In these rules and regulations, unless the context otherwise requires, the following words shall have the following meanings and the following rules of construction shall apply:
ADULT
Any person who has reached the age of 18 years.
BLUE CRAB
A marine crustacean with the scientific name Callinectes Sapidus. Sometimes referred to as "Blue Shell Crab".
BOARD
The Board of Selectmen of the Town of Swansea.
BOAT
Watercraft of every description used, or capable of being used, as a means of transportation on water.
BUSHEL
A quantity of four pecks equivalent to 32 quarts of wet measure or a volume of 2,150.42 cubic inches.
CALENDAR WEEK
Any period of seven full days beginning on any Sunday at dawn.
CLAM
A marine mollusk of the species Mya arenaria commonly called the soft-shelled clam or steamer.
CLOSED AREA
A closed season for any or all kinds of shellfish or scallops in such waters, flats, and/or creeks deemed necessary or expedient by the Shellfish Warden subject to approval of the Board to plant, grow and protect shellfish.
CLOSED SEASON
The time during which shellfish can not be lawfully harvested.
COMMERCIAL FISHERMAN PERMIT (SHELLFISH OR SPECIALLY ENDORSED)
The permit issued by the Massachusetts Division of Marine Fisheries expressly for the purpose of harvesting shellfish to offer said for sale.
FAMILY
Shall mean, and include, a husband, wife and dependent(s) providing the husband, wife and dependent(s) are domiciled and living under the same roof and the dependent(s) has not yet reached the age of 21.
HEAD OF FAMILY
Shall be that adult person who assumes responsibility for the family.
HINGE WIDTH
The distance between the convex apex of the right shell and the convex apex of the left shell.
JUNIOR COMMERCIAL LICENSE
The license issued under the authority of the Board to residents not reaching the age of 18 and any resident not reaching the age of 23 who is enrolled as a full time undergraduate student in a college or university expressly for the purpose of harvesting commercial quantities of shellfish. Such college students shall demonstrate proof of enrollment at said college or university at the time that a Junior Commercial License is obtained.
LICENSE
The license issued under the authority of the Board expressly for the purpose of harvesting commercial quantities of shellfish.
LICENSEE
Any person to whom a license has been issued.
NON-RESIDENT
Any person who neither resides in the Town of Swansea but who is an inhabitant of the Commonwealth of Massachusetts or Rhode Island.
OYSTER
A marine mollusk of the species Crassostrea virginica commonly known as the American oyster.
PECK
A quantity of eight quarts of wet measure or a volume of 537 cubic inches.
PERIWINKLE
A marine gastropod mollusk of the species Littorina Saxatilis. It is a species of small sea snail in the family Littorinidae, the winkles or periwinkle.
PERMIT
The permit issued under the authority of the Board expressly for the purpose of harvesting recreational quantities of shellfish or scallops for domestic use only.
PERMITTEE
Any person to whom a permit has been issued and any family member listed on that permit.
QUAHOG
A marine mollusk of the species Mercenaria mercenaria commonly known as the hard-shelled clam, little neck, count neck, cherrystone or bull.
QUAHOG CLASSIFICATIONS/MEASUREMENTS
The classifications and measurements are as follows: "Little Necks" shall consist of a subset of both "Top Neck" and "Count Neck" and shall have a minimum hinge Width (as defined herein) of one inch. A "Count Neck" shall be classified as having an overall length of up to two inches. A "Top Neck" shall measure between two inches and 2 3/4 inches in overall length. "Cherrystones" shall measure between 2 3/4 inches to 3 1/4 inches in overall length. "Bulls/Chowders" Shall have an overall length of 3 1/4 inches and up. The term "Overall Length" shall be determined to be the greatest measurement between opposite ends of the shell.
RESIDENT
Any person who actually and physically resides in and demonstrates a domiciliary position within the Town of Swansea, i.e. Primary residence.
SCALLOP
A marine mollusk of the species Argopectin irradians commonly known as the Cape Cod scallop or Bay scallop.
SEED CLAM
A soft-shelled clam of a size less than two inches in the longest length.
SEED OYSTER
An American oyster of a size less than three inches in the longest length.
SEED QUAHOG
A hard-shell clam of a size less than one inch shell thickness or hinge width.
SEED SCALLOP
A cape or bay scallop without a well defined annulus or growth ring.
SEED SEA CLAM
A surf-clam of a size less than five inches in the longest length.
SHELLFISH
Shall mean, and include, soft-shelled clams, mussels, oysters, quahogs, razor clams, periwinkles, sea clams and scallops.
SUNRISE AND SUNSET
Shall be defined as that being printed in the daily newspaper and/or its respective website.
TO SHELLFISH
Shall mean to take, or attempt to take or harvest shellfish by any method or means, whether or not such method or means results in their capture.
TOWN
The Town of Swansea.