[Amended 9-30-2010; 1-5-2011; 1-1-2016; 12-23-2020; 10-26-2022; 10-22-2025]
Licenses shall be subject to fees that could change annually.
A. 
Resident recreational permits: Those who pay real estate taxes or are residents, as defined, of the Town of Barnstable are entitled to a Town of Barnstable recreational shellfishing permit. This permit also allows the taking of sea worms, herring and eels for noncommercial purposes.
(1) 
Family recreational permit: issued on the basis of one per resident family, as defined.
(2) 
Individual recreational permit: issued to unmarried resident individuals over the age of 18.
(3) 
SNAP family recreational permit: issued on the basis of one per resident family, as defined, to those families enrolled in the Supplemental Nutrition Assistance Program. Proof of enrollment in SNAP must be provided upon application for this permit.
B. 
Nonresident recreational permit: issued to an individual, regardless of residency. The same conditions as resident recreational permits apply, with the exception of Town of Barnstable residency.
C. 
Senior recreational permit: issued to an individual who has attained the age of 65 and is a legal resident of, or pays real estate taxes to, the Town of Barnstable; one permit per family, as defined.
D. 
Seasonal recreational permit: issued to an individual, regardless of residency. The permit shall be effective from June 1 through August 31 for the year it was issued. The same conditions as resident recreational permits apply, with the exception of Town of Barnstable residency.
E. 
Veteran recreational permit: issued to a resident of the Commonwealth of Massachusetts who is a veteran, as defined by MGL c. 4, § 7, cl. 43rd, as amended by the Acts of 2005, Chapter 130. The same conditions as resident recreational permits apply, with the exception of Town of Barnstable residency.
F. 
Permit conditions.
(1) 
Permit expiration date: Recreational permits expire on January 15, each year, except as otherwise noted.
(2) 
Unlawful harvest without a recreational permit: No person shall take or attempt to take shellfish or sea worms within the Town of Barnstable, unless he or she is in possession of a valid Town of Barnstable shellfish permit.
(3) 
Prohibition of sale of shellfish: No person shall sell or offer for sale, for money or other consideration, any shellfish, sea worms, herring or eels, taken under a recreational permit.
(4) 
Transfer of permit: The Town of Barnstable shellfish permit is not transferable without the written permission of the Town Manager or Shellfish Constable. An illegally transferred permit shall be considered invalid.
(5) 
Child under 12: No person (child) under the age of 12 years shall be allowed to use the recreational permit unless accompanied by an adult with a valid shellfish permit.
(6) 
Guests of a recreational permit holder: A recreational permit holder may take guests to dig with them as long as only one weekly limit is taken. One limit per permit is allowed. The permit holder must be present and is responsible for any violations against the shellfish rules and regulations by the guest(s).
(7) 
The Town of Barnstable shellfish permit shall be visibly displayed to the Shellfish Constable or Deouty Shellfish Constable upon request.
(8) 
Landing restriction: All shellfish harvested under a recreational permit shall be landed in the Town of Barnstable.
(9) 
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, indecent, intimidating, 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 shellfishing.
Violations of this Subsection F(9) 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.
A. 
Harvest days. Shellfish taken under a recreational permit may be harvested on Sunday, Wednesday and Saturday and on Commonwealth of Massachusetts recognized holidays as adopted by the Town of Barnstable only, except as otherwise stated. The shellfishing calendar week consists of seven full days beginning on any Sunday and ending on the following Saturday.
B. 
Other harvest day restrictions.
(1) 
Blue mussels may be harvested daily in Barnstable Harbor.
(2) 
Sea clams may be harvested daily in the area east of a line extending from Salten Point to the Eastern Bank of Great Thatch Island, Barnstable Harbor.
(3) 
Sea worms may be taken daily.
(4) 
Scallops. (See scallop regulations.)[1]
[1]
Editor's Note: See §§ 407-9 and Art. VI of this chapter.
(5) 
Oysters. Season dates will be posted annually.
[Amended 12-4-2019]
C. 
Harvest hours. No person shall take or attempt to take shellfish or sea worms during the nighttime hours, between sunset and 1/2 hour before sunrise.
A. 
With the exception of scallops, the total amount of shellfish taken on a recreational permit in any one week shall not exceed one bushel. The recreational weekly limit for the following species of shellfish, worms and eels, in season, shall be:
(1) 
Soft shell clams: one level peck, as defined.
(2) 
Quahogs: one level peck, as defined.
(3) 
Blue mussels:
[Amended 9-21-2004]
(a) 
One level bushel, as defined, in Barnstable Harbor and Northside waters.
(b) 
One peck, as defined, in all Southside areas of the Town.
(4) 
Bay scallops: one level bushel, as defined. (See also scallop regulations.)
[Amended 12-23-2020]
(5) 
Sea scallops: one level bushel, as defined.
[Amended 12-23-2020]
(6) 
Sea clams: one level bushel, as defined.
[Amended 12-23-2020]
(7) 
Oysters: limits will be posted annually.
(8) 
Razor clams: one level peck, as defined.
(9) 
Jackknife clams: one level peck, as defined.
(10) 
Sea worms: not more than 100.
(11) 
Eels: 25 per day.
[Amended 11-17-2014]
B. 
Authorized recreational shellfish container: All shellfish harvested under a recreational shellfishing permit shall be harvested and contained in a standard ten-quart metal wire peck basket as defined. No other containers are allowed unless approved by the Shellfish Constable or a Deputy Shellfish Constable.
[Added 9-21-2004; amended 12-23-2020]
[Amended 11-17-2014; 2-25-2025; 4-9-2025]
Shellfish shall be culled and all seed returned to the waters and flats immediately. Persons shall not take or have in their possession (in basket, bucket, bag, or other container):
A. 
