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Shellfish Committee Meeting Minutes - 08/06/14
SHELLFISH CONSERVATION COMMITTEE
Emergency Meeting Minutes
August 6, 2014

  • Call to order 4:30 p.m.
Meeting called to order with those present being Committee Members Barry Thomas. Earl Moore, John Stanley and Tom Falt (Victor Doyle arrived at 4:40 p.m.); also present were Wardens Kevin Edgecomb and Shawn Murphy, DMR Area Biologists Hannah Annis and Heidi Leighton, Commercial License holder David Dunton, and Town Clerk/Recording Secretary Joelle Nolan.

II.     Clam Flat Poaching, discussion
The initial discussion focused on the poachers’ landings, labeling, and tags.  It would seem that the landings, although somewhat confidential, would identify the fact that poaching is being done.  Since the Town of Mount Desert has only five commercial licensed diggers, landings from the Town cannot be that high.  Hannah Annis clarified that although Marine Patrol will work with towns, they cannot enforce town ordinances; it is the responsibility of the town to manage and enforce its ordinance.

Discussion of enforcement and wardens included comments from Shawn Murphy about the importance of patrols at low tide, the need to pay for a warden, and the need to invest time in the flats.  Lt. Kevin Edgecomb noted that he currently does not have the time nor expertise to monitor the flats; however, he could foresee offering the patrol as a special detail and using police officers who would have jurisdiction by law.  Hannah Annis said judges ultimately set the penalties regardless of town fines; however, it is very important that towns submit any tickets to DMR.

Chairman Victor Doyle suggested offering a free license to a resident with the requirement that he also be a warden.  It was the consensus of most of those present that diggers should not be wardens.  Most also agreed that wardens need to be paid.  There is a budget line with funds available.  Up until several years ago, money was budgeted each year for the Annual Town Meeting Warrant.  Hannah Annis suggested the program cannot survive on license fees alone; it needs support from the town.  The Committee requested Town Clerk Nolan to research how the funds can be spent; and who has the authority to spend.  Hannah Annis said ultimately the Board of Selectmen is responsible for the program and guides the committee.

III.    Allocation Plan: Potential Changes for Future Plans
Town Clerk Nolan referred to her June 25, 2014 Memo to the committee regarding the issues of the Allocation Plan conflicting with the Ordinance.  She
will further research and present proposed changes at the committee’s next meeting (yet to be determined).

III.    Such Other Business as May be Legally Conducted
Chairman Doyle suggested offering a Junior commercial license that might be used by a high school student as a co-op internship that would progress to a full commercial license.  Discussion tabled until a future meeting.

Regarding Gilpatrick Cove, Hannah Annis suggested asking the DMR Water Quality people to test again in the fall.  Town Clerk Nolan noted that was part of the plan presented when Public Works Director Tony Smith and Code Enforcement Office Kim Keene met with DMR and DEP.  Hopefully there will be an update late summer or early fall.

IV.     Adjourn
Meeting adjourned at 5:35 p.m.