A.
Any licensee or permittee who violates any of these provisions, rules
and regulations, may have their license or permit suspended or revoked
and cancelled by the Board by written notice to person to whom the
license or permit was issued. A copy of such notice shall be filed
with the Board or in the Office of the Town Clerk and shall be prima
facie evidence that such notice has been given.
B.
Licenses and permits are not transferable and no person shall amend,
alter, or, In any way, modify the information contained on a license
or permit.
C.
No licensee shall be issued nor entitled to use a similar class of
permit and no permittee shall be issued, nor entitled to use, a similar
class of license.
D.
The age, height, weight, color eyes and hair, and any other identifying
features deemed necessary by the Board, shall be plainly marked on
each license or permit for each licensee and permittee.
E.
No person shall shellfish without a valid license or permit, measuring
device or collection basket as outlined in Rules and Regulations.
F.
Every person shall have their license or permit in possession while
shell fishing and while transporting shellfish and scallops from their
beds to shore and shall on demand forthwith display the same along
with a valid driver's license or other positive identification and
catch to any Swansea Selectman, Shellfish Warden, Police Officer,
Reserve Police Officer, or any Deputy Shellfish Warden and such other
officials as the Board may, from time to time, designate as enforcing
persons.
G.
All shellfish shall be brought ashore whole and in shell.
H.
Shell fishing shall ONLY BE PERMITTED during the time period between 1/2 hour before sunrise and 1/2 hour after sunset, as defined herein; Article I General Provision" Exception: After a rain closure, on the first day of being reopened, the harvesting of shell fish shall not proceed until 8:00 a.m. Furthermore, there shall be flagpoles placed at the ends of Susan Drive and Randall Shea Road and the Swansea Boat Ramp. A GREEN FLAG shall indicate that the beds are open and a RED FLAG shall indicate that they are closed.
(1)
As of the 2011 shell fishing season, new areas have been added as
conditional areas open to shell fishing. The first of these areas
is a portion of the water way of the Coles River north of the boat
ramp and south of the Rt. 103 Bridge. This area shall be open to all
recreational permit holders, but will be open to commercial license
holders ONLY on the first open day of each month, and ONLY in DESIGNATED,
BUOYED AREAS. The commercial and recreational limits that are currently
in place for existing areas will remain in force for this area as
well. The other area new to the 2011 season is that area south of
Bay Point Road, and denoted as "The Mount Hope Bay" (sometimes referred
to as the "DMZ".) This area has a higher rain fall closure threshold
of 0.75" and may stay open when other Swansea shell fish areas are
closed. Additional red and green flags with the word "Bay" shall be
used in reference to the open/closed status of this area only. IT
IS VERY IMPORTANT TO CONSULT THE ACCOMPANYING MAPS FOR THESE ADDITIONAL
OPEN AREAS. IT WILL BE THE RESPONSIBILITY OF THE PERMIT AND LICENSE
HOLDERS TO KNOW WHICH AREAS ARE OPEN AND WHICH AREAS ARE CLOSED. PLEASE
CALL THE SHELLFISH WARDEN AT 1-508-509-0787 FOR CLARIFICATION OR QUESTIONS.
(2)
As of the 2013 shell fishing season, additional areas have been added
as conditional areas open to shell fishing. The first of these areas
is a portion of the waterway of the Coles River north of the Rt. 103
bridge and south of the Rt. 195 bridge. This area shall be open to
both recreational and commercial shellfish license holders. Both recreational
and commercial license holders shall become familiar with the MAP
outlining this area and its restrictions. The opening and closing
of this specific area shall be noted on the Swansea Police Department
website and also signified by the flying of a solid green (open) or
solid red (closed) flag located at the water's edge between #1 &
#7 Peach Street. The second of these locations is a portion of the
waterway of the Swansea side of the Lees River north of the Rt. 103
bridge and south of the tip of the peninsula of the Little Neck Avenue
neighborhood. This area shall be open to recreational and commercial
license holders. Both recreational and commercial license holders
shall become familiar with the MAP outlining this area and its restrictions.
The opening and closing of this specific area shall be noted on the
Swansea Police Department website and also signified by the flying
of a solid green (open) or solid red (closed) flag located at the
water's edge at 22 Eisenhower Road.
(3)
All Commercial and Junior Commercial shellfishing shall be done strictly
in commercial areas under commercial regulations and guidelines and
away from recreational areas. All Commercial and Junior Commercial
shellfishing for QUAHOGS shall be done from a boat with tongs or a
bullrake for safety reasons. There will be no exceptions to these
rules.
(4)
Oysters SHALL NOT BE HARVESTED during the months of MAY, JUNE, JULY,
& AUGUST. Oysters under three inches in length shall not be harvested
at any time and shall be deemed seed oysters.
(5)
SCALLOPS SHALL NOT BE HARVESTED FROM APRIL 1st thru SEPTEMBER 30th.
