barrel or other container constitutes a separate lot.
NONRESIDENT
Anyone who does not qualify as a resident under this chapter
and is:
[Amended 10-23-2023]
A.
A property owner in Kittery; or
B.
Domiciled in Maine for at least three months as evidenced by
a vehicle registration, voter registration, State of Maine income
tax return, or other documentation acceptable to the Town Clerk.
POSSESS
Dig, take, harvest, ship, transport, hold, buy and sell retail
and wholesale shellfish shellstock.
RESIDENT
A person who has been domiciled in Kittery for at least three
months as evidenced by a vehicle registration, voter registration,
State of Maine income tax return, or other documentation acceptable
to the Town Clerk.
It is unlawful for any person to dig or possess shellfish from
the shores and flats of Kittery without having a current license issued
by the Town.
The annual license fee is set out in Appendix A.
It is essential that the Town carefully husband its shellfish
resources. The number of licenses issued from year to year will vary
depending on the annual review of the Town's shellfish resources,
sizes, distribution, and abundance.
A.
The Shellfish Conservation Committee, with approval of the Commissioner
of Marine Resources, will establish the number of noncommercial licenses
to be permitted each year.
[Amended 5-22-2023]
B.
The Shellfish Committee will notify the Town Clerk in writing
prior to November 1 of the number of licenses to be issued for the
ensuing year.
[Amended 5-22-2023]
C.
Notice of the number of licenses to be issued and the procedure
for application is to be published in a trade or industry publication,
or in a newspaper or combination of newspapers with general circulation,
not less than 10 days prior to the period of issuance, and posted
in the municipal offices until the period concludes.
D.
Licenses shall be issued annually, on a first-come-first-served
basis. A wait list may be established if all licenses are issued.
The wait list will only be valid for the season it is established.
E.
Licenses may be returned to the Town voluntarily and reissued
to another qualifying applicant at the current fee.
[Amended 5-22-2023; 10-23-2023]
Each license issued under authority of this chapter expires
at 12:00 midnight on November 30 following the date of issuance, except
single-day licenses. Single-day licenses expire at sunset on the date
for which they are issued.
The Town Council, upon the approval of the Commissioner of Marine
Resources, may open and close areas for shellfish harvest. Upon recommendation
of the Shellfish Conservation Committee and concurrence of the Department
of Marine Resources that the status of shellfish resource and other
factors bearing on sound management indicate that an area should be
opened or closed, the Town Council may hold a public hearing on the
matter, and shall send a copy of the notice to the Department of Marine
Resources. The decision of the Town Council to open or close a shellfish
harvest area is to be based on findings of fact.
[Amended 5-22-2023; 10-23-2023]
A.
The shellfish harvest season shall be established, prior to
November 1 each year by the Town Council, upon recommendation of the
Shellfish Conservation Committee and approval of the Commissioner
of Marine Resources. The shellfish harvest season may be amended by
the Town Council as deemed recommended or needed.
B.
The season dates, number of licenses, and information on how
to obtain a license will be advertised prior to each season in accordance
with 12 M.R.S. § 6671.
C.
The shellfish harvest season may be amended through a conservation
closure by the Town Council, with approval of the Commissioner of
Marine Resources, as deemed recommended or needed.
D.
Shellfish harvesting may only occur on Sundays and on nationally
recognized holidays, between sunrise and sunset, during the harvest
season.
In the event of any conflict in the provisions of this chapter
with the provisions of any present or future statute relating thereto,
the most restrictive or that imposing the higher standards governs.