[Ord. No. 2000.20, § 1, 4-4-2000; Ord. No. 2002.33, 4-2-2002]
This division is enacted in accordance with 12 M.R.S.A. § 6671.
[Ord. No. 2000.20, § 2, 4-4-2000; Ord. No. 2002.33, 4-2-2002; amended 4-7-2009 by Ord. No. 2009.11]
To establish a shellfish conservation program for the City that
will insure the protection and optimum utilization of shellfish resources
within its limits. These goals will be achieved by means that may
include:
(a)
Licensing and recommendation of any changes to licensing fees to
the City Council annually.
[Amended 11-17-2015 by Ord. No. 2015.75]
(b)
Limiting the number of shellfish harvesters.
(c)
Restricting the time and area where digging is permitted.
(d)
Limiting the minimum size of clams taken.
(e)
Limiting the amount of clams taken daily by a harvester.
[Ord. No. 2000.20, § 3, 4-4-2000; Ord. No. 2002.33, 4-2-2002; amended 4-7-2009 by Ord. No. 2009.11]
The Shellfish Conservation Program for the City of Biddeford
will be administered by the Shellfish Conservation Committee consisting
of seven members to be appointed by the Mayor and confirmed by the
Council for terms of three years.
The Committee's responsibilities include:
(a)
Establishing annually in conjunction with the Department of Marine
Resources the number of shellfish digging licenses to be issued.
(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 City Council proposals for the expenditures of
funds for the purpose of shellfish conservation.
(d)
Keeping this division under review and making recommendations for
its amendments.
(e)
Securing and maintaining records of shellfish harvest from the City'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 City Council
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.
[Ord. No. 2000.20, § 4, 4-4-2000; Ord. No. 2002.33, 4-2-2002; amended 4-7-2009 by Ord. No. 2009.11]
As used in this division, the following terms shall have the
meanings indicated:
Any person invited to assist a recreational license holder
in harvesting a combined total that does not exceed one peck of shellfish
per license per any one day.
Refers to the City of Biddeford, Maine.
Anyone not qualified as a resident under this division.
Refers to a person who is domiciled in this municipality.
Proof of residency shall be by one of the following criteria:
[Amended 11-17-2015 by Ord. No. 2015.75]
A person who pays real estate property taxes to the City or
can provide a rent receipt within the jurisdiction of the City;
A person who is a registered voter in the City;
A person who can provide a vehicle registration from the City
of Biddeford, Maine;
A person who can provide a valid motor vehicle license showing
an address within the jurisdiction of the City;
A person who can provide a valid school ID showing an address
within the jurisdiction of the City. Proof of eligibility will be
the burden of the applicant.
In the context of this division the words "shellfish," "clams,"
and "intertidal shellfish resources" mean soft shell clams (Mya arenaria).
[Ord. No. 2000.20, § 5, 4-4-2000; Ord. No. 2002.33, 4-2-2002; Ord. No. 2004.8, 3-2-2004; amended 4-7-2009 by Ord. No.
2009.11]
It is unlawful for any person to dig or take shellfish from
the shores and flats of this municipality without having a current
license issued by this municipality as provided by this division.
A commercial digger must also have a valid State of Maine Commercial
Shellfish License issued by the Department of Marine Resources.
(a)
Designation, scope and qualifications:
1.
Resident commercial shellfish license. The license is available to
residents of the municipality and entitles the holder to dig and take
any amount of shellfish from the shores and flats of this municipality
and reciprocating municipalities.
2.
Resident
commercial over 62 shellfish license. The license is available to
residents of the municipality who can and do provide age verification
legally attaining the age of older than 62 years of age at the time
of purchase, and entitles the holder to dig and take any amount of
shellfish from the shores and flats of this municipality and reciprocating
municipalities.
[Added 11-17-2015 by Ord.
No. 2015.75[1]]
[1]
Editor's Note: This ordinance also redesignated of former
Subsection (a)(2) through (5) as Subsection (a)(3) through (6), respectively.
3.
Nonresident commercial shellfish license. The license is available
to nonresidents of this municipality and entitles the holder to dig
and take any amount of shellfish from the shores and flats of this
municipality.
