(AMENDMENT: SHELLFISH AQUACULTURAL GRANT PROGRAM)

Effective January 1, 1992, shellfish farming shall be permitted under the following terms and conditions of the Aquacultural Grant Program.

2. Applicants desiring a Grant shall be required to complete and submit all information required by the Town's approved application form. Grants requested on any other form shall be considered unacceptable.

3. Approval of any and all Shellfish Grants shall be subject to all local, state and federal law and/or rules and regulations pertaining thereto.

4. The Board of Selectmen will consider applications for grants on a first come first serve basis, within the limitations of acceptable land and water space. The Board of Selectmen may order a moratorium on the issuing of grants any time it is deemed necessary and appropriate for the best interests of the Town.

5. Grants issued in Duxbury are intended to be on a trial basis. To start, grants may be issued for a three (3) year period with a compulsory two year review by the Selectmen. Grant holders may request , only after the compulsory review, a renewal of said grant up to the 3rd year. Renewal shall be subject to the approval of the Board of Selectmen. The Selectmen and the Shellfish Committee shall review each grant annually to insure a reasonable amount of shellfish has been planted and produced on the grant during the preceding year. A reasonable amount shall be that set forth by statutory requirements, section 65, Chapter 130 of the Massachusetts General Laws. If the grant holder has not complied with section 65, Ch. 130, MGL, the grant license may be forfeited.

6. Application forms shall be sent to the Board of Selectmen by Registered Mail - Return Receipt Requested.

7. Grants approved shall be subject to certification by the State Division of Marine Fisheries in compliance with Chapter 130 of Massachusetts General Laws.

8. An annual license fee of $25.00 per acre shall be paid by the Grant holder, payable, on or before October 20th of each year. If the fee is not paid within six months after it becomes due, the license shall be forfeited.

9. A grant holder may not have interest in more than one grant. For the purposes of this section, one Grant shall be the maximum acreage (singly or aggregate) allowed by law, that may be issued to an individual.

10. Moorings and ground tackle for rafts, floats or any other structure must be approved by the Harbormaster and the Corps of Engineers.

11. Shellfish may be rafted only in those areas so specified in the license. Shellfish rafting in areas outside the limit of any raft area shall be prohibited without written permission from the Harbormaster/Shellfish Constable.

12. It shall be unlawful for the Grant holder or agent to take seed shellfish from any waterways of the Town other than designated Grant area without written consent to do so from the Board of Selectmen and the Director of the Division of Marine Fisheries.

13. The Board of Selectmen shall review the Grant Report once each year as prescribed by MGL, Ch. 130, sec. 65. The Grant holder shall produce documents, if requested to do so by the Selectmen, showing shellfish purchases and sales slips.

14. The Harbormaster/Shellfish Constable and/or his assistants shall have the authority to enter and inspect any Grant area including the contents of any and all rafts, floats and other containers at anytime.

15. If at any time it becomes necessary to dredge and/or otherwise accomplish maintenance dredging on or within the vicinity of the Grant area to improve or maintain channels for navigation, the Grant holder will agree under terms of the permit not to obstruct said dredging plans and operations. The Grant holder will have 90 days notice prior to commencement of any dredging operation.

16. Before, during and after dredging operations are completed and if in the opinion of the Grant holder, the Harbormaster/Shellfish Constable and the state Marine Biologist, that bottom conditions are considered temporarily unsuitable for planting or maintaining shellfish, immediate and temporary permission for relocation of the Grant holder's stock shall be reviewed by the Board of Selectmen. In the event that shellfish need to be relocated under these conditions, they shall be relocated at the expense of the Grant holder. All foregoing regulations shall apply to any temporary placement of said shellfish.

17. When a Grant is discontinued or terminated for any reason, the permit holder is required within 60 days of Grant expiration date to remove all rafts, racks, floats, boxes, pens, boundary markers and equipment and any and all equipment not removed within 60 days may be recovered by the Town at the expense of the Grant holder.

18. The Grant holder is required to hold state permits to handle seed and propagate shellfish in compliance with MGL, Ch. 130. The Grant holder shall be required to comply with all rules and regulations governing shellfish and Grants as set forth by the Town of Duxbury and MGL, ch. 130, sec. 57 through 68A and MGL, Ch. 131, sec. 40, or other applicable law. Failure to comply shall be deemed cause to revoke the Grant permit.

