7.5 SHELLFISH RULES AND
REGULATIONS
REVISED MARCH 1990
By virtue of the
authority granted by the voters of the Town of Duxbury at a Town Meeting held
on March 7, 1942, and in accord with the provisions of Chapter 598, acts of
1941 and all amendments thereto, the Board of Selectmen hereby make the
following regulations for the taking of eels, shellfish and seaworms.
CHAPTER I DUXBURY
SHELLFISH RULES AND REGULATIONS
A. Purpose: The purpose
of these Rules and Regulations is as follows:
1. To regulate the
harvesting of shellfish, eel and seaworms in the
Town of
2. To provide policy and
programs which establish a means of
continuity in providing for the
conservation, protection and
production of reasonable yield of shellfish.
B. Conservation and Management
of Shellfish Resources: It is hereby
determined as follows:
1. The flats of Duxbury
are a valuable shellfish resource.
2. The flats are an
exhaustible resource and must be managed in
order to remain viable.
3. As part of the
management process it is necessary to regulate
the fishery by establishing rigid
guidelines governing the size and
quantities of resources which may be
harvested, by restricting
areas which may be harvested and by
taking other measures
outlined in these rules and regulations.
C. Definitions: Within
these Shellfish Rules and Regulations, unless the
context otherwise requires, the following
words shall have the following
meaning:
1. Shellfish - shall
include, unless otherwise so indicated, soft shell
(steamer),
quahog, razor clam, sea clam, oyster, mussel, scallop.
2. Shellfish
Harvesting - shall include all the activities of the digging and/or taking of
shellfish, sea worms or eels up to and including the landing of.
CHAPTER II A. RESIDENCE
Any person who resides in
the Town of
1. Commercial Shellfish
Licenses.
(a) Commercial Mussel
License - This license will allow
the holder and signer to dig and take
(Harvest) by means of his or her
own labor for commercial distribution
of the above stated. As part of the
management process it is necessary to
restrict the particular commercial
licenses. There shall be only (10)
commercial licenses issued annually.
1. When commercial mussel
licenses become available, names of
applicants will be drawn from a list in
order, starting with number one and
so on. These names will be of
persons who have made application to the
Selectmen and whose names
were drawn from a lottery for placement.
2. Notice of the lottery
to form this list will be advertised for one week in a
local paper. Two weeks after
advertising the Selectmen, at a Selectmen's
meeting will draw names of those
applicants and post a list in order of
drawing.
3. There will be one
drawing ONLY. After that, those persons wishing to
be placed on a waiting list must
make application with the Selectmen
or their agent and be put last on
the list in order of application.
4. Applicants must
fulfill all requirements expressed by the Duxbury
Shellfish
By-Laws.
5. If for some reason,
the first of the list refuses to accept the available
license, he will be placed last on the
list and the number two applicant
will advance in position.
6. The Selectmen, the
licensing authority, reserve the right to screen all
applicants and deny them either a position
on the waiting list or a license.
7. The list will be kept
in the Selectmen's Office.
8. Applicants on the
waiting list must renew their application annually
in the month of January. Those not
complying will be REMOVED
FROM
THE LIST.
9. If a mussel permit is
turned in prior to the expiration date the next
applicant on the list for this particular
license will be given the opportunity
to accept this permit. Chapter II,
Sec. 1-A, #5 shall apply.
10. Holders of Duxbury
Commercial mussel licenses have two (2) weeks
in which to renew said permit after
expiration date or that license
shall be subject to public application.
apply.
NOTE: Provisions within
the General Shellfish Rules and Regulations.
Ch. III shall apply.
(b) Commercial Razor
License - This license will allow the
holder and signer to dig and take
(harvest) by means of his or her own
labor for commercial distribution of
the above stated. As part of the
management process it is necessary to
restrict the harvesting of
shellfish by limiting particular commercial
licenses. There shall be only
(15) commercial
razor licenses issued annually.
1. When commercial razor
licenses become available, names of
applicants will be drawn from a list in
order, starting with number one and
so on. These names will be of
persons who have made application
to the Selectmen and whose names
were drawn from a lottery for
placement.
2. Notice of the lottery
to form this list will be advertised for one week in
local paper. Two weeks after
advertising the Selectmen, at a Selectmen's
meeting will draw names of those
applicants and post a list in order of
drawing.
3. There will be one
drawing ONLY. After that, those persons wishing
to be placed on a waiting list must
make application with the Selectmen or
their agent and be put last on the list
in order of application.
4. Applicants must
fulfill all requirements expressed by the Duxbury
Shellfish
By-Laws.
5. If for some reason,
the first of the list refuses to accept the available
license, he will be placed last of the
list and the number two applicant
will advance in position.
6. The Selectmen, the
licensing authority, reserve the right to screen
all applicants and deny them either a
position on the waiting list or a license.
7. The list will be kept
in the Selectmen's office.
