[HISTORY: Adopted by the Special Town Meeting
of the Town of Nantucket 6-16-1975 by Art. 7. Amendments noted where
applicable.]
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
No person without a permit from the Select Board
shall take any shellfish from the waters of the Town of Nantucket.
[Amended 4-6-1982 ATM by Art. 35, approved 10-4-1982; 4-8-1996 ATM by Art. 45, approved 7-15-1996; 4-13-1998 ATM by Art.
46, approved 7-31-1998; 4-6-2009 ATM by Art. 50, approved 8-10-2009; 3-31-2012 ATM by Art. 58, approved 7-12-2012; 6-25-2020 ATM by Art. 70, approved 10-27-2020]
No person shall receive a permit from the Select Board for the
taking of shellfish unless under the following conditions, viz (for
commercial use):
A.
The applicant shall be at least 14 years of age.
B.
The applicant must live in the Town of Nantucket for at least one
year and maintain a domicile therein.
C.
The applicant shall pay as a fee for said permit a sum to be set
by the Select Board from time to time, except that there shall be
no fee charged to any resident applicant over 60 years of age who
does not hold a state commercial permit and agrees not to sell his/her
catch in the commercial market. The Select Board may set fees for
commercial and family licenses.
D.
The applicant shall complete the permit application and submit it
to the Harbor and Shellfish Advisory Board, or its designee, for its
review, together with any additional information or documentation
requested by it to demonstrate eligibility. The applicant shall have
the burden of demonstrating eligibility to the satisfaction of the
aforementioned Board or its designee. Upon receipt of a completed
application, the Board shall make a recommendation to the Select Board
with respect to the issuance of the permit. This shall be done within
30 business days.
E.
Applications for commercial scalloping permits shall be filed between
January 1 and March 31 for the season beginning the following November
1. Late applications shall be subject to the following penalty: the
permit shall be effective either as of December 1, or as of the 30th
day after the date of application, whichever is later.
Permits shall be issued for a period of one
year from April 1.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
The Town Clerk or other person designated by
the Select Board shall be authorized to issue and sign all permits.
[Amended 4-6-2009 ATM by Art. 50, approved 8-10-2009; [Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]]
The Select Board shall, from time to time and with advice from
the Harbor and Shellfish Advisory Board, establish limits of takings
for commercial license holders and for family license holders and
shall fix the same limits having due regard and consideration for
the then-current supply and conditions for the propagation of shellfish.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
No person shall take scallops from the waters
of Nantucket by any other method than hands, dredges, rakes and poles,
and no person shall take shellfish other than scallops from the waters
of Nantucket by any other method than hands, rakes and poles, except
by special permission, which shall be designated on the permit and
on the record maintained by the Select Board.
No person shall take clams in the waters of
Nantucket by the method known as "jet pumps."
[Amended 4-6-2009 ATM by Art. 50, approved 8-10-2009; 6-25-2020 ATM by Art. 70, approved 10-27-2020]
The Select Board shall, from time to time and with advice from
the Harbor and Shellfish Advisory Board, fix the days and hours during
which shellfish may be taken and shall fix the same having regard
for the supply of and conditions for the propagation of shellfish
and may establish places for landing shellfish taken under a commercial
license.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
No person shall be granted any such permit for
the taking of eels, sea worms and any and all kinds of shellfish unless
he agrees (and the acceptance of such permit shall constitute such
agreement) that he will, and that any other person who, for the time
being, has or shall have in his custody or possession any building,
boat, vehicle, barrel, box, tub, crate or any other vessel or receptacle,
containing or suitable for containing shellfish, and belonging to
him or being under his control, shall, at any time or place, when
requested so to do by either of said Select Board or by their authorized
agent or by any Constable or Fish Warden of said Town, open any such
building, vehicle, barrel, box, crate or other vessel or receptacle
and fully expose to them or either of them the contents thereof for
inspection; and if such holder of a permit or such other person as
aforesaid, when so requested, refuses or neglects so to do, said Select
Board may revoke said permit or suspend the same for any stated time,
at their decision.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
If any person having such permit for the taking
of shellfish violates any law of the commonwealth or any regulation
made by said Select Board relating to shellfish or shellfisheries
in said Town, said Select Board may revoke said permit or suspend
the same for any stated time, at their discretion.
