1. No person shall take from the flats or waters of the Town of Brewster soft shell clams, sea clams, mussels, quahogs, razor clams, sea worms or eels without first obtaining from the Board of Selectmen a permit or license to do so.
2. Persons entitled to a resident family permit (one per family) shall be a real estate taxpayer and/or legally domiciled person of the Town of Brewster and shall include the immediate members of their family only. (Immediate in this content means a family member living with and/or supported by the taxpayer on a year-round basis.) Permits are not transferable and are subject to revocation by the Board of Selectmen if misused
3. Fees for permits shall be as follows:
Resident over 70 years of age (lifetime License) $5.00
Resident Annual Shellfish Permit $20.00
Non-Resident Annual Permit $100.00
Non-Resident (one week) $15.00
4. Shellfish permits can be obtained at the Brewster Town Offices, Monday through Friday from 8:30 AM to 4:00 PM, except holidays, from September 1st to June 30th. Permits are available every day, including holidays, from July 1st to August 30th from 9:00 AM to 3:00 PM.
5. Permits shall be worn in carrying case in a visible location on his/her person while engaged in shellfishing at all times.
6. Limits on Shellfish: 10 quarters of shellfish per week may be taken, except for sea clams, which is ½ bushel.
Soft-shell clams-5 quarts; quahogs and mussels-10 quarts per week including shells; Quahogs must be 1" in thickness, Mussels must be a minimum 2" long.
Sea clams-1/2 bushel per week including shells; size must be 5 inches or more or 1 ½ quarts of shucked meats;
Oysters-10 quarts; size must be 3 inches or more (October 1 to March 3);
Razor clams-10 quarts;
Scallops-1 bushel per week during season (October 1 to March 3). All scallops must have a well-defined growth ring or they will be deemed to be seed Scallops and must be returned to the water;
Sea worms-3 dozen per day;
Sand Eels-3 dozen per day;
American Eels-3 dozen per day; 4 trap limit
A week is classified as a seven-day period from sunrise on Sunday through sunset on Saturday
7. All shellfish shall immediately be culled when harvested and all seed shellfish immediately returned to that area where harvested.
8. All holes dug in the process of digging shellfish and/or worms shall be filled in to ground level as they constitute a hazard to other shellfishermen and walkers.
9. The taking of shellfish from the water and flats within the Town of Brewster by implements other than those known as long rake, scratcher, tong, quahog rake, clam rake or clam hoe, is PROHIBITED. Shovels, pitchforks, garden rakes, garden shoves, plunger, etc., are not allowed.
10. Specified areas that are closed to the taking of shellfish shall be posted in the Town Hall and the Police Station.
11. During the months of July and August, the taking of shellfish will be allowed only on Sunday and Thursday.
12. From June 1 through September 30, all beaches east of a point 100 yards to the west of Ellis landing to the Town line (Namskaket Creek) will be closed to the taking of shellfish (Ellis Landing, Bonnie Doone Road, Anson Way, Linnell Landing, Crosby Landing and Namskaket Creek). The taking of shellfish from the rockpiles (seedbeds) directly off of Ellis Landing and Ocean Edge is prohibited throughout the year.
13. The taking of soft-shell clams; i.e., steamers, shall be permitted only from October 1 to May 1 with a 5-quart limit unless otherwise posted.
14. During the months of July and August all shellfish harvested in the Saints Landing stocked area must be landed and checked out by the Natural Resources Department at Saints Landing.
15. The immediate areas of Paine's Creek, Quivett Creek, Namskaket Creek are closed to the taking of shellfish due to contamination. BY ORDER OF THE BOARD OF HEALTH AND THE COMMONWEALTH OF MASSACHUSETTS UNTIL FURTHER NOTICE.
16. No person shall dig take or carry away any shellfish or shells between sunset and sunrise by any method whatsoever from any water, flat or creek in the Town of Brewster.
17. No starfish, conches, or periwinkles shall be returned to the waters but shall be placed on shore above the high water mark.
18. The Board of Selectmen reserve the right to suspend for a period of 30 days the permit of any person violating the Town regulations on shellfishing. Whoever violates any rules or regulations made under the authority of Ch. 130 of Federal laws of the Commonwealth of Massachusetts, unless otherwise provided, shall be punished by a fine of not less than $15.00 but not more than $1,000.00.
19. No shellfishing will be allowed when the air temperature is 30'f or 1'c or below.
20. Digging in grass areas, including grass roots is prohibited.
21. Violations of aforementioned regulations are subject to written citation, court appearance and fine.
Scallop regulations will be published at a later date under separate notice
ADOPTED JANUARY 24, 2000
BREWSTER BOARD OF SELECTMEN