(1)
Definitions. For the purpose of
322
CMR 6.02, the following terms have the
following meanings:
Commercial Fisher means any person
permitted in accordance with M.G.L. c. 130, §§ 37, 38 and 80 and
322
CMR 7.01(2)(a):
Coastal Lobster and (b): Offshore Lobster, to
catch, possess and land lobster for the purpose of sale, barter or exchange or
who keeps for personal or family use any lobster taken under the authority of
said permit.
Escape Vent means one or more
unobstructed rectangular vent or opening or two or more unobstructed round
openings in the parlor of the pot.
Ghost Panel means a panel or other
mechanism which is designed to create an opening in a pot to allow the
escapement of lobsters within 12 months after a trap has been abandoned or
lost.
Lobster means that species known as
Homarus americanus.
Parlor means that section of the pot
designed or intended to hold lobsters until they are removed by a
fisher.
Recreational Fisher means any person
permitted in accordance with M.G.L. c. 130, § 38 and
322
CMR 7.01(4)(b) to catch,
possess and land lobster for family use, sport or pleasure, which are not to be
sold, traded or bartered.
Trap means any lobster trap, modified
lobster trap or any other contrivance, other than nets, that is placed on the
ocean bottom and designed to catch lobsters or crabs.
(2)
Maximum and Minimum
Sizes.
(a)
Method of
Measurement.
1. All lobsters
shall be measured immediately. Any person diving for lobster shall measure all
lobsters in possession prior to surfacing.
2. Lobsters shall be measured from the rear
of the eye socket along a line parallel to the center line of the body shell to
the rear end of the body shell.
(b)
Commercial
Fishery.
1. Commercial fishers
fishing or Authorized to Fish in LCMA 1, as defined in
322
CMR 6.33, are prohibited from possessing a
lobster with a carapace length smaller than 31/4 inches or larger than
five inches.
2. Commercial fishers
fishing or Authorized to Fish in LCMA 2, 4 and 5, as defined in
322
CMR 6.33, are prohibited from possessing a
lobster with a carapace length smaller than 3
3/8 inches and
larger than 51/4 inches.
3.
Commercial fishers fishing or Authorized to Fish in LCMA 3, as defined in
322
CMR 6.33, are prohibited from possessing a
lobster with a carapace length smaller than
317/32 inches and larger than
63/4 inches.
4. Commercial
fishers fishing or Authorized to Fish in LCMA Outer Cape Cod, as defined in
322
CMR 6.33, are prohibited from possessing a
lobster with a carapace length smaller than
33/8 inches.
5. Commercial fishers fishing or Authorized
to Fish in LCMA Area 6, as defined in
322
CMR 6.33, are prohibited from possessing a
lobster with a carapace length smaller than
39/32 inches and larger than
51/4 inches.
(c)
Recreational Fishery.
1. Recreational fishers fishing in the Gulf
of Maine Recreational Area, as defined in
322
CMR 6.33, are prohibited from possessing a
lobster with a carapace length smaller than 31/4 inches or larger than
five inches.
2. Recreational
fishers fishing in the Outer Cape Cod Recreational Area, as defined in
322
CMR 6.33, are prohibited from possessing a
lobster with a carapace length smaller than
33/8 inches.
3. Noncommercial fishers fishing in the
Southern New England Recreational Area, as defined in
322
CMR 6.33, are prohibited from possessing a
lobster with a carapace length smaller than
33/8 inches or larger than
51/4 inches.
(3)
Gear
Restrictions. It shall be unlawful for any person to take or
attempt to take lobsters from the waters under the jurisdiction of the
Commonwealth by the use of traps without said traps having the following
features:
(a)
Escape
Vent. All lobster traps must have escape vents that conform to the
following specifications:
1.
General Requirements. On each trap, separate parlors
shall each have an escape vent, while only the outer of connected parlors must
have an escape vent.
2. LCMA1.
Commercial fishers fishing or authorized to fish in LCMA 1, as defined in
322
CMR 6.33, shall rig their traps with escape
vents that measure at least
115/16 inches by 53/4
inches or two circular escape vents that measure at least
27/16 inches.
3.
