The following chapter is intended for the city of Revere as
a management, conservation and law enforcement cooperative measure.
This chapter is intended to ensure an adequate control of the moderately
contaminated shellfish harvest, under the authority of Massachusetts
General Laws, Chapter 130, Sections 52, 74, 74A, 75, 80 and 98, and
322 C.M.R. 10.00 et seq. For the purpose of this chapter, shellfish
shall be defined as soft-shell clams (Mya arenaria). All shellfish
harvesting within the city of Revere shall be performed in accordance
with this chapter.
(C.O. 07-77 § 1 (part))
Every digger, master and subordinate, must obtain a moderately
contaminated shellfish license from the city of Revere. Moderately
contaminated shellfish licenses shall be valid for one year, and shall
expire at the end of the day on December 31st unless otherwise noted
on the license. Applicants for a shellfish license must possess a
valid master or subordinate digger permit issued by the Massachusetts
Division of Marine Fisheries. Fees for the licenses shall be established
by the board of health.
(C.O. 07-77 § 1 (part))
The health agent of the board of health shall be the shellfish
constable for the city of Revere, and all code enforcement officers
of the board of health shall be deputy shellfish constables for the
city of Revere. Such shellfish constable and deputy shellfish constables
shall enforce the provisions of this chapter and the provisions of
M.G.L. c. 130. Officers of the Massachusetts Office of Environmental
Law Enforcement shall also have the authority to enforce the provisions
of this chapter.
(C.O. 07-77 § 1 (part))
The shellfish constable and/or the deputy shellfish constables
shall maintain a daily record with the number of racks harvested by
each master digger. Such records shall contain, but not be limited
to, the following information:
A.
The
date and proper designation of the shellfish area harvested;
B.
The
name of the master digger or supervisor and the permit number of the
master digger;
C.
The
number of racks collected by the master digger or his/her supervisor;
and
D.
The
true names and permit numbers of the subordinate diggers harvesting
that day and numbers of racks each subordinate dug.
(C.O. 07-77 § 1 (part))
A daily rack limit may be imposed upon each digger when the
Massachusetts Division of Marine Fisheries and the city of Revere
agree a limit is necessary. Any rack limit will be based upon the
capacity of the Massachusetts Division of Marine Fisheries' shellfish
purification plant. No master digger or subordinate will exceed the
rack limit. The city shall charge a fee per rack, such rack fee to
be determined by the board of health.
(C.O. 07-77 § 1 (part))
The shellfish constable and/or deputy shellfish constables will
review daily the master digger's report for completeness and sign
and retain the canary-colored copy prior to transport. The shellfish
constable and/or deputy shellfish constables will inspect racks of
shellfish harvested with respect to M.G.L. c. 130, Sections 52, 69
and 322 C.M.R. 10.04. The shellfish constable and/or a deputy shellfish
constable will be present at the debarkation/landing site and within
the boundaries of the mildly contaminated areas being harvested under
this plan, for the portion of the day that the flats are open. In
addition, the city of Revere shall adequately patrol or monitor shellfish
areas and landing sites during closures.
(C.O. 07-77 § 1 (part))
The shellfish constable and/or deputy shellfish constables shall have the right to enforce these provisions by means of criminal complaints or by means of the noncriminal disposition procedure set forth in Chapter 1.12 of the revised ordinances of the city of Revere.
(C.O. 07-77 § 1 (part))
