Waterford Shellfish Commission Shellfish Resource Management Plan (PDF)

FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
“Town of Waterford
Shellfish Commission
Shellfish Resource Management Plan
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ASay WATERFORD, CT 06385-2886
FIFTEEN ROPE FERRY ROAD &
“Town of Waterford
Shellfish Commission
Shellfish Resource Management Plan
" Under Connecticut General Statute, Section 26-257a, the local shellfish
commission shall prepare and periodically update a Shellfish
Management Plan. :
Approved by the Waterford Shellfish Commission October 4, 2005

Town of Waterford
Shellfish Commission
Shellfish Resource Management Plan
Page |
Jurisdiction and Authorities
Shellfish Commission
5.6.2 — There shall be a Waterford Shellfish Commission with the powers and duties
prescribeil by Chapter 492 of the General Statutes and as provided by town ordinance
(Amended -12-3-98: adopted 11-4-86, effective 12-4-86-
*Note: Section 5.6.2 re: the Waterford Shellfish Commission grants to that commission
the powers and duties prescribed in chapter 492, section 26-257a. Chapter 492, in which
is contained Section 26-2574, is the Genéral Municipal Shellfish Commission Enabling
act. The current language in the Charter could be construed to limit the commission’s
authority to just Section 26-257a. It is recommended that the Charter reference Chapter
4972. :
Waterford Shellfish Commission
Sections: Established
Membership — Appointment — Requirements
Terms of Members
Removal for cause — Notice and Review
Vacancy filling .
Officers ~ Meetings - Records
“Jurisdiction and powers -
_ Annual Report :
2,80.010 Established
The Town, recognizing the potential value of its shellfish resource, establishes a shellfish
comtuission, whose purpose will be to protect, manage and enhance that resource (Prior
code 2-20,1 (a)
. 2,80.020 Membership — Appointment - Requirements
_ Pursuant.to Section-26-257a of the Connecticut General Statutes Annotated, as amended,
"there shall be, and. is created in the town, a shellfish commission, the merabers all of
which shall be appointéd.by the board of selectmen. All members must be electors and
residents of the town. The commission shall consist of seven regular and thres alternate
members. (R.TM: 2-1-93 (part): prior code 2-20.1 (b)

Town of Waterford
Shellfish Commission
Shellfish Resource Management Plan
Page 2
2.80,030 Ternis and members
Initially, the board of selectmen shall appoint regular members as follows: two members
to serve for two years, three members to serve for three years, and two members to serve
for four years. Thereafter, the terms shail be for four years. Alternates are to serve for a
term of two years, Such alternate members shall when seated have all the powers and
- duties set forth in said general statutes relating to the shellfish commission and its
members. Members of the commission shall serve without compensation but shall be
entitled to reimbursement for necessary expenses incurred in the performance of official
. duties, (R.T.M, 2-1-93 (part) prior code 2-20.1 (c))
2,80.040 Removal for cause — Notice and Review
The Board of Selectman shall not remove a member of the commission except for good
cause and upon written notice. The removed member has the right to request a public
hearing, in writing, within thirty days for a review of that decision. Such hearing shall be
held-within thirty-days for a review of that decision. Such hearing shall be held within
thirty days after receipt of the. request. Crior code 42-20,1 @)
. 2.80, 050 Vacancy Filling
Any vacancy in the mombership of the commission shall be filled for the unexpired term
of such member by the board of selectmen. (Prior code 2-20.1 (e))
280.060 Officers —— Meetings - Records
The members of the shellfish commission shall designate one of their members to be
; chairperson and one to be secretary of said commission. Regular meetings of the
commission shall be held at such times at the call of the chairperson. The commission
shall hold at least six meetings annually. Three members of the commission shall
‘constitute.a quorum for the transaction of business. The commission shall keep accurate
minutes and tecords of its proceedings ‘and official actions, showing the vote of each
member upon any question, or the.absence or failure of any such member to vote. Prior
code 2-20, I (®) .

