Municipalities that have an approved Municipal Shellfish
Conservation Ordinance shall meet the requirements under
12 M.R.S.
§6671 and the goals, objectives and
conservation measures outlined in their Shellfish Management Plan; and they
must implement the requirements outlined in this section. The municipality may
appoint or elect a shellfish conservation committee to assist the municipality
in executing its responsibilities. Municipal responsibilities include:
1. Establishing annually with approval from
the Department at least 30 days prior to the period of issuance the number,
type and fees of shellfish harvesting licenses to be issued (referred to as the
"license allocation") using a Department-approved form. The Department may
require justification prior to approving changes to the license
allocation.
2. Municipalities with
an approved Shellfish Management Plan may be required to conduct resource
surveys on a periodic basis of the commercially productive areas within the
municipality classified as approved or conditionally approved, using
Department-approved methods. The Department may require the municipality to
conduct resource surveys prior to approving changes to their Municipal
Shellfish Conservation Ordinance. The Department may require the municipality
to conduct resource surveys prior to approving changes to their license
allocation. The Department may also conduct resource surveys in lieu of or in
conjunction with the municipalities.
3. Enforcing the municipal shellfish
conservation ordinance by a Department certified Shellfish Warden including but
not limited to requirements involving licensing and closures to shellfish
harvest; and
4. Submitting
annually, on a Department approved form, by April
1st, a complete and accurate Municipal Shellfish
Management Plan Review, to the Department including the following information:
statement of management goals and implementation actions, members of the
shellfish committee or staff, shellfish committee meeting schedule,
conservation credit information, summary of conservation closures/opening,
summary of transplant activities, details on survey data, shellfish management
activities undertaken, e.g. spat fall enhancement, predator controls, etc. and
related expenses, number of shellfish harvest licenses sold, revenue from
license sales and fines, funds raised or appropriated for shellfish management,
and summaries of municipal wardens' activities for municipally managed
areas.
