GUIDE TO SHELLFISH IN MASSACHUSETTS
PART I
SHELLFISH, EEL, HERRING AND CRAB
RULES AND REGULATIONS
PART II
This guide tells you about the shellfish found in Massachusetts. Before going to
the shellfish flats, you should read all the local town's Shellfish Regulations. They
are designed to protect shellfish supplies while giving each shellfisherman/
woman the opportunity to enjoy this natural resource.
Regulations tell you how, when and where to fish, what size and how many you
may keep. Shellfish areas are rotated with the most productive areas open for
shellfishing, while areas harvested previously remain closed until juvenile shellfish reach legal harvest size. It takes about two years for a clam and three to four
years for a quahog to reach legal harvest size.
While asking where to fish, you may also learn that some areas have been closed
to shellfishing by the Massachusetts Division of Marine Fisheries and that shellfish obtained from these areas are unfit for human consumption. Do not forget
that shellfish are a perishable product. Eating shellfish raw is enjoyable and fun,
but to be on the safe side, shellfish should be properly prepared.
Towns may require permits to harvest shellfish. Your Shellfish Constable can give
you further information.
Town Shellfish Constables are on the flats to enforce these regulations.
These regulations are approved by the Board of Selectmen of the Town of Yarmouth under the authority granted them by the provisions of Massachusetts General Laws, Chapter 598, Section 52 and 54 of the Acts of 1941, Chapter 130, Section 52, and by any other statutes of the Commonwealth of Massachusetts.
Produced by: The Massachusetts Shellfish Officer's Association, Shellfish Advisory Committee, Barnstable County Cooperative Extension, Barnstable County.
PART I
GUIDE TO SHELLFISH IN MASSACHUSETTS
Quahog: (Mercenaria mercenaria) hard shell, little neck, cherrystone or round clam.
Quahogs are found between two inches (2") and
six inches (6") below the sand or mud surface, between high and low tide and beyond in sheltered
waters. Harvest quahogs by hand or rake. A quahog that fits through a one inch (1") gauge for
shell thickness or hinge width is seed and below
legal harvest size and should not be taken. A one
inch (1") thick at the hinge and two and one-half
inches (2 1/2") in the longest diameter (length)
quahog is known as a littleneck. A two and onehalf inch (2 1/2") to three-inch (3") quahog is a
cherrystone and a three-inch (3") or larger quahog is a chowder. The chowders are often
used to make chowder, clam pie or fritters.
Razor Clam: (Ensis directus) razorfish, common razor clam, razorback, jackknife clam.
The razor clam has a versatile digging foot and a streamlined, straight
razor shape that makes it the most elusive of the shellfish to dig. Look
for the razor clam near the low water mark in sand or mud. Dig in the
same manner as for soft shelled clams, but deeper and faster. Razor
clams are served in chowder.
Sea Clam: (Spisula solidissima) surf clam, bar clam, hen clam, skimmer.
The sea clam is the largest clam, reaching five to
nine inches (5-9") in size. Look for sea clams on exposed flats at low tide, just beneath the surface.
Check Town Regulations for harvest limits. Sea
clams are gathered with a quahog rake or by hand.
Serve in clam pie or chowder.
Soft Shell Clam: (Mya arenaria) steamer, longneck, long clam.
The soft shell clam is found between the tide lines or just below the low
water mark between six and eight inches (6-8") below the surface. Dig soft
shell clams cautiously to avoid spearing their fragile shells. Clams under
two inches (2") in length must be carefully replanted, neck upright and covered with a thin layer of sand to protect them from exposure. Too much
sand will smother the clam. Soft shelled clams can be served steamed, fried
or in a stew.
Blue Mussel: (Mytilus edulis)
The dark blue shelled mussel grows in
clumps on rocks, pilings and flats in
subtidal water, with each mussel anchored by tiny threads. Mussels are
gathered by hand or rake. Scrub thoroughly to remove threads and external
mud. Steaming easily opens mussels.
