[HISTORY: Adopted by the Board of Selectmen of the Town of
Orleans, effective 1-1-1993,[1] as amended through 10-29-2018 STM by Art. 23. Subsequent amendments noted where applicable.]
In these regulations, unless the context otherwise requires,
the following words shall have the following meanings:
A facultative catadromous fish of the species Anguilla rostrata.
All shellfish in each separate container.
Marine mollusks of the species Anadara ovalis and Noetia
ponderosa commonly called blood arks due to the presence of hemoglobin
in their blood.
A standard measure of volume equaling one (1) level wire
basket whose interior volume measures two thousand one hundred fifty
(2,150) cubic inches.
A quahog not able to pass through a two and three quarter
(2 3/4) inch ring.
[Added 12-3-2019; amended 7-7-2021]
A marine mollusk of the species Mya arenaria, commonly called
the "soft-shell clam."
Any bag, box, basket, cage, or other receptacle containing
shellfish.
A recreational license issued which permits a husband, wife,
and/or life partner and dependent(s), who are domiciled and living
under the same roof to harvest shellfish.
[Amended 7-7-2021]
Any device that provides accurate measurement.
A marine mollusk of the species Mytilus edilus, commonly
known as the "blue mussel."
Sodium chloride.
A marine mollusk of the species Crassostrea virginica, commonly
known as the "American oyster."
In the immediate control of a person, e.g., in a boat, car,
box, bag, etc., belonging to an individual.
A marine mollusk of the species Mercenaria mercenaria, commonly
called the "hard-shell clam."
A marine mollusk of the species Ensis directus.
A method used to harvest razor clams using a saline solution
derived solely from table salt (NaCI) and water.
A marine mollusk of the species Aequipecten irradians, commonly
known as the "bay scallop."
Clams, conchs, mussels, oysters, quahogs, razor clams or
razor fish, scallops, sea worms, whelk and winkles.
Any method of harvest of the related species from its habitat.
A standard measure of volume equaling one (1) level wire
basket whose interior volume is six hundred seventy-two (672) cubic
inches.
Seven (7) consecutive days beginning on Sunday at 12:01 a.m.
and ending on Saturday at 11:59 p.m.
A.
Types of permits: Shellfish permits shall be of two (2) types: commercial
permits, whereby the holders thereof may sell the shellfish taken
under such permits; family permits, whereby the holders thereof may
not sell shellfish taken under such permits.
B.
Possession of permit: All persons are prohibited from taking shellfish
or eels from the coastal waters of the Town without a shellfish permit.
Whoever violates any provision of this subsection shall be punished
by a fine of two hundred dollars.
C.
Transferability and carrying of permits: Shellfish permits are not
transferable and shall be carried while shellfishing. Whoever violates
any provision of this subsection shall be punished by a fine of fifty
dollars.
D.
Display of permit upon demand: All persons taking, carrying away, or having in their possession shellfish of any kind in any boat, vehicle, or container shall exhibit, on demand of the Shellfish Constable, assistants, or a police officer, their permits to take such shellfish for inspection by the Shellfish Constable, assistants, or a police officer. Whoever violates any provision of this subsection may have their permit to shellfish in the Town of Orleans suspended for a period of no less than seven (7) days, subject to the provisions of § 176-2, Subsection M, herein.
[Amended 7-7-2021]
E.
Commercial permit eligibility: Each applicant for a commercial shellfish
permit shall be a resident and domiciled in the Town for a period
of twelve (12) months prior to application; if at anytime the permit
holder should change domicile to another town, the permit holder shall
immediately notify the Shellfish Constable and the permit shall be
automatically revoked and must be surrendered to the Shellfish Constable.
In case of hardship, temporary retention or issuance of permit may
be allowed subject to approval by the Orleans Select Board based on
recommendation of the Shellfish Constable. In order to prove residence/domicile,
applicants shall provide a minimum of three (3) of the following documentary
evidence:
[Amended 7-7-2021]
(1)
A current motor vehicle driver's license;
(2)
A current motor vehicle excise tax bill issued by the Town;
(3)
A current real estate tax bill issued by the Town;
(4)
A current lease or rental agreement of the applicant's residence/domicile
in the Town;
(5)
A current voter registration certificate for the Town;
(6)
A current listing on the Town census or list of persons;
(7)
Or any other documentation as approved by the Shellfish Constable.
