A.Â
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 These regulations shall supersede any former shellfish regulations and shall continue in force until rescinded or replaced by the Town Manager, or until the authority to make and enforce shellfish regulations has been repealed.
B.Â
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:
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.
Seven full days beginning on any Sunday and ending on the
following Saturday.
Any person who sells or offers for sale, shellfish, sea worms
or eels, for cash or other consideration.
Granted under the authority of the Town Manager, for the
taking of shellfish for sale or other consideration.
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 (spouse or partner
and any unmarried children and grandchildren under the age of 18)
domiciled and living under the same roof.
[Amended 12-23-2020]
To catch, dig, take or attempt to catch, or take any fish,
shellfish or bait.
[Amended 12-23-2020]
The distance between the convex apex of the right shell and
the convex apex of the left shell.
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.
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.
For enforcement purposes, low tide is based on the Boston
Tide Calendar available at the Marine Environmental Affairs Department.
For all water bodies on the north side of Town, Cape Cod Bay and Barnstable
Harbor low tide is 0.5 hour after the time listed in the Boston Tide
Calendar. For all water bodies on the south side of Town, including
Nantucket Sound, low tide is one hour after the time listed in the
Boston Tide Calendar.
[Added 10-26-2022]
The Town Manager of the Town of Barnstable.
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 unless another container is authorized by the
Shellfish Constable or Deputy Shellfish Constable.
[Amended 9-21-2004; 12-23-2020]
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.
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.
Soft shell clams measuring less than two inches in the longest
diameter.
Oyster measuring less than three inches in the longest diameter.
Bay scallops which do not have a well-defined raised annual
growth line on the shell.
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
For enforcement purposes, time of sunrise is based on the
Boston Tide Calendar available at the Marine Environmental Affairs
Department.
[Added 10-26-2022]
For enforcement purposes, time of sunset is based on the
Boston Tide Calendar available at the Marine Environmental Affairs
Department.
[Added 10-26-2022]
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.
[Amended 12-23-2020]
