All commercial shellfishing permit conditions,
general commercial shellfishing rules and regulations and shellfishery
conservation and management regulations apply for each species. In
addition the following conditions, rules and regulations apply for
the individual species as listed.
A.
Commercial jackknife clam (Tagelus plebeius) and common
razor clam (Ensis directus) harvest limit. The total commercially
harvested daily limit of either species shall not exceed four level
tote baskets, as defined, whether harvested in the Northside or Southside
areas open for commercial harvest
B.
Southside harvest restrictions.
(1)
Harvest area restriction in the intertidal zone. The
commercial harvest of jackknife clams and common razor clams by dry
digging on the Southside of the Town of Barnstable is prohibited.
The commercial harvest of jackknife clams and common razor clams from
the intertidal area, that area between mean low-water line and the
mean high-water line, or any flat or beach area which is exposed at
low tide, is strictly prohibited, unless otherwise stated.
(2)
Harvest method. Jackknife clams and common razor clams
may be commercially harvested on the Southside by hydraulic method
or hand plunger. No other devices or materials shall be used, unless
approved by the Natural Resources Office. All hydraulic method and
hand plunger rules and regulations as defined for the commercial harvest
of soft shell clams pertain to the commercial harvest of jackknife
clams and common razor clams. (Refer to commercial soft shell clam
shellfishing rules and regulations.)
[Amended 1-30-2007]
(3)
Harvest days/hours. Refer to commercial soft shell
clam shellfishing rules and regulations.
C.
Northside harvest restrictions.
(1)
Harvest days. The commercial harvest of jackknife
clams and common razor clams shall be allowed Monday through Saturday.
(2)
Harvest area restriction. The commercial harvest of jackknife clams and common razor clams shall be prohibited in the Scudder Lane Recreational Shellfishing Area, Huckins Island, all tidal flats associated with the island and areas closed for management and/or pollution closures. The commercial harvest of jackknife clams and common razor clams in the area stated above shall be effective Tuesday, January 1, 2019, through Tuesday, December 31, 2019. Beginning January 1, 2020, the opening and closing of the above-mentioned area shall be governed by § 188-4A(2) of the Barnstable Town Code.
[Amended 12-16-2016; 2-9-2018; 12-1-2018; 12-4-2019; 10-26-2022]
(3)
The commercial harvest of jackknife clams and common
razor clams shall be allowed west of a line extending north from Calves
Pasture Point, excluding Huckins Island and all tidal flats associated
with the island. Commercial harvest is prohibited on this island.
Harvest method: Razor clams may be taken with a standard clam hoe
(rake) 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.
(4)
All helpers actively helping a commercially licensed shellfisherman
harvesting razor clams 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.
[Added 1-30-2007; amended 2-9-2018]
A.
Harvest days. The commercial harvest of mussels shall
be allowed on Monday through Saturday.
B.
Commercial mussel harvest limit. The total daily limit
of mussels, commercial harvest, shall not exceed 50 tote baskets.
[Amended 2-9-2018]
C.
Harvest limit per boat. There shall not be more than
two harvest limits per boat for commercial permit holders.
D.
Gear restrictions and harvest method. Stone fork or
dredge, not to exceed 32 inches in width. All persons harvesting mussels
are responsible for the cleanliness of the landing areas.
E.
All helpers actively helping commercially licensed shellfishermen
harvesting mussels 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.
[Added 9-21-2004; amended 1-30-2007; 2-9-2018]
[Amended 12-23-2020]
The commercial harvest of oysters is prohibited
in the Town of Barnstable, except for licensed aquaculturists on their
licensed sites.
A.
Minimum size limit. It is unlawful for a person to
take or possess elvers or eels of a size less than nine inches in
total length.
[Amended 11-17-2014]
B.
Permit. No person shall take or attempt to take eels
for the purpose of sale or any commercial purpose unless he or she
is the holder of a Town of Barnstable commercial permit endorsed for
eels.
C.
Harvest method. No person shall take or attempt to
take eels, Anquilla rostrates, by any contrivance other than by pots,
spears or angling. The use of eel pots with a wire mesh size smaller
than 1/2 inch by 1/2 inch is prohibited. The use of fyke nets is prohibited
between September 1 and December 31.
[Amended 11-17-2014]
D.
Buoys. All buoys will be painted the Town eel fishery
color, bright green, the Town eel permit number shall be displayed
on all buoys. A colored stripe may be added for identification.
E.
Pots. Pots shall not be set in navigable marked channels.
No person shall fish in excess of 100 pots.
F.
Freshwater eeling. Commercial eeling in freshwater
is allowed by special state permit. A valid Massachusetts fishing
license is also required.
For commercial rules and regulations pertaining to other species including conch, whelk, surf clam, ocean quahog, sea scallop, lobster, crabs and sea urchins refer to Massachusetts General Laws Chapter 130 and Code of Massachusetts Regulations 322.
