[Amended 9-30-2010; 1-5-2011; 1-1-2016; 12-23-2020]
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.
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.
[Amended 10-26-2022]
(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.
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 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. Eels or elvers less than nine inches in total length.
[Amended 11-17-2014]
[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.