[Amended 9-30-2010; 1-5-2011; 1-1-2016; 12-23-2020]
Licenses shall be subject to fees that could change annually.
A.
Resident recreational permits: Those who pay real
estate taxes or are residents, as defined, of the Town of Barnstable
are entitled to a Town of Barnstable recreational shellfishing permit.
This permit also allows the taking of sea worms, herring and eels
for noncommercial purposes.
B.
Nonresident recreational permit: issued to an individual,
regardless of residency. The same conditions as resident recreational
permits apply, with the exception of Town of Barnstable residency.
C.
Senior recreational permit: issued to an individual
who has attained the age of 65 and is a legal resident of, or pays
real estate taxes to, the Town of Barnstable; one permit per family,
as defined.
D.
Seasonal recreational permit: issued to an individual,
regardless of residency. The permit shall be effective from June 1
through August 31 for the year it was issued. The same conditions
as resident recreational permits apply, with the exception of Town
of Barnstable residency.
E.
Veteran recreational permit: issued to a resident of the Commonwealth of Massachusetts who is a veteran, as defined by MGL c. 4, § 7, cl. 43rd, as amended by the Acts of 2005, Chapter 130. The same conditions as resident recreational permits apply, with the exception of Town of Barnstable residency.
F.
Permit conditions.
(1)
Permit expiration date: Recreational permits expire
on January 15, each year, except as otherwise noted.
[Amended 10-26-2022]
(2)
Unlawful harvest without a recreational permit: No
person shall take or attempt to take shellfish or sea worms within
the Town of Barnstable, unless he or she is in possession of a valid
Town of Barnstable shellfish permit.
(3)
Prohibition of sale of shellfish: No person shall
sell or offer for sale, for money or other consideration, any shellfish,
sea worms, herring or eels, taken under a recreational permit.
(4)
Transfer of permit: The Town of Barnstable shellfish
permit is not transferable without the written permission of the Town
Manager or Shellfish Constable. An illegally transferred permit shall
be considered invalid.
(5)
Child under 12: No person (child) under the age of
12 years shall be allowed to use the recreational permit unless accompanied
by an adult with a valid shellfish permit.
(6)
Guests of a recreational permit holder: A recreational
permit holder may take guests to dig with them as long as only one
weekly limit is taken. One limit per permit is allowed. The permit
holder must be present and is responsible for any violations against
the shellfish rules and regulations by the guest(s).
(7)
The Town of Barnstable shellfish permit shall be visibly
displayed to the Shellfish Constable or Deouty Shellfish Constable
upon request.
(8)
Landing restriction: All shellfish harvested under
a recreational permit shall be landed in the Town of Barnstable.
A.
Harvest days. Shellfish taken under a recreational
permit may be harvested on Sunday, Wednesday and Saturday and on Commonwealth
of Massachusetts recognized holidays as adopted by the Town of Barnstable
only, except as otherwise stated. The shellfishing calendar week consists
of seven full days beginning on any Sunday and ending on the following
Saturday.
B.
Other harvest day restrictions.
(1)
Blue mussels may be harvested daily in Barnstable
Harbor.
(2)
Sea clams may be harvested daily in the area east
of a line extending from Salten Point to the Eastern Bank of Great
Thatch Island, Barnstable Harbor.
(3)
Sea worms may be taken daily.
(5)
Oysters. Season dates will be posted annually.
[Amended 12-4-2019]
C.
Harvest hours. No person shall take or attempt to
take shellfish or sea worms during the nighttime hours, between sunset
and 1/2 hour before sunrise.
A.
With the exception of scallops, the total amount of
shellfish taken on a recreational permit in any one week shall not
exceed one bushel. The recreational weekly limit for the following
species of shellfish, worms and eels, in season, shall be:
(1)
Soft shell clams: one level peck, as defined.
(2)
Quahogs: one level peck, as defined.
(4)
Bay scallops: one level bushel, as defined. (See also
scallop regulations.)
[Amended 12-23-2020]
(5)
Sea scallops: one level bushel, as defined.
[Amended 12-23-2020]
(6)
Sea clams: one level bushel, as defined.
[Amended 12-23-2020]
(7)
Oysters: limits will be posted annually.
(8)
Razor clams: one level peck, as defined.
(9)
Jackknife clams: one level peck, as defined.
(10)
Sea worms: not more than 100.
(11)
Eels: 25 per day.
[Amended 11-17-2014]
B.
Authorized recreational shellfish container: All shellfish
harvested under a recreational shellfishing permit shall be harvested
and contained in a standard ten-quart metal wire peck basket as defined.
No other containers are allowed unless approved by the Shellfish Constable
or a Deputy Shellfish Constable.
[Added 9-21-2004; amended 12-23-2020]
Shellfish shall be culled and all seed returned
to the waters and flats immediately. Persons shall not take or have
in their possession (in basket, bucket, bag or other container):
A.
Soft shell clams less than two inches in longest diameter
to the amount of more than 5% of any batch.
B.
Quahogs less than one inch shell thickness (hinge
width) to the amount of more than 5% of any batch.
C.
Bay scallops without a well-defined raised annual
growth ring to the amount of more than 5% of the total catch remaining.
(See scallop regulations.)
D.
Sea scallops less than 3 1/2 inches in diameter
from the hinge to the outer edge to the amount of more than 10% of
the entire lot. This tolerance of 10% shall be determined by numerical
count taken at random of not less than one peck nor more than four
pecks of the entire lot.
E.
Sea clams less than five inches in longest diameter
to the amount of more than 5% of any batch.
F.
Oysters less than three inches in longest diameter
to the amount of more than 5% of any batch.
