MASHPEE — The Massachusetts Court of Appeals has ruled in favor of a Mashpee oyster farmer whose proposed Popponesset Bay oyster farm has been continually challenged by neighboring homeowners.
The court ruled Tuesday that both the Mashpee Board of Selectmen and the town's Conservation Commission properly approved Richard Cook's application for a 1.9-acre shellfish grant. A group of neighbors whose homes overlook the bay challenged each board's ruling in separate court cases, which were decided in the same ruling by a three-judge Appeals Court panel.
The court stated the homeowners' claim that the Cape Cod Commission must review the project because it is a commercial development was incorrect. The commission's regulations include neither agriculture nor aquaculture in its definitions of a commercial project, the court stated.
The Appeals Court also found myriad other issues raised by the homeowners to be without merit, including claims that Cook had failed to adequately address the safety concerns of his gear potentially washing away in a storm and that the Conservation Commission reached its decision without enough deliberation or consideration.
Read the full story at Cape Cod Online>>
National Fisherman Live: 3/10/15
In this episode, Online Editor Leslie Taylor talks with Mike McLouglin, vice president of Dunlop Industrial and Protective Footwear.
National Fisherman Live: 2/24/15
In this episode:
March date set for disaster aid dispersal
Oregon LNG project could disrupt fishing
NOAA tweaks gear marking requirement
N.C. launches first commercial/recreational dock
Spiny lobster traps limits not well received
Today Sen. Lisa Murkowski (R-AK) introduced legislation to extend a permanent exemption for incidental runoff from small commercial fishing boats.
The National Working Waterfront Network is now accepting abstracts and session proposals for the next National Working Waterfronts & Waterways Symposium, taking place Nov. 16-19 in Tampa, Fla. The deadline is Tax Day, April 15.Read more...