HomeMy WebLinkAboutBoard of Selectmen Minutes December 22, 2008 Afternoon Meeting_2014020615180808471
BOARD OF SELECTMEN
Minutes of the Meeting of 22 December 2008. The meeting took place in the Conference Room,
Town and County Building, 16 Broad Street, Nantucket, MA 02554. Members of the Board present
were Rick Atherton, Brian Chadwick, Allen Reinhard, and Patricia Roggeveen. Michael Kopko
recused himself from the meeting as he has a personal stake in the scallop industry. Vice-chairman
Roggeveen called the meeting to order at 3:02 PM.
Vice-chairman Roggeveen said the upcoming Massachusetts Division of Marine Fisheries (DMF)
hearing will be held 6 January 2009 from 3:00-6:00 PM at the Barnstable Senior Center. Marine
Superintendant Dave Fronzuto said he is hoping for a letter from the Board endorsing the Harbor
and Shellfish Advisory Board’s (SHAB) Scallop Workgroup findings. Vice-chairman Roggeveen
thanked SHAB for its hard work on the issue. Mr. Fronzuto handed out a power point presentation
on the workgroup’s findings. He said he’s heard from the Massachusetts Shellfish Officers
Association regarding the proposed emergency regulations, that scallops are not a big issue to
other communities. Mr. Fronzuto said scallops are a much bigger issue for Nantucket because it is
a winter industry. He said he doesn’t think other communities will go to the DMF hearing with
opposition to the Town’s proposal or with their own proposals. Vice-chairman Roggeveen
explained that the emergency regulations deal with the economic and immediate situation in
Nantucket, and that they allowed fishermen to harvest hundreds of bushels of scallops that couldn’t
have been otherwise. Mr. Fronzuto explained that the DMF will rule on a clear and concise way to
decide seed for the future by either continuing the 2 ½” emergency regulations (which are
scheduled to expire 11 February 2009), adopting some other regulation, adopting a one inch shell
thickness, or do nothing and allow the emergency regulation to lapse. Mr. Fronzuto said
Nantucket’s fishermen have landed more scallops since the emergency regulations were enacted.
The charge of the workgroup was to come up with a definition of scallop shell thickness. The
workgroup recommends that the DMF adopt the one inch emergency regulation through the end of
the current scallop season and return to the well-defined annual growth ring regulation for future
seasons; in addition the workgroup recommends to the Board of Selectmen to institute the
proposed one inch regulation at the local level for future seasons. Mr. Fronzuto explained this
means the Board could be more restrictive than the current well-defined growth ring regulation,
which has no defined size. Mr. Kopko asked for confirmation that the state standard will remain as
a well-defined growth ring and on top of that will be applied the local restriction of one inch
thickness; Mr. Fronzuto agreed. Members of SHAB, its workgroup, and some audience members
voiced their support for the workgroup’s recommendations. Ken Kelly said he wants to stay with the
regulation of a well-defined growth ring only as he felt enforcement of size will be an issue. Vice-
chairman Roggeveen said it comes down to a level of trust and enforcement and she feels
comfortable with the recommendations. Mr. Reinhard moved to adopt the Harbor and Shellfish
Advisory Board’s Scallop Workgroup two recommendations: 1) that the DMF adopt the proposed
regulation (1” thickness) through the end of this season and return to MA General Law Chapter
130, Section 70 (well-defined annual growth ring) for future seasons and 2) recommend to the
Nantucket Board of Selectmen to institute the proposed regulation (1” thickness) at the local level
for future seasons, by the authority given to them by MA General Law Chapter 130, Section 52; Mr.
Chadwick seconded. A discussion ensued about whether the current scallop season should be
included in the second recommendation regarding the local one inch regulation. Mr. Reinhard
amended his motion for the second recommendation to include the words “this and” so the Board
could institute the proposed local one inch regulation at the local level for this and future seasons.
All in favor, so voted.
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Whitey Willauer, president of the Nantucket Shellfish Association, said he thinks it is important to
speak with one voice at the 6 January DMF meeting and it should be decided who will speak on
behalf of the Town. Vice-chairman Roggeveen said she would like to see the following speak at the
DMF hearing: Mr. Fronzuto on enforcement, Wendy McCrae as chair of SHAB, Town Biologist Jeff
Mercer to talk about the science, Peter Boyce from the workgroup, and Vice-chairman Roggeveen
representing the Board. Mr. Willauer suggested including Dr. Bob Kennedy of the Maria Mitchell
Association as a representative as well. Mr. Fronzuto will draft the Board’s letter of support to the
DMF and the Shellfish Association will also write a letter of support. Ms. McCrae suggested Mr.
Willauer should represent the Shellfish Association at the DMF hearing. She also thanked the
Board for the time it has spent on the scallop issue.
The meeting was unanimously adjourned at 3:51 PM.
Approved the 11th day of March, 2009.