Current through Register 1531, September 27, 2024
(1)
Definitions. For purposes of 322 CMR 4.06 the
following terms shall have the following meanings:
Area 5 means that area within the
waters under the jurisdiction of the Commonwealth beginning at a point 2.80
nautical miles from shore on the northernmost Gloucester/Rockport marine
boundary; thence 136 ° true 4.35 nautical miles to a point 055 ° true
1.85 nautical miles from Straitsmouth Island Light; thence 162 ° true 1.40
nautical miles to a point 100 true 1.85 nautical miles from Straitsmouth Island
Light; thence 180 ° true 1.65 nautical miles to a point 137 ° true 2.70
nautical miles from Straitsmouth Island Light; thence 210 ° true 2.60
nautical miles to a point on the southernmost Gloucester/Rockport marine
boundary where said boundary line intersects a line bearing 130 ° true 2.70
nautical miles from Salt Island; thence seaward along the southernmost
Gloucester/Rockport marine boundary to the territorial seas line of the
Commonwealth; thence northerly along said line to its intersection with the
northernmost Gloucester/Rockport marine boundary; thence shoreward along said
boundary to the starting point.
Area 6 means that area within the
waters under the jurisdiction of the Commonwealth beginning at the intersection
of the northerly Rockport/Gloucester town line and the territorial seas line;
thence along the territorial seas line to the Massachusetts/New Hampshire
boundary; thence shoreward along the boundary to a point one nautical mile from
shore; thence in a southerly direction along an imaginary line parallel to and
one nautical mile from shore to a point on the Rockport/Gloucester town line
one nautical mile from shore; thence seaward to the starting
point.
Coastal Access Permit (CAP) means the
regulated fishery permit endorsement for certain mobile gear, issued pursuant
to M.G.L. c. 130, § 80, and
322
CMR 7.01(4)(a):
Regulated Fishery and 7.05: Coastal Access Permit
(CAP).
Cod End means all parts of a net a
distance of 50 continuous meshes forward of the terminal portion of the net
where fish are retained.
Director means the Director of the
Division of Marine Fisheries.
Division means the Division of Marine
Fisheries.
Dredge means mobile fishing gear
consisting of a mouth frame attached to a holding bag constructed of metal
rings, mesh or cages.
Effective Fishing Width means the
distance measured between the extreme outside edges of the mouth of a dredge or
dredges.
Fishing or Fish
For means to harvest, catch or take or attempt to harvest, catch
or take any fish or shellfish for commercial purposes. A vessel is presumed to
be fishing if its dredge, trawl or seine gear remains in the water or is not on
board and secured to the vessel's sides or sterns.
Ghost Gear means any fixed fishing
gear including, but not limited to, gillnets and traps with their associated
ropes which are no longer buoyed to the surface of the water, are not visible
from the surface and become entangled with mobile gear.
Hauling Back means retrieving any
dredge, trawl or seine and placing the contents of the catch on the deck or
hold of the vessel.
Mobile Gear means any moveable or
encircling fishing gear or nets which are towed, hauled or dragged through the
water for the harvest of fish including, but not limited to, pair trawls, otter
trawls, beam trawls, mid water trawls, scottish seines, danish seines, pair
seines, purse seines or shellfish dredges.
Molted Lobster means any newly molted
lobster whose carapace has not hardened and may be dented by exerting lateral
pressure with the fingertips.
Night Fishing means fishing 1/2
hour after sunset to 1/2 hour before sunrise during the period of March
1st through October 31st,
or from 6:00 P.M. to 6:00 A.M. during the period of November
1st through the last day of February.
NOAA Chart means the official and
reproduced nautical charts of the National Oceanic and Atmospheric
Administration, United States Department of Commerce.
Person means any individual, including
the captain, master or crew member of a fishing vessel, or any firm,
partnership, corporation or other business entity.
Purse Seine means any vertical wall of
netting with floats on the top and weights at the bottom that is deployed to
surround a school of fish and encloses fish in the netting by drawing together
and tightening the bottom of the net.
Seine means a net with long narrow
wings that is rigged with floats and weights that is moved through the water to
catch fish or any floated or weighted net that is used to encircle fish and is
closed by means of a drawstring through threaded rings attached to the bottom
of the net.
Small Mesh Squid Trawl Exempted Area
means that area within the waters under the jurisdiction of the Commonwealth
beginning where 41° 40' north latitude intersects with the eastern
shoreline of Chatham; thence in a straight line due east to where it intersects
with the three nautical mile line, as described on NOAA Chart #13646; thence
following the three nautical mile line, as described on NOAA Charts #13246 and
#13237 in a southerly direction to where it intersects with 70° 00' west
longitude; thence due south along the 70° meridian to where it intersects
again with the three nautical mile line, as described on NOAA Chart #13237;
thence following the three nautical mile line, as described on NOAA Charts
#13237 and #13218 in a southerly then westerly direction to the
Massachusetts-Rhode Island seaward marine boundary; thence following the
Massachusetts-Rhode Island seaward marine boundary in a northerly direction to
the shoreline; thence following the shoreline in a easterly direction to the
starting point. This shall exclude all applicable inshore restricted waters
defined at
322
CMR 4.02.
Small Mesh Trawl means any trawl with
net mesh openings that are less than 61/2 inch in the cod end and six
inches throughout the remainder of the net.
