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HomeMy WebLinkAbout2013-3-7Agenda Shellfish Bylaw Review Workgroup March 7, 2013 6 p.m. RECEIVED Community Room, 4 Fairgrounds Road 2013 nHR 28 PIS 1 25 MEMBERS PRESENT: Bill Blount, Cari4jWunih FVWN CLERK Shepherd, Stephen Estabrooks, Peter Brace, Ted Lambrecht, Doug Smith, Matt Herr MEMBERS ABSENT: Jo Perkins STAFF: Jeff Carlson, Tara Riley, Bill Pittman OTHERS: UMass students CALL TO ORDER APPROVAL OF THE AGENDA Approved unanimously APPROVAL OF THE MINUTES Approved unanimously CHAIRMAN'S REPORT NEW BUSINESS The group expressed its appreciation to Ms. Riley's for her efforts in providing all the necessary copies of information for the group as well as designing the format for review the regulations for each species and printing out and collating the various sets of regulations for the town, state and federal governments. The group discussed how to proceed in reviewing the regulations with new template. Mr. Carlson explained he might help the group design the handbook of regulations once the group gets done reviewing and revising the regulations. Mr. Brace added that Mr. Carlson would be doing all the background work of processing rewritten regulations into a format for public consumption. Mussels Mr. Blount said this species should be left as is. He asked if horse or, ribbed mussels were of any economic value to be included in the regulations. Ms. Riley said that this species could be covered in the Other Shellfish Species section. Mr. Shepherd said that there is really no commercial value to these mussels. Mr. Brace suggested a species glossary in the back of the booklet. Mr. Herr said the horse mussels could become a source of bait for other fisheries. The group agreed that the season should remain year- round. Mr. Shepherd said the commercial fishery is dictated by the summer market and that you should be able to get them seven days a week. He added that they're a fresh catch to be sold and consumed the days they're harvested. In answer to Mr. Shepherd's concerns about testing mussels for paralytic shellfish poison (PSP or, red tide), Mr. Brace said language on this and possible closures, closures areas and the effects of PSP on humans needed to be repeated in each species' section. The group agreed with Ms. Riley's suggestion of dawn till dusk for hours of fishing. Mr. Shepherd said that on the daily limit language, it should bushel, not box for the definition. The group agreed. Mr. Herr asked they would be including temperature cutoff for fishing on cold days, something like the regulation for scalloping that prohibits scalloping when the temperature is 28 degrees Fahrenheit or colder because dredging for mussels means pulling up scallop seed as well, which dies at this temperature. Mr. Blount said it's a good idea that the 28 -degree regulations for scalloping should apply to all shellfish in these regulations. Mr. Shepherd this would be a good way to control bycatch. Mr. Smith said plenty of people go out to get soft -shell clams when it's colder than 28 degrees. Mr. Carlson said the language on the 28- degree regulation could exclude soft -shell clams and whatever other species the group wanted to exclude. Mr. Carlson added that this regulation would also protect people from extreme cold weather conditions, but Mr. Shepherd felt that this would be over - regulating the taking of shellfish. On the size restriction, the group agreed that two inches would be minimum from end to end. On the method of commercial taking, Mr. Shepherd said that dredges wouldn't be damaging the bottom too much because the beds are always in one place or the other and the fishermen aren't towing all over the harbor. Mr. Herr recalled using four dredges when he went musseling with Andy Roberts. The group agreed that standard size scallop dredges should be used and fewer dredges, which would tear up the bottom less. Mr. Brace asked what bottom is being torn up if, as described by the fishermen on the workgroup, mussel beds tend to be just, layer upon layer of mussels. Mr. Shepherd explained that generally, near -shore mussels beds are on mud and the shells of other shellfish species, but there are no scallops growing there. Mr. Shepherd said the group should consult with Neil Cocker on the size of mussels and the number of dredges before finalizing its mussel regulations. Mr. Smith and Mr. Herr suggested four standard scallop dredges. The group agreed. Mr. Brace asked how we'll know if mussels are out there. Mr. Herr asked Mr. Carlson if a regulation is changed that is different from the town's current shellfish regulations in Chapter 122 -6, would it require a town meeting vote to make it legal. Mr. Carlson