Ribbed Mussel: (Geukensia demissa)
Although perhaps less desirable than the blue mussel, the ribbed mussel is
found locally in the same areas as blue mussels. Another local mussel is
the horse mussel, (Modiolus modiolus).
Oysters: (Crassostrea virginica). American oyster.
Oysters are found on hard sandy bottoms or
mud, or on rocks and piers, singly or in
clumps. Harvest with quahog or box rake, dip
net or by hand. Legal harvest size is three
inches (3"). Serve on the half-shell or in stew.
Bay Scallop: (Argopecten irradiens). Cape scallop.
Scallops live only about two (2) years and can
reproduce only in their second year. To allow
for propagation of the next generation, only
second year scallops with a well-defined
raised growth line may be legally harvested.
Scallops are found on the bottom in protected
bays and shallow flats - often in eelgrass beds.
Boots, waders or a small boat is needed for
scalloping, as well as a dip net. Serve raw,
fried, broiled, scalloped or in stew.
Blue Crab: (Callinectes sapidus). Blue claw crab.
Blue crabs are found on the muddy shores of tidal streams and
estuaries. By State Regulations, blue crabs must be four and
one-eighth inches (4 1/8") point-to-point across the body before
they are mature enough to harvest. A dip net is used to harvest
blue crabs. Crabs may be boiled and used in salads and crab
cakes. (See State Regulations for Blue Crab.)
It is encouraged that all female crabs be returned to the water. The female crabs will insure
that the population is maintained. It is not only the law but it is also extremely important that
female crabs with orange/brown egg masses be returned to the water to insure future blue
crab generations.
ADDITIONAL INFORMATION AND DEFINITIONS
SHELLFISH
Marine mollusks include: clams, mussels, oysters, quahogs, razor clams, sea clams and scallops.
SHELLFISH PREDATORS
Green crabs, conch, starfish, moon snails and oyster drills. These should not be returned to
the water. Remove and place them above the high tide mark.
SHELLFISH AREA
Areas within the town, below the mean high water mark, which may be open for the harvesting of shellfish under conditions approved by the Board of Selectmen.
SHELLFISH LEASE
Privately leased land under coastal waters granted by the town to a resident for the purpose of
propagating and harvesting shellfish.
SHELLFISHING
To take or attempt to take or harvest shellfish by any method or means, whether or not such
method or means results in the taking or harvesting of shellfish.
CALENDAR WEEK
The week starts on Sunday and ends on the following Saturday.
CLOSED AREAS
Specified shellfish area where the harvesting of shellfish has been prohibited by the Board of
Selectmen and/or the Massachusetts Division of Marine Fisheries.
LEGAL LIMIT CONTAINERS
Town-approved, one bushel, legal limit boxes for commercial use with the dimensions of: inside length of eighteen inches (18"), inside width of twelve inches (12") and inside depth of
ten and three-quarters inches (10 3/4").
LEGAL HARVEST SIZES
Quahogs
One inch (1") hinge width
Soft Shell Clams Two inches (2") at longest diameter
Mussels
Two inches (2") at longest diameter
Oysters
Three inches (3") at longest diameter
Scallops
Must have a well-defined annual growth ring
Sea Clams
Five inches (5") at longest diameter
NON-COMMERCIAL (FAMILY) LIMITS PER WEEK
Quahogs
One ten (10) quart wire basket per permit
Soft Shell Clams One ten (10) quart wire basket per permit
Mussels
One ten (10) quart wire basket per permit
Oysters
One ten (10) quart wire basket per permit
Scallops
Legal limit bushel container per permit
Sea Clams
One-half (1/2) bushel per day
SHELLFISHING TOOLS
PART II
SHELLFISH, EEL, HERRING AND CRAB
RULES AND REGULATIONS
OPEN SHELLFISH AREAS ARE POSTED IN THE FOLLOWING AREAS:
TOWN HALL, POST OFFICES, NATURAL RESOURCES BUILDING (597 FOREST
ROAD, W. YARMOUTH) ON THE OUTSIDE BOARD.
OR CALL (508) 760-4800 MONDAY-FRIDAY 8:00 A.M. - 4:00 P.M.