G.
Eels or elvers less than nine inches in total length.
[Amended 11-17-2014]
A.
Clams and razor clams may be taken with a standard
clam hoe (rake) or hand plunger in areas designated by the Town Manager.
No shovels, forks or other devices or materials shall be used, unless
approved by the Natural Resources Office.
[Amended 5-2005]
B.
Quahogs and oysters may be taken by hand, rakes, tongs,
dipnet and bull rake. No other device may be used, unless approved
by Natural Resources.
C.
Eels and elvers may be taken by pots, spears or angling.
A recreational shellfish permit must be in possession; the limit for
recreational permit holders is 10 pots; all pots and buoys are to
be marked with the permit holder's name, and buoys must be painted
bright green. A permit is not required to take eels for recreational
use by spears or angling.
D.
Skin or scuba diving. All persons skin or scuba diving
for shellfish shall display the diver-down flag and, upon request,
produce a Town of Barnstable shellfish permit.
A.
Temperature restriction. Dry digging for soft shell
clams and quahogs is prohibited when the air temperature is 28°
F. or below.
B.
Backfilling of dig holes. All dig sites shall be backfilled
when dry digging all shellfish.
[Amended 2-21-2013]
C.
Mainland thatch conservation. The digging of shellfish
in the thatch (grass) on the mainland shore is prohibited. Dig sites
in the thatch on flats and islands shall be repaired.
D.
Shucking restriction. All shellfish harvested shall
be brought ashore in the shell.
E.
Wet storage prohibition. The wet storage of shellfish
in the Town of Barnstable waters is prohibited.
F.
Transport of seed restriction. No person shall transport
or move seed clams, quahogs, oysters or scallops, except that a five-percent
(by count) of seed shall be allowed as a margin of error.
G.
Area closures. No person shall take or attempt to
take shellfish from a closed area with the exception of scallops.
Shellfishing for any purpose is prohibited in these areas. (See also
shellfish area status.[1]) Areas may be posted closed from time to time by Natural
Resources or the Board of Health due to high concentrations of seed,
point source pollution or health hazard, propagation projects or other
purpose. The taking of shellfish from these areas is prohibited. Also,
the taking of shellfish from any shellfish culturing gear or tampering
with said gear deployed by public and/or private entities on approved
designated areas is prohibited. Said approved designated areas shall
be considered closed areas.
H.
Inspections. All shellfish and sea worms harvested
in the Town of Barnstable are subject to inspection. Failure to display
shellfish upon demand of enforcement personnel shall be a violation.
I.
Destruction of shellfish or shellfish habitat. The
willful destruction of shellfish and/or shellfish habitat is prohibited
and shall be punishable by a fine not to exceed $1,000 per incident,
and $1,000 per day for any such destruction which continues over more
than a twenty-four-hour period of time.
A.
Closed season. The harvest of scallops shall be closed
(prohibited) effective April 1 annually, MGL C. 130, § 71.
Open season will be posted annually.
B.
Recreational harvest limit. One bushel per week may
be harvested daily.
C.
Minimum size limit. Only scallops with a well-defined
raised annual growth ring may be taken; all other scallops will be
considered seed scallops and must be returned to the water immediately,
with one exception provided in 322 CMR 6.11. This exception states
bay scallops that have a well-defined raised annual growth line located
less than 10 millimeters (mm) from the hinge of the shell shall be
lawful to harvest and possess if the shell height is at least 63.5
millimeters or 2.5 inches. It shall not be unlawful to have in possession
seed scallops unavoidably left in the catch after it has been culled,
to the amount of not more than 5% of the total catch remaining.
[Amended 12-23-2020]
D.
Gear restriction. Scallops may be taken by hand, rake,
dipnet and dragging in all areas that are not closed to dragging.
In such areas closed to dragging, they may be taken by hand, dipnet,
rakes and diving. No other devices may be used.
E.
Dredge size restriction. No drags, dredges shall exceed
32 inches in width.
F.
Dredging area restrictions.
(1)
No dragging shall be permitted north of a line marked
by buoys, running from the way to water at the end of Estey Avenue,
to the southerly end of east jetty, and in the above area, only one
bushel per permit holder may be taken per calendar week. No boats
permitted in this area.
[Amended 11-8-2004]
(2)
No dragging shall be allowed between Calves Pasture
Point and the Barnstable Yacht Club pier.
G.
Sale restriction. No scallops taken on a recreational
permit shall be sold or offered for sale.
H.
Storm policy. In the event of a storm depositing scallops
on the beach, where there is no chance of said scallops being returned
to the waters by tidal actions, scallops may be harvested by Town
of Barnstable residents and all Town of Barnstable shellfish permit
holders. Residents must provide proof of residency. Ten-bushel per
day limit. Note: The harvest of any shellfish is prohibited during
the nighttime hours, sunset to 1/2 hour before sunrise.
[Amended 11-8-2004; 3-14-2006; 11-17-2014]
A.
It shall be unlawful for any person to harvest, possess or sell river
herring in the Town of Barnstable or in waters under the jurisdiction
of the Commonwealth of Massachusetts.
B.
Conservation. Throwing objects into the water and/or malicious destruction
of the herring and alewives is prohibited.
C.
Unauthorized alteration of herring runs. No person shall tamper with,
adjust or destroy any structure provided for the passage of herring
and alewives unless authorized by the Supervisor of Natural Resources.
For recreational rules and regulations pertaining to other species including conch, whelk, ocean quahog, sea scallop, lobster, crabs and sea urchins, refer to Massachusetts General Laws Chapter 130 and Code of Massachusetts Regulations 322.
