[Adopted 3-16-1992; amended in its entirety 9-9-2002]
These regulations are hereby adopted by authority of MGL c. 130, § 52,
and authorized by Town Meeting to regulate or prohibit the taking of eels
and all kinds of shellfish and seaworms within the Town of Falmouth through
the Board of Selectmen.[1]
These regulations shall be enforced by the Shellfish Constable and Natural
Resource Officers.
A.
A family permit to take shellfish, herring, and eels
is required. Family permits are valid for use by spouse and minor children
of the individual to whom the permit is issued only. Others may accompany
a permit holder while shellfishing, but only one limit per permit may be taken.
B.
Quahogs. Ten quarts of quahogs may be taken per day but
not more than 20 quarts in any one week.
C.
Soft shell clams. Ten quarts of soft shell clams may
be taken in any one week.
D.
Scallops. Between October 1 and the following March 31,
both dates inclusive, one bushel of adult scallops may be taken in any one
week. For the purposes of this regulation, an adult scallop is defined as
one having a well defined, raised annual growth ring. Scallops may be taken
from areas posted as "Closed to Shellfishing," if those areas are specifically
opened to the harvest of scallops by the Board of Selectmen. Scallop season
shall be set annually by the Board of Selectmen.
E.
Oysters. Between November 1 and the following March 31,
both dates inclusive, not more than 10 quarts of oysters per week may be taken.
Seed oysters must be culled from the shells of adult oysters at the harvest
site. Oyster shells must be returned to the harvest site after shucking.
F.
Mussels. Ten quarts of mussels may be taken in any one
week.
G.
Family permits shall not allow for the taking of shellfish
of a size or at a season prohibited by law, and the amount therefor taken
for any family shall not exceed in any one week one bushel of any or all kinds
of shellfish.
H.
All seed shellfish shall be immediately returned to the
harvest area.
I.
Family shellfish permits shall be visibly worn at all
times while shellfishing.
J.
All shellfish must be landed in shells.
K.
No shellfish may be taken from areas closed to shellfishing by order of the Board of Selectmen or the Massachusetts Division of Marine Fisheries, except as noted in § 275-7D.
L.
Family permit holders may set no more than four eel pots
in the Town Of Falmouth waters. All eel pots shall have the name and phone
number of the owner clearly displayed on the buoy.
Any quahog rake greater than 13 inches across the back of the rake shall
not be allowed to be used for the harvest of quahogs in any shellfish area
designated for family use only by the Town of Falmouth. No holder of a commercial
shellfish permit shall dig or attempt to dig shellfish in areas designated
for family use only. Family areas are open on Saturdays and Sundays only.
Family permits may be used in areas not designated for family use only on
any day of the week.
A.
No person shall take shellfish or eels from the foreshores,
flats and tidal waters of the Town of Falmouth for commercial purposes without
a permit therefor, prescribing the time, quantity and method of taking the
same, issued by the Board of Selectmen. The permit shall be visibly worn at
all times while shellfishing.
B.
No commercial shellfish permit shall be granted to any
person who has not resided in the Town for at least six months preceding his
application for a permit.
C.
No shellfish shall be taken on Sunday for commercial
purposes. Family area restrictions apply to all open shellfish areas on Sunday.
D.
Applications for commercial shellfish permits shall be
submitted during the month of February only. Each application may be subject
to a 10 day review by the Shellfish Constable.
E.
Commercial permits may be purchased from February 1 to
March 31, both dates inclusive. No commercial shellfish permits shall be issued
after March 31 without a Selectmen's hearing at the request of the applicant.
No commercial permits shall be issued to any individual under 16 years of
age.
F.
Commercial permit holders shall carry photo identification
such as a Massachusetts driver's license or Registry of Motor Vehicles
identification card and a valid Commonwealth of Massachusetts Division of
Marine Fisheries Commercial Shellfish Transaction card while fishing.
A.
Quahogs. No more than three bushels of quahogs may be
taken per day.
B.
Soft shell clams. No more than two bushels of soft shell
clams may be taken per day.
C.
Scallops. Between October 1 and the following March 31,
both dates inclusive, no more than five bushels of adult bay scallops may
be taken per day except in areas of Buzzards Bay and Vineyard Sound where
no more than 10 bushels may be taken per day. For the purposes of this regulation,
an adult bay scallop is defined as one having a well defined, raised annual
growth ring. Bay scallops may be taken from areas posted as "Closed to Shellfishing,"
if those areas are specifically opened to the harvest of bay scallops by the
Board of Selectmen. Scallop season shall be set annually by the Board of Selectmen.
D.
Oysters. Between November 1 and the following March 31,
both dates inclusive, commercial harvest of oysters shall be limited to Tuesdays,
Thursdays and Saturdays only from areas open to the taking of shellfish. No
more than two level Town-approved containers may be taken per day. Culling
of seed oysters from the shells of adult oysters must take place at the harvest
site.
E.
Mussels. No more than four level Town-approved containers
of mussels may be taken per day.
F.
No more than 50 eel pots per commercial shellfish permit
holder may be set in Town of Falmouth waters. Any eel pots shall be marked
with a buoy with the name, phone number, and transaction card number of the
owner clearly displayed. The Shellfish Constable must be notified as to the
location of any eel storage containers.
G.
Commercial permit holders shall not take a family limit
on their family permit on any day that they have taken commercial quantities
of any species of shellfish.