Southern Shoreline of the Elizabeth
Islands means the area circumscribed by an imaginary line
beginning at the shortest straight line between Cuttyhunk Island and Nashawena
Island; the shortest straight line between the easternmost point of Nashawena
Island and the southwesternmost point of Pasque Island; the shortest straight
line between Pasque Island and Naushon Island; the shortest straight line
between Jobs Neck on the eastern side of Naushon Island to the southernmost
point on Nonamesset Island; the shortest straight line from Mink's Point on the
northernmost point of Nonamesset Island to the western entrance of Little
Harbor in Woods Hole.
Three Mile Line means that line as it
appears on NOAA charts demarcating waters that are three nautical miles from
the coastline.
Top of the Trawl Net means the 50% of
the trawl net that would not be in contact with the ocean bottom during a tow
if the trawl net were laid flat on the ocean floor. It shall not include head
ropes attached to the net.
Trawl means any mobile fishing gear or
nets which are towed, hauled, or dragged through the water for the harvest of
fish including, but not limited to, otter trawls, beam trawls, and pair
trawls.
Twine Top means the net material or
other material on the top of a scallop dredge.
Upper Cape Cod Whiting Area means that
area within the waters under the jurisdiction of the Commonwealth encompassed
by an imaginary straight line that begins 42° 7.85' north latitude and
70° 30.1' west longitude; thence in a south southeasterly direction to
where it intersects with 42° 00' north latitude and 70° 24.076' west
longitude; thence due east to where it intersects with 42° 00' north
latitude and 70° 13.225 west longitude; thence in a north northwesterly
direction to where it intersects with 42° 4.75' north latitude and 70°
16.95' west longitude; thence in a east northeasterly direction to where it
intersects with 42° 8.35' north latitude and 70° west longitude; thence
in a northwesterly direction to 42°14.05' north latitude and 70° 8.8'
west longitude; thence in a west southwesterly direction to the initial
coordinate.
Vessel means any commercial fishing
vessel registered under the laws of the state and conducting commercial fishing
operations within waters under the jurisdiction of the Commonwealth.
(2)
Seasonal Mobile Gear
Closures. The following closures shall apply to the use of mobile
gear within the waters under the jurisdiction of the Commonwealth.
(a)
Area 1 - North Shore Region -
Year Round Closure. Except as provided at
322
CMR 4.06(2)(a)1. and
4.06(2)(k), it shall be unlawful to fish with mobile gear within the waters of
the North Shore Region Year Round Closure. The North Shore Region Year Round
Closure consists of those waters under the jurisdiction of the Commonwealth
encompassed by an imaginary line beginning where 41° 21.552' north latitude
intersects with the eastern shoreline of Deer Island in Winthrop; thence in a
straight line in an east northeasterly direction to where it intersects with
42° 24.497' north latitude and 70° 49.232' west longitude; thence in a
straight line in a northeasterly direction to where it intersects with 42°
27.018 north latitude and -70° 46.446' west longitude; thence continuing in
a straight line in a northeasterly direction to where it intersects with
42° 29.664' north latitude and 70° 43.914' west longitude; thence in a
straight line in a northeasterly direction to where it intersects with 42°
31.688' north latitude and 70° 40.164' west longitude; thence in a straight
line in a easterly direction to where it intersects with 42° 31.836' north
latitude and 70° 38.118' west longitude; thence in a straight line in an
east northeasterly direction to 42° 32.502' north latitude and 70°
36.432 west longitude; thence in a straight line in a northeasterly direction
to the nearest point where it intersects with the three nautical mile line, as
described on NOAA Chart #13267, at the 70° 36.162' west longitude; thence
following the three nautical mile line, as described on the NOAA Charts #13267
and 13278, to the seaward junction of the Massachusetts - New Hampshire marine
boundary; thence shoreward along the Massachusetts - New Hampshire marine
boundary to the shoreline; and thence in a southerly direction along the
shoreline and concluding at the starting point.
1.
North Shore Mobile Gear
Seasonal Area Exemptions. Coastal Access Permit holders further
endorsed for North Shore Mobile Gear may fish within the North Shore Region
Year Round Closure Area in accordance with the following exemptions:
a.
Area 1A Gloucester/Rockport
Exemption. During the periods of February 1st
through May 15st and June
15th through September
30th, mobile gear may be fished within those waters
under the jurisdiction of the Commonwealth encompassed by an imaginary line
beginning off the northernmost Gloucester-Rockport coastline where 70°
37.365' west longitude intersects with the three nautical mile line, as
described on NOAA Chart #13278; thence following in a straight line in a south
southwesterly direction to where it intersects 42° 42.848' north latitude
and 70° 37.632' west longitude; thence in a straight line in a
southeasterly direction to where it intersects with 42° 40.806' north
latitude and 70° 33.468' west longitude; thence in a straight line in a
south southeasterly direction to where it intersects with 42° 39.504' north
latitude and 70° 32.776' west longitude; thence in a straight line due
south to where it intersects with 42° 37.806' north latitude and 70°
32.776 west longitude; thence in a straight line in a south southwesterly
direction to where it intersects with 42° 35.490' north latitude and
70° 34.578' west longitude; thence in a straight line in a south easterly
direction to the nearest point where it intersects with 70° 33.770' west
longitude at the three nautical mile line, as described on NOAA Chart #13278;
thence following the three nautical mile line, as described on NOAA Chart
#13278, in a northerly direction concluding at the starting point.