F.
Shellfishing rights of residents of Eastham: Domiciled persons of
Eastham shall enjoy the same right to the shellfisheries of Orleans
as they enjoyed since the incorporation of the town after first obtaining
a permit from the Town of Orleans.
G.
Commercial permit issuance (effective September 1, 2019): Applications
for commercial permits shall be submitted to the Shellfish Constable
between January 1 and March 31 annually. Applications may be subject
to a thirty-day review period. Commercial permits are valid April
1 of each year and expire on March 31 following the date of issuance.
The fee for a commercial permit for persons sixteen (16) years of
age to sixty-nine (69) years of age shall be two hundred dollars.
The fee for a commercial permit for persons seventy (70) years of
age or older shall be fifty dollars.
[Amended 10-29-2018 STM
by Art. 23; 12-3-2019]
H.
Free commercial permits: Any person domiciled in the Town of Orleans
or Eastham fourteen (14) or fifteen (15) years of age with a work
permit shall be entitled to a commercial permit free of charge. At
sixteen (16) years of age to sixty-nine (69) years of age, the regular
commercial permit fee shall be charged.
I.
Dual permit prohibition: No person holding a commercial permit shall
hold at the same time a family permit for the taking of shellfish.
Whoever violates any provision of this subsection shall be punished
by a fine of fifty dollars.
J.
Commercial permit required for dredging: Each person actively engaged
in the dredging of shellfish in Cape Cod Bay in Orleans shall hold
a commercial permit issued by the Town of Orleans. For the purposes
of this regulation, "actively engaged" shall be defined as handling
or harvesting shellfish or operating harvesting gear. Whoever violates
any provision of this subsection shall be punished by a fine of one
hundred dollars.
K.
Planting or transplanting without a permit: No person shall plant,
place or transplant shellfish in or onto the waters or shellfish areas
within the Town of Orleans without first obtaining a special permit
from the Orleans Select Board. Whoever violates any provision of this
subsection shall be punished by a fine of two hundred dollars.
[Amended 7-7-2021]
L.
Family permit issuance and fees:
Family permits are valid April 1 of each year and expire on
March 31 following the date of issuance.
A fee of twenty dollars ($20) shall be charged for a family
permit to domiciled persons of the Town of Orleans or Eastham and
for persons not domiciled but owning real estate within the Town of
Orleans.
A fee of seventy dollars ($70) shall be charged for a family
permit to persons not owning real estate in the Town of Orleans.
A fee of ten dollars ($10) shall be charged for a family permit
to domiciled persons of the Town of Orleans or Eastham and for an
individual not domiciled but owning real estate within the Town of
Orleans sixty-five (65) years of age or over.
[Amended 7-7-2021]
M.
Suspension of commercial and family permits: The Select Board may
suspend or revoke, for cause, any commercial or family permit granted
by them for such times as they shall deem proper. Due notice, in writing,
shall be given to the permit holder of said suspension. Said suspension
shall occur provided that the suspension or revocation of the right
to shellfish in either Orleans or Eastham shall result in the suspension
or revocation of the right to shellfish in both towns during the period
of any such suspension or revocation. Any person whose permit has
been suspended shall return the same to the office of the Town Clerk,
where the permit shall remain until the period for which it was suspended
has expired. No fee received for a shellfish permit which has been
suspended or revoked and canceled shall be refunded.
[Amended 7-7-2021]
N.