Town of Waterford
Shellfish Commission .
Shellfish Resource Management Plan
Page 3
2,868,070 Jurisdiction and Powers
The shellfish commission of the town shall have charge of all the shellfisheries and
stiellfish grounds lying within the jurisdiction of the Town of Waterford, not already
granted to others, not-under the jurisdiction of the commissioner of agriculture, including
all rivers, inland waters-and flats adjacent to all beaches and waters within the limits and
matine bounds of said town. The commission may issue licenses for the taking of such
shellfish there from and ‘fix the fees therefore, and may designate the quantities of such
shellfish to be takén, the sizes of such sheltfish and the methods of taking. The
Commission may prohibit the taking:of such shellfish from certain designated areas for
periods not in excess of ons year. Said commission shall further have the power of
creating a shellfish management plan and:may issue reasonable rules and regulations in
furtherance of the protection and propagation of tlie shellfish under their control and of
the shellfish grounds within its jurisdiction. The commission may recommend to the
Board of Selectman, but shall not have the authority to lease or grant any town lands
under their jurisdiction, Ail money collected by the commission and pursuant to the
Connecticut General Statutes Annotated, shall be paid to the commission and used by the
commission for the protection and propagation of the shellfish grounds. All money
provided to the commission by the town through the budgetary process shall be requested
front aud approved by the Board of Selectmen. :
The Commission shall have the power to appoint enforcement officers to supervise the
tieds and enforce the regulations issued by the commission and authorized by the ,
Connecticut General Statutes Annotated. The Commission may further set penalties for
- yidlation Of its regulations subject to the restrictions therein as provided in Section 26-
257 of the Connecticut General Statutes Annotated. -The Commission shall have the
power fo adopt, atnend and repeal rules aud regulations governing its procedures and
‘exercise of its powers and duties. The commission may call upon any other department
of the town government in projects of mutual interest. (Prior code 2-20.1 (g))
2.80.030 Annual Report
The Commission shal! make an annual report to the Board of Selectmen, detailing its
financial records and accomplishments, for inclusion in the town annual report. It shall
submit such other reports as may be requested from time to time by the Board of
Selectmen. (Prior code 2-20.1 (h))

Town of Waterford
Shellfish Commission
Shellfish Resource Management Plan
Page 4
Description of Waterford Shelifishing Areas C & G
Deseription of the conditionally approved areas to be closed are contingent upon the
occurence of specific events, .
Area C (Niantic Bay — Jordan Cove), Waterford: All tidal waters in Waterford enclosed
by a line commencing from the shellfish demarcation sign located on the shoreline 500
feet west of the outlet to Goshen Cove near Goshen point south-southwest to the
riavigational horn at Bartlett Reef, thence south to the New York-Connecticut-mid Long ~
Island Sound State boundary line, thence west along the New York-Connecticut state
boundary line to its intersection with the East Lyme-Waterford town boundary line,
thence north along that East Lyme-Waterford town boundary line to White Rock, thence
continuing north toward the middle of the Niantic River at the Amtrak Railroad bridge to
the shellfish demarcation sign located on the southern shore of the point of land on the
eastern shore of Niantic Bay in Waterford, exclusive of the Millstone Point, Millstone
Pond, Cranberry Pond and Upper Jordan Cove Prohibited areas, the Bay Point, Fox
_ Island Lagoon, Millstone Pond-Milistong Point, Inner Jordan Cove and Dock Road tidal
cteek Restricted-Relay areas and the Outer Jordan Cove Conditionally Approved Area
§C_ The exclusion zone of Area “C” is approximately 25.47 acres. There is an
agreement from the Coast Guard that allows us access to this area if we notify the shift
~ supervisor and follow their strict guidelines as follows:
A Reason for etitering the zone
2, The number of people entering the zone.
3. Description of the vessel enteting the.zone, if any, with hull number
4, length of stay _ .
“5, A contact number
6. A list of equipment that may be placed within the zone,
Amended: 11-28-03 (see attached map) : :
Area “G” (Outer Jordan Cove), Waterford: That area of Outer Jordan Cove enclosed by a
fine commencing from a shellfish demarcation sign located on the southern extremity of
the stone jetty located at the southern extremity of the point of land on Windwacd Way
near the western outlet of Jordan Cove, thence south approximately 350 yards to the
‘orange shellfish demarcation buoy, thence southeasterly to the shellfish demarcation sign
- ‘atthe DEP boat launch ramp at Pleasure Beach, exclusive of the Inner Jordan Cove and
: Dock Road tidal creek (Clam Pond Creek) Restricted relay areas and the Upper Jordan
-’ Cove Prohibited area. (See attached map) ; :