(6)
All scallops taken from the waters must be ADULT SCALLOPS with a
WELL-DEFINED GROWTH RING OR RAISED ANNULUS. Any scallop without such
a line shall be deemed a seed scallop. No person shall land or possess
scallops without a well-defined growth line AND THAT GROWTH LINE SHALL
MEASURE AT LEAST 10 MM (0.39") FROM THE HINGE OF THE SHELL. EXCEPTION:
Bay scallops that have a well-defined raised annual growth line located
less than 10 mm from the hinge of the shell (also known as the "nub"),
shall be lawful to harvest and possess if the shell height is at least
63.5 mm or 2.5 inches.
(7)
There will be no dredging of any shellfish in the Swansea Waters
unless permitted by the Shellfish Warden under "special circumstances."
I.
No person shall shellfish in a closed area.
J.
While shell fishing, all shellfish shall be IMMEDIATELY culled and
all seed returned to the waters and flats and no person shall move
or transport seed of any kind without first obtaining written permission
from the Director of the Massachusetts Division of Marine Fisheries
and the Swansea Shellfish Warden.
K.
No person shall take, or have in their possession, seed clams, seed
oysters, seed quahogs, seed scallops or seed sea clams except that
a 5% by count of seed shall be allowed. The intent is to provide an
acceptable percentage of "missed" seed shellfish through normal harvesting.
Recreational permit holders shall be required to have on their person
a standard Massachusetts shellfish sizing ring (one inch minimum hinge
width for Quahogs and two inch minimum length for Softshell/Steamer
Clams). Furthermore, all Recreational permit holders shall be required
to utilize a standard "1 Peck" Wire basket while harvesting Softshell/Steamer
Clams and shall utilize the same or a 1 peck wire basket while harvesting
quahogs, razor clams, and oysters.
L.
Clams, scallops, oysters, and razor clams shall only be taken by
a clam fork, clam rake or by hand. No shovel, plunger or other device
or method shall be used.
M.
Mussels shall only be taken by hand, hand rake, bull rake or tongs.
No other device or method shall be used.
N.
Oysters shall only be taken by hand, hand rake, bull rake or tongs.
No other device or method shall be used. Oyster Relay Areas shall
only be harvested by hand rake or tongs. No other device or method
shall be used and oysters will be culled immediately over relay bed.
(If applicable.)
O.
Quahogs shall only be taken by hand, hand rake, bull rake or tongs.
No other device or method shall be used.
P.
Periwinkles shall only be taken by hand or hand rake.
Q.
There shall be no dredging of any kind regarding the harvesting of
any shellfish referred to in this document without the permission
of the Dept. of Marine Fisheries and the Shellfish Warden. *No mechanical
devices of any kind shall be used in the direct harvesting of shellfish.
(*Mechanical assistance will be allowed in the aid of removing
of a bull rake, if needed, after a particular dig is complete.)
R.
No person shall shellfish or scallop within 100 feet of any municipal
aqua cultural enterprise or in any other way disturb the growth of
shellfish or scallops contained in, or on, the racks, rafts, trays
or floats of a municipal aqua-cultural enterprise so plainly marked.
No person shall take, or directly or indirectly injure, the shellfish
or scallops contained in, or on, aqua cultural devices so mentioned.
No person shall injure, deface, destroy, remove or trespass upon any
municipal aqua cultural device or any mark or bound used to define
the extent of the municipal aqua cultural enterprise, or tie or fasten
any vessel thereto, or injure, deface, destroy, remove or trespass
upon any materials used as part of, or In conjunction with, any municipal
aqua cultural or propagative enterprise so plainly marked.
S.
The destruction of shellfish beds and scallop beds and marshland,
while shell fishing or scalloping is strictly prohibited.
U.
No person shall harvest shellfish within three feet of coastal grasses
(eel, crab, or marshland grasses). Anyone harvesting Soft shell/Steamer
clams and razor clams shall fill in all holes to the best of their
ability before leaving the area.
V.
No person shall come ashore with shellfish and thereafter (later)
on the same day return to the waters of the Town for the purpose of
harvesting additional shellfish. The Board hereby authorizes the enforcing
authorities' discretion in the enforcement of this provision.
A.
The names of family members qualifying to use a family permit shall
have their names plainly marked on the permit.
B.
Family permits are only valid for those persons listed on the permit.
C.
No more than one permit/license of any one class shall be issued
to a family.
D.
Senior Citizen Resident Permit is valid only for the senior citizen
to whom the permit is issued and spouse who shall have their name
listed on the permit.
E.
No more than one class of Senior Citizen Resident Permit shall be
issued to any one senior citizen, including spouse.
F.
Non-Resident Family Shellfish Permits, Resident Family Shellfish
Permits and Senior Citizen Resident Shellfish Permits are valid for
any one year during the shell fishing season as established by the
Board.
G.
Non-Resident Family Scallop Permits, Resident Family Scallop Permits
and Senior Citizens Scallop Permits are valid only during the period
of October first of any one year to the succeeding March 31st inclusive
unless the scallop closed season is modified by the Board as provided
under MGL c. 130, § 73.
H.
