Office of The Town Clerk

Town Clerk: Bernice Brown
Town Hall
600 Chief Justice Cushing Way
Scituate, MA 02066
Phone: (781) 545-8743
Fax: (781) 545-8704
townclerk@town.scituate.ma.us

REVISED SHELLFISH REGULATIONS

January 10, 1995

These regulations are made by the Selectmen under authority of a vote of the inhabitants of the Town of Scituate while acting on Article 14 of the Warrant for the regular Town Meeting held on March 4, 1957, and shall continue in force until altered, amended, rescinded, or repealed by the Selectmen or until their authority to make and enforce shellfish regulations has been repealed.

DEFINITIONS: In regard to these regulations, unless the context otherwise requires, the following words shall have the following meanings:

SHELLFISH - clams, conchs, mussels, oysters, periwinkles, quahogs, razor clams or razor fish, scallops, sea clams, sea scallops and winkles.

SHELLFISH OFFICER - any person who has been specifically appointed and sworn to enforce the shellfish regulations of the Town of Scituate. Additionally, all police officers of the Town of Scituate shall have the authority of a "SHELLFISH OFFICER."

REGULATIONS:

1. Permits are required for the taking of shellfish and seaworms from the tidal areas and coastal waters of the Town of Scituate, Massachusetts.

2. The holder of a permit is hereby authorized to take shellfish and/or seaworms from the open areas in the coastal waters of the Town of Scituate, for consumption by his own family, or for his own use as bait, subject to the provisions of Chapter 130 of the General Laws, as amended, and subject also to any regulation which may be made by the Selectmen under (and in accordance with) the provisions of said Chapter 130.

3. Permits are required for any person 16 years of age or older who desires to take shellfish. Persons under 16 years of age may ONLY take shellfish if they have in their possession the permit of their parent or guardian. Any resident 65 years of age or older shall be issued a permit free upon application. Presenting and/or allowing false information to be included on the permit shall be considered a violation.

4. The taking of shellfish shall be permitted on ONLY Thursday and/or Sunday.

5. All recreational shellfish permits shall expire one year from the date of issue, unless sooner revoked.

6. The Selectmen of the Town of Scituate shall determine and set the rates for the shellfish permit.

7. Any person, while taking shellfish and/or seaworms, must carry and display a valid shellfish permit in a visible manner on his outer clothing.

8. Any person who is taking or has taken shellfish from tidal areas or coastal waters of the Town of Scituate must show a permit upon request or demand of a Shellfish Officer, or any other officer authorized to enforce the laws relating to marine fish and fisheries.

9. Any person taking shellfish and/or seaworms shall land at any place designed by a Shellfish Officer at any time to allow him inspection of permit and take.

10. No shellfish or seaworms shall be taken from areas which the Selectmen may, from time to time, designate as closed areas.

11. The legitimate user or users of a valid permit is/are limited, in total, to taking not more than one-fourth of a bushel (8 quarts) of soft shelled clams (steamers) or quahogs in any one week. The week shall be the seven-day period from Monday through Sunday, inclusive.

12. Shellfish may be taken only between sunrise and sunset.

13. Shovels, hoes and rakes are strictly prohibited in taking soft-shell clams. The conventional clam digger ONLY may be used. Any other contrivance is strictly prohibited.

14. All clams taken must be legal length, 2 inches or more.

15. A person taking shellfish shall be required to cover over all undamaged shellfish and refill all holes.

16. The penalty for violation of any of the above-listed regulations shall be a fine of not less than twenty ($20.00) nor more than two hundred fifty ($250.00) dollars for each offense and/or the suspension or revocation of the offender's permit and the seizure of all shellfish at the discretion of a Shellfish Officer.

ENACTMENT: These regulations were established by a vote of the Selectmen on the 11th day of October, 1994, and shall be in effect as of October 1, 1994 and shall supersede all previous regulations.

REVISED: JANUARY 10, 1995

BOARD OF SELECTMEN

Last modified May 13, 2005