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.
Scallops may be commercially harvested daily,
Monday through Saturday.
The harvest of scallops shall be closed (prohibited
effective April 1 annually, MGL C. 130, § 71. Open season
will be posted annually.
Harvest limits will be posted annually.
[Amended 1-6-2022
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. However, 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.
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.
No drags or dredges shall exceed 32 inches in
width.
[Amended 9-21-2004]
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. No boats permitted in
this area.
[Amended 9-21-2004; 1-30-2007; 2-9-2018]
All helpers actively helping a commercially licensed shellfishermen,
harvesting scallops, shall be required to hold a valid Massachusetts
commercial shellfish and seaworms permit. However, no such permit
is required to operate the boat. 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 1-6-2022]
There shall be not more than five harvest limits
allowed per boat for commercial permit holders.
It shall be unlawful for the holder of any type
permit to sell or offer for sale, or transfer their catch, unless
landed ashore.
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.