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_ Town of Waterford
Shelffish Commission .
Shellfish Resource Management Pl:
PageS
‘The Thames River, north of the south line dividing Waterford and New London, on the
west it is the shoreline, on the north it is the south of the Waterford/Montville Town line
and the east is the middle of the Thames River minus the jurisdiction of the Navy Base
that is near the middle of the Thames River. Refer to map of the Thames River (see
attached map). In the Thames River there is approximately 407 acres of bottom, land.
“There was a voluntary exclusion moratorium on the Thames River where the location of
the.under river water thain was determined, It is now being installed in Montville waters.
We are in the process of negotiating with the Coast Guard and the Navy regarding access
_ tothe'river.
Enforcement
Shellfish Commission Warden comes from an agreement with the East Lyme/Waterford
Shellfish Commission at an hourly rate of $25.00 per hour for warden, car and boat use.
The duties of the warden are to etisure that everyone shellfishing in the Waterford waters
has obtained the proper permits to do so. The warden collects all the required water
samples and delivers the water samples to thé State Laboratory in Hartford. The warden
works in conjunction with the local policé department, CT. DEP Marine Enforcement
Division, as appropriate. : :
Director of Health is the signatory to the Memorandum of Understanding with ‘the State
of Connecticut Department of Agriculture, Bureau of Aquaculture, which dictates the
terms and conditions under which shellfish harvest can occur in town waters. The
Director of Health is responsible for oversight of the MOU as well as for abating sources
of pollution identified in shoreline sanitary surveys. A sanitary survey consists ofa
shoréline survey to identify and assess potential pollution sources and to suggest
corrective action where necessary. Sanitary surveys ate required for all shellfish growing
area classifications, with the exception of prohibited areas.
Department of Environmental Protection (DEP) conducts marine patrols throughout the
coastal waters of Connecticut. While the main intent of these patrols is enforcement of
boating regulations and promoting boating safety, obvious shellfishing infractions (eg,
harvesting shellfish in prohibited areas) are enforced. : :

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Town of Waterford
Shellfish Commission :
Shellfish Resource Management Plan -
‘Page 6 ,
Department of Agricufture, Bureau of aquaculture (DA/BA) is the statewide authority
and regulatory body with jurisdiction over all commercial shellfishing activities in the
state. While the Bureau of Aquaculture does not regulate recreational shellfishing
activities, it is responsible for classifying the waters of the state regarding their
availability and suitability for both recreational and commercial shellfish harvesting. As
such, these classifications designate those waters where recreational shellfishing in an
allowable activity. Shellfish harvesting is further regulated by the US Food and Drug
.Admjnistration (USED A) National Shellfish Sanitation Program that provides national
-~ guidance'to states, such as Connecticut, which conducts sales of shellfish on an interstate
Basis.
Future Goals - The Waterford Shellfish Commission is looking forward to receipt of seed
clams and oysters in cages for the purpose of placing them in Jordan Cove for
recreational shellfishing where there is no eel grass. The seed clams and oysters take
_ several years to mature, This is a new endeavor for the Waterford Shellfish Commission
- and hopefully we will be able to harvest these clams and oysters in the future, The clams
and oysters as well as the cages are donated by Noank Aquaculture. This year, the
Commisson was not able to broadcast clams or oysters in the shellfishing areas because
they were not available from the commercial shellfish growers.
The Commission is also looking into leasing additional bottom land. Restocking of the
current shellfishing areas will continue. The Waterford Shellfish Commission hopes to
keep the revenues from the sale of all permits with the approval of this memorandum.
The Commission also has a line item in the Town of Waterford budget and receives
‘money for expenditures throughout the fiscal year.
_ Operational Guidelines for the Waterford Shellfish Cornmission are in accordance with
the State of Connecticut Department of Agriculture - 2002 Annual Assessment of
' Shellfish Growing ateas for the Town of Waterford .
Attachment #1 to the 2001 Waterford Report — State of Connecticut Department of
Agriculture, Bureau of aquaculture ~ New Classifications of shelifish growing waters-
Waterford and Niantic River in Hast Lyme.
Effective date - May 1, 1998
Amended date — June 7, 1999
Amended date — May 4, 2001
Attachment #2 to the 2002 Waterford Report — Seawater monitoring stations. -
Revised November 28, 2003

~ Town of Waterford
Shelifish Commission
‘Shellfish Resource Management Plan
Page 7 : .
Attachment #3 to the 2002 Waterford Report — Status report of the 2000 DA/BA
Shoreline survey of the Waterford coastline.
Dated July 23, 2003
Attachment #4 to the 2002 Waterford Annual Assessment - Memorandum of
Understanding for the operation of conditionally approved areas “C” and “G” in
Waterford: ; ;
Renewed September 27, 2002
Amended November 28, 2003 ~
Attachment #5 to the 2002 Waterford Report — State of Connecticut Department of
Agriculture, Bureau-of Aquaculture (DA/BA) — Amended classification of Shellfish
Growing waters — Waterford and Niantic River in East Lyme. .
Effective date — May 4, 2001
Amended date~ May 4, 2001
Amended date - November 28, 2003
Attachment #6 to the 2002 Waterford Annual Assessment — State of Connecticut
Department of Agriculture, Bureau of Aquaculture (DA/BA) — Management plan for the
Waterford conditionally restricted relay areas.
Renewed April 15, 2002
Amended November 28, 2003
State of Connecticut Department of Agriculture Bureau of Aquaculture and Laboratory
Re: Revised closure notice and key for conditionally approved areas in Waterford.
_ Leased Areas ©
- ‘The Commission has three commercial leases. One is with Allan Jacques, Niantic Bay
Scallop Co., the leased area is located in Jordati Cove, the second is with John
Wadsworth, Niantic Bay Shellfish LLC., located in Niantic Bay, and the third lease is
Thomas Jatinke, Ram Island Oyster Co. located in the Thames River. 
:
Aeros Cultured Oyster Company has a co-manage agreement with the Town of
Waterford Shellfish Commission in the Mamacoke Cove area of the Thames River. They
_ have relayed hard clams to recreational shellfish areas in Waterford in the 2000-2001
period. They have had a BA/DA relay license for this ground since 2000, According to
Aéros; thoy have harvested approximately 400 bushels of hard clams from this area from
2000 ~ 2003. - : .

