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HomeMy Public PortalAbout2022 Commercial Razor Clam Regulations TOWN OF BREWSTER 2022 Commercial Razor Clam Regulations Section 15 Commercial Razor Clam The purpose of these regulations is to sustainably manage the commercial harvest of razor clams in the waters of Brewster. The Select board reserves the right to modify these regulations at any time in order to protect and preserve this natural resource. The Department of Natural Resources recognizes the mobility of this fishery and the need to adjust the regulations as they migrate to new areas. Section 15.1 Commercial Shellfish License Purchase A.) Only persons holding a current Town of Brewster Commercial Shellfish License with a Razor Clam Endorsement may harvest razor clams from the waters of Brewster. B.) Commercial Shellfish Licenses will be sold at the Department of Natural Resource Office (1657 Main Street, Brewster) April 1 to May 31 Section 15.2 Razor Clam Application A.) Renewal harvester applications will be accepted starting Friday April 1 through April 15 at the Department of Natural Resource Office. B.) New harvester applications will be available on Friday April 1 through April 28 at the Department of Natural Resource Office with the lottery on Friday April 29. If the available spots are not filled by April 29, the application period will extend through the end of May Section 15.3 Endorsement Purchase A.) Renewal Endorsements will be available for purchase Tuesday April 5 2022, through April 15 2022 at Department of Natural Resource Office (1657 Main Street). B.) A computer-generated random selection lottery will be held on Friday April 29 2022 if there are more applicants than available spots. C.) Any new endorsement selected in the lottery may be purchased until May 31. D.) In the event that a harvester’s license is revoked, that available endorsement may be filled, and a commercial shellfish license and razor clam endorsement may be purchased after May 31, based on a waiting list from the lottery. Section 15.4 Annual Harvester Selection A.) In 2021, 10 regular harvesters and 1 student met the mid-year requirements and are subject to grandfathering for the 2022 season. B.) Total permits in 2022 will be 15 regular harvesters and four student harvesters. C.) 5 regular harvesters will be chosen by a computer-generated random selection lottery. D.) 3 student harvesters will be chosen by a computer-generated random selection lottery. E.) If a grandfathered regular harvester does not renew their license, their permit will be added to the regular harvester lottery. F.) If a grandfathered student harvester does not renew their license, their permit will be added to the student lottery. Section 15.5 Endorsement Types A.) Regular Commercial Razor Clam Endorsement – The Select Board will issue 15 regular commercial razor clam endorsements to Brewster residents aged 21+. B.) Junior Commercial Razor Clam Endorsement - The Select Board will issue 4 junior commercial razor clam endorsements to Brewster residents aged 16-20 years old. This category has been capped at 4 participants who operate under the same rules and regulations as a regular commercial razor clam endorsement with exception to the endorsement fee and mid-year harvest requirements. Should the junior license holder turn 21 during the commercial season, they shall continue harvesting as a Junior until the season ends. C.) Apprentice - The Select Board may issue an apprentice razor clam endorsement to a resident child who is sponsored by a Town of Brewster commercial razor clam endorsement holder. Said child must be under the age of 16 and said apprentice endorsement shall expire on the child’s 16th birthday or at the end of the commercial season. The apprentice may only assist a sponsor who is actively engaged in the harvesting of razor clams. Each razor clam endorsement holder is allowed 2 (two) apprentice permits. Any apprentice will not be subject to the grandfather privileges and must enter the lottery for the desired program. Section 15.6 Endorsement fee A.) Regular $ 25.00 B.) Junior $ 25.00 C.) Apprentice No fee Section 15.7 Season The waters and flats of Cape Cod Bay in the Town of Brewster shall be open for the taking of razor clams annually from April 1st through December 31st, subject to seasonal closures of certain areas as detailed in section 15.11, Harvest Area. The taking of razor clams outside of this defined harvest period is prohibited. Section 15.8 Harvest Methods A. The taking of razor clams by means of salting with food grade salt is allowable, provided there are no other species (such as soft-shelled clams or quahogs) within the inter-tidal zone of a given area. Areas of mixed species will be assessed and determined in the sole and unfettered discretion of the Shellfish Constable B. No other method of harvest is allowable, such as plungers, pumps, drags, dredges or electric charge. C. Harvesters cannot use a pre-mixed salt solution for harvesting, harvest site mixing only using ocean water and food grade salt. D. Dry salting (salt not in a water solution), broadcast salting (spreading dry salt over a tidal flat) or spraying of any other solution than food grade table salt is prohibited. Section 15.9 Harvest Notification A. The Town of Brewster will require all harvesters to notify the shellfish constable each time they plan to harvest and specify whether by land or by boat. If by boat, indicate which harbor with adequate time for Shellfish Constables to respond. B. Prior to harvesting razor clams each day, the harvester must contact the Shellfish Constable to announce: a) Name b) Time c) Location Section 15.10 Harvester Reporting A.) After harvesting, the harvester must complete all required fields on the google reporting document by the last day of that harvest month. This