Code of Massachusetts Regulations
322 CMR - Division of Marine Fisheries
Title 322 CMR 4.00 - Fishing and Shellfish Equipment
Section 4.02 - Use of Nets in Inshore Restricted Waters
Universal Citation: 322 MA Code of Regs 322.4
Current through Register 1531, September 27, 2024
(1) Purpose. The purpose of 322 CMR 4.02 is to manage net fishing participation in the near shore harbors, bays, estuaries, tidal creek, river, and salt ponds inshore waters of the Commonwealth on a year-round basis with a particular focus on winter flounder and the spawning season. In addition, 322 CMR 4.02 is designed to reduce conflicts between different fisheries and users and to identify and regulate all inshore net fisheries for purposes of resource conservation and management.
(2) Inshore Restricted Waters. 322 CMR 4.02 contains a listing of the defined inshore waters and the description of the outer boundaries as delineated by specific structures such as jetties, points, and other landmarks.
(a)
Boston and North
1.
Merrimack River.
Waters inside a line drawn between easternmost tips of north and south
jetties.
2.
Plum Island
Sound. Waters inside an imaginary straight line drawn from the
dome on Castle Hill, Ipswich to the southernmost tip of Plum Island - Approx.
5° True.
3.
Essex
Bay. Waters inside an imaginary straight line drawn from the
northwestern most point of Wingaersheek Beach to the southeastern most point of
Castle Neck -Approx. 72° True.
4.
Annisquam River,
Gloucester. Waters inside an imaginary straight line drawn from
northern tip of Farm Point to the Annisquam River Horn on Wigwam Point -
Approx. 53° True.
5.
Rockport Harbor. Waters inside an imaginary straight
line drawn from the spit on the southern shore of the Harbor to the flasher on
the eastern most tip of the north breakwater - Approx. 354° True.
6.
Gloucester
Harbor. Waters inside an imaginary straight line drawn from
Eastern Point Flashing beacon to Mussel Point - Approx. 350°
True.
7.
Manchester
Harbor. Waters inside an imaginary straight line drawn from
western most tip of Proctor Point to Tucks Point - Approx. 350°
True.
8.
Beverly
Harbor. Waters inside an imaginary straight line drawn from the
eastern most tip of Yacht Club Pier to southernmost tip of Woodbury Point -
Approx. 29° True.
9.
Salem Harbor. Waters inside an imaginary straight line
drawn from Ft. Pickering Light to nothernmost tip of Naugus Head, Marblehead --
Approx. 148° True.
10.
Marblehead Harbor. Waters inside an imaginary straight
line drawn from flashing green beacon on northernmost tip of Marblehead Neck to
the flag tower at Ft. Seawall -- Approx. 302° True.
11.
Lynn Harbor.
Waters inside an imaginary straight line drawn from easternmost tip of Point of
Pines to the Cupola on Little Nahant -- Approx. 108° True.
12.
Boston Harbor.
Waters inside imaginary straight lines drawn from the tower on Telegraph Hill
in the town of Hull to the southernmost point of Lovells Island thence from the
northernmost point of Lovells Island to the southeasternmost tip of Deer
Island.
(b)
Cape Cod Canal to Boston.
1.
Little Harbor,
Cohasset. Waters west and south of Atlantic Avenue.
2.
Cohasset Harbor.
Waters inside an imaginary straight line drawn from northernmost point of
Strawberry Point to easternmost point of Quarry Point -- Approx. 268°
True.
3.
Scituate
Harbor. Waters inside an imaginary straight line drawn from
northernmost point of First Cliff to the flashing red beacon on the eastern tip
of the breakwater on Cedar Point -- Approx. 43° True.
4.
North River/South
River. Waters inside an imaginary straight line drawn from
northernmost point of Fourth Cliff to the southernmost point of Third Cliff --
Approx. 322° True.
5.
Green Harbor, Marshfield. Waters inside an imaginary
straight line drawn between the southernmost tips of the entrance
jetties.
6.
Plymouth,
Kingston, Duxbury Harbors. All waters inside an imaginary straight
line drawn from the southwestern point of Saquish Head to the northernmost
point of Plymouth Beach -- Approx 218° True.
(c)
Cape Cod.
1.
Sandwich Harbor.
Waters inside an imaginary straight line drawn between northernmost tips of
entrance jetties.
2.
Scorton Harbor, Sandwich. Waters inside an imaginary
straight line drawn between northernmost tips of entrance jetties.
3.
