In compliance with Chapter 122, Taking of Shellfish, § 122-16, of the Code of the Town of Nantucket, the Shellfish Warden as designated by the Select Board is the primary enforcement personnel. The Select Board shall assign any other personnel or deputies as it sees fit for shellfish enforcement.
Recreational and commercial violations and the associated penalties are listed in the tables below. Any penalty may be appealed to the Select Board within 30 days of issuance.
Penalties must be paid in full with a receipt provided to the Natural Resources Department.
All confiscated catch will be documented and photographed before putting unlawful shellfish back into the water by the Shellfish Warden (MGL c. 130, § 12).
Suspension applies to open fishing days only.
Violation
1st Offense
2nd Offense
3rd Offense
Final Offense
No Town license on record
$125*, loss of catch and cessation of shellfishing for the day
$250, loss of catch and cessation of shellfishing for the day
$500, loss of catch and cessation of shellfishing for the day
$1,000, loss of catch and cessation of shellfishing for the day
Refusal of inspection
$250
$500
$1,000
$1,000 and loss of license
Over limit for the day/week
$125* (loss of catch)
$250 (loss of catch)
$500 (loss of catch)
$1,000 (loss of catch)
Shellfishing in closed areas
$125*
$250
$500
$1,000
Taking of undersized shellfish
$125* (loss of catch)
$250 (loss of catch)
$500 (loss of catch)
$1,000 (loss of catch)
Taking shellfish on closed days/hours
$125* (loss of catch)
$250 (loss of catch)
$500 (loss of catch)
$1,000 (loss of catch)
Taking shellfish out of season
$125* (loss of catch)
$250 (loss of catch)
$500 (loss of catch)
$1,000 (loss of catch)
Taking of shellfish using unapproved methods
$125* (loss of catch)
$250 (loss of catch)
$500 (loss of catch)
$1,000 (loss of catch)
No pin displayed
$25*, loss of catch and cessation of shellfishing for the day
$50, loss of catch and cessation of shellfishing for the day
$75, loss of catch and cessation of shellfishing for the day
$100, loss of catch and cessation of shellfishing for the day
No dive flag displayed
$25* (cessation of shellfishing for the day)
$50 (cessation of shellfishing for the day)
$75 (cessation of shellfishing for the day)
$100 (cessation of shellfishing for the day)
Shipping live shellfish off-island without permission for purposes other than consumption (i.e., broodstock or propagation)
$25,000 and not eligible for future Town shellfish permits
$25,000 and not eligible for future Town shellfish permits
$25,000 and not eligible for future Town shellfish permits
$25,000 and not eligible for future Town shellfish permits
*
A verbal warning may be given for the first offense at the discretion of the Shellfish Warden.
Violation
1st Offense
2nd Offense
3rd Offense
4th Offense
Refusal of inspection
10 days off and confiscate catch
30 days off and confiscate catch
60 days off and confiscate catch
1 year off and confiscate catch
Seed >5% and undersized shellfish
1 day off and confiscate catch
*1st offense in subsequent years = 5 days off
10 days off and confiscate catch
30 days off and confiscate catch
1 year off and confiscate catch, re-apprentice, and can't purchase license until suspension is up
Red flag fishing
1 day off and confiscate catch
10 days off and confiscate catch
30 days off and confiscate catch
1 year off and confiscate catch, re-apprentice, and can't purchase license until suspension is up
Taking of shellfish using unapproved methods
1 day off and confiscate catch
10 days off and confiscate catch
30 days off and confiscate catch
1 year off and confiscate catch
Fishing on suspended license
10 days off and confiscate catch
30 days off and confiscate catch
60 days off and confiscate catch
1 year off and confiscate catch
Shellfishing in closed areas
1 day off and confiscate catch
10 days off and confiscate catch
30 days off and confiscate catch
1 year off and confiscate catch
Taking shellfish on closed days/hours
1 day off and confiscate catch
10 days off and confiscate catch
30 days off and confiscate catch
1 year off and confiscate catch
Poaching (from aquaculture lease)
Subject to criminal penalties and fines
Subject to criminal penalties and fines
Subject to criminal penalties and fines
Subject to criminal penalties and fines
Lack of proper permits
Confiscate catch and $50 fine
Confiscate catch and $150 fine
Confiscate catch, $300 fine and 10 days off
Confiscate catch, lose active permit for 30 days and $1,000 fine
Greater than 5% by-catch
Confiscate catch and $50 fine
Confiscate catch and $150 fine
Confiscate catch and $300 fine/and 10 days off
Confiscate catch, lose active permit for 30 days and $1,000 fine
Taking shellfish out of season
Confiscate by-catch and $50 fine
Confiscate catch and $150 fine
Confiscate catch, $300 fine and 10 days off
Confiscate catch, lose active permit for 30 days and $1,000 fine
No permit for saleable by-catch
Confiscate by-catch and $50 fine
Confiscate by-catch and $150 fine
Confiscate by-catch, $300 fine and 10 days off
Confiscate catch, lose active permit for 30 days and $1,000 fine
Over daily bushel limit (extra box or partial box)
Confiscate catch and $50 fine
Confiscate catch and $150 fine
Confiscate catch and $300 fine
Confiscate catch, lose active permit for 30 days and $1,000 fine
Tags on boxes
Confiscate by-catch and $50 fine
Confiscate catch and $150 fine
Confiscate catch, $300 fine and 10 days off
Confiscate catch, lose active permit for 30 days and $1,000 fine
Shipping live shellfish off-island for purposes other than consumption (i.e., broodstock or propagation)
$25,000 and not eligible for future Town shellfish permits
$25,000 and not eligible for future Town shellfish permits
$25,000 and not eligible for future Town shellfish permits
$25,000 and not eligible for future Town shellfish permits
Fish early/late
1 day off*
5 days off
10 days off
30 days off
Failure to submit monthly catch report
1 day off*
5 days off
10 days off
30 days off
Dredges in excess of 35 pounds
$50 fine*
$150 fine
$300 fine
$500 fine
Exceeding bushel limit when picking up a culler
$50 fine*
$150 fine
$300 fine
$500 fine
Mounding
Confiscation of extras and $50 fine*
Confiscation of extras and $100 fine
Confiscation of extras and 1 day off
Confiscation of extras and 5 days off
Broken/Altered bushel boxes
$50 fine*
$100 fine
1 day off
5 days off
No dive flag displayed
$50 fine*
$100 fine
1 day off
5 days off
*
A verbal warning may be given for the first offense at the discretion of the Shellfish Warden.