[HISTORY: Adopted by the Town of Barnstable 3-2-2000 (Art. LIX of Ch. III of the General Ordinances as updated through 7-7-2003). Amendments noted where applicable.]
Shellfish — See Ch. 407.
Pursuant to Section 6 of Article 89 of the amendments to the Constitution of the Commonwealth, the Charter of the Town and Chapter 130 of the General Laws, a local system to control, regulate or prohibit the taking of eels and any or all kinds of shellfish, sea worms, and alewives within the Town is authorized. In accordance with Chapter 130 of the General Laws the Town Manager, subject to disapproval by the Town Council, shall annually adopt rules and regulations not contrary to law in regard to the shellfisheries. The Shellfish Constable, together with the Shellfish Committee shall be responsible for advising the Town Manager in regard to the drafting of said rules and regulations. The Town Manager shall subject said rules and regulations to a public hearing before final adoption.
The Town Manager shall also be responsible for the granting of shellfish aquaculture licenses, subject to disapproval by the Town Council. Upon written application accompanied by sufficient plans to show the intended project and project area to be licensed, the Town Manager shall forward said application to the appropriate boards, committees and departments and shall serve notice of a public hearing to be held pursuant to § 60, Chapter 130, MGL.
The Town Manager shall promulgate rules and regulations and make grants as aforesaid, and publish the same and file the same with the Town Clerk, and shall, forthwith upon their promulgation transmit them to the Town Council. They shall become effective upon the expiration of 30 days unless the Council votes within said time to disapprove them. Regulations made hereunder shall be published by posting a copy of the same in the office of the Town Manager, and in the office of the Town Clerk, and in three or more public places in said city or Town, or by publishing the same once in a newspaper, if any, published in the Town, and as may be further prescribed by law.
The Town Manager may undertake the following without approval by the Town Council:
Granting commercial and family permits.
Opening and closing area shellfisheries with the advice of the Shellfish Constable.
Enforcement of rules and regulations
Promote propagation efforts for the enhancement of the Town of Barnstable fisheries with advice of the Shellfish Committee.
The Town Manager shall have the authority to take emergency action as defined below.
The Town Manager without a hearing may take any emergency action necessary for immediate management or control of the shellfisheries. Such emergency action shall not remain in effect for a period longer than 60 days, unless approved by the Town Council.