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 Kennebunkport that will ensure the protection
and optimum utilization of shellfish resources within its limits.
These goals will be achieved by means that 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 clams taken.
E. Limiting the amount of clams taken daily by a harvester.
The Shellfish Conservation Program for the Town of Kennebunkport
will be administered by the Shellfish Conservation Committee consisting
of a minimum of five members and a maximum of seven members, including
the Shellfish Warden, who may be a nonresident, to be appointed by
the Selectmen of the Town of Kennebunkport for terms of three years.
No more than three members shall possess current commercial shellfish
licenses. The Shellfish Warden may not posses a commercial shellfish
license. 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. Surveying each clam-producing area at least once each three years
to establish size distribution and density, and annually estimating
the status of the Town's shellfish conservation.
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.
H. Recommending daily harvest limits to the Board of Selectmen.
As used in this chapter, the following terms shall have the
meanings indicated:
NONRESIDENT
Anyone not qualified as a resident under this chapter.
RESIDENT
Refers to a person who has been domiciled in this municipality
for at least three months next prior to the time his claim of such
residence is made.
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 chapter.
A. Designation, scope and qualifications.
(1) Resident recreational shellfish license. The license is available
to residents and real estate taxpayers of this municipality and entitles
the holder to dig and take no more than one peck of shellfish in any
one day for the use of himself and his family.
(2) Nonresident recreational shellfish license. The license is available
to any person not a resident of this municipality and entitles the
holder to dig and take not more than one peck of shellfish in any
one day for the use of himself and his family.
(3) Resident commercial shellfish license. The license is available to
residents of this municipality and entitles the holder to dig and
take no more than the amount of shellfish as recommended by the Shellfish
Conservation Committee and approved by the Board of Selectmen in any
one day, unassisted only. Commercial license holders must keep a daily
log of clams harvested. This license shall be revoked if the license
holder ceases to reside in the municipality.
(4) Nonresident commercial shellfish license. The license is available
to nonresidents of this municipality and entitles the holder to dig
and take no more than the amount of shellfish as recommended by the
Shellfish Conservation Committee and approved by the Board of Selectmen
in any one day, unassisted only. Commercial license holders must keep
a daily log of clams harvested.
(5) Daily recreational shellfish license. The license is available to
residents and nonresidents of this municipality and entitles the holder
to dig and take no more than one peck of shellfish in any one day
for the use of himself and his family. The license is good only for
the date stated on the license.
(6) License must be signed. The licensee must sign the license to make
it valid.
B. Application procedure. Any person who would like to obtain a license
must apply in person with the Town Clerk for the licenses required
by this chapter on forms provided by the municipality.
[Amended 11-8-2022]
(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 shall be set by the municipal officers
upon the approval of the Commissioner of the Department of Marine
Resources and must accompany in full the application for the respective
license. The Town Clerk shall pay all fees received to the Town Treasurer.
Fees received for shellfish licensing shall be used by the Town for
shellfish management, conservation and enforcement.
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 Town. It is essential that the Town carefully husband its shellfish resources. Following the annual review of the Town's clam resources, its size distribution, abundance, and the Warden's reports, as required by §
127-3, the Shellfish Conservation Committee in consultation with the Department of Marine Resources Area Biologist will determine whether limiting commercial or recreational shellfish licenses is an appropriate shellfish management option for the following year.
(1) Prior to January 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 January 1, the Shellfish
Conservation Committee shall notify the Town 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
that the municipal officers consider effective in reaching persons
affected, not less than 10 days prior to the period of issuance. This
information shall also be posted in the municipal offices until the
period concludes.
(4) The Town Clerk shall issue licenses to residents and nonresidents as allocated [Subsection
D(1)] from mid-April and until June 30, after which licenses shall be issued without regard to residency on a first-come, first-served basis.
[Amended 11-3-2020]
E. License expiration date. Each license issued under authority of this
chapter expires at midnight on December 31 next following date of
issuance. Each daily license issued under the authority of this chapter
shall be valid only for the date stated on the license.
F. Reciprocal harvesting privileges. Licensees from any other municipality
cooperating with this municipality on a joint shellfish management
program may harvest shellfish according to the terms of this license.
G. License fee waiver. Recreational shellfish license fees will be waived
for residents 65 years or older.
[Amended 11-8-2022]
H. Children
12 years and younger do not require a license, but must be accompanied
by a parent or guardian who holds a current Kennebunkport recreational
shellfish license. The total combined daily limit for adults and children
is one peck per license.
[Added 11-8-2022]
I. A shellfish license is not available to anyone whose municipal or
state shellfish license is under suspension or who has been convicted
of violating Maine marine statutes or state wildlife statutes within
a prior twenty-four-month period or who has a valid commercial license
in another Maine municipality.