4.
Residential recreational shellfish license. The license is available
to residents and real estate taxpayers of this municipality and entitles
the holder and guest(s) to dig and take no more than one peck of shellfish
per any one day from the shores and flats of this municipality.
5.
Nonresident recreational shellfish license. The license is available
to any person not a resident of this municipality and entitles the
holder and guest(s) to dig and take not more than one peck of shellfish
per any one day from the shores and flats of this municipality.
6.
Resident/nonresident one-day recreational shellfish license. The
license is available to any resident or nonresident, and entitles
the holder to dig and take not more than one peck of shellfish during
the one and only day, or any part thereof, for which the license has
been purchased.
7.
Resident
student commercial shellfish license. The student must be at least
16 years of age or older and under 23 years of age, based upon the
May 1 of the year of application. A person issued a student license
is enrolled:
[Added 11-17-2015 by Ord.
No. 2015.75]
a.
A
person must show proof of age and proof of school attendance, except
that students attending college must show proof of 12 credit hours
per semester by a state-recognized accrediting agency or body.
b.
A
person attending a public day school in accordance with the attendance
requirement of 20-A M.R.S.A. § 5001-A, Subsection 1.
c.
A person meeting the requirements of an alternative to attendance at public day school in accordance with 20-A M.R.S.A. § 5001-A, Subsection 3.
d.
A
person under the age of 18 as of May 1 of the year of application
must have a parent or legal guardian signature on the shellfish application.
e.
A
person may not be considered to have ceased to be a student during
any interim between school years if the interim does not exceed five
months and if it is shown that the person has a bona fide intention
of continuing to pursue a full-time course of study during the semester
or other enrollment period immediately following the interim period.
For purposes of this subsection, "full-time course of study" means
at least 60% of the usual course load for the program in which the
person is enrolled.
f.
The
Shellfish Committee may revoke a student license if the licensee fails
to maintain required student status
8.
Nonresident
student commercial shellfish license. The student must be at least
16 years of age or older and under 23 years of age, based upon the
May 1 of the year of application. A person issued a student license
is enrolled:
[Added 11-17-2015 by Ord.
No. 2015.75[2]]
a.
A
person must show proof of age and proof of school attendance, except
that students attending college must show proof of 12 credit hours
per semester by a state-recognized accrediting agency or body.
b.
A
person attending a public day school in accordance with the attendance
requirement of 20-A M.R.S.A. § 5001-A, Subsection 1.
c.
A person meeting the requirements of an alternative to attendance at public day school in accordance with 20-A M.R.S.A. § 5001-A, Subsection 3.
d.
A
person under the age of 18 as of May 1 of the year of application
must have a parent or legal guardian signature on the shellfish application.
e.
A
person may not be considered to have ceased to be a student during
any interim between school years if the interim does not exceed five
months and if it is shown that the person has a bona fide intention
of continuing to pursue a full-time course of study during the semester
or other enrollment period immediately following the interim period.
For purposes of this subsection, "full-time course of study" means
at least 60% of the usual course load for the program in which the
person is enrolled.
f.
The
Shellfish Committee may revoke a student license if the licensee fails
to maintain required student status
[2]
Editor's Note: This ordinance also redesignated former Subsection
(a)(6) as Subsection (a)(9).
9.
License must be signed. The licensee must sign the license to make
it valid.
(b)
Application procedure. Any person may apply to the Clerk for the
licenses required by this division on forms provided by the municipality.
1.
Contents of application. The application must be in the form of an
affidavit and must contain the applicant's name, current address,
birth date, height, weight, signature and whatever information the
municipality may require.
2.
Misrepresentation. Any person who gives false information on a license
application will cause said license to become invalid and void.
(c)
Fees. The fees for the licenses are as stated below and must accompany
in full the application for the respective license. The Clerk shall
pay all fees received to the Treasurer except for $3 of each license
that will be retained by the Clerk as payment for issuing the license.
Shellfish license fees and fines shall be used by the municipality
for shellfish management, conservation and enforcement.
[Amended 11-17-2015 by Ord. No. 2015.75]
1.
Resident commercial: determined annually.
