2021.03.08 Council Agenda Item 10

Background

In September 1997, the Town established a Shellfish Management Ordinance and Shellfish Conservation Committee. Due to a lack of an annual management plan, which is required by state law and overseen by the Department of Marine Resources (DMR), this ordinance has not been applicable or enforceable for a number of years. This has not proven to be an issue, because of the limited shellfish harvesting opportunities and interest in Falmouth.  

Currently, there is one area that is “conditionally approved” by DMR (see attached map of Area No. 13, section “C.1.”) for shellfish harvesting. Adopting an up-to-date ordinance to ensure proper management of this resource seems prudent in the event that interest in harvesting within this designated area increases in the future.

Current Status

A new Shellfish Management Ordinance has been drafted for Council review and approval. This draft is to replace the existing out-of-date ordinance. Staff referenced the past Falmouth ordinance, current ordinances from other municipalities, including Cumberland and Eastport, and worked closely with the Department of Marine Resources to ensure that the new ordinance incorporates the necessary management plan and process.

The purpose of this ordinance has not changed and is to "establish a shellfish conservation program for the Town which will ensure the protection and optimum utilization of shellfish resources within its limits." These goals will be achieved by means which may include:

1. Licensing;

2. Limiting the number of shellfish harvesters;

3. Restricting the time and area where digging is permitted;

4. Limiting the minimum size of clams taken; and

5. Limiting the number of clams taken daily by a harvester.

Notable changes to the previous ordinance include:

• Addition of guidelines around commercial licensing and harvesting

• Addition of new harvesting guidelines

• Addition of quahog harvesting guidelines

This DRAFT ordinance has been reviewed and informally signed off on by the DMR. It has also been reviewed by Falmouth Police Department, which oversees enforcement of the ordinance, and former members of the past Shellfish Conservation Committee and its Council Liaison Jay Trickett. 

Next Steps

The Council is asked schedule a public hearing. Upon adoption of the ordinance, official approval of the ordinance will be sought from DMR. (Re)appointment of members of the Shellfish Conservation Committee is recommended as their terms have lapsed.

Attachments

Current ordinance - Part II Code of Ordinances, CH. II-9 Marine Activities, Structures and Ways, Art. II-9-2. Shellfishing

Draft proposed Shellfish Management Ordinance

Map of Area 13

Presentation for February 22, 2021 Council Meeting 

Councilor Introduction Letter