[Adopted 12-2-1996]
The applicant shall pay for legal advertising for the public hearings
required by the various boards and agencies that must review the proposal.
A.
Prior to the issuance of the aquaculture license, the
applicant shall be required to have the project area surveyed by a registered
engineer or surveyor. The plan must accompany the application for the license
and be of an appropriate scale to be recorded at the Barnstable County Registry
of Deeds.
B.
Aquaculture license applications shall be considered
on a first come, first served basis within the limitations of acceptable and
available area as determined by the Board of Selectmen and the Massachusetts
Division of Marine Fisheries. The Board of Selectmen may issue a moratorium
on the issuance of aquaculture licenses at any time when this action is deemed
appropriate and in the best interest of the Town.
C.
Any aquaculture application that is incomplete as a result
of inaction on the part of the applicant for a period of six months shall
be denied without prejudice. The applicant may begin the application process
again, if he chooses.
D.
The aquaculture license holder must comply with all Massachusetts
Division of Marine Fisheries aquaculture regulations under MGL C. 130. Failure
to comply with the aforementioned laws and regulations shall be deemed cause
to revoke the aquaculture license by the Board of Selectmen.
Aquaculture licenses shall have an initial term of five years and may
be renewed for a period not to exceed fifteen years. Aquaculture licenses
will be renewed to the original holder provided that there are no violations
of the aquaculture regulations in effect at the beginning of the current term.
Upon renewal, any new or revised aquaculture regulations shall be observed
by the license holder.
It shall be the responsibility of the applicant to determine if the
proposed site is on private property. If so, written permission from the landowner
is required. The aquaculture license issued by the Town does not give the
applicant rights to use private land.
A fee of $25.00/acre/year cash or in kind shall be paid by the license
holder to the Town of Falmouth and shall be payable no later than December
31 for the following year and shall be submitted with the annual production
report. This report shall include an inventory of all seed currently on the
site, shellfish harvested, and seed purchased for the year. The Board of Selectmen
shall review the production report once each year as prescribed by MGL C.
130, § 65. The license holder shall produce documents upon request
by the Selectmen showing shellfish seed purchased and sales slips.
A.
All aquaculture sites shall be marked at the corners
with signs or buoys with three-inch letters as follows:
|
PRIVATE SHELLFISH AREA
NUMBER OF AQUACULTURE LICENSE
NO SHELLFISHING
|
B.
A hazard buoy may be if there are structures placed on
the bottom within the area.
C.
Inshore sites may be required to have bound markers surveyed
and placed on shore.
A.
Inshore sites will be issued for a maximum of three acres
with two acres held in reserve for expansion after the first five-year period.
Additional acreage may be applied for after the first five years in no more
than five-acre increments.
B.
Offshore sites, those leases located in the coastal zone
outside of the ponds, rivers, and bays out to three miles offshore, shall
be limited to ten acres for the first five years.
C.
Adjacent licensed sites shall maintain a fifty-foot buffer
zone between each licensed area to allow for access.
The license holder is responsible for any debris that washes away from
the site and shall remove such material immediately. Failure to remove debris
within three days after being notified by the Shellfish Constable or any other
agency within the Town shall be cause for a Selectmen's Hearing.
No cages or other equipment that is not in use may be stored at the
site location.
A.
Aquaculture licenses shall not be transferred without
written approval of the Board of Selectmen. Persons seeking licenses through
transfers must meet all current criteria for aquaculture license applicants.
B.
The license holder must give written notification to
the Shellfish Constable of any employees authorized to work on the site.
C.
The Shellfish Constable shall have the authority to inspect
the site, including the contents of any and all rafts, floats, and other containers
at any time. The Town of Falmouth reserves the right to obtain samples of
any shellfish from the site for the purpose of certified testing for disease.
It shall be unlawful for any aquaculture license holder to take seed
shellfish from Town waters outside of the licensed site without written consent
from the Board of Selectmen and the Director of the Division of Marine Fisheries.
A.
Seed shellfish purchased for use on the site shall be
obtained from sources approved by the Massachusetts Division of Marine Fisheries.
B.
A minimum of $1000.00 worth of shellfish per acre shall
be maintained on the site at all times after the first five years. Allowances
may be made for catastrophic losses. During the first five years, there must
be a sincere effort made to attain this minimum requirement.
When a licensed site is discontinued and/or terminated for any reason,
the permit holder shall be required to remove all rafts, racks, floats, and
other equipment from the area within 60 days from the site expiration date.
Any and all equipment not removed within 60 days may be recovered by the Town
at the expense of the license holder.