The Director shall amend the Area 1A Gloucester/Rockport
exemption to prohibit mobile gear fishing within the period of May
1st through May 15th
during any year in which the Director lifts the fixed gear seasonal closures at
322
CMR 12.04 prior to May
15th of that year. This prohibition to mobile gear
fishing shall take effect on the same date that the fixed gear seasonal
closures are lifted. This shall be accomplished by the Division filing a 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 listserve.
b.
Area 1B Ipswich Bay
Exemption. During the period December
15th through April 30th,
mobile gear may be fished within those waters under the jurisdiction of the
Commonwealth encompassed by an imaginary line beginning at the intersection of
70° 47.838' west longitude with the Massachusetts - New Hampshire marine
boundary; thence following the Massachusetts - New Hampshire marine boundary
seaward in an easterly direction to where it intersects with the three nautical
mile line, as described on NOAA Chart #13278; thence following the three
nautical mile line, as described on NOAA Chart #13278, in a southerly direction
to the northern Gloucester-Rockport coastline to where it intersects with
70° 37.365' west longitude; thence in a straight line in a south
southwesterly direction to where it intersects with 42° 42.222' north
latitude and 70° 38.130' west longitude; and thence following one nautical
mile seaward from shore in a northerly direction concluding at the starting
point.
c.
Restrictions
on the Use of Trawl Gear during Area 1A and Area 1B Seasonal
Exemptions. It shall be unlawful for any fisher fishing with
mobile gear during the Area 1A and 1B seasonal exemptions:
i. To fish trawl nets configured with a sweep
or a foot rope greater than 80 feet.
ii. To fish trawl nets, unless configured
with a sweep or foot ropes composed of chain, wire or discs.
iii. To fish with roller gear.
iv. To possess or retain any lobsters. Any
lobsters caught shall be immediately returned to the sea.
(b)
Area 2
Closure - Boston Harbor - April 1st through December
31st. Except as provided at
322
CMR 4.06(2)(k), it shall be
unlawful to fish with mobile gear from April 1st
through December 31st within the waters of the Area
2 Closure. The Area 2 Closure consists of those waters under the jurisdiction
of the Commonwealth encompassed by an imaginary line beginning where 42°
21.552' north latitude intersects with the eastern shoreline of Deer Island in
Winthrop; thence in a straight line in an east northeasterly direction to where
it intersects with 42° 24.497' north latitude and 70° 49.232' west
longitude; thence in a straight line in a southwesterly direction to where it
intersects with 42° 24.432' north latitude and 70° 49.302' west
longitude; thence in a straight line in a south southeasterly direction to
where it intersects with 42° 20.748' north latitude and 70° 48.000'
west longitude; thence in a straight line in a southerly direction to where it
intersects with 42° 20.100' north latitude and 70° 48.114' west
longitude; thence in a straight line in an east southeasterly direction to
where it intersects with 42° 18.762' north latitude and 70° 45.222 west
longitude; thence in a straight line in a west southwesterly direction to where
42°16.646' north latitude intersects with the eastern shoreline of
Nantasket Beach in Hull; and thence following the shoreline of Hull in a north
and westerly direction along the shoreline concluding at the starting
point.
(c)
Area 3 -
Hull to Plymouth - May 1st through October
31st. Except as provided at
322
CMR 4.06(2)(k), it shall be
unlawful to fish with mobile gear from May 1st
through October 31st within the waters of the Area 3
Closure. The Area 3 Closure consists of those waters under the jurisdiction of
the Commonwealth beginning where 42° 16.646' north latitude intersects with
the eastern shoreline of Nantasket Beach in Hull; thence in a straight line in
a east northeasterly direction to where it intersects with 42° 18.762'
north latitude and 70° 45.222' west longitude; thence in a straight line in
a east southeasterly direction to where it intersects with 42° 17.664'
north latitude and 70° 42.684' west longitude; thence in a straight line in
a southeasterly direction to the nearest point where it intersects with the
three nautical mile line, as described on NOAA Chart #13267, at 70° 40.986'
west longitude; thence following the three nautical mile line, as described on
NOAA Chart #13267, in a southeasterly direction to where it intersects with
70° 35.367' west longitude; thence in a straight line in a south
southeasterly direction to where it intersects with 42° 6.948' north
latitude and 70° 34.548' west longitude; thence in a straight line in a
south southeasterly direction to where it intersects with 42° 1.632' north
latitude and 70° 31.950' west longitude; thence in a straight line in a
south southeasterly direction to where it intersects with 42° 0.984' north
latitude and 70° 31.464' west longitude; thence in a straight line in a
west southwesterly direction to where it intersects with 42° 0.200' north
latitude at the southeastern coastline of Gurnett Point in Plymouth; thence in
a northwesterly direction along the shoreline and concluding at the starting
point.
