As used in this chapter, 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."
NONRESIDENT
Anyone not qualified as a resident under this chapter.
POSSESS
To dig, take, harvest, ship, transport, hold, buy and sell
retail and wholesale soft-shell clam shell stock.
REAL PROPERTY TAXPAYER
Any individual, whether resident or nonresident, who pays
property taxes to the Town of Wells with respect to real property
located within the Town of Wells.
[Added 4-25-2008]
RESIDENT
A person who has been domiciled in this Town for at least
three months next prior to the time his/her claim of such residence
is made. No person shall be considered a resident if he/she:
A.
Has not, if registered to vote, registered in
Wells.
B.
Does not, if licensed to drive a motor vehicle,
possess a Maine driver's license that reflects a local address.
C.
Has not, if owning a motor vehicle located within
the state, registered such vehicle in Maine.
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 Wells which will
ensure the protection and optimum utilization of shellfish resources
within its limits. These goals will be achieved by means which 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 fees for the licenses shall be established
by the Board of Selectmen, following notice and a public hearing,
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 and conservation and enforcement of this chapter.
Such fees shall be kept in a separate account entitled "Shellfish
Conservation and Control." Any money not expended for this purpose
shall not lapse but shall be carried over to the next fiscal year.
[Amended 4-25-2008; 11-18-2008; 9-7-2010]
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 diggers
must be controlled. This 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 control:
A. Prior to July, the Town Shellfish Conservation Committee, with the approval of the Commissioner of Marine Resources, will establish the number of licenses to be permitted and will allocate them within the various license categories itemized in §
190-6.
B. The Shellfish Conservation Committee will notify the
Town Clerk in writing prior to August of the number of licenses to
be issued. No reservations will be accepted by telephone. 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, which Town
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.
C. Commencing on the fourth Tuesday in November, the Town Clerk shall issue licenses according to the numbers established and allocated by the Shellfish Conservation Committee pursuant to §
190-9A. If, on the 90th day, following the opening day of sales, all of the licenses established and allocated pursuant to §
190-9A have not been issued, any remaining licenses, regardless of category, shall be issued on a first-come-first-served basis. All licenses shall become effective on December 1.
[Amended 8-19-2014; 8-16-2016]
[Amended 9-7-2010; 4-16-2024]
Each license issued under authority of this
chapter expires at 12:00 midnight on the 31st day of March next following
the date of issue. Daily recreational shellfish licenses will expire
at 12:00 midnight on the specified date of the permit.
[Amended 9-20-2016]
The Town officers, with the approval of the
Commissioner of Marine Resources, may open and close areas for shellfish
harvest. Upon recommendation of the Shellfish Conservation Committee
and concurrence of the Department of Marine Resources area biologists
that the status of the shellfish resource and other factors bearing
on sound management indicate that an area should be opened or closed,
the Town officers may call a public hearing on 10 days' notice to
the Department of Marine Resources. The decision of the Town officers
made after the hearing shall be based on findings of fact.
A. Boundaries
of conservation closures are explicitly defined in the conservation
closure application submitted by the Town of Wells to DMR and are
part of the resulting permit issued by DMR. These permits are posted
at the Town office or online: http://www.maine.gov/dmr/shellfish-sanitation-management/programs/municipal/ordinances/towninfo.html.
[Amended 9-20-2016]
A person who violates this chapter shall be guilty of a crime punishable as provided by 12 M.R.S.A. § 6671, except that fines for violation of §
190-10 shall be provided in 12 M.R.S.A. § 6681.
A. It shall
be unlawful for any person to harvest, take or possess shellfish from
any areas closed by the Town of Wells in accordance with DMR Regulation,
Chapter 7. Harvesting shellfish in a closed area is a violation of
this municipality's ordinance and is punishable under 12 M.S.R.A.
§ 6671.
[Amended 4-12-2003]
This chapter, which has been approved by the
Commissioner of Marine Resources, shall become effective after its
adoption by the Town, provided that a certified copy of this chapter
is filed with the Commissioner within 20 days of its adoption.