[Amended 9-21-2004; 11-23-2005; 9-30-2010; 1-1-2016; 12-23-2020; 1-6-2022]
A.
Town of
Barnstable commercial shellfishing permits are granted under the authority
of the Town Manager for the taking of shellfish for sale or other
consideration, issued to persons, other than aliens, having attained
their 16th birthday and who are domiciled in the Town of Barnstable.
When the holder of a Town of Barnstable commercial shellfish permit
is no longer domiciled in the Town of Barnstable, said Town of Barnstable
commercial shellfish permit shall be void.
(1)
Limitation of available licenses. Commercial shellfishing licenses
shall be issued each year only to commercial shellfish license holders
of the preceding year, who apply for license renewal. Commercial shellfish
license renewals must be applied for between January 1 and January
31.
(2)
Commercial shellfish license procedure.
(a)
New commercial shellfishing permits may be issued at the rate
of one new permit for every one nonrenewed permit, or permit that
is void as a result of other causes (i.e., forfeiture, death, etc.).
(b)
If a commercial permit becomes void as a result of death, the permit may be inherited by one individual next of kin. Within 30 days of the death of the commercial permit holder, the individual next of kin must: notify the Town of the death of the commercial permit holder, complete a Town of Barnstable commercial shellfish permit application, prove to the satisfaction of the Licensing Authority that they are a bona fide, principally domiciled resident of the Town of Barnstable and have been principally domiciled within the Town for at least 12 consecutive months prior to the date of application for inheritance, pay the appropriate fee in full for the commercial permit as determined in § 407-12D(1) and procure a Commonwealth of Massachusetts commercial shellfishing permit. Failure to meet these requirements within the 30 days will result in the permit being offered to the lottery under § 407-12A(2)(d).
(c)
To become eligible for a new commercial permit you must apply,
pursuant to these regulations, within January 1st and January 31st
and pay the nonrefundable application fee of $5. Upon the hand delivery
of a completed legitimate application, and payment of the fee, the
applicant's name will be entered into a lottery. On February 1, the
applicant names will be drawn by lottery to determine the sequential
chronological order that applicants acquire a permit. On February
1, the Natural Resources Office shall post on the bulletin board outside
its building, on Phinney's Lane, a chronological list of applicants
as determined by lottery eligible for a commercial permit as determined
by vacancy.
(d)
If an existing commercial permit becomes void and is not subject
to inheritance, during the calendar year (January 1 through December
31) for which the permit was issued, the next eligible applicant as
determined by the lottery, will be notified, by mail, of the availability
of a permit. The applicant shall have 10 days from the date of notification
to pay the balance of the permit fee or the permit will be issued
to the next eligible applicant as determined by the lottery. The applicant
will be notified by Natural Resources when the new permit is available
to be picked up. New permit shall be issued for a given commercial
shellfishing year (April 1 through March 31). The applicant list shall
be dissolved each year as of December 31.
B.
Commonwealth of Massachusetts commercial shellfishing permit. This
permit is required by Massachusetts General Law to dig or take shellfish
within the Commonwealth of Massachusetts for commercial purposes and
required prior to the issuance of the Town of Barnstable commercial
shellfish permit.
C.
Apprentice commercial shellfishing permit. The Town Manager or Shellfish Constable may issue an apprentice commercial shellfishing permit to a resident child who is sponsored by a Town of Barnstable commercial shellfishing permit holder. Said child must be under the age of 16, and said apprentice commercial shellfishing permit shall expire on the child's 16th birthday. The apprentice shall assist only the sponsor, and only in the harvest of the sponsor's catch limit. The apprentice shall not harvest shellfish without the accompaniment of the sponsor. Upon the expiration of the apprentice commercial shellfishing permit, the holder of said permit may apply for a Town of Barnstable commercial shellfishing permit pursuant to these rules and regulations only if the child had held the apprentice commercial shellfishing permit for two years prior to their 16th birthday, can demonstrate having worked in the shellfish industry for at least 400 hours, and has successfully completed a Coast Guard boaters safety course. The allowances to an apprentice permitted under this regulation are distinct and separate from the stipulations that apply to new applicants under Subsection A(2) above.
D.
Permit conditions.
(2)
Commercial shellfishing permits expire on March 31 each year.