SHELLFISH AREAS ARE SUBJECT TO IMMEDIATE CLOSURES
BY THE MASSACHUSETTS DIVISION OF MARINE FISHERIES.
FAMILY OR RECREATIONAL SHELLFISH
PERMIT REGULATIONS.
TOY CH 150-2. Family Shellfishing.
A. PERMIT REQUIRED.
(1) Residents and taxpayers of the Town of Yarmouth may, for the use of themselves and their families
take, from the shores and tidewaters of the Town of Yarmouth, shellfish and sea worms at such
places and times and in such manner and quantities as specified in these regulations or amendments
thereto, after first obtaining a permit. Permits shall expire on March 31st of each year.
(2) All resident and taxpayer regulations shall apply to non-residents, non-taxpayers and visitors.
(3) A family (recreational) permit shall be issued to an adult in the household and may be used by the
spouse or minor children living in the same domicile. Only one permit shall be issued per household.
(4) The holder of a shellfish permit shall, while shellfishing, carry on his/her person and wear in a visible manner on the outer clothing, the current shellfish permit. He/she shall also have readily available a form of positive identification.
B. FEES. Fees for family permits shall be as follows:
(1) Residents and taxpayers fifteen dollars ($15.00).
(2) Non-residents or non-taxpayers seventy-five dollars ($75.00).
C. RULES and REGULATIONS.
(1) No person holding a non-commercial permit shall sell or barter any shellfish taken under this permit.
(2) All children under the age of twelve (12) must be accompanied by an adult permit holder while shellfishing.
(3) A ten (10) quart wire basket shall be used as the container for clams, quahogs, oysters, razor clams
and mussels.
COMMERCIAL SHELLFISH REGULATIONS
TOY CH 150-3. Commercial Shellfishing.
A. PERMIT REQUIRED.
(1) A permit for the commercial taking of shellfish may be granted by the town to a person who qualifies
as a resident of the town by exhibiting a receipt for payment of real estate property taxes to the town,
a lease for habitation within the town, has children in local schools, or other acceptable evidence of
established residency, and who has obtained a valid commercial fisherman (shellfish) permit, or its
equivalent, from the Massachusetts Division of Marine Fisheries for the same year.
(2) Applications for commercial permits and payment must be submitted to the Division of Natural Resources between February 1st and February 28th of the year for which the permit is
sought. No applications will be accepted after February 28th of the year for which the permit is
sought. Each application may be subject to a 15-day review by the Shellfish Constable.
(3) Commercial permits shall expire on February 28th of each year following the year in which the permit is granted and shall not be reassigned nor transferred.
(4) No commercial shellfish permit shall be issued to persons under sixteen (16) years of age.
B. FEE.
The fee for a commercial shellfish permit shall be three hundred dollars ($300).
C. RULES and REGULATIONS.
(1) Permit holders taking shellfish shall use town-approved, legal limit containers with no broken edges.
(2) Holders of commercial permits shall not employ for wages or shares or for any other consideration,
nor permit to assist them in the taking of shellfish, any persons not possessing in their own names
commercial shellfish permits in full force and effect. Each permit holder present shall be actively engaged in the harvesting of their own shellfish.
(3) All shellfish in transit must be appropriately tagged with the permit-holder's name, Division of Marine Fisheries area designation, area name and date of catch.
(4) Permit holders taking shellfish shall depart and land their catch in the Town of Yarmouth landings
and waters unless otherwise specified by the Shellfish Constable.
(5) No permit holder shall come ashore with shellfish and return to the water for additional shellfish on
the same day without the permission of the Shellfish Constable.
(6) Hydraulic pump regulations: Pumps used to harvest soft shell clams shall not exceed five and onehalf horsepower (5 1/2 HP) and the rigid portion of the discharge hose, or the wand, may not exceed
five feet (5') in length. Unless otherwise restricted, pumps may not be operated between the hours of
7:00 P.M. and 7:00 A.M.
(8) When fishing with two (2) commercial permits to a boat, all parties must leave the shore together.
