These regulations are hereby adopted by authority of MGL c. 130, § 52,
and authorized by Town Meeting to regulate or prohibit the taking of eels
and all kinds of shellfish and seaworms within the Town of Falmouth through
the Board of Selectmen.
These regulations shall be enforced by the Shellfish Constable and Natural
Resource Officers.
Any quahog rake greater than 13 inches across the back of the rake shall
not be allowed to be used for the harvest of quahogs in any shellfish area
designated for family use only by the Town of Falmouth. No holder of a commercial
shellfish permit shall dig or attempt to dig shellfish in areas designated
for family use only. Family areas are open on Saturdays and Sundays only.
Family permits may be used in areas not designated for family use only on
any day of the week.
Shellfishing may not commence before sunrise and all shellfish shall
be landed no later than sunset.
No shellfish from any source other than seed replanted during harvesting
may be stored or returned to the water by anyone other than those holding
the proper aquaculture or propagation permits issued by the Massachusetts
Division of Marine Fisheries.
All shellfish shall be measured by gauge before being place in the catch
container. The shellfish permit holder is required to carry a shellfish gauge.
Minimum sizes shall be as follows:
A. No person shall take or have in possession quahogs less
than one inch shell thickness (hinge width).
B. No person shall take or have in possession soft-shelled
clams less than two inches in longest dimension
C. No person shall take or have in possession oysters less
than three inches in longest dimension.
D. No person shall take or have in possession mussels less
than two inches in longest dimension.
E. No eels less than six inches in length may be taken.
All persons will display their catch upon request of the Shellfish Constable
or Natural Resource Officer.
The fees for shellfish permits shall be as established by the Board
of Selectmen.
No fee paid for shellfish permits shall be abated, nor shall any permit
be issued without payment of the fee.
Per Chapter 130, Section 52, of the General Laws of Massachusetts, shellfish
regulations for the Town of Falmouth shall be posted in at least three public
places. The locations for posting general regulations shall be the Falmouth
Town Hall, the Main Public Library, the North Falmouth Public Library, the
West Falmouth Public Library, and the East Falmouth Public Library. Shellfish
information signs with open area maps, located at Falmouth Town Hall, the
Megansett Harbor parking lot, the West Falmouth Harbor boat ramp, and Seapit
Landing in Waquoit Bay, shall remain in use. The Shellfish Department number
is (508) 495-7334 or (508) 548-7611 ext. 334.
All expired permits must be returned to the Selectmen's office,
in the Town Hall, with a catch report completed before a new permit may be
issued.
All shellfish, eel, and herring regulations heretofore adopted inconsistent
with the foregoing regulations are hereby repealed.
At a regular meeting of the Falmouth Board of Selectmen held on September
9, 2002, the foregoing regulations were adopted and shall be in effect, after
publication as required by law, as of October 1, 2002.