Soft shell clams less than two inches in longest shell diameter to the amount of more than 5% of any batch.
B. 
Quahogs less than one inch shell thickness (hinge width) to the amount of more than 5% of any batch.
C. 
Bay scallops without a well-defined raised annual growth ring to the amount of more than 5% of the total catch remaining. (See scallop regulations.)
D. 
Sea scallops less than 3 1/2 inches in diameter from the hinge to the outer edge to the amount of more than 10% of the entire lot. This tolerance of 10% shall be determined by numerical count taken at random of not less than one peck nor more than four pecks of the entire lot.
E. 
Sea clams less than five inches in longest diameter to the amount of more than 5% of any batch.
F. 
Oysters less than three inches in longest diameter to the amount of more than 5% of any batch.
G. 
Jackknife razor clams (Ensis leei) less than four inches in total shell length to the amount of more than 5% of any batch.
H. 
Eels or elvers less than nine inches in total length.
A. 
Clams and razor clams may be taken with a standard clam hoe (rake) or hand plunger in areas designated by the Town Manager. No shovels, forks or other devices or materials shall be used, unless approved by the Natural Resources Office.
[Amended 5-2005]
B. 
Quahogs and oysters may be taken by hand, rakes, tongs, dipnet and bull rake. No other device may be used, unless approved by Natural Resources.
C. 
Eels and elvers may be taken by pots, spears or angling. A recreational shellfish permit must be in possession; the limit for recreational permit holders is 10 pots; all pots and buoys are to be marked with the permit holder's name, and buoys must be painted bright green. A permit is not required to take eels for recreational use by spears or angling.
D. 
Skin or scuba diving. All persons skin or scuba diving for shellfish shall display the diver-down flag and, upon request, produce a Town of Barnstable shellfish permit.
[Amended 2-21-2013; 2-25-2025; 4-9-2025]
A. 
Temperature restriction. Dry digging for soft shell clams and quahogs is prohibited when the air temperature is 28° F. or below. Dry digging and/or dry salting for razor clams is prohibited when the air temperature is 28° F. or below. Real time temperature will be determined by the National Weather Service Station located at the Barnstable Municipal-Boardman Airport (KHYA) (https://forecast.weather.gov/MapClick.php?lat=41.6534&lon=-70.2976).
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. 
Wet storage prohibition. The wet storage of shellfish in the Town of Barnstable waters is prohibited.
F. 
Transport of seed restriction. No person shall transport or move seed shellfish of any species, except that a five-percent (by count) of seed shall be allowed as a margin of error.
G. 
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.)[1] Areas may be posted closed 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.
[1]
Editor's Note: See Art. VIII of this chapter.
H. 
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.
I. 
Destruction of shellfish or shellfish habitat. The willful destruction of shellfish and/or shellfish habitat is prohibited and shall be punishable by a fine not to exceed $1,000 per incident, and $1,000 per day for any such destruction which continues over more than a twenty-four-hour period of time.
A. 
Closed season. The harvest of scallops shall be closed (prohibited) effective April 1 annually, MGL C. 130, § 71. Open season will be posted annually.
B. 
Recreational harvest limit. One bushel per week may be harvested daily.
C. 
Minimum size limit. Only scallops with a well-defined raised annual growth ring may be taken; all other scallops will be considered seed scallops and must be returned to the water immediately, with one exception provided in 322 CMR 6.11. This exception states bay scallops that have a well-defined raised annual growth line located less than 10 millimeters (mm) from the hinge of the shell shall be lawful to harvest and possess if the shell height is at least 63.5 millimeters or 2.5 inches. It shall not be unlawful to have in possession seed scallops unavoidably left in the catch after it has been culled, to the amount of not more than 5% of the total catch remaining.
[Amended 12-23-2020]
D. 
Gear restriction. Scallops may be taken by hand, rake, dipnet and dragging in all areas that are not closed to dragging. In such areas closed to dragging, they may be taken by hand, dipnet, rakes and diving. No other devices may be used.
E. 
Dredge size restriction. No drags, dredges shall exceed 32 inches in width.
F. 
Dredging area restrictions.
(1) 
No dragging shall be permitted north of a line marked by buoys, running from the way to water at the end of Estey Avenue, to the southerly end of east jetty, and in the above area, only one bushel per permit holder may be taken per calendar week. No boats permitted in this area.
[Amended 11-8-2004]
(2) 
No dragging shall be allowed between Calves Pasture Point and the Barnstable Yacht Club pier.
G. 
Sale restriction. No scallops taken on a recreational permit shall be sold or offered for sale.
H. 
Storm policy. In the event of a storm depositing scallops on the beach, where there is no chance of said scallops being returned to the waters by tidal actions, scallops may be harvested by Town of Barnstable residents and all Town of Barnstable shellfish permit holders. Residents must provide proof of residency. Ten-bushel per day limit. Note: The harvest of any shellfish is prohibited during the nighttime hours, sunset to 1/2 hour before sunrise.
[Amended 11-8-2004; 3-14-2006; 11-17-2014]
A. 
It shall be unlawful for any person to harvest, possess or sell river herring in the Town of Barnstable or in waters under the jurisdiction of the Commonwealth of Massachusetts.
B. 
Conservation. Throwing objects into the water and/or malicious destruction of the herring and alewives is prohibited.
C. 
Unauthorized alteration of herring runs. No person shall tamper with, adjust or destroy any structure provided for the passage of herring and alewives unless authorized by the Supervisor of Natural Resources.
For recreational rules and regulations pertaining to other species including conch, whelk, ocean quahog, sea scallop, lobster, crabs and sea urchins, refer to Massachusetts General Laws Chapter 130 and Code of Massachusetts Regulations 322.