HISTORY: Adopted by the Town of Kittery;[1] amended in its entirety 6-13-2022. Subsequent amendments noted where applicable.]
[1]
Editor's Note: This chapter was renumbered from six sections
to 15 sections for organizational purposes only 5-30-2018 by Ord. No. 04-18.
The ordinance codified in this chapter is enacted in accordance
with 12 M.R.S. § 6671.
The purpose of this chapter is to establish a shellfish conservation
program for the Town which will ensure the protection and optimum
utilization of shellfish resources within its limits. These goals
will be achieved by means which may include:
As used in this chapter, the following terms shall have the
meanings indicated:
The total number of shellfish in any bulk pile. Where shellfish
are in a box, barrel or other container, the contents of each box,
barrel or other container constitutes a separate lot.
Anyone who does not quality as a resident under this chapter
and is:
Dig, take, harvest, ship, transport, hold, buy and sell retail
and wholesale shellfish shellstock.
A person who has been domiciled in Kittery for at least three
months as evidenced by a vehicle registration, voter registration,
State of Maine income tax return, or other documentation acceptable
to the Town Clerk.
Clams, quahogs, oysters and mussels, and includes shellstock
and shucked shellfish.
It is unlawful for any person to dig or possess shellfish from
the shores and flats of Kittery without having a current license issued
by the Town.
A.
Residential recreational shellfish license. The license is available
to residents and entitles the holder to dig and take possession of
no more than one peck of shellfish in any one day for personal use.
B.
Nonresident recreational shellfish license. The license is available
to any person not a resident and entitles the holder to dig and possess
not more than one peck of shellfish in any one day for personal use.
C.
No person may dig and possess shellfish from the shores and
flats of Kittery for the purposes of commercial use or commercial
sale.
The annual license fee is set out in Appendix A.
It is essential that the Town carefully husband its shellfish
resources. The number of licenses issued from year to year will vary
depending on the annual review of the Town's shellfish resources,
sizes, distribution, and abundance.
A.
The Shellfish Conservation Commission, with approval of the
Commissioner of Marine Resources, will establish the number of noncommercial
licenses to be permitted each year.
B.
The Shellfish Commission will notify the Town Clerk in writing
prior to November 1 of the number of licenses to be issued for the
ensuing year.
C.
Notice of the number of licenses to be issued and the procedure
for application is to be published in a trade or industry publication,
or in a newspaper or combination of newspapers with general circulation,
not less than 10 days prior to the period of issuance, and posted
in the municipal offices until the period concludes.
D.
Licenses shall be issued annually, on a first-come-first-served
basis. A wait list may be established if all licenses are issued.
The wait list will only be valid for the season it is established.
E.
Licenses may be returned to the Town voluntarily and reissued
to another qualifying applicant at the current fee.
Each license issued under authority of this chapter expires
at 12:00 midnight on November 30 following the date of issuance.
The Town Council, upon the approval of the Commissioner of Marine
Resources, may open and close areas for shellfish harvest. Upon recommendation
of the Shellfish Conservation Committee and concurrence of the Department
of Marine Resources that the status of shellfish resource and other
factors bearing on sound management indicate that an area should be
opened or closed, the Town Council may hold a public hearing on the
matter, and shall send a copy of the notice to the Department of Marine
Resources. The decision of the Town Council to open or close a shellfish
harvest area is to be based on findings of fact.
A.
The shellfish harvest season shall be established each year
by the Town Council, upon recommendation of the Shellfish Conservation
Commission and approval of the Commissioner of Marine Resources. The
shellfish harvest season may be amended by the Town Council as deemed
recommended or needed.
B.
Shellfish harvesting may only occur on Sundays and on nationally
recognized holidays, between sunrise and sunset, during the harvest
season.
A.
It is unlawful for any person to possess soft-shell clams within
the Town which are less than two inches in the longest diameter, unless
as otherwise provided.
B.
Any person may possess soft-shell clams that are less than two
inches if they comprise less than 10% of any lot. The tolerance is
determined by numerical count of not less than one peck nor more than
four pecks taken at random from various parts of the lot or by a count
of the entire lot if it contains less than one peck.
A.
The Shellfish Warden, Harbormaster, and Kittery police officers
are authorized to enforce violations of this chapter, to include the
issuance of civil violations.
B.
Any person in violation of this chapter, excluding a violation
of § 12.6.13C may be assessed a penalty of $100 for the
first offense, $150 for the second offense and $200 for the third
and subsequent offenses.
C.
Any person found taking shellfish from an area not opened by
the Town Council for harvesting, or when harvesting is not permitted,
may be assessed a penalty of $500, and may result in the revocation
of the individual's shellfish license.
D.
Repeat offenders and/or those who fail to pay fines within 30
days in accordance with this chapter may have their license suspended
or revoked. A license that has been suspended or revoked more than
once may be prohibited from receiving a license in the ensuing year.
E.
Any person who violates this chapter may be charged with a Class
D crime in accordance with 12 M.R.S. § 6671.
In the event of any conflict in the provisions of this chapter
with the provisions of any present or future statute relating thereto,
the most restrictive or that imposing the higher standards governs.
