§ 2-95. Recreational shellfishing.  


Latest version.
  • (a)

    Permits. Recreational shellfishing permits are available to town residents, inhabitants and town employees.

    (b)

    Limitations. No person shall engage in recreational shellfishing except at such times and in such areas as specifically designated and delineated for recreational shellfishing by the Commission. No person shall engage in recreational shellfishing without having an approved shellfish gauge: a metal ring with an internal diameter of one and one-half (1½) inches.

    (c)

    Season. The recreational shellfishing season shall be determined each year by the Commission. The Commission may designate periods when recreational shellfishing is closed during the regular shellfishing season. The Director of Health may close any beds if they are deemed unsafe, which determination, based upon water quality, will be made in conjunction with the Department of Agriculture. Closings, for any reason, do not entitle permit holders to a refund of permit application fees.

    (d)

    Limits. The Commission shall set the daily limit of shellfish collection permitted, which limit may be altered at any time in accordance with responsible shellfish resource management, however, in no event shall any such limit exceed one-half (½) bushel of shellfish per person per day. No person shall collect or have in his or her possession more shellfish than the daily limit then applicable, except that a limit ascertained by a permit holder under Section 2-90 of these regulations shall be applicable to such permit holder for a period not exceeding twenty-four (24) hours from the time of such ascertainment or until he or she receives notice of any alteration of said limit, whichever period is the shorter.

    (e)

    Prohibition. No person shall sell or barter shellfish collected under a recreational shellfishing permit. No person shall use or employ any power-operated device or tool, any tow dredging apparatus or any rake, tongs or like equipment with spaces or openings between the teeth or prongs of less than one (1) inch in the collection of shellfish under a recreational shellfishing permit.

(5/4/1978; 10/1/1991.)