A.
All commercial shellfishing permit conditions, general
commercial shellfishing rules and regulations and shellfishery conservation
and management regulations apply. In addition, the following conditions,
rules and regulations apply.
B.
Minimum size limit. 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) soft shell clams less than two inches in longest diameter
to the amount of more than 5% of any batch.
C.
Commercial soft shell clam harvest limit. The total
daily limit of soft shell clams, commercial harvest, shall not exceed
three level tote baskets, as defined, whether harvested in the Northside
or Southside areas, open for commercial harvest.
A.
Harvest restrictions in the intertidal zones. The
commercial harvest of soft shell clams by dry digging on the Southside
of the Town of Barnstable is prohibited. The commercial harvest of
soft shell clams from the intertidal area, that area between mean
low-water line and the mean high-water line, or any flat or beach
area which is exposed at low tide, is strictly prohibited, unless
otherwise stated.
B.
Harvest days/hours. The commercial harvest of soft
shell clams on the Southside of the Town of Barnstable shall be allowed
on Monday through Saturday, November 1 through May 31; and Monday
through Friday, June 1 through October 31. The harvest of shellfish
by the hydraulic method is prohibited from 1/2 hour before sunset
until 7:30 the following morning.
C.
Hydraulic method or hand plunger shall be used for
the commercial subtidal harvest of soft shell clams, jackknife clams
and common razor clams only on the Southside of Town. The harvest
of other species of shellfish utilizing the hydraulic method is prohibited.
(1)
Tide/depth restriction. The harvest of subtidal soft
shell clams by either method is prohibited from two hours after low
tide to two hours prior to the next low tide, based on Boston Tide
Calendar issued by Natural Resources. The harvest of subtidal soft
shell clams is prohibited in less than two-foot depth of water, unless
otherwise stated.
(2)
Harvest of subtidal soft shell clams, Shoestring Bay, Popponesset
Bay and the Marstons Mills River (subject to state closures): subject
to current hydraulic/plunging regulations, except that the harvest
of subtidal soft shell clams is prohibited in less than one-foot depth
of water and is prohibited on any flat or beach area which is exposed
at low tide or posted by Natural Resources. The harvest by either
method is prohibited from two hours after low tide to two hours prior
to the next low tide, based on the Boston Tide Calendar issued by
Natural Resources.
[Amended 12-1-2018]
(3)
Hydraulic method helper. Commercial permit holders utilizing the
hydraulic method to harvest soft shell clams shall be allowed one
helper. Said helper shall at all times be in the immediate company
of and under the direct supervision of the hydraulic permit holder
while harvesting shellfish. The helper shall be required to hold a
Commonwealth of Massachusetts commercial shellfish and seaworms permit.
All helpers must present their valid Massachusetts commercial shellfish
and seaworms permit, in person, to the Natural Resources Office prior
to initially helping a commercially licensed shellfisherman.
[Amended 1-30-2007; 2-9-2018]
(4)
Gear restriction (Southside). Pumps shall not exceed
eight horsepower and shall be equipped with proper muffler and exhaust
system. Pumps shall be mounted low in the boat to limit noise.
A.
Harvest days. The commercial harvest of soft shell clams on the Northside of the Town of Barnstable shall be allowed Monday through Friday. However, commercial harvest is prohibited on Wednesdays, May 1 through October 15, annually. Beginning January 1, 2021, the opening and closing of the commercial harvest of soft shell clams on the Northside of the Town of Barnstable on Wednesdays, May 1 through October 15, shall be governed by § 188-4A(2) of the Town of Barnstable Code.
[Amended 12-23-2020]
B.
Harvest method. Shellfish to be taken by hand rake
only. The intertidal harvest of soft shell clams is permitted in those
areas open to commercial harvest in Barnstable Harbor. The possession
of plunging or hydraulic pumping equipment while harvesting shellfish
in Barnstable Harbor is prohibited without the written permission
of the Shellfish Constable.
[Amended 5-2005; 3-26-2008; 10-26-2022]
A.
Barnstable Harbor. The commercial harvest of shellfish
shall be allowed east of a line extending north from the Barnstable
Yacht Club pier.
B.
The commercial harvest of soft shell clams shall be allowed west
of a line extending from Calves Pasture Point. Commercial harvest
is prohibited on Huckins Island and all tidal flats associated with
said island.
