Once areas are identified by the Natural Resources Department
as potentially suitable for the location of shellfish aquaculture,
and the areas are under the control of the Town, the Select Board
may exercise its discretion as the licensing authority for the issuance
of license(s) for shellfish aquaculture (grants) in compliance with
MGL c. 130.
In the event that a licensed aquaculture area previously certified
by the DMF becomes available, it will be considered on whether it
should continue for the purpose of aquaculture and, if so, offered
first to the Town of Nantucket for propagation use, and if not needed,
the next in line on the waiting list of qualified approved applicants
shall be notified by the Natural Resources Department. The Select
Board shall hold a public hearing to determine who shall be granted
the right to use such available acreage for aquaculture.
The annual fee for an aquaculture license to be paid to the
Town by each licensee shall be set from time to time by the Select
Board, but in no event shall the fee be more than $25 per acre (or
portion thereof) per licensee, as required by MGL c. 130, § 64.
The fee shall be due no later than March 31 of any given year.
Grants are located in the following areas:
A. Area 1: Head of Harbor (60 acres).
B. Area 2: Coskata Pond (10 acres).
C. Area 3: Pocomo Meadows (6 acres).
D. Area 4: Coskata entrance (12 acres).
E. Area 5: Polpis Harbor (12 acres).
*Approval of the proposed licensed areas shall be determined
by the Natural Resources Department, Harbor and Shellfish Advisory
Board, and ultimately the Select Board with appropriate regard for
reasonable navigational and recreational/commercial interest in the
areas concerned.
The Select Board may license specific areas beneath the waters
of the Town to individuals for the purpose of granting exclusive rights
to plant, grow and harvest shellfish from that area. Said license
is subject to the provisions of MGL c. 130, those set forth in current
regulations of the Division of Marine Fisheries, these regulations
or other Town bylaws, as well as any specific conditions or restrictions
set forth in the license by the Select Board.
The Select Board or its designee will accept and process applications
for area licenses in accordance with MGL c. 130, § 57, and
the application procedure of the Town, specifically the Natural Resources
Department.
The Select Board may, at a duly advertised public hearing, declare
a moratorium (a time-specific closure) on license approvals at any
time this action is deemed appropriate and in the best interests of
the fishery and the environment.
Licenses issued will be issued only to domiciled residents (See Part 8, Definitions, of this Article
IV.) of the Town, 18 years of age or older, who have the knowledge and experience to fulfill the responsibilities specified in the license, provided that the applicant has held and used a Nantucket commercial shellfishing permit during two of the last three years or the applicant can demonstrate some experience in shellfish propagation and aquaculture. This may be supported by a letter from a license holder describing the type of work performed and any other information which might be relevant. At such time as a licensee ceases to be a domiciled resident of the Town, that individual shall be removed from the license and the waiting list.
The initial term for a new license shall be two years. Provided
appropriate effort has been demonstrated, as required, the first renewal
of a license may be for up to 10 years, unless the licensee agrees
to a shorter term. Renewals may be requested and acted upon only during
the six months immediately prior to the expiration date of the current
license. The renewal period shall begin on the expiration date of
the existing license.
All individuals authorized by a licensed grant holder to work
the grant in the absence of a licensed grant holder must be registered
with the Natural Resources Department or department designated by
the Select Board. Licensees are responsible for the actions of all
such employees or otherwise affiliated persons while they are working
on the grant designated by their registration.
No licensee shall hold a license for, or have use of, more than
one to four acres (depending on availability) during lease years 1
to 3 and upon good standing and demonstrated need for expansion may
apply for one to six more acres but not to exceed 10 acres total per
lease. Special consideration may be given by the Select Board or its
designee for earlier expansions if environmental conditions prohibit
or alter production plans as originally proposed. Each person named
on a license as a licensee shall be charged with the total acreage
covered by that license.
A. Licensees shall have the exclusive use of the area described in their
license for the purpose of aquaculture, for the duration of their
terms. No other individual may use the license without the express
permission of the licensee(s).
B. Licensees may transfer the rights or responsibilities assigned to
their license to any other individuals, companies or corporations
by vote of the Select Board. (See MGL c. 130, § 58.)
Any license issued under the provisions of MGL c. 130, § 57
shall, upon the death of the sole licensee, continue in full force
and effect, subject to the same terms, conditions and regulations
imposed by the original license, for the balance of the unexpired
term or one year, whichever is longer. This is for the use and benefit
of the immediate family of the deceased licensee. For purposes of
this section, the term "immediate family" shall mean a spouse, son,
daughter, mother, father, brother or sister of said deceased licensee.
The Town will not be held liable for any damage to a licensed
area, or gear, or stock thereon by reason of any dredging or other
harbor improvements undertaken by the Town.
"Evidence of productivity" shall be defined as listed below in §
260-4.51, Minimum levels of production.
There shall be minimum level of shellfish production required
in order to retain an aquaculture license. This shall be a minimum
inventory maintained of 10,000 shellfish per acre. These standards
are subject to review by the Select Board or its designee and may
be amended.
Failure of the licensee(s) to meet the specified production
level for any three consecutive years may result in the forfeiture
of the aquaculture license and licensed area, as stated in MGL c 130; § 65.