Barnstable
Harbor. Waters inside an imaginary straight line drawn from the
easternmost tip of Beach Point to the western tip of the eastern shore of Bass
Hole -Approx. 84° True.
4.
Sesuit Harbor, Dennis. Waters inside an imaginary
straight line drawn between northernmost tips of entrance jetties.
5.
Wellfleet Harbor.
Waters inside an imaginary straight line drawn from the southernmost tip of
Jeremy Point due east (90° True) to the shore of Sunken Meadow,
Eastham.
6.
Pamet
Harbor, Truro. Waters inside an imaginary straight line drawn
between the westernmost tips of the entrance jetties.
7.
Provincetown
Harbor. Waters inside an imaginary straight line drawn from the
northernmost tip of Long Point 13° True to the tank west of Mayflower
Heights.
8.
Nauset
Harbor. Waters inside an imaginary straight line drawn from the
northernmost point of Nauset Heights to the southeasternmost part of Nauset
Beach, Orleans -- Approx. 329° True.
9.
Pleasant Bay.
Waters inside an imaginary straight line drawn from the southwesternmost point
of Nauset Beach, Chatham to the southernmost point of Morris Island -- Approx.
334° True.
10.
Stage Harbor, Chatham. Waters inside an imaginary
straight line drawn from westernmost point of Harding Beach Point to the
southernmost point of Stage Harbor -Approx. 268° True.
11.
Taylors Pond,
Chatham. All waters including Cockle Cove and Bucks
Creek.
12.
Saquatucket
Harbor, Harwich. Waters inside an imaginary straight line drawn
southernmost tips of entrance breakwaters.
13.
Wychmere Harbor,
Harwich. Same as Saquatucket Harbor.
14.
Allen Harbor,
Harwich. Same as Saquatucket Harbor.
15.
Herring River,
Harwich. Waters inside an imaginary straight line drawn between
southernmost tips of entrance breakwaters.
16.
Swan Pond River and Swan
Pond, Dennis. All waters.
17.
Bass River, Yarmouth -
Dennis. Waters inside an imaginary straight line drawn between
southernmost tips of entrance jetties.
18.
Parker River,
Yarmouth. Waters inside entrance.
19.
Hyannis Harbor - Lewis
Bay. Waters inside an imaginary straight line drawn from Point
Gammon to the flashing green beacon on the Hyannisport breakwater -- Approx.
307° True.
20.
Hall
Creek - Hyannisport. Waters inside entrance.
21.
East Bay,
Barnstable. Waters inside an imaginary straight line drawn from
the southernmost tip of Long Beach to the southernmost tip of the south
breakwater.
22.
West
Bay, Barnstable. Waters inside an imaginary straight line drawn
between southernmost tips of entrance breakwaters.
23.
Cotuit Bay- North Bay,
Barnstable. Waters inside an imaginary straight line drawn from
northwesternmost point of Oyster Harbors Beach (Sampsons Island) to Bluff Point
-- Approx. 212° True.
24.
Popponesset Bay, Mashpee - Barnstable. Waters inside
an imaginary straight inside line drawn from northernmost point of Thatch
Island to Meadow Point -- Approx.289° True
25.
Waquoit Bay, Mashpee -
Falmouth. Waters inside an imaginary straight line drawn between
southernmost tips of entrance jetties.
26.
Eel Pond,
Falmouth. Waters inside an imaginary straight line drawn between
southernmost tips of entrance jetties.
27.
Bournes Pond,
Falmouth. Waters inside entrance.
28.
Green Pond,
Falmouth. Waters inside an imaginary straight line drawn between
southernmost tips of entrance jetties.
29.
Little Pond,
Falmouth. Waters inside entrance.
30.
Falmouth Inner
Harbor. Waters inside of an imaginary straight line drawn between
tips of entrance breakwaters.
31.
Salt Pond, Falmouth. Waters inside entrance.
32.
Oyster Pond,
Falmouth. Waters inside entrance.
33.
Little Harbor,
Falmouth. Waters inside an imaginary straight line drawn from
Juniper Point to Nobska Point Light -- Approx. 100° True.
34.
Great Harbor, Woods
Hole. Waters inside an imaginary straight line drawn from Juniper
Point to Penzance Point -- Approx. 287° True.
(d)
The Islands.
1.
Nantucket Harbor.
Waters inside an imaginary straight line drawn between the outermost tips of
the entrance jetties.
2.