includes: 1. Harvester name 2. Number of pounds harvested 3. Location 4. Hours spent harvesting (Defined as: The first spray of salt to the last clam harvested) 5. Apprentice participation 6. Date 7. AM or PM tide B.) On the last day of each month, all harvesters are required to submit photocopies of their harvest tags with the following information: • Wholesale name • Date • Description (type of clam) • # of pounds • Stamped transaction number PLEASE OMIT ALL FINANCIAL INFORMATION Methods of contact include: office phone (508) 896-4546 or text to department cell phone (774) 212-9040. Section 15.11 Harvest Area A. All areas in Brewster waters from a point beginning 100 yards west of Ellis Landing and extending magnetic north and running East to the Town line border between Brewster and Orleans (see map) are closed April 1 through May 31 for commercial razor clamming. This area will open for harvest from June 1 through December 31 (pending initial assessment data and monthly harvest trends) B. All areas (except those designated in red, see map) in Brewster waters from a point beginning 100 yards west of Ellis Landing and extending magnetic north, and running west to the Town line border between Brewster and Dennis (see map) will be open April 1 through December 31 for commercial razor clamming. C. Commercial razor clamming is prohibited in aquaculture sites and designated recreational shellfishing areas defined as: Saint’s Landing recreational quahog area, Littleneck rock beds off Ellis Landing. Section 15.12 Tagging / Display Permit A. All shellfish harvested under a commercial shellfish permit shall be placed in a suitable container during transport. The container shall bear a label or tag legibly marked with: a) Date of harvest. b) Place of harvest (CCB20) c) Digger’s state permit number. d) Name of digger. B. All shellfish, commercial permits and licenses shall be displayed upon demand of a Shellfish Constable or Town of Brewster police officer. Section 15.13 Commercial Shellfish Hours A. See Commercial Regulations Section 15.14 Landings A. All razor clams commercially harvested and landed shall be in bushel baskets measuring 18" in length, 10 ½ " in height, and 12 ¼" in width. (2150 cubic inches) B. All razor clams commercially harvested by foot shall be landed only at Town landings. C. All razor clams commercial harvested by boat will have to obtain written permission from the shellfish constable and the neighboring harbormasters in order to land shellfish in their harbors. In addition to tagging the bags CCB 20, the permit holder will have to retain a copy of this permission to display with their license. Section 15.15 Temperature Restrictions A. See Commercial Regulations Section 15.16 Size / Catch limit A. 5” (five) minimum size B. 2 Bushel per day limit Section 15.17 Harvest Limit A. Each harvester will have a 2 (two) tide harvest maximum per month. Section 15.18 Undersized Razor Clams A. All under sized (less than 5 inches) razor clams must be returned to the flats and buried (under the sand) immediately after harvest. Section 15.19 Principally Domiciled Residency Requirements A. Each applicant for a commercial razor clam endorsement shall be a resident and principally domiciled in the Town for a period of twelve (12) months prior to application. If at any time the endorsement holder should change domicile to another town, the permit holder shall immediately notify the Shellfish Constable and the permit shall be automatically revoked and must be surrendered to the Shellfish Constable. B. Each application shall be subject to review by the Shellfish Constable and Select Board, prior to approval. C. Establishing residency shall be the burden of the applicant, to the satisfaction of the issuing authority to provide four (4) of the following documents as proof of a principally domiciled resident: 1. A current mortgage statement; 2. A current motor vehicle excise tax bill issued by the Town; 3. A current real estate tax bill issued by the Town; 4. A current lease or rental agreement of the applicant’s residence/domicile in Brewster 5. A current listing on the Town census or list of persons 6. Or any other documentation as approved by the Shellfish Constable Please note that a driver’s license is not a valid proof of domicile Section 15.20 Reason for License Revocation A. Failure to maintain the residency requirements B. Failure to meet the required reporting requirements within 30 (thirty) days of harvest C. Failure to renew an endorsement within the specified time requirements Section 15.21 Pre-Season Density Assessment A.) April and May will be used to assess the population in the East end of Brewster (Ellis Landing to the Orleans/Brewster Town line.) B.) DNR staff and County staff, and harvesters will collaborate to conduct a resource assessment C.) Options from assessment a. If assessment shows density is down compared to previous years, the East end of Brewster will remain closed b. If assessment shows density is up compared to the previous year, the East end of Brewster will open from June 1 – December 31. Section 15.22 Monthly Harvest Assessment A.) A monthly harvest assessment using data generated from pounds per day and pounds per minute, as generated in the existing harvest assessment. B.) Each harvester will be required to submit harvest data via the google document form and submit photocopies of each documented harvest day at the end of each month. C.) If harvest trends from these monthly reports show a further reduction in harvest levels, further restrictions, or closure to the Eastern end of Brewster shall be implemented. Google document link: Brewster Razor Clam Catch Report Section 15.23 Minimum Harvest Requirements A.) No minimum harvest requirements for 2022. Section 15.24 Transferability of License A.) These licenses are not transferable.