[Amended 9-21-2004; 11-23-2005; 9-30-2010; 1-1-2016; 12-23-2020; 1-6-2022; 5-8-2024]
A. Town of
Barnstable commercial shellfishing permits are granted under the authority
of the Town Manager for the taking of shellfish for sale or other
consideration, issued to persons, having attained their 16th birthday
and who are domiciled in the Town of Barnstable. When the holder of
a Town of Barnstable commercial shellfish permit is no longer domiciled
in the Town of Barnstable, said Town of Barnstable commercial shellfish
permit shall be void.
(1) Limitation of available licenses. Commercial shellfishing licenses
shall be issued each year only to commercial shellfish license holders
of the preceding year, who apply for license renewal. Commercial shellfish
license renewals must be applied for between January 1 and January
31.
(2) Commercial shellfishing license procedure:
(a)
New commercial shellfishing permits may be issued at the rate
of one new permit for every non-renewed permit, or permit that is
void as a result of other causes (i.e., forfeiture, death, etc.).
(b)
If a commercial permit becomes void as a result of death, the permit may be inherited by one individual next of kin. Within 30 days of the death of the commercial permit holder the individual next of kin must: notify the Town of the death of the commercial permit holder, complete a Town of Barnstable commercial shellfish permit application, prove to the satisfaction of the licensing authority that they are a bona fide, principally domiciled resident in the Town of Barnstable and have been principally domiciled within the Town for at least 12 consecutive months prior to the date of application for inheritance, pay the appropriate fee in full for the commercial permit as determined in §
407-12D(1) and procure a Commonwealth of Massachusetts commercial shellfishing permit. Failure to meet these requirements within the 30 days will result in the permit being offered to the lottery under §
407-12A(2)(d).
(c)
To become eligible for a new commercial permit you must apply,
pursuant to these regulations, between January 1 and January 31 and
pay the non-refundable $5 application fee. Upon the hand delivery
of a completed legitimate application, and payment of the fee, the
applicant's name will be entered into a lottery. On February 18, the
applicant names will be drawn by lottery to determine the sequential
chronological order that applicants acquire a permit. On February
18, the Natural Resources Office shall post on the bulletin board
outside its building, on Phinney's Lane, a chronological list of applicants
as determined by lottery eligible for a commercial permit as determined
by vacancy.
(d)
If an existing commercial permit becomes void and is not subject
to inheritance, during the calendar year (January 1 through December
31) for which the permit was issued, the next eligible applicant as
determined by the lottery will be notified, by mail, of the availability
of a permit. The applicant shall have 10 business days from the date
of notification to pay the balance of the permit fee or the permit
will be offered to the next eligible applicant as determined by the
lottery. The applicant will be notified by Natural Resources when
the new permit is available to be picked up. New permits shall be
issued for a given commercial shellfishing permit year (April 1 through
March 31). The applicant list shall be dissolved each year as of December
31.
(3) Note: If any dates stated in §
407-12A fall on a Saturday, Sunday or holiday recognized by the Town of Barnstable, the next Marine and Environmental Affairs Department business day shall apply.
B. Commonwealth of Massachusetts commercial shellfishing permit. This
permit is required by Massachusetts General Law to dig or take shellfish
within the Commonwealth of Massachusetts for commercial purposes and
required prior to issuance of the Town of Barnstable commercial shellfish
permit.
C. Apprentice commercial shellfishing permit. The Town Manager or Shellfish Constable may issue an apprentice commercial shellfishing permit to a resident child who is sponsored by a Town of Barnstable commercial shellfishing permit holder or Town of Barnstable commercial shellfish permit holders. Said child must be under the age of 18. The apprentice shall assist only the sponsor(s), and only in the harvest of the sponsor's catch limit(s). The apprentice shall not harvest shellfish without the accompaniment of a sponsor. Upon completion and documentation to the satisfaction of the Shellfish Constable of 400 hours of having worked under the tutelage of the sponsor(s) and documentation of successful completion of a Coast Guard boaters safety course, the apprentice commercial shellfishing permit holder may apply for a Town of Barnstable commercial shellfishing permit pursuant to these rules and regulations. The allowances to an apprentice permitted under this regulation are distinct and separate from the stipulations that apply to new applicants under Subsection
A(2) above. After five years of holding a Town of Barnstable commercial shellfish permit as a result of having completed the apprenticeship, the commercial permit shall be added to the closed commercial fishery and subject to Subsection
A(2) above.