8. Applicants on the
waiting list must renew their application annually
in the month of January. Those not
complying will be REMOVED FROM THE
LIST.
9. If a razor permit is
turned in prior to the expiration date the next applicant
on the list for this particular
license will be given the opportunity to accept this
permit.
10. Holders of Duxbury
commercial razor licenses have two (2) weeks in
which to renew said permit after
expiration date or that license shall be
subject to public application. Ch. II,
Sec. 1-A, #1-9 shall apply.
NOTE: Only the holder of
the 1989 Combination Commercial Shellfish license
shall be eligible for the 1990 issuance
of the Limited Entry Razor Clam
license. 1990 license issuance numbers
that exceed the annual (15) cap
shall be eliminated through attrition
as licenses are given up until the
desired number is met. Provisions within
the General Shellfish Rules and
Regulations, Ch. III
shall apply.
(c) Combination
Commercial Shellfish License - This license will
allow the holder and signer to dig and
to take (harvest) by means of his
or her own labor for commercial
distribution as stated below unless otherwise
indicated:
The Board of
Selectmen, the licensing authority, reserve the right
to screen all applicants and deny a license.
1. A. Eel
B. Seaworm
C. Bonus Shellfish:
Other species of shellfish may be included within
this combination commercial license.
This license will be
issued by the Selectmen or their agent on an unlimited
basis, annually in the month of April only.
Bag limits, seasons, harvestable
areas and other restricting measures
will be set by the Board of Selectmen
anytime for the management, conservation
and protection of the resource.
2. Resident Family
Consumption Permit: This entitles the holder and signer
of this permit and his immediate
family living at the same residence who
are residents of Duxbury or are
non-residents but who own real estate in the
Town of
own labor from open areas from which
commercial taking of shellfish may be
prohibited, for consumption by their own
family or for their use as bait but not
exceeding 12 quarts in any one day nor more
than 12 quarts per week per family
unless otherwise so stated.
3. Resident Individual
Senior Citizen Permit: Those residents 65 years of
age and older who are residents of
Duxbury or are non-residents 65 years
of age or older but own Duxbury Real
Estate can obtain a shellfish permit
at no fee (all family permit
regulations shall apply).
B. NON-RESIDENT
Any person who does not
fulfill the Town of
be granted the following permits:
1. Non Resident Family
Consumption Permit: This entitles the holder
and signer of this permit and his
immediate family living at the same
residence who are not residents of Duxbury
to take shellfish, seaworms
and eels by means of their own labor
from open areas from which the
commercial taking of shellfish may be
prohibited, for consumption by their
own family or for their use as bait
but not exceeding in total quantity of all
shellfish so taken 12
quarts in any one day nor more than 12 quarts in any one week. All shellfish
taken shall be limited to 12 quarts per week per family unless otherwise so
stated.
CHAPTER III GENERAL
RULES AND REGULATIONS
The holders of permits
issued for the digging and taking of eels, shellfish and seaworms
shall at all times conform to the provisions of Chapter 130 of the General Laws
as amended by Chapter 598 of Acts of 1941 and any subsequent amendments
thereto:
1. All persons are
prohibited from taking without a permit any
eels (except y hook and line) seaworms or shellfish, including
soft shelled clams, quahogs, sea
clams, mussels, oysters and
scallops.
2. The signed permit must
be on the person of anyone in the act of
harvesting shellfish. It must be shown upon
demand to the Shellfish
Constable
or his deputies.
3. Any shellfish, seaworms or eels harvested must be shown upon
demand to the Shellfish Constable of his
deputies.
4. Any shellfish permit
may be suspended or revoked by the Selectmen
per request of the Shellfish
Constable for any violation of State
law relative to shellfish, or for the
violation of any rule or regulation made
by the Selectmen for the protection
of shellfish, eels or seaworms.
5. The Selectmen may from
time to time declare in whole or in part
areas of shore, flats or creeks closed
or restricted to the taking of shellfish, eels and sea worms, and no shellfish,
eels or seaworms may be
harvested at any time except in areas so
designated by the Selectmen.
6. Shellfish, eel, and seaworm landing areas will be designated by the
Shellfish
Constable or his Deputy.
7. There will be no
commercial digging of any shellfish, seaworms and/or
eels unless otherwise so indicated.
8. When weekly limits of
shellfish are set, the week begins on Monday.
9. Taking shellfish,
eels and seaworms is prohibited on Sunday from June 1
to September 1.
10. Permits are required
for all persons over the age of 14. Those 14
or under must be accompanied by a
permit holder whose limit is not
increased by the presence of the child.
11. All shellfish must be
dug with conventional tined tools. No shovels
are permitted and digging must be by
hand without assistance of power.
12. No container larger
than 12 quarts is allowed on shore, creek or
inlet unless otherwise allowed by law.
13. Quahogs and soft
shelled clams must be 2" in greatest length, oysters must be 3".
14. It is prohibited to
dig for any shellfish or seaworms in grass or close
to roots of marsh.
