[HISTORY: Adopted by the Town of Kingston, as amended through 2019. Subsequent amendments noted where applicable. The codification of the Shellfish Regulations as Chapter 464 of the Town Code was approved by the Town in 2024.]
ATTACHMENTS
Attachment 1 - Shellfishing Map
A. 
Anyone violating any provision of these Shellfish Regulations shall be subject to a penalty of $25 for each offense, $50 for each second offense, and $100 and loss of permit for one year for each third offense.
B. 
Each violation of each provision shall constitute a separate offense. For continued violations, each day or portion thereof during which a violation is continued shall constitute a separate offense.
C. 
The provisions of the Kingston noncriminal disposition regulation and MGL c. 40, § 21D, shall apply to violations of these regulations. The regulations may be enforced by the Harbormaster/Shellfish Officer, any Assistant or Deputy Harbormaster/Shellfish Officer, or any Kingston police officer.
A signed permit must be kept on the person of anyone in the act of harvesting shellfish, eels, or sea worms. This permit must be shown on demand to the Shellfish Constable or his deputies.
A. 
Any shellfish, eels, or sea worms harvested must be shown on demand to the Shellfish Constable or his deputies for inspection.
B. 
There shall never be a greater limit than eight quarts per day and 16 quarts per week per person of combined species.
C. 
The harvesting of shellfish, eels, and sea worms shall be on Sunday, Tuesday, Thursday and Saturday and shall be done between the hours of sunrise and sunset.
D. 
All shellfish and sea worms shall be dug with conventional, tined tools. No shovels or plunging devices are permitted, and digging must be by hand without the assistance of any type of power or machinery.
E. 
It is prohibited to dig or take shellfish or sea worms in grass or close to roots of any marsh.
F. 
It is unlawful to remove the shells from shellfish before leaving the digging area.
G. 
Quahogs must be one inch at the hinge; soft-shell clams must be two inches (inches) in length; oysters three inches (inches) and razor clams four inches.
H. 
No container larger than eight quarts is allowed on shore creek or inlet.
Permits are required for all persons over the age of 14. Those 14 and younger must be accompanied by a permit holder whose limit is not increased by the presence of the child.
A. 
Residents 70 years or older free, must have license;
B. 
Sixty-two to 69 years $15;
C. 
Residents under 62 years $40; nonresidents $100, which includes a parking permit conditional for Grays Beach;
D. 
Short-term lessor $300 per property;
E. 
Massachusetts resident veterans.
(1) 
Seventy years or older free, must have license;
(2) 
Sixty-two to 69 years $15;
(3) 
Under 62 years $40.
It is illegal to dig shellfish between yellow markers, buoys or 20 feet of nets. Markers indicate Town of Kingston aquaculture area. Violators will be prosecuted.
A. 
Shellfishing is closed for five days after 0.3 inch of rainfall, conditionally approved areas only.
B. 
To see if the beds are open on a given day, you must call the recorded message at (781) 585-0519.
General regulations §§ 464-1 through 464-10 also apply in the conditional rainfall area.
A. 
C — Kingston Bay Center (conditionally approved) (closed five days after greater than 0.3 inch rainfall). "The waters, flats and all tributaries of that portion of Kingston Bay in the Towns of Duxbury and Kingston, northerly of a line drawn from Peck Street in the Town of Kingston to the stone pier at Howland's Landing in the Town of Duxbury; easterly of a line drawn from the NO SHELLFISHING sign on the beach at 56 Shore Road (the Gazebo) in the Town of Kingston to Cripple Rocks to the NO SHELLFISHING sign on the beach at five Surfside West in the Town of Duxbury."
B. 
B — Boundary Lane (prohibited; no shellfish). "The waters, flats and all tributaries of that portion of Kingston Bay, in the Town of Kingston, between the sign located on the shore at the extension of Peck Street to the water's edge and the Kingston/Plymouth Town boundary marker at Boundary Lane and seaward of each sign for 200 feet."
C. 
A — Kingston Bay East (approved; no rain closure). The water, flats, and all tributaries of that portion of Kingston Bay in the Town of Duxbury and Kingston easterly of a line drawn from the sign located on the shore at the extension of Peck Street to the water's edge in the Town of Kingston to Howland Landing in the Town of Duxbury, and westerly of a line drawn from the Kingston/Plymouth Town boundary marker at Boundary Lane to Goose Point in the Town of Duxbury.
[1]
Editor's Note: See also the map included as an attachment to this chapter.