The foregoing regulations shall be enforced
by the Shellfish Constables, Deputy Shellfish Constables, Natural
Resources Officers, Sandy Neck Rangers and any Police Officer of the
Town of Barnstable, hereinafter called "enforcing persons."
Enforcing persons may in their discretion, initiate criminal proceedings for any violation thereof. Alternatively, enforcing persons may utilize the method of noncriminal disposition established by Article
I of Chapter
1 of the Code of the Town of Barnstable. The fine for violation of regulations not specifically listed under said Article
I shall be $50.
[Amended 1-6-2022]
The Town of Barnstable shellfishing permit,
recreational or commercial, may be revoked or suspended by the Town
Manager for any violation of the Town Shellfish Regulations. A hearing
with the Town Manager will be afforded on revocations. Recreational
shellfish permits may also be suspended by the Director of Natural
Resources at the request of the Shellfish Constable or a Natural Resource
Officer for noncompliance with shellfish regulations. Any person who
is issued a suspension will be provided the opportunity for a hearing
with the Director of the Marine and Environmental Affairs Department.
Any person desiring such a hearing must submit a written request for
said hearing postmarked within five business days of the effective
date of suspension. An appeal of the Director of the Marine Environmental
Affairs Department's decision may be filed with the Office of the
Town Manager within five days of issuance of said decision.
The harvest of shellfish is prohibited in those
areas posted by natural resources, regardless of the fact that weather
or man may from time to time remove signage. If an area has been posted
and signage is missing, notify natural resources.