15. If digging causes
large holes in shore they must be filled in by digger.
Soft Shelled Clams
16. When allowed, soft
shelled clams (steamers) shall be limited to 6 quarts per week per family. Open
areas for soft shelled clams will be designated by the Selectmen and posted if
appropriate by the Shellfish Constable. These areas only are to be dug for soft
shelled clams. (a) Soft shelled clams (steamers) may only be taken during the
months of September, October, April and May on Wednesdays and Saturdays.
17. When allowed, oysters
shall be limited to 6 quarts per week, per family; seasons and areas for oyster
harvesting will be designated by the Selectmen, annually when appropriate.
18. Bonus seasons on
shellfish may be declared by the Board of Selectmen. This is a bonus season
only and not to be regarded as an annual grant.
19. It is unlawful for
any person to harvest any part of another's limit.
20. It is prohibited to
dig or take shellfish or seaworms between the hours
of 1/2 hour after sunset and 1/2 hours before sunrise.
21. It is unlawful to
remove the shells from shellfish before leaving the digging area.
22. No shellfish taken on
non commercial permits may be sold, wasted or bartered in any manner.
23. No dredging of shellfish
by handpower or motorpower
allowed, unless otherwise allowed by law.
24. The Board of
Selectmen may at any time restrict or control the harvesting of shellfish, seaworms and eels, by establishing and implementing bag
limits, seasons and moratoriums, etc. as they deem appropriate and necessary in
the best interest of the Town of Duxbury.
25.That any person making application for any commercial
shellfish license must be a resident of the Town of Duxbury, must reside while
actually domicile within the Town of Duxbury for not less than six (6) months
preceding the application or license and further must continue to be a resident
of the Town of Duxbury, while actually domicile therein while in possession of
said license or application.
26. No alien may apply
for a Duxbury commercial license until he has lived in Duxbury for at least
five years.
27. Commercial permits
are issued only to applicants holding a valid State Commercial Shellfish
license.
28. The State Shellfish
License Number shall be placed on record at the Selectmen's office when
applicant is issued a Duxbury Commercial License.
29. Commercial licenses
must be utilized in order to be eligible for re-issue the following year.
30. Duxbury Commercial
Shellfish licenses may not be transferred or assigned.
31. Eel pots shall be
limited to twenty-five (25) pots per Duxbury Commercial Permit and all pots
must be clearly marked with State Permit Number. No pot shall be set in
navigable channel. Holders of Non-Commercial Permits may set one eel pot
clearly marked with Town Permit Number.
32. There is to be no
digging or taking of non-commercial shellfish while harvesting shellfish
commercially in Duxbury.
33. Shellfish reports for
Commercial Permits are due the last day of every month.
34. All shellfish commercially
harvested must be washed and bagged prior to landing.
SCALLOPS
35. Except as provided in
Chapter 130 of the General Laws, Section 70 and 73, no person shall take
scallops between April 1st and the following October 1st, from flats or coastal
waters or buy or sell or have in their possession scallops so taken. Open
season is October lst to April lst.
36. No person shall take
from the flats or waters of Duxbury seed scallops, or sell of offer for sale or
have in possession such scallops. A legal scallop is one with a raised annual
growth line. Any scallop without such a line shall be deemed a seed scallop.
Since scallops appear seldomly in Duxbury, no limits
are set except as part of total weekly limits are set
except as part of total weekly limit. If they do appear in
37. No person shall
plant, introduce or transplant any shellfish without express permission of the
Selectmen and the Shellfish Constable.
38. When harvesting sea
clams, the limits shall be 32 quarts per week per family.
PENALTY
The penalty for
violations of any of these regulations shall be a fine not less than twenty
five dollars ($25.00) nor more than two hundred
dollars ($200.00) for each offense and the revocation of license or permit or
both. Change $10.00 to ($25.00) Change $50.00 to ($200.00).
The revenue from any said
fines, after payment of fees and expenses, shall be paid to the Town of
These Rules and
Regulations may be amended by the majority of said Board of Selectmen.
If any portion of these
Regulations if declared to be invalid, that declaration does not affect the
remainder of the above Rules and Regulations.
The foregoing regulations
are hereby established by vote of the Selectmen, adopted on the fifth day of
March, 1990 and are to be effective April 1, 1990 and supersede any previous
regulations.
The following amendment
was adopted by the Board of Selectmen on Monday, December 9, 1996:
a. Mouth of the
b. Eagles Nest Cove:
amend the shellfish regulations to allow the harvesting of soft shell clams
within 750 feet of the mean high water mark within that area south and west of
a line drawn from Eagles Nest Point to Harden Hill Road Landing.
c. Blakemens
cove: amend the shellfish regulations to allow the harvesting of soft shell
clams within 750 feet of the mean high water mark within the area of Blakemens Cove north of a line drawn from seal island east to the north end of the north beach parking
lot.