[Added 6-16-1998 STM
by Art. 3; as amended through 6-11-2013 ATM]
This article is enacted in accordance with 12 M.R.S.A. §§ 6671
and 6681.
The purpose of this article is to establish a Shellfish Conservation
Program for the Town of Ogunquit which will ensure the protection
and optimum utilization of shellfish resources within its geographical
limits. These goals will be achieved by means which may include:
The Shellfish Conservation Program for the Town of Ogunquit
will be administered by the Shellfish Conservation Commission consisting
of five regular and two alternate members to be appointed by the Select
Board for terms of three years. The Commission's responsibilities
include:
A.
Establishing annually, in conjunction with the Department of Marine
Resources of the State of Maine, the number of shellfish digging licenses
to be issued.
B.
Surveying the clam flats to maintain current information on shellfish
resources. Such surveys include:
(1)
Determination of size frequency of the shellfish;
(2)
Determination of growth;
(3)
Estimation of the standing crop of shellfish;
(4)
Collection of harvest data documenting local values of shellfish
resources;
(5)
Estimation of potential yield of the flats;
(6)
Identification of sources of pollution impacting shellfish populations
and location of sources on charts;
(7)
Identification of other resource problems such as green crab predation
on shellfish and competition from mussels;
(8)
Reseeding and transplanting to make fallow areas productive; and
(9)
Placing barriers to keep spat in the area.
C.
Submitting to the Select Board proposals for the expenditures of
funds for the purpose of shellfish conservation.
D.
Reviewing this article periodically and making recommendations for
amendments on a timely basis.
E.
Securing and maintaining records of shellfish harvest from the municipality'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 Select Board
in conjunction with the Area Biologist of the Department of Marine
Resources.
G.
Designing and promulgating a Shellfish Conservation Plan in cooperation
with the Department of Marine Resources, based on the results of the
clam flat survey, incorporating recommended levels of harvesting on
the various flats (as shall be delineated on maps prepared by the
Conservation Commission). Possible inclusions in such a plan are crop
rotation, seed programs and predator control.
H.
Submitting an annual report to the municipality and Department of
Marine Resources, detailing all funds available, fund expenditures,
harvest data, results of all experimental and conservation programs,
enforcement activities and sources of pollution.
I.
Submitting a recommended fee schedule to the Select Board on an annual
basis for licenses, whereupon the Select Board shall then have the
authority to accept, reject or amend such fees, as it deems necessary.
[Amended 4-7-2003 ATM]
As used in this article, the following terms shall have the
meanings indicated:
To dig, take, remove or otherwise harvest shellfish in the
municipality.
The total number of clams in any bulk pile. Where clams are
in a box, barrel or other container, the contents of each box, barrel
or other container constitutes a separate lot.
The Town of Ogunquit, Maine.
A resident of the State of Maine who is otherwise qualified
as a resident under this article.
The first 90 days during which this municipality issues shellfish
digging licenses each year.
Harvest, ship, transport, hold, buy and sell retail and wholesale
clam shell-stock.
A person who has resided in the State of Maine for at least
six months next prior to the time his claim of such residence is made,
and who has resided in this municipality for at least three months
prior to the time his claim of such residence is made. "Resident"
is extended to include nonresident property tax paying owners of real
estate in this municipality.
Soft-shell clams ("Mya arenaria").
A.
Shellfish digging license.
(1)
A municipal shellfish digging license is required. It is unlawful
for any person to harvest shellfish in this municipality without having
a current license issued by this municipality as provided by this
article. It shall be lawful to harvest clams during the dates stated
on the license. Actual digging is limited to daylight hours. It will
be unlawful to dig from sunset to 1/2 hour before sunrise.
(2)
A licensee under the age of eight must be accompanied by an adult
licensee at least 18 years of age at all times when harvesting shellfish.
[Amended 4-7-2003 ATM]
B.
Type of license.
(1)
Resident, real property taxpayer and Town employee recreational shellfish
license. This license is available to residents, real property taxpayers
and Town employees only of this municipality and entitles the holder
to harvest no more than one peck of shellfish in any one day for the
use of himself and his family, from the shore, flats or coastal waters
of this municipality, when and where it is lawful to do so.
