Unless otherwise identified, all cited sections refer to sections
of the Town of Nantucket Shellfishing Policy and Regulations. The
terms listed in this section, when used in the Town's Shellfishing
Policy and Regulations, shall have the meanings that follow:
A required yearly report form detailing aquaculture production
and gear summary for aquaculture licensees to submit annually.
Applicant for a commercial shellfishing permit that has never been issued a permit from the Town of Nantucket in previous years (specific requirements as defined in § 260-4.29B).
The farming of aquatic marine organisms, including, but not
limited to, fish, mollusks, crustaceans, echinoderms and plants. Farming
implies some sort of intervention in the rearing process to enhance
production, including, but not limited to, controlled propagation,
feeding and protection from predators.
An authorization, granted by a vote of the Select Board,
to utilize a specific tract of land under coastal waters:
To plant and grow shellfish in bottom or off-bottom culture;
To place shellfish in or under protective devices affixed directly
to the tidal flats or land under Nantucket's coastal waters, such
as boxes, pens, trays, bags or nets;
To harvest and take legal shellfish;
To plant cultch for the purpose of catching shellfish seed;
and
To grow shellfish by means of racks, rafts or floats (MGL c.
130, § 57 to § 68).
A designated bottom area, certified by the Department of
Marine Fisheries (DMF) and licensed by a vote of the Select Board,
on which the licensee may plant, grow and harvest shellfish (MGL c.
130, § 57 and § 68).
See "permit."
A hand-held implement used for the harvesting of shellfish,
which is similar to but longer than a standard clam hoe, which has
a basket and no more than 20 teeth, is no wider than 12 inches at
its widest part, does not have a T handle, and is only to be used
on foot.
A marine mollusk of the species Argopecten irradians.
A species of crustacean known as Callinectes sapidus.
A T-handled, hand-held and hauled implement used for the
harvesting of shellfish. It shall be 12 inches or wider and have a
fixed basket and teeth.
U.S. dry measure; 2150.42 cubic inches, or 32 quarts (see
picture in Appendix A[1]).
The incidental capture of non-target species.
A hand tool of typically eight tines or less, used to manually
bring clams to the surface of the substrate.
Any area or time period as designated by the Division of
Marine Fisheries, Select Board or their designee prohibiting the taking
of shellfish.
Code of Massachusetts Regulations.
The harvest of shellfish for sale, trade, or other consideration.
Any species known as Busycon carica (knobbed whelk) and Busycotypus
canaliculatus (channeled whelk).
The municipal employee, appointed by the Select Board, who
is in charge of administering the management of the fishery.
To remove dead, dying, undersized or otherwise unsuitable
organisms (also, the organism which is removed).
(archaic) See "(to) harvest."
The use of SCUBA, surface-supplied air, or snorkel to harvest
shellfish.
A hand-held net.
Division of Marine Fisheries.
A heavy metal frame with an attached bag, which is towed
or dragged along the seafloor to catch bottom-dwelling shellfish.
Some have metal teeth along the base of the frame that act like a
rake.
Small genus of widely distributed seagrass.
An elongated fish Anguilliformes.
A long bag-shaped fishing net held open by hoops that act
as a cul-de-sac funnel.
Eel in its transparent, post-larval stage.
See "aquaculture license/licensed area."
The transfer of shellfish to a container from the substrate
by hand or with a hand-held tool of eight tines or less.
An individual who practices handpicking.
To gather shellfish or other marine organisms in a container
of any sort after sorting and separating them from what has initially
been taken from the habitat.
An area approved for the taking of shellfish.
The land or area between the mean high and the mean low water
marks.
To bring harvested shellfish by vessel to the Town Pier and
to tie up before proceeding elsewhere; to bring harvested shellfish
ashore above the mean high water line.
A person or persons, or a firm or corporation holding a license
issued by the Select Board under the provisions of MGL c. 130, § 8.
See "license holder."
The average elevation of all high waters recorded for a particular
point or station over a considerable period of time, as determined
by the National Geodetic Survey, National Ocean Service or National
Oceanic and Atmospheric Administration; the average water level that
demarcates the transition from exposed land to submerged land at the
point of high tide.