A.
Family permits shall be issued for a period of one
year from April 1 at a fee to be set by the Select Board and shall
be good for the taking of eels, sea worms and any and all kinds of
shellfish and shall not allow the taking of shellfish of a size, or
in an area defined closed by State of Massachusetts, the Select Board
or the Marine Superintendent, or at a season prohibited by law and
shall be subject to such other rules and regulations as the Select
Board shall set from time to time.
[Amended 3-31-2012 ATM by Art. 58, approved 7-12-2012; 6-25-2020 ATM by Art. 70, approved 10-27-2020]
B.
Notwithstanding the foregoing, nontaxpaying, nonresident
family permits shall be issued for a fee of not less than $25.
[Amended 4-12-1994 ATM by Art. 67, approved 4-29-1994;
amended 4-10-1995 ATM by Art. 69, approved 7-31-1995; 6-25-2020 ATM by Art. 70, approved 10-27-2020]
Notwithstanding any other rule or regulation
established by the Select Board, scallops may only be taken from the
waters of Nantucket subject to regulations consistent with the following
further regulations:
A.
Commercial scallop season shall start November 1 and
end March 31.
B.
Scallops may be taken under a commercial license daily
except Sunday.
C.
Transfer of scallops from one commercial boat to another
is prohibited, and it is unlawful to pick up another person with more
than 3 1/2 bushels of scallops in the commercial boat.
D.
There shall be a limit of two commercial scallop licenses
per boat. This subsection shall take effect for the 1995 - 1996 scalloping
season.
Wading for scallops by the family permit holder
shall be prohibited by the Shellfish Warden or Constable if he is
of the opinion that the area being fished is a seed area.
[Amended 4-6-1982 ATM by Art. 35, approved 10-4-1982; 4-13-1998 ATM by Art. 46, approved 7-31-1998; 4-6-2009 ATM by Art.
50, approved 8-10-2009]
A.
Whoever takes any shellfish from the waters of said Town, except
for family use as aforesaid or except as otherwise allowed by law,
shall be liable to a penalty of not less than $10 nor more than $50.
B.
Whoever takes any shellfish from the waters in said Town without
such permit, except for family use as aforesaid, or contrary to the
provisions of such permit shall be liable to a penalty of not less
than $10 nor more than $50.
C.
Any person taking scallops other than adult scallops from the flats
or tide waters of said Town shall be liable to a fine of $25.
D.
No person is allowed by law to take from the waters of said Town
or to sell or to offer for sale or to have in his possession any quahogs
measuring not less than one inch thick, clams measuring not less than
two inches across and oysters measuring not less than three inches
across or along the widest part. Any person violating this provision
of law shall be liable to a fine of not less than $10 and not more
than $50.
E.
Any holder of a commercial license who shall violate these rules
and regulations or any other rule or regulation established hereunder,
in addition to any other penalties, shall have said license or permit
suspended by the Shellfish Warden for not less than one day for a
first offense and not less than five days for any succeeding offense.
[Added 4-6-1982 ATM by Art. 35, approved
10-4-198; amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
The Select Board shall have authorization to
control, regulate or prohibit the taking of eels and any and all kinds
of shellfish and sea worms within the Town and County of Nantucket.
[Added 4-6-1987 ATM by Art. 33, approved
7-15-1987]
The Shellfish Warden and his deputies are hereby
designated enforcing persons hereunder. The enforcing person may,
as an alternative to initiating criminal proceedings, proceed to a
noncriminal disposition of any violation of this chapter pursuant
to the procedures set forth in MGL c. 40, § 21D.
[Added 4-6-2009 ATM by Art. 50, approved 8-10-2009; amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
Except for emergency situations, the Select Board shall make
every effort to consult with the Harbor and Shellfish Advisory Board
prior to enacting or amending any regulation affecting shellfish.
