[Amended 9-21-2004; 11-23-2005; 9-30-2010; 1-1-2016; 12-23-2020; 1-6-2022; 5-8-2024; 10-22-2025]
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.
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.
(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.
(5)
Prohibited conduct:
(a)
No person shall engage in behavior toward Natural Resource staff or other shellfishers in a manner that a reasonable person would recognize as threatening, intimidating, indecent, or aggressive.
(b)
No person shall refuse to obey lawful instructions or orders issued by Natural Resource staff, or create disturbances that impede enforcement.
(c)
No person shall, without lawful authority, directly or indirectly hinder or interfere with, or aid in hindering or interfering with, a person lawfully engaged in the process of taking shellfish.
Violations of this Subsection D(5) will result in the violator’s catch being confiscated and the violator’s shellfishing privileges being suspended for a period of no less than one shellfishing week. Subsequent offenses may result in further punishment as permitted by these regulations and other applicable law, up to and including revocation of shellfishing privileges. Any person who is issued a suspension or revocation notice will be provided with the opportunity for a hearing with the Director of Marine Environmental Affairs Department pursuant to § 407-71 of these regulations. |