Fines:
(2)
Town by-law affords enforcing persons an additional option of enforcing
these rules and regulations by noncriminal disposition. If the method
of noncriminal disposition is used by an enforcing person, the specific
penalties for a violation of these rules and regulations shall be:
|
Possession of permit
|
$200
|
|
Transferability/carry permit
|
$50
|
|
Dual permit prohibition
|
$50
|
|
Commercial permit required for dredging
|
$100
|
|
Planting/transplanting without permit
|
$200
|
|
Display of shellfish (MGL c. 130, § 98)
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ARR
|
|
Closed areas
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$200
|
|
Restricted methods
|
$100
|
|
Possession of seed (per batch)
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$200
|
|
Shellfishing during nighttime
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$200
|
|
Temperature
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$200
|
|
Clam holes to be filled
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$50
|
|
Digging in sedge grass
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$100
|
|
Power dredging
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$200
|
|
Family area prohibition
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$200
|
|
Landing of shellfish
|
$200
|
|
Catch limits (commercial)
|
$200
|
|
Catch limits (family)
|
$200
|
|
Registration of commercial boats
|
$50
|
|
Mussels (§ 176-4A)
|
$100
|
|
Eels (§ 176-4B)
|
$100
|
|
Whelk (§ 176-4C)
|
$200
|
|
Failure to tag
|
$100
|
|
Scallops
| |
|
Closed seasons
|
$200
|
|
Hours
|
$200
|
|
Landing in totes
|
$50
|
|
Catch limits
|
$200
|
|
Landing locations
|
$200
|
|
Possession of seed (per batch)
|
$200
|
|
Landing in shell
|
$200
|
|
Dredge frame sizes
|
$50
|
|
Snorkeling/diving
|
$100
|
|
One trip per day per boat
|
$100
|
|
Returning to waters prohibited
|
$200
|
B.
Display of shellfish upon demand: All persons taking, carrying away, or having in their possession shellfish of any kind in any boat, vehicle, or container shall exhibit, on demand of the Shellfish Constable, assistants, or a police officer, all shellfish in their possession for inspection by the Shellfish Constable, assistants, or a police officer. Whoever violates any provision of this subsection may, in addition to any penalties specified in M.G.L. Chapter 130, have their permit to shellfish in the Town of Orleans suspended for a period of no less than seven (7) days subject to the provisions of § 176-2, Subsection M herein, Whoever throws or dumps overboard or into the water shellfish contained within a pail, bag, barrel or other receptacle, after having been requested or signaled by the Shellfish Constable or assistants to stand by for inspection shall be deemed to have violated this subsection.
[Amended 7-7-2021]
C.
Seizure of shellfish: All shellfish taken, held, possessed or dealt
with contrary to any section or subsection of these regulations made
under authority thereof may, in addition to any or all of the penalties
contained therein, be seized, photographed, and replanted in the waters
of the commonwealth by the Shellfish Constable or assistants.
[Amended 7-7-2021]
D.
Closed areas: The Select Board may restrict the use of areas for
the taking of all shellfish as they deem expedient, either absolutely
or generally or for some particular use, or for the taking of certain
kinds of shellfish only and allowing other kinds to be taken from
such restricted areas, and such restrictions shall have the same force
and effect as any rule or regulation made herein. No shellfish shall
be taken from any area waters of the Town of Orleans unless such areas
have been declared open for the taking of shellfish by the Select
Board. Shellfish areas that have been classified as "prohibited,"
"restricted," "conditionally restricted," or placed in a "closed"
status by the Massachusetts Division of Marine Fisheries or the Massachusetts
Department of Public Health shall also be considered closed for the
taking of all shellfish by the Orleans Select Board. All private shellfish
grant lease sites shall be closed for the harvesting of shellfish
by anyone other than the lessee or their agents.
[Amended 7-7-2021]
E.
Restricted methods: The taking of clams, quahogs, razor clams, or
mussels from the waters and flats of the Town of Orleans by any other
method than what is commonly known as the "long rake," "scratcher,"
"tongs," "pitchfork," "plunger," "clam hoe," or "salting (for razor
clams only)" is prohibited unless the taker has a special permit.
No shovel, spade, trowel or other edged tool may be used in the harvesting
of shellfish. Whoever violates any provision of this subsection shall
be punished by a fine of one hundred dollars.
F.
Possession of seed shellfish: No person shall take or have in possession seed mussels or clams less than two (2) inches in longest diameter, razor clams less than five (5) inches in longest diameter, or seed oysters less than three (3) inches in longest diameter, or seed quahogs less than one (1) inch in thickness, or whelk less than two and three-quarters (2 3/4) inches shell width, or seed scallops as defined in § 176-4F, exceeding five percent (5%) by number of any batch. All shellfish shall be culled immediately at the location of harvest and all seed shall be returned to the water in the immediate area from which it was taken. Whoever violates any provision of this sub-section shall be punished by a fine of two hundred dollars per offense.
[Amended 7-7-2021]
G.
Shellfishing during the nighttime: No person shall dig, take or carry
away any shellfish or shells between the hours of one-half (1/2) hour
after sunset and one-half (1/2) hour before sunrise by any method
whatsoever, from any water, flat or creek of the Town of Orleans.
