§ 407-8. Shellfishery conservation and management., Article II. Recreational Shellfishery, Chapter 407. Shellfish, Part IV. Town Manager Regulations, Code of Ordinances, Barnstable

Temperature restriction. Dry digging for soft shell clams and quahogs is prohibited when the air temperature is 28° F. or below.

Backfilling of dig holes. All dig sites shall be backfilled when dry digging all shellfish.

Mainland thatch conservation. The digging of shellfish in the thatch (grass) on the mainland shore is prohibited. Dig sites in the thatch on flats and islands shall be repaired.

Shucking restriction. All shellfish harvested shall be brought ashore in the shell.

Wet storage prohibition. The wet storage of shellfish in the Town of Barnstable waters is prohibited.

Transport of seed restriction. No person shall transport or move seed clams, quahogs, oysters or scallops, except that a five-percent (by count) of seed shall be allowed as a margin of error.

Area closures. No person shall take or attempt to take shellfish from a closed area with the exception of scallops. Shellfishing for any purpose is prohibited in these areas. (See also shellfish area status.) Areas may be posted closed from time to time by Natural Resources or the Board of Health due to high concentrations of seed, point source pollution or health hazard, propagation projects or other purpose. The taking of shellfish from these areas is prohibited. Also, the taking of shellfish from any shellfish culturing gear or tampering with said gear deployed by public and/or private entities on approved designated areas is prohibited. Said approved designated areas shall be considered closed areas.

Editor's Note: See Art. VIII of this chapter.

Inspections. All shellfish and sea worms harvested in the Town of Barnstable are subject to inspection. Failure to display shellfish upon demand of enforcement personnel shall be a violation.

Destruction of shellfish or shellfish habitat. The willful destruction of shellfish and/or shellfish habitat is prohibited and shall be punishable by a fine not to exceed $1,000 per incident, and $1,000 per day for any such destruction which continues over more than a twenty-four-hour period of time.