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.
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.
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.)
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.
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.