Madaket Harbor, Nantucket. Waters inside an imaginary
straight line drawn from Eel Point -- Approx. 196° True -- to the
southwesternmost tip of Madaket.
3.
Vineyard Haven Harbor. Waters inside an imaginary
straight line drawn from the northern tip of the breakwater north of Lagoon
Pond Bridge to the northern tip of the Vineyard Haven Breakwater and thence to
the west shore of Vineyard Haven Harbor (includes Lagoon Pond).
4.
Oak Bluffs.
Waters inside an imaginary straight line drawn between outermost tips of
breakwaters.
5.
Hart
Haven Harbor-Farm Pond, Oak Bluffs. Waters inside entrance
jetties.
6. Sengekontackett Pond,
Oak Bluffs-Edgartown. Waters west of Beach Road (includes Trapps
Pond).
7.
Edgartown
Inner Harbor-Katama Bay. Waters inside area bounded as follows
-Edgartown Light to Chappaquiddick Point and Norton Point to southwesternmost
part of Chappaquiddick Island.
8.
Cape Poge Bay, Edgartown. Waters inside an imaginary
straight line drawn south 180° True from the north side of Cape Poge
Gut.
9.
Edgartown Great
Pond. Waters inside entrance.
10.
Tisbury Great
Pond. Waters inside entrance.
11.
Menemsha Pond.
Waters inside an imaginary straight line drawn between outermost tips of
entrance jetties.
12.
James Pond, West Tisbury. Waters inside
entrance.
13.
Lake
Tashmoo, Tisbury. Waters inside an imaginary straight line drawn
between outermost tips of entrance jetties.
(e)
Buzzards Bay to Mount Hope
Bay, and Cuttyhunk Pond.
1.
Buzzards Bay. Waters inside Buzzards Bay north and
east of an imaginary straight line drawn from the southernmost point of
Gooseberry Neck to Cuttyhunk Light.
2.
Westport River.
Waters inside an imaginary straight line drawn from Westport Light to the
westernmost tip of Horseneck Point - Approx. 331° True.
3.
Richmond Pond,
Westport. Waters inside entrance.
4.
Mount Hope Bay.
Waters north of the Massachusetts/Rhode Island boundary line including Mount
Hope Bay, Cole's River, Lee's River, and Taunton River,
5.
Cuttyhunk Pond.
Waters inside entrance.
(f)
Narragansett Bay
Tributaries.
1.
Runnins River. Waters within the river.
2.
Palmer River.
Waters above the Massachusetts/Rhode Island boundary.
(3) Inshore Restricted Waters Regulated Fishery Permit. Except as otherwise provided by 322 CMR 4.02(5), any person who intends to use any net to catch and take fish inside those waters set forth in 322 CMR 4.02(2) or inside any other estuary, embayment, salt pond, tidal creek, river or other similar body of inshore waters shall possess a special regulated fishery permit endorsement issued by the Director pursuant to 322 CMR 7.01(4)(a): Regulated Fishery.
(4) Permit Eligibility. The Director may limit the number of permits issued each year. In determining eligibility to receive special regulated fishery permits, the Director may take into consideration the following criteria:
(a) the extent of traditional participation
in the inshore net fishery;
(b) the
degree of economic dependence on the inshore net fishery; and
(c) the extent that the nets to be used are
compatible with existing fisheries in the area; as well as with the physical
environment of the areas to be fished, as evaluated by the Director
and;
(d) the abundance of target
species in the area(s) to be fished and/or the overall stock condition of the
resource as determined by the Director.
(5) Exception.
(a)
Cast Net. A
person may, without a special permit, use a cast net for purposes of taking
bait.
(b)
Small Bait
Net. A person may, without a special permit, use a small net of no
more than 250 square feet inside those inshore waters listed in 322 CMR 4.02(2)
or inside any estuary, embayment, salt pond, tidal creek, river or other
similar body of inshore water for the sole purpose of obtaining bait fish for
personal use provided all other requirements of law are met.
(6) Conditions. The Director may establish any conditions to the special permit that are necessary for purposes of conservation of the resource or management of the fishery.
(7) Prohibitions. Except as otherwise provided by 322 CMR 4.02(5), it is unlawful to set or use any net inside any inshore water set forth in 322 CMR 4.02(2) or any estuary, embayment, salt pond, tidal creek, river or other similar body of inshore water:
(a) to take winter flounder between
February 1st and May
31st; or
(b) without a special permit issued from the
Director or contrary to the terms or conditions of the special
permit.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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