LCMA 2, 3, 4, 5 and 6 or Outer
Cape Cod. Commercial fishers fishing or authorized to fish in LCMA
2, 3, 4, 5 and 6 or Outer Cape Cod, as defined in
322
CMR 6.33, shall rig their traps with escape
vents that measure at least two inches by 53/4 inches or two circular
escape vents that measure at least
25/8 inches.
4.
Gulf of Maine Recreational
Lobster Area. Recreational fishers fishing in or authorized to
fish in the Gulf of Maine Recreational Lobster Area, as defined in
322
CMR 6.33, shall rig their traps with escape
vents that measure at least
115/16 inches by 53/4
inches or two circular escape vents that measure at least
27/16 inches.
5.
Outer Cape Cod or Southern New
England Recreational Lobster Areas. Recreational fishers fishing
in or authorized to fish in the Outer Cape Cod or Southern New England
Recreational Lobster Areas, as defined in
322
CMR 6.33, shall rig their traps with escape
vents that measure at least two inches by 53/4 inches or two circular
escape vents that measure at least
25/8 inches.
(b)
Ghost
Panel. All lobster traps must have an unobstructed ghost panel
located in the parlor sections on the sides or at the end, or on the top if the
escape vent is placed directly over the head and meets the following
specifications:
1. The opening covered by the
ghost panel or created by other approved mechanism shall be rectangular and
measure at least 33/4 by 33/4 inches, shall be located in the outer
parlor section(s) of the trap, and in a position which allows an unobstructed
exit of lobsters from the trap.
2.
The ghost panel shall be constructed of, or fastened to the trap with, one of
the following materials: wood lath; cotton, hemp, sisal orjute twine not
greater than
3/16 inch in
diameter; or non-stainless, uncoated ferrous metal not greater than
3/32 inch in
diameter.
3. The door of the trap
may serve as the ghost panel if fastened to the trap with a material specified
in 322 CMR
6.02(3)(b).
4. The escape vent specified in
322
CMR 6.02(3)(a) may serve as
a ghost panel if incorporated into a panel constructed of, or attached to the
trap with, a material specified in
322
CMR 6.02(3)(b), and upon
breakdown of the degradable materials, will create an opening for egress of
lobsters at least 33/4 by 33/4 inches.
5. Traps constructed entirely or partially of
wood shall be considered to be in compliance if constructed of wood lath to the
extent that deterioration of wooden component(s) will result in an unobstructed
opening as specified in
322
CMR 6.02(3)(b)1.
(c)
Maximum Trap
Size. Volume of any trap shall not exceed 22,950 cubic
inches.
(d)
Open and
Collapsible Traps. The taking of lobster by any collapsible device
constructed of wire or other material(s) that is fished in an open
configuration until retrieved is prohibited. This prohibition shall not apply
to the taking of edible crabs.
(e)
Nonconforming Contrivances. It is unlawful for any
person to set or attempt to set any contrivance, other than fishing gear
regulated by the Division pursuant to M.G.L. c. 130 and 322 CMR, designed to or
capable of attracting lobsters. For the purposes of
322
CMR 6.02(3)(e), contrivances
shall include, but not be limited to, any toilet tanks, planters or cement
structures. Possession of any contrivance that violates
322
CMR 6.02(3)(e) while on the
waters under the jurisdiction of the Commonwealth is prima
facie evidence of a violation of
322
CMR 6.02(3)(e).
(f) All traps must be marked in accordance
with the trap gear marking requirements at
322
CMR 4.13(2)
(g) All traps must be configured to comply
with the relevant fixed gear and trap gear restrictions at
322
CMR 12.06.
(4)
Egg-bearing
Lobsters.
(a) It shall be
unlawful to remove eggs from any berried lobster.
(b) It shall be unlawful to land or possess
any lobster:
1. from which eggs have been
removed.
2. that has come in
contact with any substance capable of removing lobster eggs.
(5)
V-notched Female Lobster Protection.
(a)
Purpose. The
purpose of
322
CMR 6.02(5) is to protect
certain female lobsters from harvest that bear a v-shaped notch or the remnant
of a healed notch on a specific flipper, evidence that the lobster has been
marked and released for conservation purposes. Area-specific v-notch standards
regarding the possession of previously notched lobsters for commercial fishers
are contained in
322
CMR 6.02(5)(e), consistent
with the area-specific components of the interstate management plan, resulting
in three different standards of measuring a "V" in the notched flipper,
constituting varying degrees of protection from harvest. For noncommercial
(recreational) fishers and seafood dealers, uniform statewide standards for
possessing previously v-notched lobster are contained in
322
CMR 6.02(5)(e).
