Shellfish Regulations
SHELLFISH REGULATIONS
Acting under the authority of the vote taken by the Town of Gosnold on April 13, 1943 at a special Town Meeting, in accordance with the provisions of Section 52 of Chapter 130 of the General Laws as amended by Chapter 598 of the Acts of 1941 and other Sections of said Chapter 130 pertinent thereto, the Board of Selectmen of Gosnold, hereinafter referred to as the Board, hereby assume the control, regulation, and management of the shellfish, eels, and razor fisheries within the coastal waters of the Town of Gosnold and hereby promulgate
the following rules and regulations thereon, which shall supersede all such rules and regulations previously made by the Board under similar authority.
I. DEFINITIONS
In these rules and regulations the following words shall have the following meanings except when otherwise stated:
PERMIT - Privilege granted under authority of the Board for the taking of shellfish for domestic use of the permittee and family.
PERMITTEE - Any person to whom a permit has been issued by the Board.
FAMILY - All of those persons included in a single household.
LICENSE - The privilege granted under authority of the Board for the taking of shellfish for commercial purposes.
LICENSEE - Any person to whom a license has been issued by the Board.
SHELLFISH - Shall mean clams, quahogs, razor clams or razor fish, mussels, oysters, scallops, sea clams, sea quahogs, and eels.
BOARD - The Board of Selectmen of the Town of Gosnold.
INHABITANT - Any person that is a taxpayer or a renter on a continual basis, and actually lives and bases a main livelihood in Town for a significant portion of the year (6 month guideline).
II. GENERAL PROVISIONS
1. No person shall dig or take shellfish or eels within the coastal water of Gosnold unless he has in his possession a valid permit or license for such purpose.
2. For the purposes of these rules and regulations, the Board may issue the following classes or licenses and permits at the following established fees in accordance with section 52, Chapter 130 of the General Laws: A. Family Permit - Fee to be: Resident $20.00
Non-Resident $50.00
B. Commercial License - for the taking of shellfish without power, by hand digging or raking, for the purpose of sale -
Fee to be: $100.00
C. Commercial Power Dredging License - Fee to be: $200.00
D. Commercial Jet Dredging License - Fee to be: $400.00
3. All permits or licenses granted by the Board for shellfishing shall expire on December 31st of the year granted unless earlier expiration is stated thereon, or unless sooner revoked for cause.
4. Permits and licenses shall be shown upon demand of any shellfish Constable or Member of the Board. For failure to do so the license or permit shall, at the pleasure of the Board, be suspended or cancelled.
5. No person shall take shellfish of a size or at a season prohibited by law, that is, no person shall dig, take, remove or have in his possession soft shelled clams, or quahogs less than two inches in largest diameter or scallops without well-defined raised annual growth line or oysters less than three (3) inches in longest diameter to the amount of five (5) percent or more in quantity.
6. Whoever takes or has in his possession soft shelled clams, quahogs, or scallops less in size than above described to the amount of more than five (5%) percent of any batch shall be punished provided by Section 69, Chapter 130 of the General Laws and by suspension or revocation of his license. Any quantity of said shellfish thus not permitted to be taken shall be forthwith deposited in the waters
whence they were taken.
7. No person shall dig, take or carry away shellfish of any kind under a license or permit before one-half hour after sunrise or after one-half hour before sunset. Violation of this regulation is punishable by a fine not be exceed $100.00 and suspension or revocation of permit or license.
8. All permit holders and license holders shall allow the Shellfish Constables or Members of the Board to examine any boat, receptacle or vehicle to check shellfish therein. Failure to comply with this provision will result in suspension or revocation of license or permit.
9. On demand of any duly authorized Officer or Agent of this Board every permittee or licensee shall display in full view his entire catch for examination of said Officer or Agent.
10. All seed shellfish are to be covered before leaving the area.
11. Every Shellfish Constable and Member of the Board is hereby appointed to act as agent of the Board in carrying out and executing the rules and regulations herein adopted.
12. No shellfishing by any mechanical means will be allowed within any harbors, ponds or bays inside a line drawn between adjacent points.
13. Any person who catches or takes any starfish, winkles or their eggs, strings or cockles, sweet meat and trash while operating under any permit or license granted by the Board shall deposit the same without expense to the Town above the high water mark or other places designated by the Board. Failure to comply will result in loss of license or permit.
14. License or permits may be revoked or suspended by the Board at any time by written notice to the person to whom the license or permit was issued. A copy of such notice shall be filed in the office of the Board and such copy attested by the Town Clerk shall be prima facie evidence that such notice has been given.