Waterford Shellfish Commission
Shellfish Management Plan
_- Page 8°
The commission is having discussions with the environmental department of the Navy
Submarine Base in New London concerning the removal of piers, dredging the birthing
area and-construeting and filling new cads cell-disposal site in the Thames River to
determine its impact on shellfish growing areas. We have a copy of the environmental
proposal for this project.
Please note on the permits, the white sheet goes to the permit tee and the yellow sheet
goes to the Commission. The security zones are depicted on the maps attached to the
permits, . : :
Commission Members -
William Steinmiller, Chaitman
Joyce Meehan, Secretary
. Terry Simmons, Treasurer
Acthur Maddalena
Tony Siederewicz
Richard Jones
Doug Lawson
Richard Muckle
Richard Miller, Alternate

Regulations for Shelifishing in Jordan Cove
No person shall harvest or remove clams, mussels or oysters from
the waters of Waterford (exclusive of the Niantic River, regulated by
the Waterford-East Lyme Shellfish Commission) without a valid per-
mit issued by the Waterford Shellfish Commission. This permit
must be in your possession while shellfishing.
No person over the age of sixteen shall harvest shelifish without a
permit. Children sixteen years old and younger may shellfish while
with a parent or guardian who has a valid permit. The child’s harvest
will be included within the parent or guardian’s fimit.
The daily limit of shelifish (clams, mussels and oysters) is one peck
(two gallons; less than haif of a 5 gallon bucket) for all types com-
bined.
No person shall harvest from the waters of Waterford, or have in
his/her possession: soft shell clams which are less than 1 1/2” in
length; hard-shell clams which are less than 1” in thickness, or will
pass through a ring of 1 1/2” internal diameter; or razor clams which
are less than 4” in length. Violation will result in a $70 fine per clam,
No rake, tongs or other device used for taking shelifish shall have
spaces or openings between the teeth or prongs of less than 1”.
Under no circumstances is the use of a hoe, dredge or similar device
permitted for taking shellfish in Waterford.
Shelifishing will be allowed only between Sunrise and Sunset.
Possession of 2 permit does not allow the holder to take shelifish in
areas that have been leased, posted as being temporarily or
" permanently closed, or regulated by other commissions (see map).
All state laws pertaining to shelifishing, not covered by the Waterford
Shellfish Commission regulations, will apply and will be enforced. Any
person who violates any provision of these regulations shall be fined
not more than two hundred dollars ($200.00) upon conviction, or im-
prisoned for not more than ten (10) days, or both. Further, the sheil-
fishing permit of such person shall be revoked.
The purchaser of a shelifishing permit assumes the risk of limited ac-
cess to the open areas. The areas will be closed during rainstorms,
and for at least seven (7) days after a 1” rainfall. Permit fees will not
be refunded for any reason.
Agent and Location of Permit Sale:
Waterford Shellfish Commission
Recreational Shellfishing Permit
This permit allows the permittee to collect shellfish from the beaches and
waters of certain areas of Waterford, CT. A description of these areas, the
conditions under which they are open for shelifishing, and regulations
concerning size limits, catch limits and harvest methods are included as
part of this permit. Please read them!
Name (please print):
Address:
Date of Birth:
ID Nurnber (S.S., Driver's License):
Signature of Permittee: , at,
Authorizing Signature:
the following)
* Pennits Seasonal Monthly Weekly Daily
Resident $30.00 $20.00 $10,00 $5.00
Non-Resident $40.00 $25.00 $15.00 $8.00
60 Years & Older $10.00
Non-Resident
60 Years & Older $20.00
Period Defined 1 Year 30 days 7 days 24 hour period

Waterford Shellfish Permits for Sale
Seasonal, Monthly, Weekly, and/or Daily
Permits on sale at:
Captain John’s Sport Fishing Center, (Mago Point) Waterford
Riverside Grocery, (Pleasure Beach) Shore Rd. Waterford
Town Clerk's Office, Waterford Town Hall
1
Permits must be obtained prior to shellfishing in Waterford