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 Bar Harbor that will
ensure the protection and optimum utilization of shellfish resources
within its limits. These goals will be achieved by means including:
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; and
E. Limiting the amount of clams taken daily by a harvester.
As used in this chapter, the following terms
shall have the meanings indicated:
JUNIOR
A person who is under 18 on the first day of the licensing
period.
[Added 7-21-2020 by Ord. No. 2020-10]
NONRESIDENT
Anyone not qualified as a resident under this chapter.
RESIDENT
A person who has been domiciled in this municipality for
at least three months immediately prior to the time his/her claim
of such residence is made.
SHELLFISH and CLAMS
Soft-shell clams, Mya arenaria; quahogs, Mercenaria mercenaria;
and Eastern oysters, Crassostrea virginica.
[Amended 9-6-2022 by Ord. No. 2022-04]
[Amended 8-4-2015 by Ord.
No. 2015-02; 9-6-2022 by Ord. No. 2022-04]
The Town Council, upon the approval of the Maine
Commissioner of Marine Resources, may open and close areas for shellfish
harvest. Upon recommendation of the Marine Resources Committee and
concurrence by the Maine 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 Marine Resources Committee presents the recommendation to Town
Council. Town Council may vote to approve or deny the change in status
at that time, or call a public hearing on 10 days' notice published
in a newspaper having general circulation in the Town, 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 Town Council shall be based on findings of fact. Once Council
has approved the recommended change in harvest area status, application
will be made to the Maine Department of Marine Resources for state
approval.
A person who violates this chapter shall be
punished as provided by 12 M.R.S.A. § 6671(6-A) and (10).
This chapter has been approved by the Maine Commissioner of Marine Resources. Section
170-5B(8) of this chapter, Commercial license eligibility, shall become effective January 1, 2013, with the balance of this chapter effective 30 days following its adoption by the Town Council, provided that a certified copy of this chapter is filed with the Commissioner within 20 days of its adoption.