Code of Massachusetts Regulations
322 CMR - Division of Marine Fisheries
Title 322 CMR 12.00 - Protected Species
Section 12.02 - Definitions

For the purposes of322 CMR 12.00, the following terms shall have the following meanings:

Abandon means to leave any fixed gear in the waters for a period of at least 30 days without hauling the gear or to leave any fixed gear in any fixed gear seasonal closure.

Bottom or Sink Gillnet means a gillnet, anchored or otherwise, that is designed to be, capable of being, or is fished on or near the bottom in the lower third of the water column.

Breaking Strength means the highest tensile force which an object can withstand before breaking.

Buoy Line means that segment of line connecting fishing gear in the water to a buoy at the surface. For trap gear, the connection to the fishing gear in the water shall be where it connects to a trap, trap bridle, or groundline in front of the terminal trap at that end of the trawl. If the connection between the buoy line and the groundline is not readily apparent or visible then the terminus of the buoy line shall occur at the point 12' in front of the terminal trap at that end of the trawl.

Buffer Zone means an area outward from a right whale a distance of 500 yards in all directions.

Cape Cod Bay Vessel Speed Restriction Area shall consist of all waters of Cape Cod Bay south of 42° 08' north latitude and those waters north and east of Cape Cod west of 70° 10' west longitude.

Commercial Fisher means any person who may set gear or catch, possess or land fish for the purpose of sale, barter, or exchange or keeps for personal use any fish taken under the authority of a commercial fishing permit issued in accordance with M.G.L. c. 130, §§ 2, 37, 38 or 80, and 322 CMR 7.01(2): Commercial Fishing Permits.

Double means two traps connected together by a groundline with a single vertical line buoy attached.

Fish means to use, set, maintain, leave in the water, or haul any traps or gillnets to harvest, catch, or take fish.

Fixed Fishing Gear means any bottom or sink gillnets or traps that are set on the ocean bottom or in the water column and are usually connected to lines that extend to the water's surface.

Gillnet means anchored, or surface or drifting vertical walls of webbing, buoyed on top and weighted at the bottom, designed to capture fish by entanglement, gilling, or wedging.

Groundlines means the lines connecting traps on a trap trawl and lines connecting gillnets to anchors.

Homeport means the location assigned as a vessel's home on its commercial American Lobster Permit issued by NOAA Fisheries, or if a federal commercial American Lobster Permit is not held, then the Homeport shall mean the location assigned as the vessel's home on its Coastal Lobster Permit issued by the Division of Marine Fisheries pursuant to 322 CMR 7.01(2): Commercial Fishing Permits.

Large Whale Seasonal Trap/Pot Gear Closure Area means those waters under the jurisdiction of the Commonwealth that fall within the federally designated Massachusetts Restricted Area listed in the Atlantic Large Whale Take Reduction Plan and established at 322 CMR 12.11.

Massachusetts Restricted Area means those waters described in the federal Atlantic Large Whale Take Reduction Plan and bounded by the following coordinates: beginning at the shoreline at 42° 12' N latitude; thence heading due east to where 42° 12' N latitude intersects with 70° 30' W longitude; thence due north to where 70° 30' W longitude intersects with 42° 30' N latitude; thence due east to where 42° 30' N latitude intersects with 69° 45' W longitude; thence due south to where 69° 45' W longitude intersects with 41° 56.5' N latitude; thence in a straight line in a southeasterly direction to where it intersects with 41° 21.5' N latitude and 69° 16' W longitude; thence in a straight line in a west southwesterly direction to where it intersects with 41° 15.3' N latitude and 69° 57.9' W longitude at the shoreline of Nantucket; thence following the eastern shoreline of Nantucket to where it intersects with 70° 00' W longitude; thence due north to where 70° 00' W longitude intersects with the shoreline of Cape Cod at 41° 40.2' N latitude; thence following the shore line of Cape Cod back to the original point.

Massachusetts Mixed Species Pot/Trap Fishery means inclusively the commercial lobster and crab trap, black sea bass pot, scup pot, and whelk pot fisheries occurring within the waters under the jurisdiction of the Commonwealth.

Negatively Buoyant Line means line that has a specific gravity equal to or greater than that of seawater, 1.03, and does not float up in the water column.

Positively Buoyant Line means line that has a specific gravity less than that of seawater, 1.03, and floats up in the water column.

Recreational Fisher means any person permitted in accordance with M.G.L. c. 130, § 38, and 322 CMR 7.01(4)(b) to catch, possess and land lobster or crabs for family use, sport, or pleasure, which are not to be sold, traded, or bartered.

Registered under the Laws of the Commonwealth means any individual or vessel which is licensed by the Division of Marine Fisheries as evidenced by the issuance and possession of a valid commercial Offshore Lobster Permit or Coastal Lobster Permit, issued pursuant to 322 CMR 7.01(2): Commercial Fisherman Permits, which may be in addition to any federal registration of the vessel.

Right Whale means that species of marine mammal known as Eubalaena (Balaena) glacialis.

Single Trap means individual set and buoyed traps.

To Abandon or To Store means to leave fixed gear in the water without hauling it at least every 30 days or in prohibited areas during prohibited periods.

To Fish means to use, set, maintain, leave in the water or haul gillnets or traps to harvest, catch, or take any species of fish or lobster.

Trap means any lobster trap, modified lobster trap, fish pot, fish trap, conch pot, or other contrivance, other than nets, that is placed on the ocean bottom and designed to catch finfish, whelks, lobsters or crabs.

Trawls means a series of single traps that are tied together and buoyed at one or both ends.

Vessel means every description of watercraft or other artificial contrivance used, or capable of being used, as means of transportation on the water.

Weak Buoy Line Contrivance means a device installed into the buoy line that is designed to part when exposed to 1,700 pounds of tension or less. Lawful contrivances are only these devices approved by NOAA Fisheries pursuant to the Atlantic Large Whale Take Reduction Plan.

Weak Link means a breakable section or device that will part when subjected to specified poundage of pull pressure and after parting, will result in a knot-less end, no thicker than the diameter of the line, the so-called "bitter end" to prevent lodging in whale baleen. Lawful weak links are those devices approved by NOAA Fisheries pursuant to the Atlantic Large Whale Take Reduction Plan and published in the Atlantic Large Whale Take Reduction Plan's Supplemental Gear Guide.