said that at some point, yes, but that first the selectmen must approve it. Restating existing regulations in a new format doesn't require selectmen approval, Mr. Carlson said. Mr. Blount suggested that for recreational musseling, the season should be the same year- round, hours and minimum size. Mr. Brace said the language for recreational musseling should be crystal clear. The group agreed that recreational musselers should use just on standard size scallop dredge to prevent any misunderstanding of what size they can use. Mr. Herr said that another important thing to consider about the size limit is that we have a huge eider duck winter occupation force that can easily wipe out entire mussel beds during the winter, so the group should consider allowing recreational musselers to take 1.5 -inch mussels and up. The group agreed to consider this. The group agreed with Mr. Carlson that the requirements for issuance of a recreational or commercial shellfish permit be that same for all species and agreed that this issue should be discussed under General Rules or Fees. Oysters Mr. Blount said his father helped get oyster aquaculture going in Narragansett Bay by dredging up seed oysters from Sesachacha Pond and giving them to Mr. Blount's father who brought them to Rhode Island, but he added that around 50 bushels were dumped into Nantucket Harbor where they grew incredibly well. Mr. Shepherd said he used to get them by hand from Sesachacha Pond. Ms. Riley said that there is a natural set of oysters in this pond, but she's never found anything larger than one inch long. She added that she is doing joint water quality testing of Sesachacha Pond with the state to get that pond approved for the taking of shellfish from this pond. Ms. Riley said the recreational limit for oysters is a half - bushel a day, but that there are no regulations for the commercial oyster fishery because there is no fishery. She added that the group must decide whether to create commercial oyster regulations to have in place when such a fishery is developed. Mr. Carlson said, and the group agreed, that under oysters, we need to put "closed to commercial taking of oysters" so there's no doubt about the current status of the fishery. Mr. Brace recommended that a map of Nantucket Harbor be put into the regulations booklet showing where all aquaculture leases are so recreational osytermen know what's off limits to them. Ms. Riley said that oysters from one location cannot legally be removed and put elsewhere to enhance a population without certain tests and permission first. Mr. Blount suggested, and the group agreed, that recreational season for oysters should be Sept. 1 to April 30, that hours for taking should be sunrise to sunset, that the size should be three inches minimum, that the amount should be a half - bushel per day and that they can be taken by hand, rakes and tongs, but not by dredge. Soft -shell clams Currently, there is only a recreational fishery for soft -shell clams. The group agreed that soft -shell clams are too scarce and two popular for there to be a commercial fishery. Mr. Blount suggested the hours for digging soft -shell clams be sunrise to sunset, that the season be Sept. 15 to June 15 on Sundays only and that harvesting methods be hands, rakes and poles /tongs. Ms. Riley recommended that the word "clam" be replaced with the words soft - shelled clams so there is no mistake about what species can be harvested. Mr. Herr asked about returning undersize soft -shell clams to the mud and Ms. Riley said she wants to put in the regulations booklet that you have to replant them in the mud. Mr. Brace noted that this information is already on the back of recreational license permits. Mr. Shepherd said that information is more than just enforcement, it's information that people want to know about because generally they're interested in complying and helping enhance the fishery. Mr. Shepherd suggested putting some of these regulations in the Nantucket Blue Pages. Mr. Brace said that that is not likely to happen since this publication is all about water quality. Mr. Brace asked where on the regulations schedule is the apprentice program? Several members of the group inquired about meeting earlier than 6pm. Mr. Brace said that there's a possibility of that when the Finance Committee stops meeting in the Community Room at 4pm before the group's meeting. He added there isn't any room up in the training room and that the group is meeting where it is because of the constraints of time and space for town meetings OLD BUSINESS PUBLIC QUESTIONS AND COMMENT RECAP and ITEMS FOR NEXT MEETING ADJOURN — 7:46 p.m. Unanimously approved Future Meetings: April 2 and April 16