- Any person violating any regulation made herein by the Board or who fishes without a permit or license herein
described or contrary to the term of such permit or license shall be upon conviction, unless another penalty is provided by statute, be subject to a fine of $100.00 for the first offense and $500.00 for a second offense and any existing permit or license shall be revoked by the Board.
16. In addition to the rules and regulations of the Board governing the taking of shellfish, the waters in the Town of Gosnold are also subject to all laws and penalties of the Commonwealth.
- Any regulations herein shall take effect as stated and shall be published by posting a copy in the office of the
Board, and in the Office to the Town Clerk, and in 3 or more public places in Town; published in two papers, and by sending a certified copy thereof to the Director 24 hours at least before the time set for the same to take effect. A copy thereof attested by the Board shall be prima facie evidence of such facts therein stated.
18. Whoever throws, dumps or empties overboard any receptacle or its contents after being signalled by a Shellfish Constable or Member of the Board to stand by for inspection, shall be punished by a fine not less than $100.00 nor more than $200.00 and suspension or revocation of his license.
SECTION III COMMERCIAL
1. In order to be eligible for the issuance of a commercial license to take shellfish, an applicant must be sixteen years of age or older and bean Inhabitant of the Town. The applicant shall complete the license application and submit it to the Board of Selectmen and the Shellfish Warden for review, together with any additional information or documentation requested by the Selectmen to demonstrate eligibility. The applicant has the burden of demonstrating eligibility to the satisfaction of the Selectmen. Upon receipt of a completed application, the Board of Selectmen shall, at the next regular scheduled Selectmen’s meeting, make a determination with respect to the issuance of the license.
1A. The applicant may not have a commercial license if he or she holds a valid commercial license in another town. The license is valid only for that period of time that the license holder maintains residence in this town.
2. No person shall take clams or quahogs by the use of hand dredging, digging or raking or by the use of power or jet dredging for commercial use unless he has obtained a license therefore.
3. When two or more persons are engaged in the taking of shellfish from the same boat, each person must have a valid permit or license in his possession.
4. When two or three persons are engaged in commercial jet dredging or power dredging, each person actively engaged in or assisting in such fishing, except for the boat operator, must have in his possession a license for commercial jet or power dredging. No more than three persons to a boat.
5. Every power commercial license or commercial jet dredging license holder may take a maximum of 180 bushels of quahogs in the shell in any one week, while the holder of commercial license shall be entitled to
take a maximum of 18 bushels in any one week.
6. All licenses are subject to the General Provisions herein stated.
IV. FAMILY
1. No person shall take shellfish for the use of a family unless he first obtains a permit for such purpose.
2. A permittee taking shellfish on a family permit shall not exceed in any one week one eight quart bucket of any or all kinds of shellfish.
3. Permits are non-transferable and are subject to current regulations with regard to areas and species fished. Current regulations and two inch rings will be issued with permits. Regulations are subject to change by posting at the wharf on the applicable Island and at the offices of the Board, Town Clerk, and Post Office.
4. All permits are subject to the General Provisions herein stated.
V. EELS
1. No person shall take, remove, or catch eels or sea worms of any kind without first obtaining a license or permit from the Board.
2. Licenses or permits issued for the catching or taking of eels or seaworms shall be issued only to residents of the Town of Gosnold or their immediate family.
3. Not more than 30 pounds of eels may be taken in any one week by any person holding a permit or license from the Board.
VI. SCALLOPS
1. Scallops to be taken with dip net only.
2. Only adult scallops are permitted to be taken and must have a well-defined raised annual growth line.
3. No licensee or permittee shall take scallops from April 1st to October 1st.
4. No licensee or permittee shall take more than 1/2 bushel of scallops, including shells in any one week.
VII. OYSTERS
No oysters are to be taken until further change of current regulations due to successful propagation.
VIII. SOFT SHELLED CLAMS
Any licensee or permittee may dig one 8 quart bucket of clams per week if allowed by current regulations.
IX. PROPAGATION
Certain areas in Gosnold will be closed to shellfishing for certain periods for propagation of various species. These areas will be marked and posted as weather allows and notices will be posted on the applicable Island wharf, in the Office of the Board, Town Clerk, and Post Office.
The Board reserves the right to close any or all areas to shellfishing at any time for propagation, conservation, health reasons, or for the best interest of the Town. Notice to be given by posting area inshore or notifying license holders in writing.
The Board asks all persons to please respect and observe these rules and regulations, and any other regulations posted regarding special regulations on restricted areas. Kindly help us keep and improve the Shellfisheries of the Town of Gosnold.
Amended by the Board of Selectmen on November 29, 2006/ January 3, 2007