Town, tribe split on shellfishing regs
The
"They are rights that the tribe has exercised prior to the founding of
Federal court rulings have affirmed exclusive tribal rights to hunt, fish and forage both on and off Indian reservations. The most notable case involving a member of the
In 1999, the Supreme Judicial Court unanimously upheld Wampanoag shellfishing rights after two tribal fishermen had been found in violation of
But past tensions over tribal rights and local regulations could bubble up again. According to
"The state has told us they want these laws enforced," York said. "They want us to enforce key regulations, such as fishing in areas that are designated as contaminated areas by the state
York said the violation would likely end up in court.
But such cases are hypothetical, York said, as tribal citizens generally follow the town's regulations, despite the fact they need not follow them. But there are a number of overlapping state and town regulations, and local officials have the task of ensuring state regulations that protect public health and work to preserve natural resources are obeyed, he said.
"We recognize and respect the tribe's aboriginal rights," York said. "We've even written it into our regulations."
Even though the town exempts the tribe from its shellfishing regulations, doing so puts them at risk of not meeting their water quality goals, Gottlieb said. The town is allotted less than
"But (the plan) is reliant upon adherence to the Mashpee shellfish regulations, which ensure that the seeded shellfish mature to the legal size," Gottlieb said.
As part of the plan, officials are looking to grow some 10 million quahogs in waters off
The hardshell clams feed off nitrogen, which act as fertilizer for harmful algae that plague waters and degrade water quality across the region.
"(Shellfish) consume nitrogen by consuming the plants that depend on nitrogen," said Gottlieb, who is also the executive director of the Association to Preserve
Mashpee's comprehensive water quality management plan relies on seeding some 20 million quahogs and oysters in a predator-free environment to allow for several years of undisturbed growth, Gottlieb said. Once the shellfish reach maturity, the town issues family and commercial permits to fishermen who harvest the creatures, which also removes the nitrogen, he said.
"We have an extensive water quality program that is supported and shared with
There are only 10 tribal fishermen who regularly fish in Mashpee waters, Green said. He said he felt like the shellfishing discussion at the joint meeting earlier this month got "sidetracked with skewed figures and bad data."
"If we look at this and think that tribal fishermen are going to ruin the resource, in my mind that's ridiculous," he said.
Family and senior shellfishing permits, which the town issues to residents, expire at the end of the month. This past year, the town gave out 1,174 permits, according to town records.
-- Follow Tanner Stening on Twitter: @tsteningCCT.
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