(3)
Unlawful harvest without a commercial shellfishing permit. No person
shall take or attempt to take shellfish for sale or other commercial
purpose, unless said person is the holder of a valid Town of Barnstable
commercial shellfish permit. It shall be prima facie evidence that
persons shellfishing on a Town of Barnstable commercial shellfish
permit are utilizing said permit for commercial purposes, and are
subject to all regulations governing such use. This shall not apply
to license holders while on their licensed sites.
(4)
Assisting in commercial harvest prohibited. A person shall not assist
in the commercial harvest or culling of shellfish unless said person
holds a Town of Barnstable commercial shellfish permit, unless otherwise
stated.
[Amended 9-30-2010; 1-6-2022]
A.
Each applicant for a Town of Barnstable commercial shellfish permit
shall fill out and submit an application form, provided by Natural
Resources, and an application fee of $5; said fee is not refundable
but will be applied to the permit fee when said permit is picked up.
Attached to the application shall be a copy of:
(1)
Commonwealth of Massachusetts commercial shellfish permit, valid
for the year being applied for.
(2)
Documentation to verify the applicant is domiciled in the Town of
Barnstable. This may be current real estate tax bill, mortgage statement
or residential lease and copy of motor vehicle registration. (A driver's
license is not proof of domicile.) The burden of proof is on the applicant.
B.
Application
window. Each applicant for a Town of Barnstable commercial permit
must apply for said permit between January 1 and January 31 annually.
Applications will not be accepted after January 31. After paying the
initial application fee of $5 for the commercial permit, the applicant
must pick up and pay in full for said permit within 90 days after
closing of the application window.
C.
Address change. Should any commercial permit holder's address change
during the commercial permit year, they must contact Natural Resources
in writing with said address change.
D.
Note: If any dates stated in Regulation 407-12A fall on a Saturday,
Sunday or Holiday recognized by the Town of Barnstable, the next Marine
Environmental Affairs Department business day shall apply.
A.
Harvest hours. No person shall take or attempt to
take shellfish or seaworms during the nighttime hours, between sunset
and 1/2 hour before sunrise, except as otherwise noted utilizing the
hydraulic method (see hydraulic method restrictions).
B.
Tagging shellfish and display of shellfish permit.
[Amended 12-1-2018]
C.
Possession of shellfish. No person shall possess shellfish
in excess of daily commercial limit in or on the waters of the Town
of Barnstable, or while landing their catch.
D.
Landing of shellfish. After the completion of harvest,
all shellfish harvested in the Town of Barnstable under a commercial
permit shall be landed at a Town landing. The word "landed" as used
herein shall mean the location where shellfish are removed from the
shoreline to any point of land above the mean high-water line. This
regulation shall not apply when ice conditions prevent the use of
a boat.
E.
Shall not take family limit in addition. A commercial
shellfish permit holder shall not take in any one day shellfish in
excess of the commercial quantity allowed by statute or regulation,
regardless of the fact that he or a member of his family may hold
a family shellfish permit.
F.
Wet storage. The wet storage of shellfish in Town
of Barnstable waters is prohibited, except with the written permission
of Natural Resources.
G.
Skin or scuba diving. All persons skin or scuba diving
for the commercial harvest of shellfish shall display the diver-down
flag and, upon request, produce a Town of Barnstable commercial shellfish
permit.
H.
Northside commercial shellfishing area restriction.
The commercial harvest of shellfish shall be allowed east of a line
extending north from the Barnstable Yacht Club pier.
[Amended 10-26-2022]
I.
Hydraulic method or hand plunger shall be used to
harvest subtidal soft shell clams, jackknife clams and common razor
clams only on the Southside of the Town. The harvest of other species
of shellfish utilizing the hydraulic method is prohibited.
A.
Temperature restrictions. Dry digging for soft shell
clams and quahogs is prohibited when the air temperature is 28°
F. or below. However, the commercial harvest of mussels, the subtidal
harvest of quahogs and the use of the hydraulic method or a hand plunger
to subtidally harvest soft shell clams, jackknife clams (Tagelus plebeius)
and common razor clams (Ensis directus) on the Southside will be allowed.
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.
Transport of seed restriction. No person shall transport
or move seed clams, quahogs, or scallops, except that a five-percent
(by count) of seed shall be allowed as a margin of error.
F.
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). 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 purposes. 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.
G.
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.
H.
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.