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 - $135.00.
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 - $105.00.
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 - $80.00. 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). Fee free.
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. FEE
$30.00.
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. (a) Oysters may only
be taken during months of September and October on Wednesdays and Saturdays only.
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.