(d)
Area 4 -
Plymouth to Provincetown - May 1st through October
31st. Except as provided at
322
CMR 4.06(2)(k), it shall be
unlawful to fish with mobile gear from May 1st
through October 31st within the waters of the Area 4
Closure. The Area 4 Closure consists of those waters under the jurisdiction of
the Commonwealth beginning where 42° 0.200' north latitude intersects with
the southeastern shoreline of Gurnett Point in Plymouth; thence in a straight
line in east northeasterly direction to where it intersects with 42° 0.984'
north latitude and 70° 31.434' west longitude; thence in a straight line in
south southeasterly direction to where it intersects with 41° 56.652' north
latitude and 70° 28.000' west longitude; thence in a straight line in a
southerly direction to where it intersects with 41° 51.227' north latitude
and 70° 27.536' west longitude; thence in a straight line in a southerly
direction to where it intersects with 41° 49.075' north latitude and
70° 27.289' west longitude; thence in a straight line in a southeasterly
direction to where it intersects with 41° 47.978' north latitude and
70° 25.036' west longitude; thence in a straight line in a easterly
direction to where it intersects with 41° 47.339' north latitude and
70° 22.520' west longitude; thence in a straight line in a easterly
direction to where it intersects with 41° 47.137' north latitude and
70° 19.379' west longitude; thence in a straight line in a easterly
direction to where it intersects with 41° 47.298' north latitude and
70° 16.632' west longitude; thence in a straight line in a east
north
(e)
Area 5 -
Eastham to Mashpee - May 1st through October
31st. Except as provided at 322 CMR
4.06(2)(k), it shall be unlawful to fish with mobile gear from May
1st through October 31st
within the waters of the Area 5 Closure. The Area 5 Closure consists of those
waters under the jurisdiction of the Commonwealth beginning where 41°
51.666' north latitude intersects with the easterly shoreline of Nauset Beach
in Eastham; thence in a straight line due east to where it intersects with the
three nautical mile line, as described on NOAA Chart #13246; thence following
the three nautical mile line, as described on NOAA Charts #13246 and #13237 in
a southerly direction to where it intersects with the 70° meridian; thence
following the 70° meridian due north to where it intersects with 41°
29.805' north latitude; thence on following an arc heading in a northwesterly
direction around Monomoy Island that connects the following coordinates:
41° 29.724' north latitude and 70° 1.087' west longitude; 41°
29.904' north latitude and 70° 2.335' west longitude; 41° 30.323' north
latitude and 70° 3.313' west longitude; 41° 30.926' north latitude and
70° 4.079 west longitude; 41° 31.718' north latitude and 70° 4.665
west longitude; 41° 32.780 north latitude and 70° 4.665 west longitude;
41° 33.842' north latitude and 70° 4.702' west longitude; and 41°
34.748' north latitude and 70° 4.510' west longitude; thence in a straight
line in a northeasterly direction to where it intersects with 41° 35.372'
north latitude and 70° 3.915' west longitude; thence in a straight line in
a north northwesterly direction to where it interests with 41° 35.749'
north latitude and 70 4.098' west longitude; thence in a straight line in a
north northwesterly direction to where it intersects with 41° 36.147' north
latitude and 70 4.211' west longitude; thence in a straight line in a northerly
direction to the nearest point where it intersects with the three nautical mile
line, as described on NOAA Chart #13237, at 41° 36.431' north latitude;
thence following the three nautical mile line, as described on NOAA Chart
#13237, in a westerly direction to where it intersects with 70°28.086' west
longitude; thence in a straight line in a north northwesterly direction to
where it intersects with 70° 28.828' west longitude at the southerly
shoreline of Succonesset Point in Mashpee; and thence in a easterly direction
along the shoreline of Cape Cod concluding at the starting point.
(f)
Area 6A - Mashpee to Falmouth
1/2 Nautical Mile Closure - June 1st through
October 31st. Except as provided at 322
CMR 4.06(2)(k), it shall be unlawful to fish with mobile gear from June
1st through October 31st
within the waters of the Area 6A Closure. The Area 6A Closure consists of those
waters under the jurisdiction of the Commonwealth beginning where 70°
39.310' longitude intersects with the southerly shoreline of Nobska Point in
Falmouth; thence in a straight line in a south southeasterly direction to where
it intersects with 41° 30.498' north latitude and 70° 39.114' west
longitude; thence eastward along an imaginary line that is 1/2 nautical
mile from the shoreline to where it intersects with 41° 32.868' north
latitude and 70° 28.806' west longitude; thence in a straight line in a
northerly direction to where it intersects with 70° 28.908' west longitude
at the southerly shoreline of Succonessett Point in Mashpee; and thence in a
westerly direction along the shoreline of Cape Cod concluding at the starting
point.
(g)
Area 6B -
Mashpee to Falmouth 1/4 Nautical Mile Closure - April
23rd through May
31st. Except as provided at 322 CMR
4.06(2)(k), it shall be unlawful to fish with mobile gear from April
23rd through May 31st
within the waters of the Area 6B Closure. The Area 6B Closure consists of those
waters under the jurisdiction of the Commonwealth beginning where 70°
39.310' longitude intersects with the southerly shoreline of Nobska Point in
Falmouth; thence in a straight line in a south southeasterly direction to where
it intersects with 41° 30.703' north latitude and 70° 39.191' west
longitude; thence eastward along an imaginary line that is 1/4 nautical
mile from the shoreline to where it intersects with 41° 33.134' north
latitude and 70° 28.854' west longitude; thence in a straight line in a
northerly direction to where it intersects with 70° 28.908' west longitude
at the southerly shoreline of Succonessett Point in Mashpee; and thence in a
westerly direction along the shoreline of Cape Cod concluding at the starting
point.