They must be actively shellfishing during the time they are on the water and must return to the shore
together.
(9) When using a hydraulic pump, commercial fishermen/women must not enter the water until 7:00
A.M and 8:30 AM in Follins Pond during the Rain Fall Conditional Status..
(10) No shellfishing within five feet (5') of any dock or pier.
BAY SCALLOP REGULATIONS
TOY CH 150-4. Bay Scallops.
A. No person shall take from the shores or waters of the Town of Yarmouth any non-adult or seed scallops.
B. For the purpose of this regulation, an adult bay scallop shall be a scallop with a well-defined raised annual growth ring.
C. Scallops shall be immediately culled, and seed scallops shall be returned alive to the water from whence
they were taken.
D. Bay scallop's season shall be set by the Selectmen annually, but in no instance shall scallops be taken between April 1st and the following September 30th per the Massachusetts Division of Marine Fisheries.
E. Holders of commercial and recreational permits taking scallops shall obtain legal limit bushel boxes. All
scallops shall be landed in legal limit bushel containers at places designated by the Shellfish Constable.
F. Boats used for scallop fishing in Bass River may not exceed twenty feet (20') in length.
G. No more than two (2) commercial permit holders per boat.
H. No more than two (2) dredges per boat. Dredges may not exceed thirty-six inches (36") in width.
GENERAL SHELLFISH REGULATIONS
The following regulations apply to all permit holders.
TOY CH 150-5. Shellfish Regulations.
A. A person taking shellfish shall land at any place designated by the Shellfish Constable at any time to allow inspection of permit and take.
B. No person shall dig, take, or carry away any shellfish, or shells or seaworms between sunset and sunrise
by any method whatsoever.
C. No shellfishing of any kind shall be allowed when the temperature reads plus thirty-two degrees Fahrenheit (+32 degrees F) or lower, except for commercial taking of quahogs, as specified under the Commercial Shellfish Regulations Amendments.
D. All shellfish shall be brought ashore in the shells.
E. No shellfish shall be taken from areas that the Selectmen may, from time-to-time, designate as "Closed
Areas." Any area not specified as an "Open Area" by the Board of Selectmen shall be considered a
"Closed Area." Sea worms may be taken from areas posted as "Closed" to shellfishing. No shellfish shall
be taken from privately leased shellfish areas which are appropriately marked.
F. No clams or mussels shall be taken that measure less than two inches (2") in their longest diameter. No
quahogs shall be taken that measure less than one inch (1") across the hinge. No oysters shall be taken
that measure less than three inches (3") lengthwise. All shellfish shall be culled immediately.
G. No starfish, green crabs, conch, moon snails, oyster drills or winkle shall be returned to the water. They
shall be placed above the high water mark or some suitable place out of the water.
H. No person shall plant, place or transplant shellfish in town waters without first obtaining special permission from the Shellfish Constable and the Massachusetts Division of Marine Fisheries. Shellfish farming
may be permitted under the Aquaculture Lease Program. Applications may be obtained from the Division
of Natural Resources.
I. Seed soft shell clams that were dry-dug must be replanted with siphons (necks) up. All holes dug in
search of soft shell clams must be filled in prior to digging a new hole before leaving the area.
J. Permit holders diving for shellfish must have appropriately marked dive flags and shall have their permits readily available in the vessel.
TOY CH 150-6. Fish Traps, Pound Nets and Weirs.
No person shall set or maintain a fish trap, pound net or weir in the tidewaters of the Town of Yarmouth
without first obtaining a license from the Selectmen, which must be approved by the Department of Public
Works and the Director of Marine Fisheries.
TOY CH 150-7. Eel Pots.
Permits shall be required to set eel pots. (See Eel Regulations, TOY CH 148, as follows).
TOY CH 148. Eels: (Anguilla rostrata). A catadromous marine animal commonly known as
the American eel.
TOY CH 148-1. Commercial Use.
The following regulations shall apply to the commercial taking of eels.
