Acting under the authority of the vote taken by the Town of Marblehead
on March 2, 1942, at its Annual Town Meeting and in accord with the provisions
of MGL c. 130 as inserted therein by Chapter 598 of the Acts of 1941 and other
sections of said chapter pertinent thereto, the Board of Selectmen, hereinafter
referred to as the "Board," hereby assumes the control, regulation and management
of the eel, shellfish and sea worm fisheries within the coastal areas of the
Town of Marblehead as defined in MGL c. 130, § 1, and hereby promulgates
the following regulations thereon; provided, however, unless said regulations
are approved in writing by the State Director of the Division of Marine Fisheries,
they shall affect only such fisheries as are in areas not declared contaminated
by the State Department of Public Health, acting in accord with the provisions
of MGL c. 130, § 74, or corresponding provisions of earlier laws.
No person shall dig or take shellfish, sea worms or eels within the
coastal areas of Marblehead unless he has in his possession a valid permit
for such purpose, signed by the Board or by the Town Clerk when so authorized
by said Board, and only in accordance with the terms of said permit.
Any person issued a valid permit, while engaged in the digging of shellfish,
sea worms, or eels, shall display, on his outer coat or head covering, the
permit issued to him, in a suitable case, in order that it may be visible
to any shellfish constable or other proper officer authorized to enforce these
regulations.
All permits granted under §
251-2 shall expire at 12:00 midnight of December 31 of the year of issue unless an earlier expiration is stated therein.
Two classes of permits will be issued by the Board:
A. A permit allowing the sale of products obtained thereby,
which permit shall be known as a "commercial permit."
B. A permit for taking such shellfish, eels and sea worms only, for family use, as further provided in §
251-9.
From time to time, by posting proper notices thereof, as required by
the provisions of said MGL c. 130, the Board may close certain areas and restrict
or prohibit the taking of eels, shellfish or sea worms therefrom. Such closing,
restriction or prohibition shall affect all outstanding permits pertaining
thereto as though originally written therein.
No person shall dig or take shellfish, sea worms, or eels for commercial
purposes within the coastal area extending from a point at the southwesterly
end of the reservation in the Greystone Beach area now or formerly owned by
the Sterling Realty Company, said point being 275 feet southeasterly from
the southeasterly end of Greystone Road, as measured on the property line
between said reservation and land now or formerly of Sterling Realty Company
and extending to a point on Flying Point on Marblehead Neck, located 285 feet
from the southeasterly line of Sargent Road on the original boundary line
between land now or formerly of Borden and land now or formerly of Coffin.
The fee for commercial permits will be $5, and no person shall be eligible
for such permit unless he is a citizen of the United States and has had continuous
residence within the Town of Marblehead for at least six months prior to his
application therefor.
Any person who is a resident of the Town of Marblehead may apply for
and receive a permit in payment of $10 to take shellfish, eels and sea worms
for family use. Such permit shall entitle said person to take shellfish, eels
and sea worms for said use but not exceeding in any one week a total of one
bushel of any or all shellfish or 100 sea worms.
Violation by the holder of any permit or any regulation made by the
Board under the authority stated herein or any violation of the laws of the
commonwealth pertaining to marine fish and fisheries shall, in addition to
other penalties provided, be sufficient cause for the Board to revoke, cancel
or suspend any permit for such period as the Board may determine. No fee or
portion thereof paid for any such permit shall be refunded because of such
revocation, cancellation or suspension.
Any citizen of the Commonwealth of Massachusetts may apply for and receive a permit to take shellfish, eels and sea worms for family use in such quantities as set forth in §
251-9, for family use, in such areas or areas which may be set aside in accordance with the provisions of MGL c. 130, § 52, as amended.