Current through Register 1531, September 27, 2024
(1)
Sink Gillnets.
The following regulations apply to commercial fishers fishing sink gillnets
within the waters under the jurisdiction of the Commonwealth:
(a)
Weak Link at
Buoy. Commercial fishers shall install a knot-less weak link in
the buoy line at the buoy with a breaking strength of 600 pounds.
(b)
Weak Links on Float
Rope. Commercial fishers shall install weak links in the float
rope between net panels with a breaking strength of up to 1,100
pounds.
(c)
Anchoring
System. Commercial fishers shall anchor the gillnet with an anchor
with the holding power of at least 22-pound Danforth anchor.
(d)
Buoy Line
Marking. Commercial fishers shall mark their buoy lines with a
12-inch green mark at the top, bottom and midway on the buoy line. Except that
if the color of the buoy line is green then it shall be marked with white
marks.
(2)
Massachusetts Mixed Species Pot/Trap Fishery. The
following regulations shall apply to commercial fishers fishing in
Massachusetts Mixed Species Pot/Trap Fishery:
(a)
1,700-pound Buoy Line
Breaking Strength. Commercial fishers are prohibited from fishing
traps where any affixed buoy line has a breaking strength of greater than 1,700
pounds. To comply with this requirement:
1.
Fully Formed Weak Rope. Commercial fishers may fish
traps affixed with buoy lines comprised of fully formed weak rope with a
breaking strength of 1,700 pounds approved by NOAA Fisheries pursuant to the
Atlantic Large Whale Take Reduction Plan.
2.
Weak Buoy Line
Contrivances. Commercial fishers may fish traps affixed with buoy
lines that have a weak buoy line contrivance, approved by NOAA Fisheries
pursuant to the Atlantic Large Whale Take Reduction Plan.
i.
Frequency of Weak Buoy Line
Contrivances. Weak buoy line contrivances shall be installed once
every 60 feet in the top 75% of the buoy line as it extends from where the buoy
line affixes to the buoy down through the water column.
ii.
Clean Break.
Weak buoy line contrivances shall break cleanly away from the buoy line behind
the bitter end of the line. The bitter end of the line shall be free of knots
when the weak buoy line contrivance breaks.
(b)
Maximum Buoy Line
Diameter. Commercial fishers are prohibited from fishing traps
where the affixed buoy line has a diameter of greater than
3/8
inches.
(c)
Buoy Line
Marking Requirements. Commercial fishers shall fish traps where
the affixed buoy lines are marked with at least five color coded marks in the
following configuration:
1. There shall be one
solid red mark that is at least three feet in length within the first 12 feet
of the buoy line extending through the water column from the buoy to the
trap.
2. After the first 12 feet of
the buoy line, there shall be at least four two foot solid or non-solid red
marks in the remaining buoy line extending down to the trap with two of the red
marks occurring in the top 50% of the buoy line and the other two red marks
occurring in the bottom 50% of the buoy line.
3. There shall be no length of buoy line
greater than 60 feet without a red mark.
4. If the color of the buoy line is red or
red and white striped, then a solid white mark of the same size shall be
substituted for the red mark.
5.
There shall be no marks in the buoy line that are green, black, silver, grey,
purple, or yellow.
(d)
Prohibition on Fishing Single Traps. Commercial
fishers are prohibited from setting or fishing single traps in the waters under
the jurisdiction of the Commonwealth north of Cape Cod that are seaward of
three miles from the mean low tide water mark.
Exception for Billingsgate Shoal.
Commercial fishers may set and fish traps within those waters under the
jurisdiction of the Commonwealth within southeast Cape Cod Bay that are
shoreward of Loran C Line 9960-X-25360 as it runs northeast from 41°47.2' N
latitude and 70° 19.5 W longitude in the Town of Barnstable to 41°
55.8' N latitude and 70° 8.4' W longitude in the Town of Wellfleet.
(e)
Maximum Buoy Lines
for Trawls. Commercial fishers are prohibited from fishing a buoy
line on each end of a trawl unless the trawl consists of four or more traps.
Trawls of two or three traps shall be rigged with a buoy line only on one end
of the trawl.
(3)
Commercial Lobster and Crab Traps Seaward of the Waters under the
Jurisdiction of the Commonwealth.
(a)
Buoy Line Marking
Requirements for LCMA 1, LCMA 2, and Outer Cape Cod LCMA. Any
vessel registered under the laws of the Commonwealth with a homeport in
Massachusetts fishing commercial lobster and crab trap gear seaward of the
waters under the jurisdiction of the Commonwealth, within LCMA1, LCMA2 and the
Outer Cape Cod LCMA, as defined at
322
CMR 6.33, shall mark their buoy lines with at
least five color coded marks in the following configuration:
1. There shall be one solid red mark that is
at least three feet in length within the first 12 feet of the buoy line
extending through the water column from the buoy to the trap.
2. No more than one foot below the three foot
solid red mark, which occurs in the first 12 feet of the buoy line extending
through the water column from the buoy to the trap, there shall be one solid
green mark that is at least one foot in length.
3. After the first 12 feet of the buoy line,
there shall be at least one mark in each third of the remaining buoy line
extending down to the trap. Each mark shall be at least two feet long and
comprised of a solid or non-solid red mark measuring at least one foot in
length and a solid or non-solid green mark measuring at least one foot in
length. The red and the green marks do not need to be adjacent but shall not be
more than six inches apart.
4. If
the color of the buoy line is red or red and white striped, then a solid white
mark of the same size shall be substituted for the red mark.
5. All red marks in the buoy line shall bear
a corresponding green mark within six inches of the red mark.
(b)
Buoy Line Marking
Requirements for LCMA3. Any vessel registered under the laws of
the Commonwealth and a homeport in Massachusetts fishing commercial lobster and
crab trap gear in in LCMA3, as defined at
322
CMR 6.33:
Lobster Conservation
Management Areas, shall mark their buoy lines with at least five
color-coded marks in the following configuration:
1. There shall be one solid black mark that
is at least three feet in length within the first 12 feet of the buoy line
extending through the water column from the buoy to the trap.
2. No more than one foot below the three-foot
solid black mark, which occurs in the first 12 feet of the buoy line extending
through the water column from the buoy to the trap, there shall be one solid
green mark that is at least one foot in length.
3. After the first 12 feet of the buoy line,
there shall be at least one solid or non-solid black that is at least one foot
long in each A of the remaining buoy line extending down to the trap.
(4)
Recreational Lobster and Crab Traps. The following
regulations shall apply to recreational fishers authorized to set and fish
lobster and crab trap gear.
(a)
Buoy Line Marking Requirements. Recreational fishers
fishing buoyed lobster and crab trap gear shall mark their affixed buoy lines
with a solid or non-solid red mark measuring at least four inches but less than
two feet midway between the buoy and the trap. If the color of the buoy line is
red or red and white striped, then a solid white mark of the same size shall be
substituted for the red mark.
(b)
Maximum Buoy Line Diameter. Recreational fishers
fishing buoyed lobster and crab traps within waters under the jurisdiction of
the Commonwealth shall deploy buoy lines with a diameter no greater than 5/16
inches.
(5)
Prohibitions regarding Fixed Gear Configuration. The
following prohibitions shall apply year-round to all fixed gear:
(a) It shall be unlawful to fish fixed gear
with lines floating at the water's surface.
(b) It shall be unlawful to fish positively
buoyant groundline.
(c) It shall be
unlawful to fish positively buoyant buoy lines, except in the bottom portion of
the buoy line provided the section of positively buoyant buoy lines does not
exceed A the overall length of the buoy line.