Current through Register 1531, September 27, 2024
(1)
Definitions. For the purposes of
322 CMR
4.03 the following terms have the following
meanings:
East End means that part of the
gillnet extending from 01° through 180° magnetic.
Gillnet means any anchored or drifting
vertical wall of webbing that is buoyed at the top and weighted at the bottom
and designed to capture fish by entanglement, gilling or wedging. This
includes, but is not limited to, flatfish gillnets, surface gillnets and sink
gillnets.
Sink Gillnet means any gillnet,
anchored or otherwise, that is designed to be, capable of being, or is fished
on or near the lower third of the water column. Sink gillnets include, but are
not limited to, stand up and tie down gillnets.
West End means that part of the
gillnet extending from 181° through 00° magnetic.
(2)
Permitting
Requirements. A regulated sink gillnet fishery permit endorsement,
issued in accordance with
322 CMR
7.01(4)(a): Regulated
Fishery Permit Endorsement, is required to set or fish a sink gillnet in the
waters under the jurisdiction of the Commonwealth.
(3)
Sink Gillnet
Specifications.
(a)
Maximum Length. Within the waters under the
jurisdiction of the Commonwealth, the total continuous length of connected sink
gillnets shall not exceed 2,400 feet from end to end of an entire
net.
(b)
Gear Marking
and Configuration Requirements.
1. All buoys used to mark sink gillnets shall
be permanently and visibly marked with the permit number of the lawfully
permitted owner.
2. The east end of
a sink gillnet shall be marked with a high flyer.
3. The west end of a sink gillnet shall be
marked with a high flyer with a flag.
4. All buoy lines affixed to sink gillnet
shall be marked 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.
(c)
Mesh Size and
Measurement.
1.
Mesh
Size. Sink gillnets shall have mesh openings not less than
61/2 inches.
2.
Measurement of Mesh. Mesh size is measured by a
wedge-shaped gauge having a taper of two centimeters in eight centimeters and a
thickness of 3.2 millimeters, inserted into the meshes under a pressure or pull
of five kilograms. The mesh size will be the average of the measurements of any
series of 20 consecutive meshes.
(4)
Areas Closures.
(a)
South and West of Cape
Cod. It is unlawful to use, set, maintain, or fish with any sink
gillnets during the period of April 1st through
November 15th in waters under the jurisdiction of
the Commonwealth in Mount Hope Bay and circumscribed by an imaginary line
beginning at the intersection of the Loran C line 9960 Y 43940 with the Chatham
shoreline; thence seaward following the Loran C line 9960 Y 43940 to the
territorial seas line; thence in a southerly direction following the
territorial seas line to its intersection with a point at 70 00'; thence in a
southerly direction following the 70 00' line to its intersection with the
territorial seas line; thence following the territorial seas line in a
southerly direction and south of Nantucket Island and Martha's Vineyard to the
Massachusetts/Rhode Island boundary; thence in a northerly direction following
the Massachusetts/Rhode Island boundary to the shoreline; thence following the
shoreline in an easterly direction to the starting point.
(b)
Greater Boston
Harbor. It is unlawful to use, set, place or maintain any sink
gillnet from May 15th through November
1st beginning at the intersection of the Loran C
9960 Y 44250 line with the shoreline of the town of Hull; thence following the
44250 line to the so called otter and beam trawl line otherwise known as the
old exterior line of the Commonwealth; thence following said line in a
northerly direction to the intersection with the Loran C 9960 Y 44290 line;
thence following the 44290 line in a westerly direction to the shoreline north
of Deer Island; thence along the shoreline of Deer Island in a southerly
direction to the southeasternmost tip of Deer Island; thence along an imaginary
straight line to the northernmost point of Lovell Island; thence along the
shore of Lovell Island to its southernmost point; thence along an imaginary
straight line to the tower on Telegraph Hill in the town of Hull; thence along
the shore eastward to Pt. Allerton and southward along Nantasket Beach to the
intersection of the shore with the Loran C 44250 line at the point of
beginning, all as appearing on Chart 322 CMR 4.04(4)(b).
Chart 322 CMR 4.04(4)(b)
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