(h)
Area 7 -
Southern Shore of the Elizabeth Islands - May 1st
through October 31st. Except as
provided at 322 CMR 4.06(2)(k), it shall be unlawful to fish with mobile gear
from May 1st through October
31st within the waters of the Area 7 Closure. The
Area 7 Closure consists of those waters under the jurisdiction of the
Commonwealth beginning where 70° 56.898' longitude intersects with the
southerly shoreline of Cuttyhunk Island in Gosnold; thence in a straight line
in a southeasterly direction to where it intersects with 41° 24.420' north
latitude and 70° 56.628' west longitude; thence east northeasterly
direction following an imaginary line that is 1/4 nautical mile from the
shoreline to where it intersects with 41° 30.703' north latitude and
70° 39.191' west longitude; thence in a straight line in a north
northwesterly direction to where it intersects with 70° 39.310'' west
longitude at the southerly shoreline of Nobska Point in Falmouth; and thence in
a westerly direction along the southern shoreline of the Elizabeth Islands
concluding at the starting point.
(i)
Area 8A - Nantucket Island
North Shore - April 1st through April
30th. Except as provided at 322 CMR
4.06(2)(k), it shall be unlawful to fish with mobile gear from April
1st through April 30th within the waters of the
Area 8A Closure. The Area 8A Closure beginning where 70° 2.980' longitude
intersects with the northerly shoreline of Great Point on Nantucket Island;
thence in a straight line in a north northeasterly direction to the nearest
point where it intersects with the three nautical mile line, as described on
NOAA Chart #13237, at 70° 2.124' west longitude; thence in a westerly
direction along the three nautical mile line, as described on NOAA Chart
#13237, to where it intersects with 70° 19.499' west longitude; thence in a
straight line in a south southwesterly direction to where it intersects with
41° 21.852' north latitude and 70° 20.686' west longitude; thence in a
straight line in a southeasterly direction to where it intersects with 70°
12.431'' west longitude at the northerly shoreline of Eel Point on Nantucket
Island; and thence in a easterly direction along the northern shoreline of
Nantucket Island concluding at the starting point.
(j)
Area 8B - Great Point and
Nantucket Harbor - June 1st
through September 15th.
Except as provided at 322 CMR 4.06(2)(k), it shall be unlawful to fish with
mobile gear from June 1st though September
15th within the waters of the Area 8B Closure. The
Area 8B Closure beginning where 70° 2.980' longitude intersects with the
northerly shoreline of Great Point on Nantucket Island; thence in a straight
line in a south southwesterly direction to where it intersects 41° 19.060'
north latitude and 70° 6.313' west longitude; thence due south to where it
intersects with the northern shoreline at the western end of the entrance to
Nantucket Harbor; and thence in a easterly direction along the northern
shoreline of Nantucket Island concluding at the starting point.
(k)
General Exemptions to
Seasonal Mobile Gear Closures. The following exemptions shall
apply to the seasonal mobile gear closures set forth at 322 CMR 4.06(2)(a)
through (j):
1.
Purse Seine
Exemption. A vessel fishing under the authority of a Coastal
Access Permit - Purse Seine regulated fishery permit endorsement, issued in
accordance with
322 CMR
7.01(4)(a), may fish with
purse seine gear within the seasonal mobile gear closures.
2.
Inshore Net. A
vessel fishing in the inshore net areas, as described at
322 CMR
4.02, under the authority of an Inshore Net
Fishery regulated fishery permit endorsement issued in accordance with
322 CMR
4.02(3) and
7.01(4)(a),
may fish with purse seine gear inside the seasonal mobile gear closures if so
authorized by the conditions set forth in said Inshore Net Permit, adopted
pursuant to
322 CMR
7.01(7).
3.
Surf Clam and Ocean Quahog
Dredges. A vessel fishing under the authority of a Surf Clam and
Ocean Quahog Dredge regulated fishery permit endorsement, issued in accordance
322 CMR
7.01(4)(a), may fish with
surf clam and ocean quahog dredges within the seasonal mobile gear closures
areas in accordance with
322 CMR
6.08.
4.
Bay Quahog Dredge
Fishery. A vessel fishing under the authority of a Bay Quahog
Dredge regulated fishery permit endorsement, issued in accordance with
322 CMR
7.01(4)(a), may fish with
bay quahog dredges within the seasonal mobile gear closures in accordance with
322 CMR
6.36. As bay quahogs are jointly managed by
municipalities pursuant to M.G.L. c. 130 § 52 and the seasonal mobile gear
closures may overlap with municipal waters the harvest of bay quahogs within
these municipal waters may also be subject to municipal permitting requirements
and harvest regulations.
5.
Municipal Shellfish Fisheries. The seasonal mobile
gear closure areas shall not apply to vessels fishing within municipal waters
in a shellfish fishery regulated by the municipality.
(3)
Night
Closures. Within the waters under the jurisdiction of the
Commonwealth, it shall be unlawful for any vessel using mobile gear to conduct
any night fishing.
(4)
Trawl Gear General Provisions.