20. After receiving an acceptable and complete Grant application, the Selectmen shall establish a date for a public hearing. Fifteen days or more prior to the public hearing, the Selectmen will notify the applicant of the time, date and place of hearing. The applicant will at this time notify all abutters within a radius of 700 feet from center of proposed Grant of the hearing date, time and place. He will do this by Registered Mail (Return Receipt Requested) which must be submitted at the hearing. At least 10 days prior to the hearing, the Selectmen will post in three separate public places a hearing notice and shall have it published in a newspaper with a local publication. All advertising costs shall be paid by the applicant.

21. Grants are permissible beyond 750' from mean high water. This requirement is not applicable in areas which are separated from the shore line or mean high water line by guzzles or channels containing water at mean low water. Applications cannot be approved if the area conflicts with existing laws. Prior to the issuance of the Grant Permit the applicant will be required to have the grant area surveyed by a registered engineer or a registered surveyor. A recorded plan defining the boundaries of the grant, together with a full specific description of the area shall be submitted. Upon completion of the plan, the applicant shall have the boundaries marked as prescribed by the Duxbury Grant Proceedings and/or to the satisfaction of the Harbormaster/Shellfish Constable.

22. The Board of Selectmen reserve the right to review the entire Grant system and may alter the rules and regulations at any time.

23. If the Shellfish Constable determines that there are concentrations of a natural set of mussel, scallop and/or razor in the Grant area, the Grant holder will be responsible by authorized means under the supervision of the Shellfish Constable or his assistant to relocate said mussel, scallop, and/or razor within a reasonable time as determined by the Shellfish Constable, any person holding a valid recreational permit or a commercial license for that particular species of shellfish (both as regulated/authorized by law) may enter upon this area only at times, and by authorized means as agreed upon by the Grant Holder and Shellfish Constable. Said access shall be under the supervision of the Shellfish Constable or his assistants. Failure to agree upon such a time or method of harvest will necessitate the Board of Selectmen upon recommendations of the Shellfish Advisory Committee, Shellfish Constable and the Massachusetts Division of Marine Fisheries, to designate a time and method of harvest if appropriate. Grantee's licensed to cultivate and propagate mussels, scallops, and/or razor shall be excluded from this rule.

24. The digging, taking and harvesting of shellfish on Sunday is prohibited on Grants from June 1 to September 1.

25. Shellfish being introduced into Duxbury waters for cultivation, other than those obtained or purchased from an aquaculture farm or that or a similar definition shall be cleared through the Shellfish Constable. These shellfish are subject to testing prior to introduction.

26. All shellfish are to be dug by hand without the assistance of power.

27.

SHELLFISH ADVISORY COMMITTEE BOARD OF SELECTMEN

Donald Beers

HARBORMASTER/SHELLFISH CONSTABLE

AMENDMENT: Inclusive of areas as described as (A) and (B) only (as described below).

2) Commercial Harvesting of softshell clams shall not take place on Wednesdays, Saturdays, and/or Sundays.

3) Shall run concurrent with bonus commercial softshell season unless sooner amended / revised / revoked, not to exceed March 1, 1996.

4) All bonus commercial Softshell Rules and Regulations shall be in full effect unless otherwise so stated within.

5) Not to be regarded as an annual event.

Area (A) to include all flats and beds north and west of a line drawn from Bumpus Wharf (King Caesar) to Maxwells Points to the closure line (approx. location) as delineated with orange stakes and signage across from Russell Road to Plumfield Lane. The mouth of the Bluefish River.

1. Obtain application, regulations and instructions from the Harbormaster/Shellfish Constable, his assistance or the Selectmen's office.

2. Obtain and familiarize yourself with Mass. General Laws, Ch. 130, sections 57 through 68A and Duxbury's Grant Regulations. All will be enforced strictly.

3. Determine area (s) for which you wish to make application.

Designate on a map.

Determine suitability for growing shellfish.

Determine ways and means to develop area.

Prepare a detailed plan and survey.

Applicants who do not include specific and detailed plans showing methods of

improvements and productivity to area will not be considered.

In selecting an area, make sure it hasn't been propagated by the Town within two years and is basically unproductive with shellfish.

