Harbor Shellfish Advisory Board forwards amended shellfish regulations to Select Board after debate over green-crab permits

The Harbor Shellfish Advisory Board voted April 15 to forward amended town shellfish regulations to the Select Board and request a public hearing, after debate about how the draft addresses green-crab permits, eel traps and the transferability of commercial trap tags.

Board member Mister Franzuto moved to “accept the regulations as amended and forward it to the select 1 for approval,” and Mister Anderson seconded. The motion passed with Mister Franzuto, Mister Anderson, Mister Brace and the chair voting aye; Mister DeCosta and Mister Sherwin abstained. The board asked staff to note the abstentions and the reason for recusal in the submission to the Select Board.

Why it matters: The draft changes clarify how town rules will reference state requirements for harvesting green crabs, set limits on bycatch in closed areas used for scalloping, and preserve an administrative path for transferring commercial trap tags. Those points affect commercial harvesters and recreational users who take bait in Nantucket Harbor.

Discussion and key clarifications - Green crab Letter of Authorization (LOA): Jeff, director of Natural Resources, and JC (local constable) explained that the draft regulations reference a state requirement that operators using pots for green-crab harvest obtain a Letter of Authorization from the Massachusetts Division of Marine Fisheries (DMF). JC said the LOA “is free. You just need to apply for it,” and that the state also requires reporting on pot contents. The board agreed the town’s rule will ask for a copy of any LOA to be filed with the local constable “just to have on file.”

- Terrapin turtles and local presence: Board staff Tara summarized prior outreach to a turtle specialist and reported that “there hasn't been one here for decades,” and that it is “questionable whether there was ever one to begin with,” meaning the state’s terrapin-related restrictions appear to be applied as a blanket requirement rather than reflecting local terrapin observations.

- Small-scale bait taking vs. commercial trapping: Several board members, including Mister Brace and Mister Frans(uto/Franzuto), pressed whether the LOA requirement effectively criminalizes small recreational bait-taking (for example, a child using a single trap off a town wharf). JC and others said DMF’s LOA requirement applies to the use of pots (particularly six-sided pots) and that alternative methods (dip nets, small eel traps) are treated differently. Tara and JC noted the LOA’s reporting requirement is the main state-imposed obligation the town is linking to; the draft does not add separate town-level limits or timing for green-crab harvest beyond asking for the state LOA copy.

- Eels and recreational permits: The board discussed whether eel traps require a separate town permit. Jeff and JC said the town does not regulate eels; recreational saltwater fishing permits cover recreational eel harvest. JC and Jeff said that commercial eel licenses exist at the state level but the town has no separate eel permit requirement.

- Transferability and short-term solution for conch ("conk") trap tags: Commercial harvester Dan explained he is counting on being able to use 60 traps this season and that new regulations could be delayed until July. The board confirmed the existing town rules still allow a current permit holder (for example, Jimmy Ellis or Matt) to transfer their trap tags to another holder if they come to the office with proper state permit documentation and sign the paperwork. Jeff said the town staff can process such transfers under the current regulations so long as the paperwork is in order; the board encouraged harvesters to work with staff if timing for the new regulations would harm livelihoods.

Vote and next steps Mister Franzuto made the motion to forward the amended regulations and request scheduling of a public hearing; Mister Anderson seconded. The motion passed with the chair and three board members voting aye; two members abstained. The board requested that the submission to the Select Board explicitly document that the abstentions were recusals for financial interest and that the formal record reflect the board’s recommendation to schedule a public hearing.

The Natural Resources staff will forward the amended draft to the Select Board for scheduling and will circulate a cover note highlighting the changes recommended by SHAB, including the LOA reference, the bycatch restriction in closed areas, and the tag-transfer provisions. The board agreed to mail or otherwise notify commercial license holders of changes once the Select Board and any public hearing process are complete.

Ending: The board also discussed related items on the agenda — including the conch-season trap-tag timeline, outreach and education about bycatch and closed-area rules, and plans to communicate changes to recreational users — and set the next SHAB meeting for May 6, 2025.