(1)
Definitions. For the purpose of
322
CMR 6.03, the following words shall have the
following meanings:
American Plaice means that species
known as Hippoglossoides platessoides, and commonly referred
to as dab or American dab.
Cod means that species of fish known
as Gadus morhua.
Commercial Fisher means any person
permitted in accordance with M.G.L. c. 130, § 80 and
322
CMR 7.01(2) to retain,
possess, or land multi-species groundfish for purpose of sale, barter, or
exchange or who keeps for personal or family use any regulated multi-species
groundfish taken under the authority of said permit.
For-hire Vessel means a vessel
permitted in accordance with
322
CMR 7.10(5)(a):
Permit Categories to carry paying customers for the purpose of
recreational fishing.
Gonads means sex glands commonly known
as ovaries or testes or any portions thereof removed from fish and retained for
purposes of sale.
Gulf of Maine Groundfish Management
Area means those waters under the jurisdiction of the Commonwealth
north of 42°00' including waters of Cape Cod Bay and the Cape Cod Canal
that is bounded to the west by a line drawn from the Massachusetts Maritime
Academy to the Bell's Neck Rd./Tidal Flats Recreation Area. This area also
includes all estuaries and salt ponds that drain to these waters.
Haddock means that species of fish
known as Melanogrammus aegleinus.
Halibut means that species of fish
known as Hippoglossus hippoglossus.
Land means to transfer or off load any
regulated multi-species groundfish onto any vessel, boat, watercraft, land,
dock, pier, wharf or other artificial structure used for the purpose of
receiving fish.
Maximum Retention Electronic Monitoring
Program means the federal program established pursuant to
Amendment 23 to the New England Fishery Management Council's Northeast
Multi-Species Fishery Management Plan and authorized pursuant to 50 CFR Part
648, for vessels permitted by NOAA Fisheries to participate in the federal
sector program for the regulated multi-species groundfish fishery and whereby
all eligible trips are electronically monitored; fish must be handled in view
of cameras; allowed discarding must occur at controlled points in view of
cameras; all allocated regulated multi-species groundfish must be retained;
electronic monitoring is used to verify compliance; and off loads are subject
to observation by dockside monitors.
Monkfish means the species of fish
known as Lophius americanus.
Monkfish Tail means the section
between the first, short, slender spine of the dorsal fin (fourth cephalic
spine) and the end of the tail (caudal fin).
Monkfish Whole Weight means tail
weight multiplied by 2.91 conversion factor.
Ocean Pout means the species of fish
known as Macrozoarces americanus.
Pollock means that species of fish
known as Pollachius virens.
Recreational Fisher means any person
who harvests or attempts to harvest fish for personal or family use, sport or
pleasure, and which are not sold, bartered, or exchanged.
Recreational Fishing means fishing
with hand-held gear other than nets for a purpose or use other than sale,
exchange or barter.
Redfish means that species of fish
known as Sebastes fasciatus.
Regulated Multi-species Groundfish
means inclusively, American plaice, cod, haddock, halibut, monkfish, ocean
pout, pollock, redfish, windowpane flounder, winter flounder, witch flounder,
wolfish and yellowtail flounder.
Southern New England Groundfish Management
Area means those waters under the jurisdiction of the Commonwealth
south of 42°00' excluding waters of Cape Cod Bay, but including Pleasant
Bay and Nauset Harbor and all connecting embayments in the County of Barnstable
as well as all estuaries and salt ponds that drain to these waters.
Total Length means the greatest
straight line length as measured on a fish with its mouth closed from the
anterior most tip of the jaw or snout to the farthest end of the tail. For fish
with forked tails, the upper and lower fork may be squeezed together to measure
the tail extremity.
Trip means the time period that begins
when a fishing vessel departs from a dock, berth, beach, seawall, ramp or port
to carry out commercial fishing operations and that terminates with a return to
a dock, berth, seawall, ramp or port.
Windowpane Flounder means that species
of fish Scophthalmus aquosus.
Winter Flounder means that species of
fish known commonly as blackback Pseudopleuronectes
americanus.
Witch Flounder means gray sole or that
species of fish known as Glyptocephalus cynoglossus.
Wolffish means that species of fish
known as Anarhichas lupus.
Yellowtail Flounder means that species
of fish known as Limanda ferruginea.
(2)
Size Limits.
Except as authorized at
322
CMR 6.03(13)(a), it shall be
unlawful to retain, possess or land multispecies groundfish of a total length
as set forth below:
(a)
Commercial
Fishing. For commercial fishers and dealers:
1. Cod: less than 19 inches;
2. Dabs: less than 12 inches;
3. Haddock: less than 16 inches;
4. Pollock: less than 19 inches;
5. Yellowtail Flounder: less than 12
inches;
6. Halibut: less than 41
inches;
7. Monkfish: less than 17
inches in total length or monkfish tails less than 11 inches in total
length;
8. Windowpane Flounder:
less than 12 inches;
9. Winter
Flounder: less than 12 inches;
10.
Witch Flounder: less than 13 inches; and
11. Redfish: less than seven
inches.
