All commercial shellfishing permit conditions, general commercial shellfishing rules and regulations and shellfishery conservation and management regulations apply. In addition, the following conditions, rules and regulations apply.
Scallops may be commercially harvested daily, Monday through Saturday.
The harvest of scallops shall be closed (prohibited effective April 1 annually, MGL C. 130, § 71. Open season will be posted annually.
Harvest limits will be posted annually.
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. However, 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
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.
No drags or dredges shall exceed 32 inches in width.
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. No boats permitted in this area.
[Amended 9-21-2004; 1-30-2007; 2-9-2018]
All helpers actively helping a commercially licensed shellfishermen, harvesting scallops, shall be required to hold a valid Massachusetts commercial shellfish and seaworms permit. However, no such permit is required to operate the boat. All helpers must present their valid Massachusetts commercial shellfish and seaworms permit, in person, to the Natural Resources Office prior to initially helping a commercially licensed shellfisherman.
There shall be not more than two harvest limits allowed per boat for commercial permit holders.
It shall be unlawful for the holder of any type permit to sell or offer for sale, or transfer their catch, unless landed ashore.
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.