D. Permit conditions.
(1) Commercial shellfishing permit fees:
(b)
Age 65 or older, Master Senior: $350.
(2) Commercial shellfishing permits expire on March 31 each year.
(3) Unlawful harvest without a commercial shellfishing permit. No person
shall take or attempt to take shellfish for sale or other commercial
purpose, unless said person is the holder of a valid Town of Barnstable
commercial shellfish permit. It shall be prima facie evidence that
persons shellfishing on a Town of Barnstable commercial shellfish
permit are utilizing said permit for commercial purposes and are subject
to all regulations governing such use. This shall not apply to aquaculture
license holders while on their licensed site.
(4) Assisting in commercial harvest prohibited. A person shall not assist
in the commercial harvest or culling of shellfish unless said person
holds a Town of Barnstable commercial shellfish permit, unless otherwise
stated.
[Amended 9-30-2010; 1-6-2022]
A. Each applicant for a Town of Barnstable commercial shellfish permit
shall fill out and submit an application form, provided by Natural
Resources, and an application fee of $5; said fee is not refundable
but will be applied to the permit fee when said permit is picked up.
Attached to the application shall be a copy of:
(1) Commonwealth of Massachusetts commercial shellfish permit, valid
for the year being applied for.
(2) Documentation to verify the applicant is domiciled in the Town of
Barnstable. This may be current real estate tax bill, mortgage statement
or residential lease and copy of motor vehicle registration. (A driver's
license is not proof of domicile.) The burden of proof is on the applicant.
(3) Note: Chapter
121, Article
I, of the Code of the Town of Barnstable provides that any license or permit may be denied or revoked for nonpayment of taxes, fees, assessments, betterments or other municipal charges.
B. Application
window. Each applicant for a Town of Barnstable commercial permit
must apply for said permit between January 1 and January 31 annually.
Applications will not be accepted after January 31. After paying the
initial application fee of $5 for the commercial permit, the applicant
must pick up and pay in full for said permit within 90 days after
closing of the application window.
C. Address change. Should any commercial permit holder's address change
during the commercial permit year, they must contact Natural Resources
in writing with said address change.
D. Note: If any dates stated in Regulation 407-12A fall on a Saturday,
Sunday or Holiday recognized by the Town of Barnstable, the next Marine
Environmental Affairs Department business day shall apply.
[Amended 2-21-2013; 5-8-2024]
A. Temperature restrictions. Dry digging for soft shell
clams and quahogs is prohibited when the air temperature is 28°
F. or below. However, the commercial harvest of mussels, the subtidal
harvest of quahogs and the use of the hydraulic method or a hand plunger
to subtidally harvest soft shell clams, jackknife clams (Ensis leei)
and common razor clams (Tagelus plebeius) on the Southside will be
allowed.
B. Backfilling of dig holes. All dig sites shall be backfilled
when dry digging all shellfish.
C. Mainland thatch conservation. The digging of shellfish
in the thatch (grass) on the mainland shore is prohibited. Dig sites
in the thatch on flats and islands shall be repaired.
D. Shucking restriction. All shellfish harvested shall
be brought ashore in the shell.
E. Transport of seed restriction. No person shall transport
or move seed clams, quahogs, or scallops, except that a five-percent
(by count) of seed shall be allowed as a margin of error.
F. Area closures. No person shall take or attempt to
take shellfish from a closed area with the exception of scallops.
Shellfishing for any purpose is prohibited in these areas. (See also
Shellfish Area Status 2.) Areas may be posted from time to time by
Natural Resources or the Board of Health due to high concentrations
of seed, point source pollution or health hazard, propagation projects
or other purpose. The taking of shellfish from these areas is prohibited.
Also, the taking of shellfish from any shellfish culturing gear or
tampering with said gear deployed by public and/or private entities
on approved designated areas is prohibited. Said approved designated
areas shall be considered closed areas.
G. Inspections. All shellfish and sea worms harvested
in the Town of Barnstable are subject to inspection. Failure to display
shellfish upon demand of enforcement personnel shall be a violation.
H. Destruction of shellfish or shellfish habitat. The
willful destruction of shellfish and/or shellfish habitat is prohibited.