These regulations are made by the Town Manager of the Town of Barnstable, under the authority of General Laws, Chapter 130, and the Charter of the Town of Barnstable. These regulations shall supersede any former shellfish regulations and shall continue in force until rescinded or replaced by the Town Manager, or until the authority to make and enforce shellfish regulations has been repealed.
These regulations are subject to change from time to time and said changes will be posted at the Town Clerk's Office bulletin board, the Natural Resources Office (1189 Phinney's Lane, Centerville, MA), and Natural Resources bulletin boards located at Town landings commonly used for shellfishing.
As used in this chapter, the following terms shall have the meanings indicated:
- APPRENTICE COMMERCIAL SHELLFISHING PERMIT
- Granted under the authority of the Town Manager or Shellfish Constable to a resident child under the age of 16 for the purpose of assisting a sponsor Town of Barnstable commercial shellfish permit holder.
- All shellfish in each separate container.
- Except as otherwise noted, the quantity contained in a tote basket measuring 2,746 cubic inches in volume. Shellfish shall be level with the top of said tote basket.
- CALENDAR WEEK
- Seven full days beginning on any Sunday and ending on the following Saturday.
- COMMERCIAL FISHERMAN
- Any person who sells or offers for sale, shellfish, sea worms or eels, for cash or other consideration.
- COMMERCIAL SHELLFISH PERMIT, TOWN OF BARNSTABLE
- Granted under the authority of the Town Manager, for the taking of shellfish for sale or other consideration.
- COMMONWEALTH OF MASSACHUSETTS COMMERCIAL SHELLFISHING PERMIT
- A permit issued by the Division of Marine Fisheries and defined in General Laws, Chapter 130, § 80.
- Those species of whelk known as Busycon carica (knobbed whelk) and Busycotypus canaliculatus (channeled whelk).
- To sort and measure shellfish; separate seed from adult stock and replant seed.
- That place where (a person) has his true, fixed and permanent home and principal establishment, and to which whenever he is absent he has the intention of returning (Black's Law Dictionary, revised 4th ed.).
- All those persons of the immediate family (husband, wife and any unmarried children and grandchildren under the age of 18) domiciled and living under the same roof.
- To catch, dig, take or attempt to catch, dig or take any fish, shellfish or bait.
- HINGE WIDTH
- The distance between the convex apex of the right shell and the convex apex of the left shell.
- HYDRAULIC METHOD
- The taking or attempt to take shellfish by means of water pressure pumped through a single pipe (wand), manifold or other device approved by Natural Resources, said pressure being supplied by a mechanical pump. The hydraulic method includes the raking or collection of shellfish dislodged from the bottom via said water pressure.
- LAND or LANDING
- To transfer the catch of fish or shellfish from any vessel to any other vessel or from the waters, flats or any vessel onto any land, pier, wharf, dock or other artificial structure.
- The Town Manager of the Town of Barnstable.
- MASTER PERMIT
- A permit allowing the commercial harvest of scallops, clams, mussels and eels.
- The quantity contained in a standard metal wire peck basket,
level with the top of said peck basket. Said quantity shall not exceed
10 quarts (672 cubic inches) dry measure. The said peck basket shall
be the only authorized container allowed to recreationally harvest
and contain shellfish.[Amended 9-21-2004]
- RECREATIONAL PERMIT
- A permit granted under the authority of the Town Manager for the taking of shellfish for noncommercial domestic use only.
- Resident real estate taxpayers, year-round tenants, nonseasonal tenants (six months or more of the calendar year) of residential dwellings located within the Town of Barnstable.
- PROOF OF RESIDENCY
- Current real estate tax bill, nonseasonal lease or, valid Massachusetts operator's license, or any other ID issued by the Massachusetts Registry of Motor Vehicles, in combination with Massachusetts motor vehicle registration, both listing a residential dwelling within the Town of Barnstable. The address of a post office box is not acceptable as proof of residency.
- SEED CLAM
- Soft shell clams measuring less than two inches in the longest diameter.
- SEED OYSTER
- Oyster measuring less than three inches in the longest diameter.
- SEED BAY SCALLOP
- Bay scallops which do not have a well-defined raised annual growth line on the shell.
- SEED QUAHOG
- Quahog measuring less than one inch shell thickness (hinge width).
- Includes, but not limited to, clams, quahogs, mussels, oysters, scallops, razor clams or razor fish, sea clams, sea scallops, sea quahogs, conchs and whelks
- TOTE BASKET
- The quantity contained in a tote basket measuring 2,746 cubic inches in volume. Shellfish shall be level with top of said tote basket.