J. Suspension/revocation. A shellfish license issued under this chapter
is subject to suspension as follows:
(1) In cases where a court enforcement proceeding is brought under this
chapter or state law.
(a)
In the case of a first court judgment finding any violation,
an automatic suspension of 60 days;
(b)
In the case of a second court judgment finding any violation
against the same licensee, an automatic revocation of the existing
license, and the person found in violation is prohibited from reapplying
for a license under this chapter for one year.
(2) In cases where the Shellfish Warden believes that a licensee has
violated this chapter, he may give notice to the licensee of such
belief. If, after providing the licensee with an opportunity to rebut
any evidence he has, the Shellfish Warden concludes that a violation
has occurred, he may issue a notice of suspension not to exceed 30
days.
(a)
A licensee who has received a notice of suspension may appeal
to the Board of Selectmen by filing a written request with the Town
Clerk within seven days of the day the Shellfish Warden's decision
is rendered. Upon filing the request, the suspension is stayed pending
the Board's decision.
(b)
The Board of Selectmen shall hear the appeal as soon as practicable
and shall provide the appellant with at least seven days' written
notice of hearing. It shall hear all the evidence and decide whether
to uphold or reverse the decision of the Shellfish Warden. The rules
of evidence do not apply.
A licensed commercial shellfish harvester must obtain a total
of 10 conservation credit points between January 1 and December 31
in order to remain eligible to obtain a license for the next licensing
period.
A. Documented certification in any of the following activities results
in granting of conversation credit as specified. Participation in
any one of the following activities shall deem a harvester eligible
to receive five conservation credit points per activity:
(1) Participation
in a Kennebunkport Shellfish Conservation Committee-sponsored shellfish
reseeding project.
(2) Participation
in a Kennebunkport Shellfish Conservation Committee-sponsored shellfish
survey.
B. If the Kennebunkport Shellfish Conservation Committee does not sponsor both activities in Subsection
A(1) and
(2) above during a single calendar year, then participation in the single activity sponsored shall be valued at 10 conservation credit points.
C. All records and conservation credit logs will be maintained by the
Shellfish Warden and will be held in the Shellfish Warden's office.
D. Determination of conservation credit completion. By the first business
day of January, the Shellfish Warden shall compile documented conservation
time of each individual harvester and forward a list of those harvesters
determined to have satisfied the conservation credit requirement to
the Town Clerk.
E. Harvesters included on the list submitted by the Shellfish Warden
shall be eligible for a commercial license for the upcoming license
year if a notice of intent has been filed by the deadline.
F. Harvesters will be notified of their status in terms of conservation
credit completeness by the Shellfish Warden by December 1 for credits
earned. A final status will be mailed by December 10.
G. Approved absence from conservation credit requirement. Harvesters
who have not completed a full 10 points of conservation credit in
a given license year are only eligible for a license if their absence
from participation in conservation credit activities is approved by
the Shellfish Warden or Shellfish Conservation Committee.
[Amended 11-3-2020]
H. Approved absences may include an extended and documented illness,
or an extended illness of an immediate family member that is under
the immediate care of the harvester.
I. Requests for a determination of approved absence must be made, in
writing, to the Shellfish Warden and must be submitted no later than
December 15. The request shall include evidence to support an approval
of absence determination.
J. If the absence is approved, the harvester will be required to make
up the remaining conservation credit points during the next license
year.
K. If the absence is not approved, the harvester will not be eligible
to obtain a license.
L. Appeal procedure. A harvester may appeal any determination of eligibility
made by the Shellfish Warden. Request for appeals must be made, in
writing, to the Shellfish Conservation Committee by December 31. Appeals
will be decided by the Shellfish Conservation Committee during its
January meeting. Decisions shall be provided to the Town Clerk, in
writing, no later than five days after the meeting.
It is unlawful for any person to possess soft-shell clams within
the Town of Kennebunkport, County of York, that are less than two
inches in the longest diameter except as provided by Subsection B
of this section.
A. Definitions. As used in this section, 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.
POSSESS
Dig, take, harvest, transport, or hold 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.
A person who violates this chapter shall be punished as provided
by 12 M.R.S.A. § 6671, Subsection 10.
This chapter, which has been approved by the Commissioner of
Marine Resources, shall become effective after its adoption by the
municipality provided a certified copy of the chapter is filed with
the Commissioner within 20 days of its adoption.
This chapter shall remain in effect until repealed by the municipality
or rescinded by the Commissioner of the Department of Marine Resources.
If any section, subsection, sentence or part of this chapter
is for any reason held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining portions of this chapter.
Any ordinance regulating the harvesting or conservation of shellfish
in the Town and any provision of any other Town ordinance that is
inconsistent with this chapter is hereby repealed.