Whoever violates any provision of this subsection shall be punished
by a fine of two hundred dollars.
H.
Temperature restrictions: No person shall harvest any shellfish,
with the exception of mussels, eels, and razor clams when the air
temperature is below twenty-eight (28) degrees Fahrenheit. Whoever
violates any provision of this subsection shall be punished by a fine
of two hundred dollars.
I.
Clam holes shall be filled: All holes dug while harvesting shellfish
shall be refilled and all seed shall be replanted immediately. Whoever
violates any provision of this sub-section shall be punished by a
fine of fifty dollars.
J.
Digging in the sedge grass: There shall be no digging of shellfish
in the sedge grass (spartina). Whoever violates any provision of this
subsection shall be punished by a fine of one hundred dollars.
K.
Power dredging: Power dredging shall be restricted to the waters
of Cape Cod Bay and to the taking of bay scallops in other town waters.
The Town of Orleans prohibits the use of hydraulic dredging, hydraulic
jetting, or any means similar thereto for the harvesting of any species
of shellfish within Town waters. Only vessels permitted by the state
to harvest surf clams may operate a hydraulic dredge in the waters
of Orleans seaward of "the spire line" from Jeremy Point, Wellfleet,
to the "Spire" in Brewster. Dredging for surf clams is prohibited
shoreward of "the spire line" from Jeremy Point, Wellfleet, to the
"Spire" in Brewster 24 hours per day/365 days per year in Orleans
(see Appendix 1 for GPS coordinates[1]). A state-permitted vessel hydraulically dredging for
surf clams (Spisula solidissima) in Town waters may not retain incidental
catch of any Town regulated species of shellfish.
A vessel with the means to operate a hydraulic dredge on board
shall not possess any Town-regulated species of shellfish besides
surf clams in the Town of Orleans.
[1]
Editor's Note: Appendix 1 is on file in the Town offices.
L.
Family permit areas described: The following areas shall be designated
as "Family Permit Only Areas:"
(1)
Yacht Club Area: The area in Town Cove, south of an imaginary line
from the seaward end of the Cove Road municipal pier to the sign posted
in the southeast corner below Sea Call Farm. The Yacht Club Area shall
be open annually for the taking of shellfish by family shellfish permit
holders on Wednesdays and Sundays only, during the period from the
third Sunday in September to the third Sunday in May, inclusive. This
area shall be closed for the taking of shellfish at all other times.
[Amended 12-3-2019]
(2)
Asa's Area: the Town Cove, from the end of Asa's Landing Road, going
west along the shoreline to the point of rocks, out to a depth of
three (3) feet measured at mean low tide.
(3)
Mill Pond Area: the Mill Pond, from the boat launching ramp at the
end of Mill Pond Road, going west along the shoreline to a sign posted
at the point, at the entrance to Little Mill Pond, and out to a depth
of three (3) feet measured at mean low tide.
(4)
Lonnie's Pond Area: Lonnies Pond, from the boat launching ramp, going
south along the shoreline to the mouth of the Herring Run, and out
to a depth of three (3) feet measured at mean low tide.
(5)
Quanset Pond Area: the entire shoreline of Quanset Pond out to a
depth of three (3) feet measured at mean low tide.
M.
Family area prohibition: Persons holding a commercial permit shall
be prohibited from shellfishing in all areas designated for family
permit holders only. Whoever violates any provision of this subsection
shall be punished by a fine of two hundred dollars.
N.
Landing of shellfish: All shellfish commercially harvested in the Town of Orleans, except for scallops as provided for in § 176-4, Subsection D(5), shall be landed at the following locations unless the Shellfish Constable is notified of an alternate location at least twenty-four (24) hours prior to landing: Quanset Pond Landing, Portanimicut Landing, Namequoit Landing, Arey's Pond Landing, Lonnie's Pond Landing, River Road Landing, Sparrowhawk Landing, Barley Neck Landing, Route 28 Landing, or Meetinghouse Pond Landing in the Pleasant Bay estuary; Cove Road Landing, Goose Hummock Landing, Asa's Landing, Snow Shore Landing, Priscilla Landing, Mill Pond Landing, Tonset Road Landing, Collins' Landing, Hemenway Landing, or Salt Pond Landing in the Nauset estuary; Rock Harbor or Skaket Beach in Cape Cod Bay. Whoever violates any provision of this subsection shall be punished by a fine of two hundred dollars.
