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Town of Fairhaven, MA
Bristol County
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Table of Contents
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New Laws (4) Index
This article applies to all shellfishing, regardless of type of permit or license. Commercial scallop regulations and special regulations covering temporary closings due to pollution, planting or experimental programs may be established as needed.
The following rules and regulations are hereby adopted by authority of MGL c. 130, § 52, by the Board of Selectmen, Town of Fairhaven. Under the above authority all persons are prohibited from taking eels, clams, quahogs, oysters, scallops or seaworms from the coastal waters or flats of the Town of Fairhaven without a current permit issued by the Board of Selectmen of the Town of Fairhaven. Permits and licenses shall be limited to the regulations set forth herein.
A. 
Violations of these regulations shall be subject to the following:
(1) 
First offense: $25 and/or suspension of license or permit for 30 days.
(2) 
Second offense: $50 and/or suspension of license or permit for 60 days.
(3) 
Third offense: $100 and/or suspension of license or permit for 90 days.
B. 
In the event of a fourth offense or if a licensee or permittee shows total disregard for these rules and regulations, the Board of Selectmen may revoke and cancel the license or permit for a period of time not to exceed two years.
Permits must be in the possession of the holder and in plain view on outer clothing or posted on a boat or dive flag in a visible manner while engaged in shellfishing. (See § 218-22, Violations and penalties.)
Any person over the age of 12 years may obtain a permit, but no child under the age of 12 years shall take shellfish, eels or seaworms unless accompanied by an adult holding a permit, in which case said adult will be held responsible for all acts of said child. (See § 218-22, Violations and penalties.)
Quahogs must have a one-inch hinge measured by gauge. Clams shall not be taken when they are less than two inches in the longest diameter. Oysters shall not be taken when they are less than three inches in diameter. Scallops shall not be taken unless they have a well-defined annual ring. The taking or possession of seed shellfish is prohibited.
A. 
Shellfish gauges. Gauges for quahogs or clam measurement shall be used while engaged in shellfishing. (See § 218-22, Violations and penalties.)
B. 
Wire baskets. While engaged in shellfishing, all shellfish must be stored in wire baskets. For noncommercial purposes, a one-peck wire basket shall be used. For commercial purposes, no basket larger than one bushel shall be used. (See § 218-22, Violations and penalties.)
All seed shellfish shall be broadcast back onto the area in which they were taken. All seed shellfish above the waterline shall be covered before leaving an area and holes filled. (See § 218-22, Violations and penalties.)
Shellfish shall not be removed from any area closed by the Division of Marine Fisheries of the Commonwealth of Massachusetts. Written permission shall be made available for inspection upon demand by any police officer, constable or other duly authorized officer or agent of the Board of Selectmen. Areas within the rotation system of the Town of Fairhaven shall be closed from time to time to allow for propagation. Rotation areas will be clearly marked, and information on closed areas may be obtained by contacting a shellfish constable or the Selectmen's office. (See § 218-22, Violations and penalties.)
A. 
Nontransferable. Permits are not transferable and may be suspended or revoked by the Board of Selectmen for any violation of the shellfish rules and regulations, MGL c. 130 or amendments thereto and subject to rules and regulations of the Town of Fairhaven. (See § 218-22, Violations and penalties.)
B. 
No person holding a commercial license shall be granted a recreational license, and no person holding a recreational license shall be granted a commercial license.
The use of a shovel or spading fork for the harvesting of shellfish is prohibited. (See § 218-22, Violations and penalties.)
Shellfish permits/licenses may be suspended and surrendered upon demand to a shellfish constable, natural resource officer, police officer or any other duly authorized officer or agent of the Board of Selectmen. Any person required to surrender his or her permit/license may, within 48 hours of such surrender, appeal to the Board of Selectmen, in writing, for a hearing. (See § 218-22, Violations and penalties.)
All persons taking or carrying away or having in their possession shellfish of any kind, in a boat or container, shall exhibit such shellfish for inspection upon demand of any shellfish constable, natural resource officer, police officer or any other duly authorized officer or agent of the Board of Selectmen. (See § 218-22, Violations and penalties.)
East Cove is to be restricted for the exclusive use of recreational shellfishing. Commercial fishing in this cove is prohibited.
A. 
Clams may be taken the first seven days of each month, from April 1 to May 7 and September 1 to December 7. (See § 218-22, Violations and penalties.)
[Amended 5-6-2006 STM by Art. 7]
B. 
Scallops may be taken November 1 through March 31. (See § 218-22, Violations and penalties.)
C. 
Oysters may be taken October 1 through March 31. (See § 218-22, Violations and penalties.)
All persons engaged in the harvesting of shellfish shall be required to submit a report indicating the amount of shellfish harvested by the species during the previous 12 months prior to December 31 annually to the Board of Selectmen's office. Subsequent permits will not be issued until the information is obtained. A catch report should be as accurate as possible. Information shall be used for future propagation and transplanting purposes. A catch report form may be obtained through the Selectmen's office or the shellfish constable.