H.
Commercial permit holders may not be assisted in the
harvest or culling of shellfish by anyone who does not also hold a valid Town
of Falmouth commercial shellfish permit. Commercial shellfish permits shall
be visibly worn at all times while shellfishing.
I.
All shellfish must be landed in shells and tagged according
to Massachusetts Division of Marine Fisheries and MA Department of Public
Health regulations prior to leaving the harvest area.
J.
No commercial harvest of shellfish from areas closed to the taking of shellfish by the Board of Selectmen or the Massachusetts Division of Marine Fisheries, except as noted in § 275-10C.
K.
The required container for commercial harvest of any
shellfish species taken from the Town of Falmouth shall be a polyethylene
basket with internal measurements of 19 3/4 inches in diameter at the
top by 14 1/4 inches in height by 13 1/4 inches in diameter at the
bottom. The container may be filled up to the level of the top of the container.
No other container of any description may be used to transport commercial
limits of shellfish from the harvest area.
L.
No more than 1/2 bushel of unculled shellfish may be
in the possession of a commercial shellfisherman while actively harvesting
and may not be in a container larger than 1/2 bushel. All culled seed shellfish
shall be returned to the immediate harvest area from which it was taken.
Shellfishing may not commence before sunrise and all shellfish shall
be landed no later than sunset.
No shellfish from any source other than seed replanted during harvesting
may be stored or returned to the water by anyone other than those holding
the proper aquaculture or propagation permits issued by the Massachusetts
Division of Marine Fisheries.
All shellfish shall be measured by gauge before being place in the catch
container. The shellfish permit holder is required to carry a shellfish gauge.
Minimum sizes shall be as follows:
A.
No person shall take or have in possession quahogs less
than one inch shell thickness (hinge width).
B.
No person shall take or have in possession soft-shelled
clams less than two inches in longest dimension
C.
No person shall take or have in possession oysters less
than three inches in longest dimension.
D.
No person shall take or have in possession mussels less
than two inches in longest dimension.
E.
No eels less than six inches in length may be taken.
All persons will display their catch upon request of the Shellfish Constable
or Natural Resource Officer.
A.
Shellfish shall be taken only by hand, rake, plunger,
dipnet and tongs, except scallops, and oysters which may be taken by hand,
dipnet and dredging when prescribed by the Selectmen.
B.
Skin diving, with mask and snorkel, and scuba diving,
with air tanks, may be used to take shellfish in specific areas when prescribed
by the Selectmen. In no case will scuba diving for shellfish be allowed in
depths of less than seven feet. During the period from June 1 to September
30, skin and scuba diving for shellfish will not be allowed within any of
the coastal ponds, rivers and harbors except Megansett Harbor outside of marked
navigation channels and coastal areas in Buzzards Bay and Vineyard Sound.
Both skin and scuba divers shall display a dive flag that they shall carry
with them attached by a line. Divers must stay within a ten-foot radius of
their flag while shellfishing. Commercial permit holders shall display their
Massachusetts commercial permit number in three-inch numbers on their dive
flag. It shall be prohibited to scuba dive for shellfish at any time in the
following areas: Great Pond, Green Pond, Bourne's Pond, Waquoit Bay,
Falmouth Harbor and West Falmouth Harbor.
C.
"Fanning," the method of using mask and snorkel to take
quahogs by hand in water depths less than three feet shall be allowed in all
open areas in Quisset Harbor. Please make every attempt to avoid traversing
or anchoring boats in the remains of the ancient cedar swamp in Quamquissett
Cove on the southern shoreline between the golf course and Mink Island. Fanning
may also be used to harvest quahogs from the open areas in Great Harbor Woods
Hole.
D.
The use of any water, jet, suction and/or air tank device
or shovel for the digging of shellfish is prohibited.
The fees for shellfish permits shall be as established by the Board
of Selectmen.
No fee paid for shellfish permits shall be abated, nor shall any permit
be issued without payment of the fee.
A.
Any holder of a shellfish permit who violates any provisions
of these regulations or the laws relative to the taking of shellfish shall
forfeit his permit and shall be barred from obtaining shellfish permits for
a period of not less than six months or not more than one year from the date
of the violation, at the discretion of the Selectmen.
B.
Violation of any part of these regulations shall be punishable
by a fine not to exceed $50.
Per Chapter 130, Section 52, of the General Laws of Massachusetts, shellfish
regulations for the Town of Falmouth shall be posted in at least three public
places. The locations for posting general regulations shall be the Falmouth
Town Hall, the Main Public Library, the North Falmouth Public Library, the
West Falmouth Public Library, and the East Falmouth Public Library. Shellfish
information signs with open area maps, located at Falmouth Town Hall, the
Megansett Harbor parking lot, the West Falmouth Harbor boat ramp, and Seapit
Landing in Waquoit Bay, shall remain in use. The Shellfish Department number
is (508) 495-7334 or (508) 548-7611 ext. 334.
All expired permits must be returned to the Selectmen's office,
in the Town Hall, with a catch report completed before a new permit may be
issued.
All shellfish, eel, and herring regulations heretofore adopted inconsistent
with the foregoing regulations are hereby repealed.
At a regular meeting of the Falmouth Board of Selectmen held on September
9, 2002, the foregoing regulations were adopted and shall be in effect, after
publication as required by law, as of October 1, 2002.
