[HISTORY: Adopted by the Annual Town Meeting
of the Town of Yarmouth 4-7-1981 by Art. 16.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter was derived from
regulations adopted by the Board of Selectmen 3-8-1976.
These regulations are made by the Selectmen
under authority of a vote of the inhabitants of the Town of Yarmouth
while acting on Article II of the Warrant for a Special Town Meeting
held on July 14, 1950, and shall continue in force until altered,
amended, rescinded or repealed by the Selectmen or until their authority
to make and enforce shellfish regulations has been repealed.
A.
Permit required.
(1)
Residents and taxpayers of the Town of Yarmouth may,
for the use of their families, take from the shores and tidewaters
of the Town of Yarmouth all kinds of shellfish and sea worms at such
places and times and in such manner and quantities specified in these
regulations or amendments thereto after first obtaining a permit,
which permit shall expire on March 31 of each year.
(2)
A family permit shall be issued to the head of the
family and may be used by wife or unmarried minor children living
in the same domicile. Only one family permit shall be issued per family.
(3)
The holder of a shellfish permit shall, while shellfishing,
carry and wear in a visible manner on his outer clothing the shellfish
permit in effect.
A.
Permit required.
(1)
A permit for the commercial taking of shellfish may
be granted by the Town to a person who qualifies as a resident of
the Town by exhibiting a receipt for payment of real property taxes
to the Town, a lease for habitation within the Town, has children
in local schools, or other acceptable evidence of established residency,
and who has obtained a valid commercial fisherman (shellfish) permit,
or its equivalent, from the Massachusetts Division of Marine Fisheries
for the same year.
[Amended 5-29-1990]
(2)
A commercial permit shall be required and shall expire
on March 31 of each year and shall not be assigned nor transferred.
(3)
No person shall be issued a commercial shellfish permit
in the Town of Yarmouth unless a valid bed certificate or its equivalent
is first obtained from the Massachusetts Division of Marine Fisheries
for the year the permit is applied for.
(4)
No commercial shellfish permit shall be issued to
persons under 16 years of age.
B.
Fee. The fee for a commercial shellfish permit shall
be $150.
[Amended 5-29-1990]
C.
Rules and regulations.
(1)
No commercial fishing of any type shall be done within
15 feet of average high-water mark.
(2)
Holders of commercial permits shall not employ for
wages or shares or for any other consideration, nor permit to assist
them in the taking of shellfish, any persons not possessing in their
own names commercial shellfish permits in full force and effect.
A.
No person shall take from the shores or waters of
the Town of Yarmouth scallops, other than adult scallops, or sell
or offer for sale or have in possession such scallops.
B.
For the purpose of this regulation, an adult scallop
shall be a scallop with a well-defined raised annual growth line.
C.
Scallops, when taken from the water, shall immediately
be culled, and all scallops, other than adult scallops, shall forthwith
be returned alive to the water whence taken.
D.
Scallops shall be taken only between November 1 and
the following April 1.
E.
Holders of commercial and family permits taking scallops
shall obtain legal limit bushel boxes. All scallops shall be landed
in legal limit bushel boxes at places designated by the Shellfish
Constable.
[Amended 5-29-1990]
F.
No commercial scallop permit holder shall come ashore
with scallops and return to the waters for additional scalloping the
same day without the permission of the Shellfish Constable or a deputy
of said Shellfish Constable.
A.
A person taking shellfish shall land at any place
designated by the Shellfish Constable at any time to allow inspection
of permit and take.
B.
No person shall dig, take or carry away any shellfish
or shells between sunset and sunrise by any method whatever.
C.
No shellfishing of any kind shall be allowed when
the temperature reads plus 32° F. or lower.
D.
All shellfish shall be brought ashore in the shells.
E.
No shellfish or sea worms shall be taken from areas
which the Selectmen may, from time to time, designate as closed areas.
F.
No clams or quahogs shall be taken which measure less
than two inches in longest diameter, and no oysters shall be taken
which measure less than three inches lengthwise.
G.
No starfish, horseshoe crabs or winkles shall be returned
to the water. They shall be placed above the high-water mark or some
suitable place out of the water.
No person shall set or maintain a fish trap,
pound net or weir in the tidewaters of the Town of Yarmouth without
first obtaining a license from the Selectmen, which license must be
approved by the Department of Public Works and the Director of Marine
Fisheries.
Permits shall be required to set eel pots. (See eel regulations, Chapter 148.)
[Amended 5-29-1990]
The penalty for violation of any of these regulations
shall be a fine of not less than $25 nor more than $75 for each offense
and/or the suspension or revocation of the offender's permit or license.
