Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.20 - Quahogs, Soft Shelled Clams and Oysters

Current through Register 1525, July 5, 2024
(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 2½ 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.