B. Mooring areas

C. Navigable Channels

D. Public Swim Areas

E. Areas readily accessible to the general public for shellfish harvesting.

4. Mail application via registered mail to Board of Selectmen, 878 Tremont Street, Duxbury, MA 02002 with $10.00 check or money order for advertising and legal notice.

1. Stamp date and time of receipt.

2. Forward to the Harbormaster/Shellfish Constable.

1. Stamp date.

2. Record in Grant Log Book.

3. Set up file folder.

4. Determine completeness of application and plans.

5. Plot areas requested on chart.

6. Notify Division of Marine fisheries to establish date and time to survey site.

7. Prepare a report on site inspection with recommendations.

8. Obtain certified report from the Division of Marine Fisheries.

9. Establish time and date for public hearing with Selectmen.

Review Grant application and development plans.

1. Notify applicant of public hearing at least 14 days prior to hearing date.

Upon notification of hearing date and time, if required notify all abutters that own property within 700 foot radius of proposed grant site by certified mail. Receipt is to be submitted at public hearing.

1. Hold public hearing.

2. Approve or deny within 60 days of application.

3. Notify applicant or approval or denial.

Note: If approved, will be subject to the following conditions:

A. Compliance with all federal, state and local laws.

B. Harbormaster's permit for rafts and floats if required.

C. Approval of U.S. Army Corps of Engineers.

1. If required, file for float and raft permit.

2. Applicant Apply to U.S. Corps of Engineers, and the Conservation Commission or other as required.

5. Return above material to Harbormaster/Shellfish Constable.

1. Review application and approvals to insure that regulations are complied with.

2. Inspect grant site.

3. Send application with approval to Selectmen and issue permit.

Issue Permit - $25.00 license fee, to be paid annually on or before October 20th.

NAME OF APPLICANT:______________________________________________

Note: This processing sheet is to be completed in order and kept with application and development plan.

STEP PROCESSING AGENCY DATE RECOMMENDATION/

Selectmen: Annual Review (Grant Report)

Permit Fees Received

ABUTTERS' FORM

DEAR______________________________:

The purpose of this notice is to inform you that I am seeking approval from the

Selectmen of the Town of Duxbury for a Shellfish Grant within a distance of 700 feet from your property lines. Following you will find a brief description of my plans to operate the proposed grant, of material to be used and of the species of shellfish to be cultivated.

________________________________________________________________

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A map is enclosed which indicates the location of the proposed grant.

The Selectmen have scheduled a Public Hearing on this matter for:

DATE:_______________________________________

TIME:________________________________________

PLACE:_______________________________________

NAME______________________________________

ADDRESS___________________________________

SIGNATURE_________________________________

GRANT DEVELOPMENT PLAN

NOTE: being specific, detail your plans on the development of this one (1) acre grant site over a one, two or a three year period. Include materials used or any construction needed to carry out this proposed project. Keeping in mind Chapter 130, section 65 of the Massachusetts General Laws, specify the specie or species of shellfish, amounts and sizes intended to be introduced on the grant.

GRANT DEVELOPMENT PLAN (Please add pages for additional information)

SEND VIA REGISTERED MAIL TO:

Board of Selectmen

878 Tremont St.

Duxbury, MA 02332

SHELLFISH AQUACULTURE GRANT APPLICATION

(Please Print)

Name of Applicant:___________________________________________________

Last First Middle

Mailing Address:______________________________________________________

Telephone Number:_______________________

Notice: Before submitting this application it is very important that you read the

procedures and terms involving the development of a shellfish grant.

1. Primary grant area requested:_________________________________________

2. Secondary grant area requested:_______________________________________

Development Plan: Describe on attached form in detail your plans for development of this one acre grant site over a one, two and three year period. Being specific, include method of cultivation and propagation, construction material, number of racks, their size, the species of shellfish, the amounts and sizes intended to be introduced. These plans must be completed to the satisfaction of the Shellfish Officer and the Shellfish Advisory Committee in order to be considered for approval. The approving authority reserves the right to require additional information.

Signature:_______________________________

Date:___________________________________

NOTE: Upon approval of this application, the applicant will be required to comply with the established Regulations and Laws relating to Shellfish Grants. The Town of Duxbury

assumes no responsibility or liability for loss of any kind, for any reason.