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 management plan,
shellfish shall be defined as soft-shell clams (Mya arenaria).
(C.O. 07-77A § 1)
Every digger, master and subordinate, shall purchase a moderately
contaminated shellfish license from the city of Revere to harvest
in DMF designated shellfish areas in the Pines River in either the
city of Revere or the town of Saugus. 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 Revere moderately contaminated shellfish license
must possess a valid master or subordinate digger permit issued by
the Massachusetts Division of Marine Fisheries. License applicants
must sign a copy of the management plan codified in this chapter in
the presence of the proper authority of the city of Revere acknowledging
that the applicant has read, is familiar with, and agrees to fully
comply with provisions of this chapter.
(C.O. 07-77A § 2)
License fees and rack fees shall be established by the city
of Revere board of health in cooperation with the Massachusetts Division
of Marine Fisheries. The annual license fee shall be one hundred fifty
dollars for residents and three hundred dollars for nonresidents;
the rack fee shall be two dollars per rack. The city of Revere shall
allow Saugus residents to purchase a nonresident license but will
waive the nonresident fee, charging the resident fee in its place.
(C.O. 07-77A § 3)
The shellfish constable or his/her approved designee(s) may
accept and hold master digger permits, subordinate digger permits,
and supervisor and transportation agent authorization forms while
the permit and/or authorization form holder is engaged in "clean"
shellfish activities. Conversely, the shellfish constable or his/her
approved designee(s) may accept and hold shellfish permits, commercial
fisherman permits endorsed for shellfish, and shellfish transaction
cards while the permit holder is engaged in moderately contaminated
shellfish activities.
(C.O. 07-77A § 4)
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 per provisions
of M.G.L. Ch. 130 s. 98. The 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. 07-77A § 5)
The city of Revere and Massachusetts Division of Marine Fisheries
will sign a memorandum of understanding (MOU) whereby the city of
Revere agrees to notify the Massachusetts Division of Marine Fisheries
in the event of a discharge from a sanitary sewer that impacts or
has reasonable potential to impact receiving waters in the city of
Revere. Marine Fisheries will be notified by phone at (978) 282-0308
ext. 160 immediately following detection of a problem or potential
problem. That memorandum of understanding shall be an addendum to
this chapter.
(C.O. 07-77A § 6)
The 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. 07-77A § 7)
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 of Revere and the Massachusetts Division of Marine
Fisheries may agree to set rack limits in shellfishing areas for conservation
purposes. Notification of a rack limit will be in the form of a letter
from the Director of Marine Fisheries to the mayor of Revere with
copies to the appropriate entities.
(C.O. 07-77A § 8)
Shellfish shall be thoroughly washed with water from the harvest
area and dead or broken shellfish or foreign matter removed from the
catch prior to loading onto the transport vehicle in accordance with
provisions of 322 C.M.R. 10.04 (3,4).
(C.O. 07-77A § 9)
The shellfish constable and 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
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 moderately
contaminated areas being harvested under this chapter, 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. 07-77A § 10)
The following practices are prohibited in the city of Revere:
A.
No master
or subordinate digger shall contribute to the catch of another digger;
B.
No master
or subordinate digger shall exceed a daily limit imposed by the city
of Revere and/or the Massachusetts Division of Marine Fisheries;
C.
No master
or subordinate digger shall be in the possession of more than five
percent seed clams; and
D.
No master
or subordinate digger may embark to the flats to conduct his/her moderately
contaminated shellfish activities without first checking with a shellfish
constable or deputy shellfish constable.
(C.O. 07-77A § 11)
The city of Revere shall install and maintain red/orange markers
clearly delineating the boundaries between classification areas. The
Massachusetts Division of Marine Fisheries will provide the city of
Revere with a list and description of the classification areas in
the city of Revere including information on the classification and
locations for installing red/orange markers. In addition, signs will
be used to notify the public that the area is contaminated and shellfishing
is not permitted. Signs shall be posted by the city of Revere at commonly
used and/or public access points. The city of Revere shall provide
posting locations to the Massachusetts Division of Marine Fisheries.