2.
Resident
commercial over 62: determined annually.
3.
Nonresident commercial: determined annually.
4.
Resident
student commercial: determined annually.
5.
Nonresident
student commercial: determined annually.
6.
Resident recreational: determined annually.
7.
Resident recreational 65 to 69 years old: determined annually.
8.
Nonresident recreational: determined annually.
9.
Nonresident recreational 65 to 69 years old: determined annually.
10.
Resident
recreational 70 years old or older: free.
11.
Nonresident
recreational 70 years old or older: free.
12.
Resident/nonresident one day only license: determined annually.
(d)
Limitation of diggers. Clam resources vary in density and size distribution from year to year and over the limited soft clam producing area of the municipality. It is essential that the municipality carefully husband its shellfish resources. If, following the annual review of the municipality's clam resources, its size distribution, abundance and the warden's reports, as required by Section 74-103, the Shellfish Conservation Committee, in consultation with the DMR area biologist, determines limiting commercial or recreational shellfish licenses is an appropriate shellfish management option for the following year:
1.
Prior to April 1, 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 concurrence.
2.
After receiving approval of proposed license allocations from the
Commissioner of Marine resources and prior to May 1, the Shellfish
Conservation Committee shall notify the Clerk in writing of the number
and allocation of shellfish licenses to be issued.
3.
Notice of the number of licenses to be issued and the procedure for
application 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 period of issuance and
shall be posted in the municipal offices until the period concludes.
4.
The Clerk shall issue licenses to residents and nonresidents as allocated
starting June 1 to residents and nonresidents on a first-come, first-served
basis.
[Amended 11-17-2015 by Ord. No. 2015.75]
5.
Licenses may be returned to the municipality voluntarily, and reissued
to another person at the current fee according to the priorities established
in this section. Any license returned is nonrefundable.
6.
Members of the Shellfish Conservation Committee shall be entitled
to apply for a recreational shellfish license 30 days in advance of
general license sales.
7.
All clam diggers/harvesters must use hand implements only –
no assisted air harvesting (scuba diving).
[Amended 11-17-2015 by Ord. No. 2015.75]
9.
All recreational clam diggers/harvesters shall not possess more than
one container while harvesting. The container must have a maximum
volume of not more than 10 quarts. NOTE: A ten-quart pail filled to
within one inch of the rim is approximately one peck of clams.
(e)
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 Clerk shall issue one license
to nonresidents when six licenses are issued to residents and one
more to nonresidents when five more are issued to residents; thereafter,
one nonresident license will be issued for every 10 additional resident
licenses issued.
[Amended 11-17-2015 by Ord. No. 2015.75]
(f)
License expiration date. Each license issued under authority of this
article expires at midnight on the last day of May next following
the date of issuance.
(g)
Fee waivers. Recreational shellfish license fees will be waived for
license holders 70 years or older. Individuals 12 years or younger
do not need a license to assist a recreational shellfish license holder
in harvesting not more than one peck of shellfish in total per any
one day.
(h)
Suspension. Any shellfish licensee having three convictions for a
violation of this division shall have his shellfish license automatically
suspended for a period of 30 days.
1.
A licensee whose shellfish license has been suspended pursuant to
this division may reapply for a license only after the suspension
period has expired.
2.
The suspension shall be effective from the date of mailing of a notice
of suspension by the Clerk to the licensee.
3.
Any licensee whose shellfish license has automatically been suspended
pursuant to this section shall be entitled to a hearing before the
Shellfish Conservation Committee upon the filing of a written request
for hearing with the Clerk within 30 days following the effective
date of suspension. The licensee may appeal the decision of the Shellfish
Conservation Committee before the Council by filing a written request
for appeal with the Clerk within seven days of the decision of the
Shellfish Conservation Committee.
(i)
Shellfish harvesting log. Commercial shellfish license holders shall
be required to keep a shellfish harvesting log which must be submitted
to the Shellfish Conservation Committee Secretary no later than the
15th of the following month. The log will include the date, location
and number of bushels harvested during each day; failure to maintain
and submit monthly shellfish harvesting logs shall cause the harvester
to lose automatic license retention.
