2026-02

Amendments to New Shoreham General Ordinance, Chapter 9 Marine Activities, Areas and Structures; Article IV Fishing; Division 2 Shellfishing; 9-140 Issuance of shellfish licenses; license categories; fee; term; 9-142 Quantities and restrictions

It is ordained by the New Shoreham Town Council:

DIVISION 2 SHELLFISHING

§ 9-140. Issuance of shellfish licenses; license categories; fee; term. [Rev. Ords. 1989,

§ 9-140; Ord. of6-18-1997, § 9-140; Ord. of2-16-2000, § 9-140; Ord. of6-20-2005; Ord. of3-7-2011, § 9-140; Amd. of 6-4-2012; Ord. No. 2013-05, May 15, 2013, § 9-140]

1. The shellfish commission, the town clerk, the harbors dept., N.S.P.D. and such other persons as may be designated by the town council are empowered and authorized to issue shellfish licenses, as follows:
   1. Classes of Licenses:
      1. Commercial license. An applicant for a commercial shellfish license, or a renewal thereof, shall have maintained a principal residence within the town continuously for no less than 12 consecutive months prior to the date of application or renewal. The annual fee for this license is on file in the town clerk's office. Applicants must hold a valid state commercial shellfish license with an appropriate shellfish endorsement, or multipurpose commercial license. Applications shall be made to the shellfish commission, who will then recommend action to the town council together with proof of residence. The maximum number of Block Island commercial shellfish licenses to be sold in a given year (January 1 through December 31) shall not exceed 20 and no more than one Block Island nonresidential commercial shellfish license shall be issued. All said licenses are nontransferable. Commercial licenses shall be for a period of one year, January 1 through December 31. Any existing license not renewed by the town council prior to January 1 of each year, and not issued by the town clerk in exchange for receipt of the required fee prior to February 1 of each year shall be forfeited.
      2. Taxpayer and/or resident license. An applicant for a taxpayer and/or resident shellfish license, or renewal thereof, shall be a person who is a real estate taxpayer and/or resident. Taxpayer and/or resident licenses shall be for a period of one year; May 16 through May 15 of each year. The fee for this license is on file in the town clerk's office. Shellfish taken under this license cannot be offered for sale or trade.
      3. Seasonal (summer) license. Any person may obtain a seasonal license valid during the period of sunrise of the Saturday preceding Memorial day through sunrise on the second Tuesday in October. The fee for this license is on file in the town clerk's office. This license is offered on a weekly, monthly and seasonal basis. Shellfish taken under this license cannot be offered for sale or trade.
      4. Off-season license. Any person may obtain an off-season license valid during the period from sunrise of the second Tuesday in October through sunrise of the Saturday preceding Memorial Day. The fee for this license is on file in the town clerk's office. This license is offered on a weekly and seasonal basis. Shellfish taken under this license cannot be offered for sale or trade.
      5. Golden license. Any person 65 years of age or older may obtain a golden shellfish license valid during the period May 16 through May 15 of each year. The license must be renewed annually and the fee is on record in the office of the Town Clerk. Shellfish taken under this license cannot be offered for sale or trade.
      6. Veteran's license. Any veteran of the United States military may obtain a veteran’s shellfish license valid during the period May 16 through May 15 of each year. Proof of veteran status is required at the time of application. The fee for this license is on file in the town clerk's office. Shellfish taken under this license cannot be offered for sale or trade.
      7. Golden commercial license. The town council may, at its will, issue this license to any person 65 years of age or over. This person must meet all requirements as described in subsection (a)(1) of this section, pertaining to commercial shellfish licenses.
   2. Combined total licenses not to exceed cap; exception. The combined total sale of the weekly, monthly, seasonal and off-season (this does not apply to taxpayer and/or resident licenses) shellfish licenses shall not exceed the cap set forth by the town council. The cap is based on the recommendation of the shellfish commission. The cap will be kept on file in the harbormaster's office.

§ 9-142. Quantities and restrictions. [Rev. Ords. 1989, § 9-142; Ord. of3-3-1992; Ord. of9-16-1992; Ord. of5-15-1996; Ord. of2-16-2000, § 9-142; Ord. of2-2-2005, § 9-142; Ord.of3-7-2011, § 9-142]

1. Soft-shell clams, quahogs, sea clams, and mussels.
2. The following are the daily possession limits for each category as long as the waters are certified by the state department of environmental management for the direct harvest of shellfish:
   1. Off-season: From sunrise of the second Tuesday in October through sunrise of the Saturday preceding Memorial Day:

2. Season: From sunrise of the Saturday preceding Memorial Day through sunrise of the second Tuesday in October the following are the quantity limits for each license category, but under no circumstances can any person take more than two bushels of shellfish in any one day of the season.

2. Scallops and Oysters
3. The following are the daily possession limits for each category as long as the waters are certified by the state department of environmental management for the direct harvest of shellfish:
   1. Off-season: No person shall take and/or possess any oysters and scallops from sunrise on May 16 through sunset on September 14 (for oysters) and from sunrise on January 1 through sunset on the first Friday in November (for scallops), except as allowed by the town/CRMC in permit sites in open waters.

2. Season: From sunrise on September 15 through sunset on May 15 (for oysters) and from sunrise on the first Saturday in November through sunset on December 31 (for scallops), the following are the quantity limits for each license category:

Posted:            February 23, 2026                               

Hearing:          March 18, 2026           

Adopted:         March 18, 2026

Effective:        March 25, 2026

Posted:            March 20 – March 27, 2026

Attest:             Millicent M. Highet, MMC, Town Clerk