(b)
V-notching
Methods. Any commercial fishers required by 322 CMR or authorized
to mark lobsters with a v-shaped notch shall carve a v-shaped notch in the base
of a specific flipper by means of a sharp bladed instrument, at least 1/4
inch and not greater than a 1/4 inch in depth and tapering to a sharp
point. For purposes of322 CMR
6.02(5), the specific
flipper is to the right of the center flipper as viewed from the rear of the
female lobster when the underside of the lobster is down.
(c)
Mutilated
V-notch. For purposes of complying with
322
CMR 6.02(5), it shall be
unlawful for any person to possess a female lobster that is mutilated in a
manner that could hide, obscure or obliterate a v-shaped notch.
(d)
LCMA Specific Requirements
for Commercial Lobster Fishers to V-notch.
1.
LCMA 1.
Commercial fishers authorized to fish in LCMA 1, as defined at
322
CMR 6.33, shall v-notch and then immediately
release all egg bearing female lobsters.
2.
LMCA 2.
Commercial fishers authorized to fish in LCMA 2, as defined at
322
CMR 6.33, shall v-notch and then immediately
release all egg-bearing female lobsters of legal size as defined at
322
CMR 6.02(2)(b)2.
(e)
Restrictions on
Possessing V-notched Female Lobsters.
1.
LCMA 1. It shall
be unlawful for any commercial fishers fishing or authorized to fish in LCMA 1,
as defined at
322
CMR 6.33, to possess any female lobster
bearing a v-shaped notch in the base of the flipper that is of any size with or
without setal hairs.
2.
LCMAs 2, 3, 4, 5 and 6. It shall be unlawful for any
commercial fishers fishing or authorized to fish in LCMA 2, 3, 4, 5 and 6, as
defined at
322
CMR 6.33(2), to possess any
female lobster that bears a notch or indentation in the base of the flipper
that is at least as deep as
1/8 inch with or
without setal hairs.
3.
Outer Cape Cod LCMA. It shall be unlawful for any
commercial fishers fishing or authorized to fish in the Outer Cape Cod LCMA, as
defined at
322
CMR 6.33(2), to possess any
female lobster that bears a notch or indentation in the base of the flipper
that is at least as deep as 1/4 inch and tapering to a sharp point without
setal hairs.
4.
Recreational Lobster fishers. It shall be unlawful for
any recreational fishers fishing or authorized to fish in the waters under the
jurisdiction of the Commonwealth to possess any female lobster that bears a
notch or indentation in the base of the flipper that is at least as deep as
1/8 inch with or
without setal hairs.
5.
Seafood Dealers. It shall be unlawful for any seafood
dealers, permitted in accordance with
322
CMR 7.01(3): Dealer
Permits to possess any female lobster that bears a notch or
indentation in the base of the flipper that is at least as deep as 1/2
inch and tapering to a sharp point without setal
hairs.
(6)
Noncommercial Lobster Daily Possession and Landing
Limit. It shall be unlawful for any recreational fisher to harvest
more than 15 lobsters per calendar day for personal use, or possess more than
15 lobsters while lobster fishing in waters under the jurisdiction of the
Commonwealth.
(7)
Seasonal Closures: Outer Cape LCMA. Fishing for
lobster with traps is prohibited within the Outer Cape LCMA, as defined at
322
CMR 6.33, from February
1st through April 30th.
Fishers are required to remove all lobster traps from the waters of the Outer
Cape LCMA prior to this closed period. It shall be unlawful for any commercial
fisher authorized to fish traps in the Outer Cape LCMA to fish, set or abandon
any lobster traps in any LCMAs during this seasonal closure. Notwithstanding
the above, the fixed gear seasonal closures at
322
CMR 12.04: Fixed Gear Seasonal
Closures may remain in effect in Outer Cape LCMA through May
15th unless otherwise annually rescinded prior to or
extended beyond May 15th by the
Director.