[Amended 11-17-2015 by Ord. No. 2015.75]
(j)
Conservation benefit. Biddeford commercial shellfish license holders
who have purchased their licenses during the period of issuance for
the previous license year and who have completed 12 hours of conservation
work under the supervision of the Shellfish Conservation Committee
shall be permitted to purchase a shellfish license the next year for
a reduced fee, to be set by the Shellfish Committee annually, and
purchased during the first week preceding the regular sale date. The
Shellfish Conservation Committee will preapprove all accepted conservation
projects by a majority vote. These records will be kept by the Secretary.
In the event all commercial license holders complete their conservation
obligation and it is deemed that licenses must be reduced for the
following year, licenses will be issued by seniority. "Seniority"
is defined as number of years a license has been held. If a tie in
seniority occurs, the City Clerk will conduct a lottery to break the
tie.
[Amended 11-17-2015 by Ord. No. 2015.75]
[Ord. No. 2000.20, § 6, 4-4-2000; Ord. No. 2002.33, 4-2-2002; amended 4-7-2009 by Ord. No. 2009.11]
(a)
The
municipal officials, 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, the municipal officials may call a public
hearing, and shall send a copy of the notice to the Department of
Marine Resources. The decision of the municipal officials made after
the hearing shall be based on findings of fact.
(b)
It
shall be unlawful for any person to harvest, take or possess shellfish
from any areas closed by the City of Biddeford in accordance with
the Department of Marine Resources (DMR) Regulation Chapter 7. Harvesting
shellfish in a closed area is a violation of this municipality' s
ordinance and is punishable under 12 M.R.S.A. § 6671.
[Added 9-6-2016 by Ord.
No. 2016.75]
(c)
Boundaries
of conservation closures are explicitly defined in the conservation
closure application submitted by the City of Biddeford to DMR and
are part of the resulting permit issued by DMR. These permits are
posted at the City Clerk' s Office and on the DMR website.
[Added 9-6-2016 by Ord.
No. 2016.75]
[Ord. No. 2000.20, § 7, 4-4-2000; Ord. No. 2002.33, 4-2-2002; amended 4-7-2009 by Ord. No. 2009.11]
It is unlawful for any person to possess soft shell clams within
the municipality which are less than two inches in the longest diameter
except as provided by Subsection (b) of this section
(a)
Definitions:
1.
Lot. The word "lot" as used in this division means 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.
2.
Possess. For the purpose of this section, "possess" means dig, take,
harvest, ship, transport, hold, buy and sell retail and wholesale
soft shell clam shell stock.
(b)
Tolerance. Any person may possess soft shell clams that are less
than two inches if they comprise less than 10% of any lot. The tolerance
shall be determined by 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.
(c)
Penalty. Whoever violates any provision of this section shall be
punished as provided by 12 M.R.S.A. § 6681.
[Ord. No. 2000.20, § 8, 4-4-2000; Ord. No. 2002.33, 4-2-2002; amended 4-7-2009 by Ord. No. 2009.11]
A person who violates this division shall be punished as provided
by 12 M.R.S.A. § 6671(10).
[Ord. No. 2000.20, § 9, 4-4-2000; Ord. No. 2002.33, 4-2-2002; amended 4-7-2009 by Ord. No. 2009.11]
This division, 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 from
which this division is derived is filed with the Commissioner within
20 days of its adoption.
[Ord. No. 2000.20, § 10, 4-4-2000; Ord. No. 2002.33, 4-2-2002; amended 4-7-2009 by Ord. No. 2009.11]
This article shall remain in effect until eliminated or amended.
[Ord. No. 2000.20, § 11, 4-4-2000; Ord. No. 2002.33, 4-2-2002]
If any section, subsection, sentence or part of this division
is for any reason held to be invalid or unconstitutional, such decisions
shall not affect the validity of the remaining portions of this division.
[Ord. No. 2000.20, § 12, 4-4-2000; Ord. No. 2002.33, 4-2-2002]
Any ordinance regulating the harvesting or conservation of shellfish
in the municipality and any provisions of any other municipal ordinance
that is inconsistent with this division is hereby repealed.
