322 CMR, § 6.20

Current through Register 1533, October 25, 2024

Section 6.20 - Quahogs, Soft Shelled Clams and Oysters

(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.