§ 407-3. Classes of recreational shellfishing permits, licensing requirements and conditions.

A. 

Resident recreational permits: Those who pay real estate taxes or are residents, as defined, of the Town of Barnstable are entitled to a Town of Barnstable recreational shellfishing permit. This permit also allows the taking of sea worms, herring and eels for noncommercial purposes. Fee: $40.

(1) 

Family recreational permit: issued on the basis of one per resident family, as defined.

(2) 

Individual recreational permit: issued to unmarried resident individuals over the age of 18.

B. 

Nonresident recreational permit: issued to an individual, regardless of residency. The same conditions as resident recreational permits apply, with the exception of Town of Barnstable residency. Fee: $140.

C. 

Senior recreational permit: issued to an individual who has attained the age of 65 and is a legal resident of, or pays real estate taxes to, the Town of Barnstable; one permit per family. Fee: $30.

D. 

Seasonal recreational permit: issued to an individual, regardless of residency. The permit shall be effective from June 1 through August 31 for the year it was issued. The same conditions as resident recreational permits apply. Fee: $70. The permit may be upgraded to a nonresident recreational permit, for the year it was issued, for an additional $70.

E. 

Permit conditions.

(1) 

Permit expiration date: Recreational permits expire on March 1, each year, except as otherwise noted.

(2) 

Unlawful harvest without a recreational permit: No person shall take or attempt to take shellfish or sea worms within the Town of Barnstable, unless he or she is in possession of a valid Town of Barnstable shellfish permit.

(3) 

Prohibition of sale of shellfish: No person shall sell or offer for sale, for money or other consideration, any shellfish, sea worms, herring or eels, taken under a recreational permit.

(4) 

Transfer of permit: The Town of Barnstable shellfish permit is not transferable without the written permission of the Town Manager or Shellfish Constable. An illegally transferred permit shall be considered invalid.

(5) 

Child under 12: No person (child) under the age of 12 years shall be allowed to use the recreational permit unless accompanied by an adult with a valid shellfish permit.

(6) 

Guests of a recreational permit holder: A recreational permit holder may take guests to dig with them as long as only one weekly limit is taken. One limit per permit is allowed. The permit holder must be present and is responsible for any violations against the shellfish rules and regulations by the guest(s).

(7) 

The Town of Barnstable shellfish permit shall be visibly displayed on the person while shellfishing and transporting ashore.

(8) 

Landing restriction: All shellfish harvested under a recreational permit shall be landed in the Town of Barnstable.

Amended 9-30-2010; 1-5-2011; 1-1-2016