(b)
Recreational Fishing. For recreational fishers:
1.
Cod:
a. less than 23 inches in the Southern New
England Groundfish Management Area;
b. less than 23 inches in the Gulf of Maine
Groundfish Management Area.
2.
Dabs: less than
14 inches;
3.
Haddock:
a. less than
18 inches in the Gulf of Maine Groundfish Management Area;
b. less than 18 inches in the Southern New
England Groundfish Management Area.
4.
Yellowtail
Flounder: less than 13 inches;
5.
Halibut: less
than 41 inches;
6.
Windowpane Flounder: less than 12 inches;
and
7.
Winter
Flounder: less than 12 inches.
(3)
Method of
Measurement.
(a)
Minimum Size. The minimum sizes established in
322
CMR 6.03(2) shall be
determined by the greatest straight line length in inches as measured on a fish
with its mouth closed from the anterior most tip of the haw or snout to the
farthest extremity of the tail. For fish with forked tails, the upper and lower
fork may be squeezed together to measure the tail extremity.
(b)
Exceptions for Possession of
Cod Parts. For purposes of determining weights for trip limits as
established by
322
CMR 6.03, the weight of fillets will be
multiplied by three, and the weight of headless whole-gutted cod will be
multiplied by 1.25. The weights of cheeks removed from cod heads and cod gonads
consistent with
322
CMR 6.03(3)(b) shall be
exempt from the possession limits.
(c)
Prohibition. It
shall be unlawful for a commercial fisher to mutilate any cod in such a way as
to interfere with or affect a proper or adequate measurement of the
fish.
(4)
Recreational Fishery Cod Limit.
(a)
Gulf of Maine Groundfish
Management Area.
1.
Open Season. During the period of September
1st through October 31st,
it shall be unlawful for any recreational fisher to retain, possess or land
more than one cod per day taken from the Gulf of Maine Groundfish Management
Area.
2.
Closed
Season. During the period of November
1st through August 31st,
it shall be unlawful for any recreational fisher to retain, possess or land any
cod taken from the Gulf of Maine Groundfish Management Area.
(b)
Southern New
England Groundfish Management Area.
1.
Open Season.
During the period of September 1st through May
31st, it shall be unlawful for any recreational
fisher to retain, possess or land more than five cod per day taken from the
Southern New England Management Area.
2.
Closed Season.
During the period of June 1st through August
31st, it shall be unlawful for any recreational
fisherman to retain, possess or land any cod taken from the Southern New
England Management Area.
(c)
Exceptions.
Customers aboard for-hire vessels fishing in federal waters may possess and
land cod in compliance with federal regulations.
(5)
Commercial Fishery Cod Trip
Limits. The trip limits established in
322
CMR 6.03(5) shall be
determined by the weight of whole, whole-gutted, or gilled fish and shall apply
to any trip or 24-hour period, whichever period is longer. It shall be unlawful
for a commercial fisher or vessel fishing in:
(a)
Gulf of Maine Groundfish
Management Area to possess onboard or land more than 400 pounds of
cod per trip or per 24-hour day, whichever period is longer.
(b)
Southern New England
Groundfish Management Area to possess onboard or land more than
1,000 pounds of cod per trip or per 24-hour day, whichever period is
longer.
(6)
Gonad Restrictions.
(a)
Possession
Limit. It shall be unlawful for fisher to possess any quantity of
gonads that in aggregate weighs in excess of 10% of the weight of Atlantic cod
aboard the vessel.
(b)
Prohibition. It shall be unlawful for fisher to remove
gonads from any fish that measures below the minimum size or from any
legal-sized fish released due to state or federal possession limits.
(7)
Commercial Fishery
Limits for Yellowtail Flounder. It shall be unlawful for any
commercial fisher or vessel fishing within waters under the jurisdiction of the
Commonwealth to possess onboard or land more than 350 pounds of yellowtail
flounder during a trip or 24-hour period, whichever period is longer.
(8)
Witch Flounder Commercial
Possession Limit. It shall be unlawful for any commercial fisher
or vessel fishing within waters under the jurisdiction of the Commonwealth to
possess onboard or land more than 750 pounds of witch flounder during a trip or
24-hour period, whichever period is longer.
(9)
Halibut Fishery Possession
Limit. It shall be unlawful for:
(a)
Commercial
fisher to possess onboard or land more than one halibut per vessel per trip or
24-hour period, whichever period is longer.
(b)
Recreational
fisher to possess on board or land more than one halibut per person per
day.
(10)
Commercial Fishery Monkfish Limit.
(a) It shall be unlawful for any commercial
fisher or vessel fishing within waters under the jurisdiction of the
Commonwealth to possess onboard or land more than 536 lbs. of monkfish tails or
1,560 lbs. whole weight, per trip or 24-hour period, whichever period is
longer.
(b)
Limitation
on Possessing or Landing Monkfish Livers. During any trip it shall
be unlawful for any vessel fishing in the waters of the Commonwealth to possess
or land monkfish livers in excess of:
1. 25%
the total weight of the monkfish tail; and
2. 10% the total weight of the whole
monkfish.
(11)
Winter Flounder Fishery Limits.
