Possession of Shellfish from Areas Closed to Commercial Harvesting

(1) Purpose. Shellfish management in Massachusetts is a cooperative effort between state and municipal government. The purpose of 322 CMR 16.09 is to ensure uniform compliance with state and local shellfish regulations and enhance shellfish populations byprohibiting commercial fishermen and dealers from harvesting or accepting any shellfish from an area that is not open for commercial harvest by the Division or the municipality that regulates commercial harvest in its waters pursuant to M.G.L. c. 130, § 52. (2) Prohibitions. It shall be unlawful for: (a) Commercial fisherman to harvest, attempt to harvest, sell, or attempt to sell any shellfish from any growing area, or part thereof, that is not open to commercial harvest by the Division or the municipality that regulates commercial harvest in its waters pursuant to M.G.L. c. 130, § 52. (b) A dealer to accept or attempt to accept from any person shellfish that was taken from a shellfish growing area, or part thereof, that is not open to commercial harvest by the Division or the municipality that regulates commercial harvest in its waters pursuant to M.G.L. c. 130, § 52. (16.10: Depurated Fishery Regulations (Reserved))