A. No fyke nets shall be allowed.
B. Permit numbers shall be displayed on all pots and buoys.
C. The Selectmen reserve the right to open and close certain areas to be fished.
D. No person shall be permitted to fish over forty (40) pots.
E. All buoys shall be painted yellow - the town's color.
F. Pots shall not be set in navigable, marked channels.
G. Any person having held a commercial eel permit for the previous year shall give a written report of his/
her total catch before receiving a new commercial eel permit.
H. The fee for a commercial eel permit shall be twenty-five dollars ($25.00) per year.
I. The Town of Yarmouth shall not issue non-resident commercial eel permits.
TOY CH 148-2. Family Use.
The following regulations shall apply to the taking of eels by a family.
A. Shellfish permit holders shall be entitled to three (3) pots.
B. Non-resident family:
1. Limit: Three (3) pots.
2. Fee: Twenty-five dollars ($25.00).
C. All pots and buoys shall be marked with the town color (yellow).
D. Permit numbers shall be displayed on pots and buoys.
TOY CH 153. HERRING RUN REGULATIONS
TOY CH 153.1
A. Residents of the Town of Yarmouth may take one (1) bushel of Alewives or Herring per day, but not
more than four (4) bushels per year.
B. Other residents of the Commonwealth of Massachusetts may take twelve (12) Alewives or Herring per
day, but not more than one (1) bushel per year.
TOY CH 153.2
A. Herring and Alewives may be taken only by dip net or by hand.
B. Herring and Alewives are to be taken only from designated areas.
C. Do not disturb Herring or Alewives outside of catch areas.
D. All Herring and Alewives taken from the water must be placed in a suitable box, pail or basket and removed from the area. Paper and cardboard containers are not suitable.
E. No Herring or Alewives are to be taken on Sunday, Tuesday or Thursday.
TOY CH 153.3
A. Throwing objects into the waterway and/or malicious destruction of the Herring and Alewives is prohibited.
B. Throwing litter in the abutting area is prohibited.
C. Officers on duty will enforce these regulations so that all might better enjoy the area.
Per Order of:
SELECTMEN
Town of Yarmouth
STATE REGULATIONS FOR BLUE CRAB
The season for taking blue crabs is May 1st to November 30th. A license is not necessary for netting blue
crabs, however, a state crab-lobster permit is required when using traps or pots.
MGL CH 130.37 Catch Limits
Taking of edible crabs is permitted for the use of oneself or immediate family, provided that the number of
such edible crabs so taken by any one person shall not exceed 50 in one day, and such edible crabs shall not
be taken by pots or traps.
322 CMR 61.9 (2) Limits
Possession of edible crabs measuring less than four and one-eighth inches (4 1/8") from point-to-point is prohibited. Throw back all crabs that are under this size. This will help ensure a parent stock.
322 CMR 61.9 (3) Disallowed
Possession of egg-bearing females is prohibited. Throw back any females with a dark orange/brown egg
mass beneath the belly flap.
Note: It is advised to return female blue crabs to insure breeding stock and future
generations.
PENALTIES AND ENFORCEMENT
The foregoing regulations shall be enforced by the Shellfish Warden, the Shellfish Constables and the Natural Resource Officers of the Town. The enforcing
persons may, at their discretion, initiate criminal proceedings for any violation
thereof, in which case the penalties shall be as provided in Chapter 130 of the
Massachusetts General Laws. Alternatively, enforcing persons may utilize the
method of non-criminal disposition established by Article 8 of Chapter 150 of the
Town By-Laws. If the latter method is used, the specific penalties for violation of
the above Shellfish Rules and Regulations shall not be less than twenty-five dollars ($25.00), nor more than seventy-five dollars ($75.00) for each offense and/or
the suspension or revocation of the offender's permit or license. Offenders, at
their request, shall be granted a hearing by the Board of Selectmen if a permit or
license is suspended or revoked.
Any person who aids or assists in a violation of any Rules and Regulations, or
shares in any of the proceeds of the said violation by receiving or processing
shellfish, shall be deemed in violation of said Rules and Regulations and be subject to the same penalties.