(1)
Definitions.
Aquaculturist means any person
authorized by the Director to propagate or rear shellfish for commercial
purposes under the authority of a shellfish propagation permit issued pursuant
to 322 CMR
7.01(4): Special
Permits.
Batch means all shellfish in each
separate container.
Commercial Purposes means the
possession of any oyster, quahog or soft shelled clam by a commercial fisherman
or aquaculturist for primary purchase by a dealer acting as a primary
buyer.
Container means any bag, box, basket,
cage, tote or other receptacle containing loose shellfish or fish which may be
separated from the entire load or shipment.
Dealer means any person, business or
entity that is permitted in accordance with M.G.L. c. 130, § 80, and
322
CMR 7.01(3): Dealer
Permits to purchase or sell shellfish at a wholesale or retail
level.
Hinge Width means the distance between
the convex apex of the right shell and the convex apex of the left
shell.
Market Size means any oyster, quahog
or soft shelled clam that is at least the minimum size prescribed at
322
CMR 6.20(2) and may be
harvested, possessed or sold for commercial purposes.
Oyster means that species of mollusk
known as Crassostrea virginica.
Quahog or Hard
Clam means that genus of mollusk known as Mercenaria
sp.
Razor Clam means that species of
mollusk known as Ensis directus.
Seed means any oyster, quahog or soft
shelled clam that is less than the minimum size prescribed at
322
CMR 6.20(2).
Soft Shelled Clam means that species
of mollusk known as Mya arenaria.
(2)
Minimum Sizes.
(a)
Quahogs. No
person shall take or have in possession quahogs less than one inch shell
thickness (hinge width).
(b)
Soft Shelled Clams. No person shall take or have in
possession soft shelled clams less than two inches in longest
diameter.
(c)
Oysters. No person shall take or have in possession
oysters less than three inches in longest diameter.
(d)
Exemptions for Aquaculture
Reared Oysters and Quahogs Aquaculture Reared Minimum Sizes.
1.
Quahogs. No
aquaculturist or his or her licensed employee shall possess for commercial
purposes or sell aquaculture reared quahogs less than f inch shell thickness
(hinge width).
2.
Oysters. No aquaculturist or his or her licensed
employee thereof shall possess for commercial purposes or sell aquaculture
reared oysters less than 21/2 inches in longest diameter.
3. In addition to the shellfish tagging
requirements at
322
CMR
16.03:
Tagging of
Shellfish, all aquaculturists or their licensed employees shall
include the statement "Aquaculture Reared" or "Farm Raised" on all shellfish
tags that are affixed to containers that hold either quahogs or oysters that
are aquaculture reared and do not conform to the minimum sizes at
322
CMR
6.20(a) and
(c).
(e)
Tolerance. All
minimum sizes at
322
CMR
6.20(2) shall be
subjected to a tolerance where the possession of undersized quahogs, soft
shelled clams and oysters shall not exceed 5% of the count of any
batch.
(3)
Transplanting Seed or Adult Oysters.
(a) It shall be unlawful for a person to
plant, transplant, or introduce for the purpose of transplanting seed or adult
oysters into any waters or into any designated shellfish growing areas within
the Commonwealth without first obtaining a special permit issued by the
Director in accordance with
322
CMR
7.01(4)(c):
Special Project.
(b) Any oysters planted, transplanted or
introduced in violation of
322
CMR
6.20(3) shall be
confiscated and destroyed.
(c) Any
violation of the provisions of
322
CMR
6.20(3) is punishable by
a fine of not less than $10.00 and not more than $1,000 or by imprisonment for
a month.
(4)
Use of Bleach or Bleach Solutions to Harvest Razor Clams or Soft
Shelled Clams. It shall be unlawful for any recreational or
commercial fisherman to possess or use bleach or bleach solutions while fishing
for razor clams or soft shelled clams.
Notes
Amended by
Mass
Register Issue 1264, eff. 7/4/2014.
Amended by
Mass
Register Issue 1324, eff.
10/21/2016.
Amended by
Mass
Register Issue 1336, eff.
4/7/2017.
Amended by
Mass
Register Issue 1363, eff.
4/20/2018.
Amended by
Mass
Register Issue 1416, eff.
5/1/2020.
Amended by
Mass
Register Issue 1487, eff.
1/20/2023.
Amended by
Mass
Register Issue 1520, eff.
4/26/2024.