(a)
Minimum Trawl Net Mesh Size
and Method of Measurement. Except as authorized at 322 CMR
4.06(5), all vessels fishing with trawl gear within the waters under the
jurisdiction of the Commonwealth shall only possess fish taken with nets that
have a minimum mesh size opening that measures at least 6 1/2 inches
throughout the cod end and six inches throughout the remainder of the net.
The mesh size shall be measured by the inside stretch of the
net. The mesh size will be determined by the average of measurements of any
series of 20 consecutive meshes. The mesh in the cod end will be measured at
least ten meshes from the lacings beginning at the after end and running
parallel to the long axis.
This minimum net mesh size is measured in accordance with 322
CMR 4.06(4)(a), by using a wedge-shaped gauge having a taper of two centimeters
(0.79 inches) in eight centimeters (3.15 inches), and a thickness of 2.33
millimeters (0.09 inches), inserted into the meshes under a pressure or pull of
eight kilograms (17.64 pounds).
(b)
Trawl Net
Modifications.
1. It shall be
unlawful to use any device or material including, but not limited to, nets, net
strengtheners, ropes, lines or chafing gear on the top of the trawl net, except
that one splitting strap and one bull rope (if present), consisting of line and
rope no more than three inches in diameter, may be used if such a splitting
strap or bull rope does not constrict in any manner the size of the meshes on
the top of the trawl net, as required at 322 CMR 4.06(4)(a).
2. All trawl nets not made on a braiding
machine, whether of braided or twisted twine, whether machine made or
hand-made, shall use only one knot: the weavers knot. This shall include the
sheet bend or knot by another name that is the weavers knot.
3. The ends of the twine, called the bars,
that exit the knot are constructed so their lay does not cross or
twist.
4. One splitting strap or
one bull rope consisting of line or rope no more than two inches in diameter
may be used if such splitting strap or bull rope does not obstruct the meshes
of the net or otherwise diminish the sizes of the net mesh.
5. Canvas, netting or other material may be
attached to the underside of the cod end to reduce wear and prevent damage
provided that no more than 25% of the meshes in the cod end are
obstructed.
6. It shall be unlawful
to use trawl nets that utilize disks, rollers or rock-hoppers greater than 12
inches.
(5)
Exempted Small Mesh Trawl Fisheries. To authorize
commercial trawl fishermen to seasonally target valuable finfish species that
cannot be caught in commercially viable quantities without the use of small
mesh trawls, the following exemptions to 322 CMR 4.06(4) apply.
(a)
Small Mesh Trawl Squid
Fishery. It shall be lawful to fish with small mesh trawls for
squid in accordance with the following requirements:
1.
Permitting. The
vessel holds a Coastal Access Permit further endorsed for Small Mesh Trawl
Squid, issued in accordance with M.G.L. c. 130, § 80, and
322 CMR
7.01(4)(a): Regulated
Fishery Permit Endorsement.
2.
Season. The vessel is fishing within the Small Mesh
Squid Trawl Exempted Area during the period of April
23rd through June 9th.
The Director may issue permit conditions to extend the small mesh trawl squid
fishery season in accordance with M.G.L. c. 130, § 80, and
322 CMR
7.01(7):
Conditions.
3.
Net Mesh
Size and Method of Measurement. The vessel uses small mesh trawls
with meshes measuring at least 1 -inch diamond or square throughout the cod
end.
This standard shall be applied throughout the cod end for at
least 150 continuous meshes forward of the terminus of the net. For cod ends
with less than 150 meshes forward of the terminus of the net, this minimum mesh
size shall be a applied to a minimum of 1/3 a of the net measured from the
terminus of the cod end to the head rope. Meshes shall be measured using a
wedge-shaped gauge having a taper of two centimeters (0.79 inches) in eight
centimeters (3.15 inches), and a thickness of 2.33 millimeters (0.09 inches),
inserted into the meshes under a pressure or pull of five kilograms (11.02
pounds).
4.
Modifications to Strengthen the Net. The vessel shall
not use any device, gear or material applied to the top of the trawl net,
except the following:
a. Splitting straps and
or bull ropes or wire around the entire circumference of the cod end, provided
these materials do not obstruct or constrict the top of the trawl net while it
is being towed.
b Net strengtheners
or net covers that do not have a mesh opening of at least five inches diamond
or square, as measured by the methods described at 322 CMR
4.06(4)(a).
c. A line may be used
to close the opening created by the rings in the aftermost portion of the net,
provided the liner extends no more than ten meshes forward of the aftermost
portion of the net, the inside webbing of the cod end shall be the same
circumference or less than any strengthener and the liner is no more than two
feet longer than any net strengthener.
5.
Catch
Restrictions. Vessels fishing with or in possession of any net
that does not comply with the minimum trawl net mesh size at 322 CMR 4.06(4)(a)
are prohibited from retaining, possessing or landing more than 100 pounds of
winter flounder, yellowtail flounder or summer flounder, in any
combination.
(b)
Area 1A and Upper Cape Cod Raised Foot Rope Trawl Fisheries for
Whiting Fishery. It shall be lawful to fish with small mesh raised
footrope trawls for whiting in accordance with the following requirements:
1.
Permitting.
a.
Area 1A Exempted Whiting
Fishery. The vessel holds a Coastal Access Permit further endorsed
for Small Mesh Trawl Whiting and North Shore Mobile Gear, issued in accordance
with M.G.L. c. 130, § 80, and
322 CMR
7.01(4)(a).
b.