(a)
Commercial
Fishery.
1.
Possession Limits. It shall be unlawful for a
commercial fisher or vessel to possess onboard or land:
a. more than 500 lbs. of winter flounder
taken from the Gulf of Maine Groundfish Management Area per trip or 24-hour
period, whichever period is longer; or
b. more than 50 lbs. of winter flounder taken
from Southern New England Groundfish Management Area per trip or 24-hour
period, whichever period is longer.
(b)
Recreational
Fishery.
1.
Gulf of
Maine Groundfish Management Area. From January
1st through December 31st
it shall be unlawful for any recreational fisher fishing in the Gulf of Maine
Groundfish Management Area to possess more than eight winter flounder per
day;
2.
Southern New
England Groundfish Management Area.
a.
January
1st through the Last Day of February.
It shall be unlawful for recreational fisher fishing in the Southern New
England Groundfish Management Area to possess any winter flounder; and
b.
March
1st through December
31st. It shall be unlawful for any
recreational fisher fishing in the Southern New England Groundfish Management
Area to possess more than two winter flounder per day.
(12)
Haddock
Fishery Limits.
(a)
Recreational Fishery in Gulf of Maine Groundfish Management
Area.
1.
Open
Season. During the period of April 1st
through the last day of February it shall be unlawful for any recreational
fisher to retain, possess, or land more than 15 haddock per day taken from the
Gulf of Maine Groundfish Management Area.
2.
Closed Season.
During the period of March 1st through March
31st, it shall be unlawful for any recreational
fisher to retain, possess or land any haddock taken from the Gulf of Maine
Groundfish Management Area.
(b)
Exceptions.
Customers aboard for-hire vessels fishing in federal waters may possess and
land haddock in compliance with federal regulations.
(13)
Exception to Possession and
Size Limits.
(a)
Federal Permit Holders. Commercial fishers who hold
federal permits allowing the taking of regulated multispecies groundfish
species from federal waters may retain, possess, and land regulated
multispecies groundfish species that do not comply with possession limits set
forth at
322
CMR 6.03 provided said fish were lawfully
taken from federal waters pursuant to federal regulations at 50 CFR 6.48. It
shall be unlawful for any commercial fisher with federal permits allowing the
taking of regulated multispecies groundfish to retain or possess regulated
multispecies groundfish species that do not comply with the possession limits
set forth at
322
CMR 6.03 if actively fishing within the
waters under the jurisdiction of the Commonwealth.
(b)
Open Access State Waters
Regulated Multi-Species Groundfish. Those commercial fishers,
permitted in accordance with
322
CMR 7.01(2):
Commercial Fishing Permits, who do not hold a regulated
fishery permit endorsement for state-waters groundfish issued in accordance
with 322 CMR
7.01(4)(a):
Regulated Fishery, may possess, land and sell up to 25 pounds,
in aggregate, of regulated groundfish species taken from the waters under the
jurisdiction of the Commonwealth. This limit shall apply to the vessel per
calendar day, regardless of the number of commercial fishing permits carried on
board the vessel.
(c)
Federal Maximum Retention and Electronic Monitoring
Program.
1. Commercial fishers
who hold vessels with federal permits allowing the taking of regulated
multispecies groundfish species from federal waters and are lawfully
participating in the federal maximum retention electronic monitoring program
may possess and land regulated multispecies groundfish species taken from
federal waters that do not comply with the minimum size standards set forth at
322
CMR 6.03(2)(a).
2. Dealers who hold a federal northeast
multi-species groundfish dealer permit may purchase and possess regulated
multi-species groundfish that do not meet the commercial multi-species
groundfish minimum size standards set forth at
322
CMR 6.03(2)(a), provided:
a. The fish was landed by vessels lawfully
participating in the federal maximum retention electronic mentioning
program.
b. Containers of
non-conforming sized fish are clearly marked, labeled, or otherwise identified
as holding non-conforming sized fish taken as part of the federal maximum
retention electronic monitoring program, the vessel from which they were
offloaded, and the date of offloading.
3. Any person in possession of any
non-conforming sized fish or racks of fish shall hold a receipt issued by the
dealer. The receipt shall document the name of the dealer the non-conforming
sized fish or racks of fish were purchased from and that the non-conforming
sized fish or racks of fish were landed as part of the maximum retention
electronic monitoring program. The receipt shall remain with the non-conforming
sized fish or racks of fish until final point of sale or use.
4. Vessels and dealers participating in the
maximum retention electronic monitoring program shall notify the Division if
they enter or leave the program.
(14)
Prohibitions.
(a)
Commercial. It
shall be unlawful for any commercial fisher or vessel to retain or land:
1. Ocean pout;
2. Windowpane flounder; and
3. Wolffish.
(b)
Recreational. It
shall be unlawful for any recreational fisher to possess or land:
1. Wolffish;
2. Ocean pout; or
3. Windowpane flounder.
(c) It shall be unlawful for recreational
fishers to land filets of groundfish species without two square inches or more
of skin on each filet and in any quantity more than two times the possession
limit per recreational fishers or vessel, whichever is less.