The Natural Resources Department shall have the right to waive
the minimum production requirement when there is evidence that the
failure to meet the minimum standard is due to events beyond the control
of the license holder.
In the event of an extension being granted to a presently licensed
area, the same level of effort per acre for the newly licensed area
is required as described above.
Licensees shall file annual reports, under oath, on their activities
in accordance with MGL c. 130, § 65 on or before December
31 each year. The report must include any changes or deviation from
the original plan filed with the original application or any subsequent
application.
Any licensee who submits a false licensed area report in violation
of MGL c. 130, § 65 shall be penalized by the revocation
of his or her license.
Subsequent to the filing of the annual report, the Natural Resources
Department will notify any license holder who, in the opinion of the
Town, has failed to meet the minimum requirements. The license holder
has the right to appeal to the Select Board within two weeks after
notification. If no appeal is filed on a timely basis, the license
will be forfeited.
The Natural Resources Department shall make no less than one
visit per year to the site of each licensed area in the company of
the license holder.
No person shall harvest, plant, transplant, transport, sell
or otherwise have in his/her possession seed shellfish, without first
obtaining a state seed permit from the Massachusetts DMF, as required
by MGL c. 130, § 80 and 322 CMR 15.04(1)(b)1.
It shall be unlawful to use lethal means to control or exclude
predators or other organisms from any area used for aquaculture. Nonlethal
exclosures, including, but not limited to, nets, fences, bubble curtains
and noise, may be used, if approved for a specific site and purpose.
Invertebrate predators, pests and fouling organisms may be removed
manually from an aquaculture site and disposed of in a lawful manner.
[(CMR 322, Section 13.7.2); (322 CMR 15.07(2)]
Horseshoe crabs shall not be intentionally killed while practicing
predator control.
No person shall maintain a predator control method that will
intentionally threaten any endangered species.
In the event that a significant amount of bay scallop seed sets
within the boundaries of a licensed aquaculture lease, every effort
shall be made to remove and relocate the seed by the licensee and
the Department of Natural Resources.
A. Every licensee shall mark the corners of the area licensed under
his/her license with buoys marked with the license number. From April
1 to November 1, the corners shall be marked with float balls approved
by the Natural Resources Department.
B. Buoys shall be attached to their anchor by cables, chains or nonfloating
lines. Numbers shall be marked on said buoys, and shall be at least
two inches high and shall be black in color. Winter sticks shall be
required from November 1 through April 1.
Every licensee shall clearly and permanently mark any and all
trays, boxes, holding cars and all other aquaculture gear with the
license number of the license area in a manner that is clearly visible.
All gear on licensed areas must be securely fastened to the
bottom or removed. All unusable gear, including loose nets, twisted
and damaged racks, loose envelopes, grow-out bags and fastening devices,
must be removed from a licensed area and disposed of properly.
If the gear is not properly secured and ends up outside of the
leaseholder's designated area or on shore, it is up to the leaseholder
to provide immediate removal.
Oyster Gro cages or other floating/suspended gear located in
NT5 must be sunk and secure by December 15, unless the Natural Resources
Department deems it necessary to require an earlier winterizing date
due to potential damaging weather or water temperatures.
The Shellfish Constable shall have the authority to temporarily
waive these regulations if the presence of ice hampers the ability
of a licensee to immediately comply with these regulations.
After receiving a written warning, the licensee has seven days
to comply. After the seventh day, a $50 ticket shall be issued for
each day of noncompliance. After 30 days of noncompliance, the licensee
shall have his or her license revoked.
The use of hydraulic harvesting gear for the purpose of harvesting
shellfish from within the boundaries of a licensed area is permitted
under the following conditions and with the following restrictions:
A. Devices used shall be for the hosed ejection of water under pressure
into a shellfish bed.
B. Pressure pumps shall not exceed five horsepower as rated by the manufacturer.
C. Noise-control devices (i.e., mufflers) shall be in place and in good
repair at all times.
D. Not more than one device may be used on any grant at any time.
E. Hours of operation shall be between 7:00 a.m. and 1/2 hour before
sunset.
F. The Natural Resources Department shall have the authority to direct
an individual involved in the use of such equipment to cease and desist
if it feels that there is a problem that necessitates such action.
Any individual so ordered shall have the right to appeal the decision
to the Select Board at its first scheduled meeting after the service
of such order.
No aquaculture license holder may willfully extend or cause
to extend his or her grant boundaries, or allow cultivation, operation,
propagation or products and equipment to exist beyond the duly recorded
boundaries of his or her licensed area. The Natural Resources Department
may cause a licensed area to be resurveyed by a registered civil engineer
in the event that the assigned boundaries of an aquaculture license
are called into question. If a violation of this Part 5 is then established,
the aquaculture license of the individual guilty of the infraction
shall then be revoked.
In the event of abandonment or default of a lease, the leaseholder
is required to remove all personal property from the licensed area
at his/her cost. If gear is not completely removed, the Town of Nantucket
may remove the gear at the expense of the leaseholder.
All licensed aquaculture growers must adhere to all state policies
regarding vibriosis and the harvesting of shellfish.