Upper Cape Cod Whiting
Fishery. The vessel holds a Coastal Access Permit further endorsed
for Small Mesh Trawl Whiting, issued in accordance with M.G.L. c. 130, §
80, and
322 CMR
7.01(4)(a).
2.
Season.
a.
Area 1A. The vessel is fishing within Area 1A, as
described at 322 CMR 4.06(2)(a)(1)(a), during the period of September
1st through September
30th.
b.
Upper Cape Cod. The vessel is fishing within the Upper
Cape Cod Whiting Area during the period of September
1st through November
20th.
3.
Trawl
Specifications. The trawl used by the vessel shall conform to the
gear specifications below:
a.
Minimum Net Mesh Size and Method of Measurement. The
net meshes shall measure at least 2 1/2-inch diamond or square throughout
the cod end. Minimum mesh size is measured by the inside stretch of the net.
Meshes shall be measured using a wedge-shaped gauge having a taper of two
centimeters (0.79 inches) in eight centimeters (3.15 inches), and a thickness
of 2.33 millimeters (0.09 inches), inserted into the meshes under a pressure or
pull of five kilograms (11.02 pounds).
b.
Headrope. The
trawl shall be configured with a headrope that conforms to the following
requirements:
i. The headrope is rigged with
floats that measure at least eight inches in diameter.
ii. The floats are attached along the entire
length of the headrope with a maximum spacing of four feet between each
float.
c.
Groundgear. The trawl shall be configured with
groundgear that conforms to the following requirements:
i. All bare wire groundgear that is not
larger than 1/2 inch in diameter for the top leg, e inch in diameter for
the bottom leg and not larger than 3/4 inch diameter for the ground
cables.
ii. The top legs shall be
at least as long as the bottom legs.
iii. The total length of ground cables shall
not be greater than 40 fathoms (240 feet) from the trawl doors to the wing
ends.
d.
Footrope. The trawl shall be configured with a
footrope that conforms to the following requirements:
i. The footrope is longer than the headrope,
but by no more than 20 feet longer than the headrope.
ii. The footrope is rigged so it does not
touch the ocean floor when towed.
e.
Drop Chains. The
trawl shall be configured with drop chains that conform to the following
requirements:
i. The drop chains are at least
42 inches in length.
ii. The
maximum size of the drop chain stock shall be
5/16 inch when a
sweep is used and
3/8 inch when no
sweep is used.
iii. Only bare chain
shall be used. The use of additional weights on the drop chains is
prohibited.
iv. Drop chains shall
be hung from the center of the footrope and the corners (the junction of the
bottom wing to the belly at the foot rope).
v. Drop chains shall be hung at eight-foot
intervals along the footrope from the corners to the wing ends.
f.
Sweep
Specifications. The use of a chain sweep is not required. However,
if a chain sweep is used it must conform to the following requirements.
i. The sweep shall be bare chain measuring no
greater than
5/16 inch chain
stock.
ii. The sweep shall be the
same length as the foot rope.
iii.
The sweep shall be attached to the ends of the drop chains and the center of
the sweep must be attached to the drop chain from the center of the
footrope.
iv. The points where each
drop chain is attached on the sweep and the foot rope must be the same distance
from the center drop chain attachments.
v. The ends of the sweeps shall be attached
to the drop chains at the center of the footrope.
4.
Bycatch Restrictions. The vessel does not retain,
possess or land any cod, haddock, pollock, redfish, white hake, yellowtail
founder, winter flounder, American plaice, witch flounder, summer flounder,
skates, monkfish, ocean pout, sculpin, sea raven, lobsters or
crabs.
(6)
Sea Scallop Dredge Gear.
(a)
Dredge Width. It
shall be unlawful to possess a sea scallop dredge or retain sea scallops caught
by a dredge whereby the dredge or a combination of dredges has an effective
fishing width greater than ten feet while fishing within the waters under the
jurisdiction of the Commonwealth.
(b)
Dredge Rings.
1.
Minimum Size. It
shall be unlawful to possess a sea scallop dredge or retain sea scallops caught
by a dredge with rings less than four inches.
2.
Method of
Measurement. The minimum ring size shall be determined by
measuring the length of the shortest straight line passing through the center
of the ring from one inside edge to the opposite inside edge. The measurement
shall not include normal welds from ring manufacturing or links. The rings to
be measured shall be at least five rings away from the mouth of the dredge and
at least two rings away from the other rigid portions of the dredge.
(c)
Twine
Top.
1.
Minimum Twine
Top Net Mesh Size. It shall be unlawful to possess a sea scallop
dredge or retain sea scallops caught by a dredge using twine top with a net
mesh of less than ten inches square or diamond.
2.
Twine Top
Configuration. It shall be unlawful to configure or construct the
twine top in any manner that obstructs the net mesh so that it is less than ten
inches square or diamond.
(7)
Use of Purse
Seines.
(a)
Permitting Requirements.
1.
Use of Purse Seine Gear within
Inshore Restricted Waters. Pursuant to
322
CMR 4.02 and
7.01(4), an
Inshore Net Permit regulated fishery permit endorsement is required for any
commercial fisher to set, fish, or haul a purse seine within inshore restricted
waters defined at
322
CMR 4.02.
2.