(C.O. 07-77A § 12)
No more than one conditionally restricted area may be harvested
per day in either the city of Revere or the town of Saugus. The conditionally
restricted areas' status shall be "open" to shellfishing by the Massachusetts
Division of Marine Fisheries and the city of Revere prior to harvest.
The city of Revere and the Massachusetts Division of Marine Fisheries
may wish to partition the available flats into harvest areas. It is
at the discretion of the shellfish constable to assign the digging
area. The shellfish constable will notify the Massachusetts Division
of Marine Fisheries' shellfish purification plant each Friday with
the proposed digging schedule for the following week. Changes to the
digging schedule may be made with the prior approval of the Massachusetts
Division of Marine Fisheries. The shellfish constable must notify
the Massachusetts Office of Environmental Law Enforcement and the
Massachusetts Division of Marine Fisheries' shellfish purification
plant of a schedule change, due to weather or unpredictable circumstances.
(C.O. 07-77A § 13)
Shellfish from conditionally restricted areas, open to harvest,
shall be transported to the Massachusetts Division of Marine Fisheries'
shellfish purification plant via prescribed routes designated by the
division. In a qualified emergency, the shellfish constables may make
a temporary route change, within the city, with the approval of the
Massachusetts Office of Environmental Law Enforcement. The division
of Marine Fisheries' shellfish purification plant will be notified
immediately upon the temporary change.
(C.O. 07-77A § 14)
All shellfish harvested on any "digging day" shall be transported
immediately to the shellfish purification plant. Shellfish may be
held overnight in an emergency. "Hold over" shellfish will only be
allowed with the agreement of the Massachusetts Office of Environmental
Law Enforcement. The shellfish purification plant will be immediately
notified and all conditions of 322 C.M.R. 10.06 shall be met. The
Massachusetts Office of Environmental Law Enforcement will designate
a secure location for "hold over" shellfish. The shellfish will be
transported to the shellfish purification plant the next morning.
No other shellfish will be transported with "hold over" shellfish.
(C.O. 07-77A § 15)
The initial landing site for Revere shall be the public boat
launch adjacent to the Wharf Restaurant on North Shore Road (Route
1A). The shellfish constable, at his/her discretion, may assign another
landing site. No more than one landing site shall be assigned on any
one day when any conditionally restricted area is open to harvest
within the city of Revere or the town of Saugus. The shellfish constables
shall notify the Massachusetts Division of Marine Fisheries' shellfish
purification plant each Friday with the proposed landing site schedule
for the following week. Changes in the landing site schedule by the
shellfish constable may be made with the approval of the Massachusetts
Division of Marine Fisheries. The shellfish constable will notify
the Massachusetts Office of Environmental Law Enforcement on changes
in the landing site schedule. It is the responsibility of the city
of Revere to arrange the use of designated landing sites not under
the city's control.
(C.O. 07-77A § 16)
The city of Revere may assess shellfish areas to determine the
extent of the shellfish resource. The Massachusetts Division of Marine
Fisheries may, as necessary, assist in the resource assessment. The
results will be used as a recommendation to the Revere board of health,
and based upon such recommendations, the Revere board of health, with
the approval of the Massachusetts Division of Marine Fisheries, may
institute a management closure of a shellfish area, or portion therefor,
in accordance with M.G.L. c. 130, Sections 52, 54. The Massachusetts:
Division of Marine Fisheries reserves the right to institute public
health closures in accordance with M.G.L. c. 130, Sections 74, 74A.
(C.O. 07-77A § 17)
This chapter shall be reviewed annually by the Massachusetts
Division of Marine Fisheries and the shellfish constables. Changes
may be made at any time upon written request and mutual concurrence
of the board of health and the Massachusetts Division of Marine Fisheries.
(C.O. 07-77A § 18)
