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HomeMy WebLinkAboutBoard of Selectmen Minutes November 13, 2008_201402061518139754BOARD OF SELECTMEN Joint Meeting with NANTUCKET HARBOR and SHELLFISH ADVISORY BOARD Minutes for Meeting on November 13, 2008 – Approved November 18, 2008 by HSAB; December 3, 2008 by Board of Selectmen 2 Fairgrounds Road, Nantucket, MA The meeting was called to order at 4:34pm. Board members present: Ms. McCrae, Mr. Holdgate, Ms. Finch, Dr. Boyce, Mr. Blount, and Mr. Smith. Also present: Mr. Willauer (BOS Liaison), Board of Selectmen with Ms. Roggeveen presiding and Mr. Kopko not sitting, Mr. Fronzuto, Mr. Mercer, about 40 scallopers, Dr. Estabrooks, Elliot Baker (Inquirer & Mirror), and Peter Brace (Nantucket Independent). Ms. McCrae (HSAB) apologized for cutting Mr. Beebe off prematurely at the last meeting and turned the meeting over to Ms. Roggeveen. Ms. Roggeveen (BOS) noted that the directive from the state DMF arrived last night, but that it would not be official until signed by the Director and accepted by the State Attorney General, a process which normally takes two days. Mr. Fronzuto read the letter from the state to the BOS. The main points are as follows: The current situation is that there is a preponderance of seed. The state took a conservative position, but is now clarifying the definition of a harvestable scallop as either having a raised annual growth ring of 10 mm or larger or a shell height of 2.5 inches or more (measured from hinge to end of shell). The new definition is issued on an emergency basis for a duration of 90 days. The letter quotes the actual regulation and closes by expressing a willingness to work with the local Nantucket authorities to resolve this issue on a more long term basis. Mr. Fronzuto clarified that the regulation was signed by the Director Wednesday night and by the Commissioner in the morning and approved by the Attorney General at 4:13pm, at which point the regulation came into effect. The scallopers can fish under the new rule tomorrow (Friday). Mr. Kelley asked why some scallopers were allowed to land five bushels under the new rule today. Mr. Fronzuto replied that some scallopers who had received news that the ruling was going to be signed had fished under the new rule and waited until it officially went into effect late in the afternoon to land their catch. There was general unhappiness with the lack of full communication with all the fishing fleet about the status of the regulation as it evolved. Ms. Roggeveen (BOS) asked what could be done to compensate the fishermen for the fishing days lost while this was being sorted out. Dr. Boyce (HSAB) suggested allowing Saturday fishing for the rest of the year. Mr. Shepherd said he was not in favor of increasing the catch at this time; dealers do not buy on the weekend and the increased supply will negatively affect the market price. He would prefer to spread the catch out over the winter. He would like to keep the rules as they are. Ms. McCrae (HSAB) asked for a show of hands, and all but one scalloper agreed that there should be no Saturday fishing. Dr. Boyce (HSAB) withdrew his suggestion. It was suggested that the license fee be waived next year for scallopers affected by this year’s delay. The general feeling was that it would be difficult to determine whose fee should be waived. It was stated that the license fee is only symbolic anyway. Ms. Roggeveen (BOS) said the BOS will request a public hearing with the state to start on resolving the scallop regulations on a more permanent basis. Dr. Boyce (HSAB) noted that the situation varies markedly from year to year and needs considerable flexibility, which can best be accomplished with local control based on monitoring of the scallop population such as has been done during the past two years. Mr. Holdgate (Senior) asked if perhaps the Town could pick up the fee for the lawyer which a group of scallopers had hired to speed up the process. There was not much enthusiasm for this, and it was tabled until the next meeting. Mr. Holdgate (HSAB) then asked what happens after 90 days. Mr. Fronzuto said the emergency regulation would expire, reverting to the strict 10mm definition. He recommended petitioning the state to extend the regulation to the end of the season, through March 31, 2009. He also said the state will work with Nantucket throughout the coming year to resolve the problem. Mr. Farley suggested that we set up a small ad-hoc workgroup with members from the fishing community, HSAB and the Marine Department to work on this issue. Mr. Smith (HSAB) said that this is related to the Shellfish Management Plan which is supposed to be under way. He likened it to the development of the Harbor Plan which had a good process for collecting data. Mr. Blount (HSAB) reminded us that every year is different, and that one plan may not fit all years. Mr. Farley expressed interest in being on such a committee to move forward. He noted the language would be critical, and is concerned about the lack of effective communication. Mr. Drake also lamented the perceived lack of transparency in the process. He called upon the HSAB and BOS to ensure openness. Mr. Nickerson wanted to establish a policy of warning the fishermen well in advance if there is going to be a change in the regulations. Mr. Chadwick (BOS) suggested that a small workgroup could be assembled at an upcoming HSAB meeting. With proper advance warning this would give other interested people a chance to get involved. This will be an agenda item for the next HSAB meeting. Mr. Nickerson urged that all the fleet be informed of this. Ms. McCrae (HSAB) thanked the Board for their interest and work. The meeting adjourned at 5:20 pm.