O.
Commercial permit catch limits: The following catch limits shall
apply to holders of commercial permits:
(1)
No person having a valid commercial permit from Orleans or Eastham may take daily from the Nauset estuary, Pleasant Bay estuary, or Cape Cod Bay, except as provided for in § 176-3O(2) herein, in excess of the following: two (2) bushels of quahogs with the option of two (2) additional separate bushels of strictly chowder quahogs; ten (10) bushels of mussels; three (3) bushels of razor clams; ten (10) bushels of ark clams (including shells); or may take weekly in excess of one (1) ten-quart pail-full of oysters for family use only. Said limits shall be subject to resource assessments. In addition, no such permit holder shall have in his possession while in, on, or adjacent to the waters or flats of the Town, or at any landing within the Town, shellfish in excess of the above specified limits.
[Amended 12-3-2019]
P.
Family permit catch limits: The taking of shellfish by family permit holders shall not exceed one (1) ten-quart pailfull of any and all kinds of shellfish per week, except for mussels, the taking of which shall not exceed one-half (1/2) bushel per week. During the season specified for the harvesting of scallops in § 176-4, Subsection D, family permit holders shall be allowed one (1) bushel of scallops per week. A week in this context shall begin on Sunday at 12:01 a.m. and end on Saturday at 11:59 p.m. Whomever violates any provision of this subsection shall be punished by a fine of fifty dollars.
[Amended 7-7-2021]
Q.
Registration of commercial boats: Any boat engaged in commercial
shellfishing in the Town of Orleans shall be registered or documented
in the Town of Orleans or Eastham, and the owner shall hold a valid
commercial permit issued by the Town of Orleans. Whoever violates
any provision of this subsection shall be punished by a fine of fifty
dollars.
A.
Mussels; culling; dragging; restricted areas.
(1)
All mussels shall be culled, and all mussels less than two (2) inches
in longest diameter shall be returned to the water in the immediate
area from which they were taken.
(2)
Dragging for mussels shall be allowed by special permit only, issued
by the Shellfish Constable, from October 1 to March 31.
B.
American eels; size restrictions, methods, limits.
[Amended 12-3-2019]
(1)
No person shall have in possession any eel less than nine (9) inches
in overall length.
(2)
Eels
may be taken by pot, trap, hook, line, or spear only. No other methods
shall be employed, except by special permit from the Select Board.
[Amended 7-7-2021]
(3)
A family shellfish permit holder may take no more than twenty-five
(25) eels per week.
(4)
Any person who sets five (5) or more pots must hold a valid Orleans
commercial shellfish permit. All pots shall be registered annually
with the Orleans Shellfish Department.
C.
Whelks/conchs; size restrictions, season.
D.
Scallops; seasons; hours; tote requirements; catch limits; landings;
possession of seed; etc.
(1)
The following seasonal restrictions shall apply to the harvest of
scallops by any commercial or family permit holder:
(a)
The waters and flats of Cape Cod Bay in the Town of Orleans
shall be open for the taking of scallops annually from October 1st
through March 31st of the following year. The taking of scallops shall
be prohibited in Cape Cod Bay between April 1st and September 30th,
inclusive.
(b)
The waters and flats of the Nauset estuary shall be open for
the taking of scallops annually from the third Sunday in October through
March 31st of the following year. The taking of scallops shall be
prohibited in the Nauset estuary between April 1st and the third Saturday
in October, inclusive.
(c)
The waters and flats of Pleasant Bay in the Town of Orleans
shall be open for the taking of scallops annually from November 1st
through March 31st of the following year. The taking of scallops shall
be prohibited between April 1st and October 31st, inclusive.
(2)
Hours for scalloping shall be from one-half (1/2) hour before sunrise
until 4:00 p.m., seven (7) days per week. Whoever violates any provision
of this subsection shall be punished by a fine of two hundred dollars.
(3)
All scallops taken by commercial permit holders shall be landed in
plastic totes measuring eighteen (18) inches long by twelve (12) inches
wide by ten and five tenths (10.5) inches deep, inside measurements,
and containing two thousand two hundred sixty-eight (2,268) cubic
inches. Whoever violates any provision of this subsection shall be
punished by a fine of fifty dollars.
