Code of Massachusetts Regulations
322 CMR - Division of Marine Fisheries
Title 322 CMR 12.00 - Protected Species
Section 12.04 - Fixed Gear Seasonal Closures

(1) Gillnet Closure to Protect Right Whales. It shall be unlawful for any commercial fisher to fish, set, maintain, or abandon any sink gillnets within the waters under the jurisdiction of the Commonwealth during the period of January 1st through May 15th. This closure may be extended past May 15th or rescinded after April 30th based on the presence or absence of right whales, in accordance with the process set forth at 322 CMR 12.04(4).

(2) Commercial Trap Gear Closure to Protect Right Whales. It shall be unlawful for any commercial fisher to fish, set, maintain, or abandon any trap gear in any waters under the jurisdiction of the Commonwealth from February 1st through May 15th. This closure may be extended past May 15th or rescinded after April 30th based on the presence or absence of right whales, in accordance with the process set forth at 322 CMR 12.04(4).

Exception: This shall not apply to those waters under the jurisdiction of the Commonwealth within Lobster Management Area 2, as defined at 322 CMR 6.33(2)(e): LCMA 2.

(3) Recreational Lobster and Crab Trap Closure to Protect Right Whales. It shall be unlawful for any recreational fisher to fish, set, maintain, or abandon any buoyed lobster and crab trap gear in any waters under the jurisdiction of the Commonwealth during the period of November 1st through May 15th. This closure may be extended past May 15th or rescinded after April 30th based on the presence or absence of right whales, in accordance with the process set forth at 322 CMR 12.04(4).

Exception: This shall not apply to any buoyless recreational lobster and crab trap gear fished from the shoreline.

(4) Notice of Declaration to Amend Timing of Fixed Gear Seasonal Closures. The Director, through Notice of Declaration, may adjust the duration of the fixed gear seasonal closures at 322 CMR 12.04, as reasonably necessary to prevent the entanglements of the North Atlantic right whale in fixed fishing gear based on the Director's assessment of the documented presence of the North Atlantic right whale in Massachusetts waters. The Director shall amend the timing of these fixed gear seasonal closures by filing the Notice of Declaration with the Secretary of State for publication in the Massachusetts Register, publishing the Notice of Declaration on the Division's Legal Notice web page, and distributing the Notice of Declaration via the Division's e-mail list serve.