Use of Purse Seine Gear
Seaward of Inshore Restricted Waters. Pursuant to
322
CMR 7.01(4), a Coastal
Access Permit or Coastal Access Permit Purse Seine is required for any
commercial fisher to set, fish, our haul a purse seine within waters under the
jurisdiction of the Commonwealth seaward of inshore restricted waters defined
at 322 CMR 4.02.
(b)
Restrictions on
Use of Purse Seine Gear.
1.
Waters under the Jurisdiction of the Commonwealth. It
shall be unlawful to set, fish, or haul a purse seine within waters under the
jurisdiction of the Commonwealth:
a. On
Saturdays, Sundays, Memorial Day, the 4th of July,
and Labor Day.
b. From 1/2
hour after sunset to 1/2 hour before sunrise during the period of March
1st through October 31st
or from 6:00 P.M. to 6:00 A.M. during the period of November
1st through the last day of February.
c. within the waters of Cape Cod Bay
shoreward of an imaginary straight line drawn from western breakwater at Sesuit
Harbor in Dennis, thence in a northerly direction to the #1 buoy on
Billingsgate Shoal, thence in a northeasterly direction to the southernmost tip
of Jeremy Point in Wellfleet.
2.
Within Inshore Restricted
Waters. Within the inshore restricted waters defined at
322
CMR 4.02, it shall be unlawful to set, fish,
or haul a purse seine:
a. year-round within
the waters of Buzzards Bay, as defined at
322
CMR 4.02.
b. on Fridays within the waters of Beverly
Harbor, as defined at
322
CMR 4.02.
3.
Within Boston
Harbor. Within the inshore restricted waters of Boston Harbor, as
defined at
322
CMR 4.02, it shall be unlawful to set, fish,
or haul a purse seine:
a. within the waters of
the Charles River upstream of an imaginary straight line drawn from Pier 4 in
Charlestown to the easternmost Coast Guard Pier in Boston.
b. within the waters of the Mystic River
upstream of an imaginary straight line drawn from the end of the Massport
concrete pier to the white storage tanks at the Exxon Terminal.
c. within the waters of the Chelsea River
upstream of the Andrew McCardle Bridge.
d. within the waters of Dorchester Bay
shoreward of an imaginary straight line drawn from UMASS Boston to the Corita
Gas Tank.
e. within the waters of
the Neponset River upstream of the Southeast Expressway.
f. within the waters of Marina Bay in Quincy
shoreward of the breakwater.
g.
within the waters of the Weir River upstream of Red Nun "8".
h. within the waters of Winthrop Harbor
shoreward of an imaginary straight line beginning at the southern end of
Cottage Park Yacht Club in Winthrop south to the "1" day marker and then east
to Coughlin Park, Winthrop.
i.
within any area designated as an "A Anchorage Area" described on NOAA Chart
#13270
Exception: A commercial fisher may fish with purse seines
within the "Anchorage Area A" on NOAA Chart #13270 off Merrymount in
Quincy.
4.
Permit Conditions. Pursuant to the authority at M.G.L.
c. 130, § 80 and
322
CMR 7.01(7), the Director
may establish permit conditions affecting the use of purse seines as necessary
and appropriate for purposes of conservation and management or to protect the
public health, welfare and safety.
(8)
Experimental
Fisheries. The Director may, at their discretion, authorize the
use of nonconforming mobile gear. This will be done to collect data to
determine if certain gear modifications may be appropriate. Permit holders must
request and obtain a Letter of Authorization to participate in any authorized
experimental fishery.
(9)
Declaration of Temporary Mobile Gear Closures. The
Director may declare temporary mobile gear closures within the waters under the
jurisdiction of the Commonwealth, if the Director has determined that the
closure is necessary to immediately resolve gear conflicts due to high
densities of fixed fishing gear or to protect high densities of molted
lobsters.
(a)
Procedure for
Declaring Temporary Mobile Gear Closures. The declaration of a
temporary closure is not effective until:
1.
It has been approved by a majority of the Marine Fisheries Advisory
Commission.
2. A notice of closure
has been filed with the
Massachusetts Register and published
or posted in conspicuous places accessible to fishers. The notice of closure
must state:
a. a determination of need or
basis for the closure;
b. the exact
area to be closed; and
c. the
duration during which the closure will be in effect.
3. During the temporary closure the Director
shall consider comments on the closure by the public or a state or federal
agency. Based on these written comments the Director may alter, amend or
rescind the closure in accordance with this procedure.
(10)
Gear
Retrieval. Any vessel using mobile gear whose gear becomes
entangled with ghost gear may haul said ghost gear on board for the purpose of
identification and shall return the ghost gear to the rightful owner, if
authorized in writing by said owner of the ghost gear.
(11)
Prohibitions.
It shall be unlawful:
(a) to violate any
provision of
322
CMR 4.06;
(b) for any vessel or person to molest,
damage, destroy, cut or deface any fixed and stable fishing gear;
(c) for any vessel or person to possess any
ghost gear without proper written authorization of the owner;
(d) for any vessel to retain, possess or land
any lobsters harvested by mobile gear within the waters under the jurisdiction
of the Commonwealth.
(e) to use in
any manner any mobile fishing gear in or possess any fish, including finfish,
shellfish or crustaceans, harvested from an area which has been closed pursuant
to 322 CMR
4.06(9).