The average height of the low waters recorded for a particular
point or station over a considerable period of time, as determined
by the National Geodetic Survey, National Ocean Service or National
Oceanic and Atmospheric Administration; the average water level that
demarcates the transition from exposed land to submerged land at the
point of low tide.
Massachusetts General Laws.
The act of piling scallops in an approved bushel box so that
the scallops exceed the legal level limit of the box.
A marine mollusk of the species Mytilus edulis.
A fall spawned scallop defined by the growth ring being less
than 10 mm from the hinge.
A marine mollusk of the species Crassostrea virginica.
A certificate issued by the appropriate authority granting
permission to engage in specific activities.
Aquaculturally reared oysters, the height of which (from
hinge to shell margin) is between 2.5 inches and three inches.
Areas in which the Natural Resources Department or department
designated by the Select Board has planted shellfish for purposes
of propagation or transplanting.
The illegal harvesting of shellfish from any area.
A marine mollusk of the species Mercenaria mercenaria, commonly
called the "hardshell clam."
67.201 cubic inches (U.S. dry measure).
Gathering oysters and/or other materials using a rake and
then transferring this accumulation to a container, vehicle or vessel.
A marine mollusk of the species Ensis directus.
Closures of both recreational and commercial shellfisheries,
which shall be noted by red flags posted by the Shellfish Constable.
A declared resident of the Town of Nantucket. Written proof
that Nantucket is the domicile as well as the legal residence of the
applicant shall be required to the satisfaction of the Select Board
or its designee. Proof of legal residence may include voter registration,
automobile registration, driver's license, income tax filings, census
data, or verification information as deemed necessary by the issuing
agency. To qualify as a resident under these regulations, an individual
must have maintained that residence for one full year.
To harvest clams with the aid of a clam rake.
Quahogs, less than one inch wide across both valves at the
hinge; soft-shell clams less than two inches in length (the largest
measurement, 90° from the hinge to outer margin of the shell);
oysters, with the exception of petites, less than three inches in
height (from hinge to outer margins of the shell); and scallops without
a defined annual growth ring.
The Nantucket Select Board; Nantucket's elected executive
board, designated by the state (MGL c. 30) as the regulatory board
that has jurisdiction over shellfishing in the Town.
Softshell clams, whelks, mussels, oysters, snails, quahogs,
razor clams (razor fish), bay scallops, sea scallops, sea clams, and
blood arks.
[322 CMR 7.01(2)(k)] Issued by DMF; authorizes only the named
individual holding a commercial fishermen permit endorsed for shellfish
and seaworms to sell shellfish and seaworms, and shall be used in
conjunction with either a Massachusetts driver's license or a Registry
of Motor Vehicles identification card.
A softshell clam of species Mya arenaria.
An oyster or similar bivalve mollusk in the larval stage,
especially when it has settled on and attached itself to a surface
on which it can then proceed to grow.
"Seed" or propagation permit as defined in MGL c. 130, § 80
and § 69 and 322 CMR 15.04(1)(b)1; authorizes the possession
and growing of seed shellfish from an approved source. May be endorsed
for the use of upwellers or similar nursery systems to enlarge hatchery
seed for planting, but not for resale. May be endorsed for the sale
of regulated species below the minimum size established by regulation
if an operational plan to control sale, shipment, tagging and record
keeping is approved by the Director.
Issued by DMF; allows an individual to take, land and sell
(to a licensed dealer) shellfish and seaworms. A state commercial
harvester license and shellfish transaction card from the Division
and Town permit are also required.
When shellfish are beached or at risk in shallow waters due
to wind-driven storm events.
The body of water or area below that of mean low water for
spring tides; habitats rarely, if ever, completely uncovered by low
tides.
A clam of the species Spisula solidissima.
To harvest.
A hand-held and hauled implement used for the harvesting
of oysters. Tongs have a scissor mechanism to close two baskets upon
themselves.
The Town of Nantucket.
See "permits"; "shellfish transaction card.'
The moving of shellfish from one area to another.
See "Constable."
Coastal waters, tidal flats, tidal creeks, and all salt water
or fresh waters within the boundaries of the Town of Nantucket.
Window weights used to make the dredge heavier.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