(4)
The following catch limits shall apply to the commercial harvest
of scallops:
(a)
The daily commercial limit of scallops taken in Cape Cod Bay
shall be ten (10) level totes per day per permit holder, and there
shall be a maximum of two (2) commercial permit holders allowed per
boat. If two (2) limits are to be harvested, both commercial permit
holders must be actively engaged in the harvesting. For the purposes
of this regulation, "actively engaged" shall be defined as handling
or harvesting scallops or operating harvesting gear.
(b)
The daily commercial limit of scallops taken in the Nauset estuary
shall be five (5) level totes per day per permit holder, and there
shall be a maximum of two (2) permit holders per boat. If two (2)
limits are to be harvested, both commercial permit holders must be
actively engaged in the harvesting. For the purposes of this regulation,
"actively engaged" shall be defined as handling or harvesting scallops
or operating harvesting gear.
(c)
The daily commercial limit of scallops taken in Pleasant Bay
shall be five (5) level totes per day per permit holder, and there
shall be a maximum of two (2) permit holders per boat. If two (2)
limits are to be harvested, both commercial permit holders must be
actively engaged in the harvesting. For the purposes of this regulation,
"actively engaged" shall be defined as handling or harvesting scallops
or operating harvesting gear.
(5)
Scallops taken in Cape Cod Bay in the Town of Orleans shall be landed
at Rock Harbor. Scallops taken from Pleasant Bay shall be landed at
Quanset Pond Landing, Portanimicut Landing, River Road Landing, Meetinghouse
Pond Landing, or Mill Pond Landing. Scallops taken from Nauset Harbor
shall be landed at Goose Hummock Landing, Cove Road Landing, or Asa's
Landing. Whoever violates any provision of this subsection shall be
punished by a fine of two hundred dollars.
(6)
All scallops taken in the waters of the Town of Orleans shall be scallops with a well-defined, raised annual growth ring and that ring shall measure at least ten (10) millimeters from the hinge of the shell. Scallops that have a raised annual growth ring located less than ten (10) millimeters from the hinge of the shell shall be lawful to harvest and possess if the shell height is at least two and one-half (2.5) inches. Any scallop that does not meet the aforementioned requirements shall be deemed a seed scallop and shall be returned to the water immediately. Whoever violates any provision of this subsection shall be punished in accordance with § 176-3, Subsection F.
[Amended 12-3-2019]
(7)
All scallops shall be taken to shore in the shell. Whoever violates
any provision of this subsection shall be punished by a fine of two
hundred dollars.
(8)
The presence of a scallop dredge overboard at any time shall be considered
evidence of intent to take scallops.
(9)
Scallop dredge frames shall not measure more than thirty-six (36)
inches in width, except for Cape Cod Bay where maximum width is sixty
(60) inches. Whoever violates any provision of this subsection shall
be punished by a fine of fifty dollars.
(10)
No scallops shall be taken by scuba, snorkel, or any other means
of diving except in designated areas. Whoever violates any provision
of this section shall be punished by a fine of one hundred dollars.
(11)
Any boats used for commercial scalloping in the Town of Orleans
shall make only one (1) trip per day. Whoever violates any provision
of this section shall be punished by a fine of one hundred dollars.
(12)
No shellfish permit holder shall land scallops and return to
the waters for the purpose of additional scalloping without written
permission from the Shellfish Constable. Whoever violates any provision
of this section shall be punished by a fine of two hundred dollars.
E.
Razor clams; methods of harvest.
(1)
The harvesting of razor clams by salting is allowable provided there
are no other species (such as soft-shelled clams or quahogs) within
the intertidal zone of a given area. Areas of mixed species will be
assessed and determined in the sole and unfettered discretion of the
Shellfish Constable. Dry salting (salt not in a water solution), broadcast
salting (spreading dry salt over a tidal flat), or spraying of any
other solution is prohibited.
F.
Oysters; season.
(1)
The harvesting of oysters shall be prohibited annually from May 1
through October 31, inclusive.
G.
Horseshoe crabs. Being in possession of horseshoe crabs for any reason
requires a state permit. (See 322 CMR 6.34: Horseshoe Crab Management.