[Amended 6-11-2013 ATM]
(2)
Nonresident recreational shellfish license. This license is available
to any Maine resident who is not a resident of Ogunquit and entitles
the holder to harvest not more than one peck of shellfish in any one
day for the use of himself/herself and his/her family, from the shores,
flats or coastal waters of Ogunquit when and where it is lawful to
do so.
[Amended 4-7-2003 ATM]
(3)
Resident commercial shellfish license. No license available.
(4)
Nonresident commercial shellfish license. No license available.
(5)
One-time, specific date permit. Will be available on specified dig
date to anyone on a first-come basis, any state, at areas designated
by the Town.
[Amended 4-7-2001 ATM; 10-18-2005 Select Board; 6-11-2013 ATM]
(6)
Ogunquit Shellfish Conservation Commission reserved licenses. These
licenses shall be issued to each member serving on the Commission
less than one year, upon payment of stated fees. Those Commission
members having served more than one year and accumulating 10 or more
hours of service time doing clam surveys, testing, or anything that
benefits the Commission during the previous year shall be entitled
to a free license.
[Amended 4-7-2001 ATM]
(7)
License must be signed. The licensee must sign his or her license
in order to validate it. Any person harvesting clams in this municipality
shall have on his/her person and show to any warden or law enforcement
officer positive identification, when requested, in addition to the
license, where required.
C.
Application procedure. Any person may apply to the Town Clerk for
the license required by this article on forms provided by the municipality.
(1)
Contents of the application. The application must be in the form
on an affidavit and must contain the applicant's name, current address,
birth date, height, weight, signature and other 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.
(3)
Records. The Clerk or designated official of this municipality shall
note on the application the date the license was issued, sign it and
file the application with his or her records.
(4)
Notice. Notice of the number and the procedure for application shall
be published in a trade or industry publication 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.
D.
Limitation of diggers. Because the shellfish resources are limited
and because a commercial or recreational digger can be expected to
harvest a certain volume of clams per year, the number of licenses
must be controlled. The number will vary from year to year depending
upon estimates of the resource capabilities and management requirements
consistent with good resource utilization. The following procedures
will be followed to exercise the control:
(1)
Prior to October 1 of each year, the Shellfish Conservation Commission
with the approval of the Commissioner of Marine Resources will establish
the number of licenses to be permitted.
(2)
The Shellfish Conservation Commission will notify the Town Clerk,
in writing, prior to October 1 of each year the number of licenses
to be issued.
(3)
During the period of issuance, the Town Clerk shall issue licenses
to residents and nonresidents as allocated for each year on or after
November 1 until January 29, after which the then-remaining unsold
licenses shall be issued on a first-come, first-served basis to residents
and nonresidents alike.
E.
Open license sales. When the Shellfish Conservation Commission 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 Town Clerk shall issue
one license to nonresidents when six licenses are issued to residents
and one more to nonresidents will be issued for every 10 additional
resident licenses issued. For each recreational license category,
the 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.
[Amended 10-18-2005 Select Board]
F.
License expiration date. Each license issued under authority of this
article expires at 12:00 midnight on the 31st day of March.
It is unlawful to possess in this municipality shellfish which
are less than two inches in the longest diameter, except that a licensee
may possess shellfish that are less than two inches if they comprise
less than 10% of any lot. 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. Diggers must use a clam digger's
fork or a tined fork with two-inch separation of tines and with a
handle no longer than two feet.
The Municipal Officers, with the approval of the Commissioner
of Marine Resources, may open and close areas for shellfish harvest.
Upon recommendation of the Shellfish Conservation Commission and concurrence
of the Department of Marine Resources Area Biologist that the status
of the shellfish resource and other factors bearing on sound management
indicate that an area should be opened or closed, the Municipal Officers
may call a public hearing on 10 days' notice published in a newspaper
having general circulation in the municipality stating the time, place
and subject matter of the hearing, and shall send a copy of the notice
to the Department of Marine Resources. The decision of the Municipal
Officers made after the hearing shall be based on findings of fact.
A person who violates this article, in any way, shall be punished
as provided by 12 M.R.S.A. §§ 6671 and 6681.
This article, which has been approved by the Commissioner of
Marine Resources, shall become effective, and continue to be effective
after its adoption by the municipality, provided a certified copy
of this article is filed with the Commissioner within 20 days of its
adoption.