Fourteen Day Citizen's Family Shellfish Permits are valid only during
the period from the date of issuance hence for 14 days inclusive.
I.
Not more than one peck of clams and one peck of razor clams including
shells shall be taken during any one calendar day on any one permit
and no more than one peck in any calendar week.
J.
Family Permit for mussels shall be one bushel per day and one bushel
per week.
K.
Not more than one peck of oysters including shells shall be taken
during any one calendar day and no more than one peck per calendar
week on any one permit.
L.
Not more than one Peck of quahogs, including shells, shall be harvested
in any one calendar day and not more than one peck of quahogs, including
shells, shall be harvested in any one calendar week. Said peck shall
consist of a random variety of legal sized Bulls/chowders, cherrystones,
top neck and count neck, with no specific size requirement by percentage.
In accordance with MA General Law, every attempt should be made to
not sort through the dig, by returning undesirable sized quahogs back
to the shellfish beds.
M.
Not more than one peck of scallops including shells shall be taken
during any one calendar week on any one permit.
N.
Not more than one bushel of sea clams including shells shall be taken
during any one day on any one permit and not more than two bushels
of sea clams including shells shall be taken during any one calendar
week on any one permit.
O.
No permittee will sell, or offer for sale, for money or other considerations,
any shellfish and scallops.
P.
The harvesting of periwinkles shall be unlimited unless otherwise
restricted by Massachusetts State Law.
Q.
The harvesting of male blue or blue shell crabs shall be unlimited
unless otherwise restricted by Massachusetts State Law. A minimum
spine to spine width shall be five inches.
R.
Any Harvesting of Quahogs from a boat on a recreational permit shall
be done in four feet of water or greater. Four feet at low tide.
A.
Fisherman's and Special Fisherman's Licenses are valid only for the
one person to whom the license is issued.
B.
Fisherman's and Special Fisherman's Shellfish Licenses are valid
for any one year during the shellfish season as established by the
Board.
C.
Scallop Fisherman's Licenses are only valid during the period of
October 1st of any one year to December 1st, inclusive, unless the
scallop closed season is modified by the Board as provided under Chapter
130 of Massachusetts General Laws.
D.
No more than one class of license shall be issued to any one resident.
E.
Special/Junior Fisherman's Shellfish Licenses are not valid during
school hours.
F.
No Shellfish shall be removed from the shores of any area of the
Town by any licensee unless the container thereof has been tagged
and labeled, with said tag or label to bear thereon, the quantity
of shellfish or scallops contained therein and the size or sizes of
shellfish contained therein.
G.
Not more than one peck of clams including shells shall be taken during
any one calendar day or one peck per calendar week on any one license.
H.
Fisherman's and Special Fisherman's Shellfish License daily mussel
limit shall be five bushels.
I.
Not more than one peck of oysters including shells shall be taken
during any one week on any one Shellfish Fisherman's License. Season
closed May - August.
J.
Not more than one peck of oysters including shells shall be taken
during one week on any one Junior Fisherman's Shellfish License.
K.
Not more than two level bushels of quahogs (including shells) shall
consist of little necks, top necks, count necks or cherrystones in
any one day on any one Commercial Shell Fisherman's license. Notwithstanding
these amounts, an additional four level bushels of quahogs (including
shells) will be allowed to be harvested, provided they consist strictly
of bulls/chowders. As of July 1, 2013, the Commercial daily limit
for bulls/chowders shall be changed to three level bushels and shall
remain at that level unless otherwise changed by the shellfish warden.
L.
Not more than one level bushel of quahogs (including shells) shall
consist of little necks, top necks, count necks or cherrystones in
any one day on any one Junior Commercial Shell Fisherman's license.
Notwithstanding these amounts, an additional one level bushel of quahogs
(including shells) will be allowed to be harvested, provided they
consist of strictly bulls/chowders.
M.
Not more than one peck of scallops including shells shall be taken
during any one day on any one Scallop Fisherman's License.
N.
The commercial harvesting of Quahogs shall not take place in waters
less than four feet in depth at any point established at mean low
tide unless otherwise designated within these rules and regulations.
This shall be strictly enforced. The reasoning is to preserve the
recreational portion of the shellfish beds. The board shall reserve
the right to limit or restrict shell fishing in areas which they determine
to be recreational swimming areas. Certain areas may be added by the
Shellfish Warden to allow commercial shellfishing in water less than
four feet at low tide.
O.
All commercial catches and junior commercial catches shall be submitted
via a daily call to the Shellfish Warden. In addition to this, it
shall be required that the shellfish Warden be supplied with a copy
of the yearly catch report submitted to the Commonwealth of Massachusetts
by both Commercial and Junior Commercial shell fishermen by December
31st showing the total harvest of each Commercial and Junior Commercial
shell fisherman for the preceding licensed period (February through
November of that year). License renewal for the next season will not
be permitted until the shellfish warden confirms receipt of such harvest
report.
Knowledge of, and adherence to these rules and regulations,
are the sole responsibility of the license/permit holder.
