Recreational and commercial shellfishing may occur in any area
within the Town of Nantucket's waters, unless posted as closed by
the Commonwealth of Massachusetts or Town of Nantucket.
No permit holder shall take shellfish or other marine organisms
in excess of the daily limit. (See individual species per permit type.)
No shellfish shall be brought ashore except in their shells.
Permit holders shall be able to take shellfish from the waters
of the Town by allowed methods from 1/2 hour before sunrise to 1/2
hour before sunset unless otherwise specified in these regulations.
Closures of the shellfishery shall apply to both recreational
and commercial fisheries and shall be noted by red flags as posted
by the Shellfish Warden. The red flag will be raised at the Town Pier
(located at 34 Washington Street) and Jackson's Landing in Madaket.
Other closure events for water quality or habitat preservation shall
be posted by the Shellfish Warden at the specific site of the closure.
All closures will be posted at the Town Pier, Natural Resources Office,
and on the Natural Resources Department webpage. Closures may be related
(but not limited) to temperature or shellfish strandings.
No shellfishing shall be carried on when the air temperature
is below 28° F. (2° C.), as determined by the Shellfish Warden;
areas licensed for aquaculture are exempt from this regulation. A
red flag will be raised at the Town Pier (located at 34 Washington
Street) and Jackson's Landing in Madaket. Vessels are required to
return to shore and land shellfish if the temperature dips below 28°
F.
No commercial or recreational shellfishing may occur in areas
deemed "habitat sensitive" and which have a posted closure by the
Select Board or its designee.
No taking of bay scallops, either recreational or commercial,
shall be carried on during a red flag stranding event as determined
by the Shellfish Constable.
Any unauthorized person who poaches or otherwise disturbs any
shellfish in any amount or in any location shall be subject to criminal
penalties and potential civil penalties. (See MGL c. 130.)
No person other than the license holder or its designee shall
inspect, disturb or handle any shellfish or gear within the marked
leased or closed area.
All persons harvesting, carrying away, or otherwise having in
their possession shellfish or marine organisms of any kind, in a boat,
container, shanty, or vehicle, shall exhibit all such shellfish for
inspection by the Shellfish Wardens, police officers or any other
duly authorized agents.
An individual or entity must file a state scientific permit,
state propagation permit, or aquaculture license with the Natural
Resources Department if planning on possessing seed shellfish for
any reason. A violation of this regulation shall exist if the total
catch contains more than 5% seed shellfish.
The taking of any shellfish from the waters of the Town of Nantucket
shall be limited to hands, dipnets, rakes and tongs, unless otherwise
noted within these regulations.
All persons taking shellfish using SCUBA or snorkeling shall
be required to display a dive flag for each individual in the water.
The flag must be within 100 feet of the diver. Recreational divers
and snorkelers must have a pin on their person.
No by-catch of any species in excess of 5% of the licensed targeted
shellfishery shall be allowed for commercial purposes. Any by-catch
that is less than 5% of the total catch must be in season according
to the Division of Marine Fisheries and the Town of Nantucket. If
allowable by-catch is to be sold commercially, that person must have
a commercial license for that species.