Current through Register 1531, September 27, 2024
(1)
Definitions.
Commercial Fisherman means any person
or vessel permitted in accordance with 322 CMR 7.01(2): Commercial
Fisherman Permits.
Discard means the return of live sea
scallops to the sea.
Exclusive Economic Zone means all
waters extending from the seaward boundary of the waters under the jurisdiction
of the Commonwealth to 200 nautical miles from the coast.
Land means to transfer or attempt to
transfer catch onto any land, pier, wharf, dock or other artificial structure
or for a fishing vessel with any fish onboard to tie-up to any dock, pier or
other artificial structure.
Sea Scallop means the species known as
Placopecten magellanicus.
Shuck means to remove from the shell
and retain only the edible adductor muscle of a sea scallop.
Standard Fish Tote means a fish tote
that does not exceed the volume of 6525 cubic inches.
(2)
Minimum Size.
(a) It is unlawful to fish for, catch, take,
have on board, or off-load from any fishing vessel, Atlantic Sea Scallops the
shells of which are less than 31/2 inches in diameter from the hinge to
the outer edge.
(b) Notwithstanding
322
CMR 6.05(2)(a), it is lawful
to fish for, catch, take, have on board, or off-load from any fishing vessel
Atlantic Sea Scallops with shells less than 31/2 inches in the longest
diameter provided said Atlantic Sea Scallops comprise no more than 10% of the
entire lot of Atlantic Sea Scallops. This 10% tolerance shall be determined by
numerical count taken at random of not less than one peck no more than four
pecks of the entire lot of Atlantic Sea Scallops.
(3)
Possession and Landing
Limits.
(a)
Possession and Landing Limits.
1.
Shucked Sea
Scallops. It shall be unlawful for any commercial fisherman to, at
any time, possess or land more than 200 lbs. of shucked sea scallops;
2.
Whole In-shell Sea
Scallops. It shall be unlawful for any commercial fisherman to, at
any time, possess or land more than 2,000 lbs. of whole in-shell sea scallops
a.
Possession
Equivalency. For any commercial fisherman landing both whole
in-shell sea scallops and shucked sea scallops the weight of whole in-shell sea
scallops shall be multiplied by.10 to determine compliance with the possession
and landing limits.
b.
Volumetric Equivalency.
i. All whole in-shell sea scallops shall be
placed in level filled standard fish totes upon landing;
ii. A level filled standard fish tote shall
represent 100 lbs. of whole in-shell sea scallops
3.
Exemption. Vessels permitted by the National Marine
Fisheries Service to commercially harvest and land Atlantic sea scallops may
possess and land more than the state possession and daily landing limits
provided:
a. The vessel transits directly
through the waters under the jurisdiction of the Commonwealth for the purpose
of landing sea scallops;
b. The
vessel makes no stops unless otherwise directed by the Massachusetts
Environmental Police for the purpose of boarding and inspection;
c. The dredge gear is out of the water and
properly stowed on board; and
d. The
vessel, crew, gear and catch is otherwise in compliance with the applicable
federal regulations.
(4)
Commercial Harvest,
Discarding and Disposition of Catch.
(a) It shall be unlawful to fish for,
harvest, possess or land sea scallops taken from the waters of the Exclusive
Economic Zone unless so authorized by a sea scallop permit issued by the
National Marine Fisheries Service;
(b) It shall be unlawful to discard any sea
scallops within the restricted coastal waters of the Commonwealth, as
established at
322
CMR 4.02: Use of Nets in Inshore
Restricted Waters; and
(c)
It shall be unlawful to land sea scallops in shell unless the area where the
sea scallops were harvested from is classified as "Approved" by the Division of
Marine Fisheries in accordance with the National Shellfish Sanitation
Program.
(5)
Recreational Fishery Limit. In any one day, it is
unlawful for a recreational fisherman to harvest or possess more than one
bushel of whole scallops or four quarts of shucked scallops for personal
use.
(6)
Permits.
(a) No
person shall take or possess scallops in excess of the recreational fishery
limits as defined in
322
CMR 6.05(3) unless licensed
as a commercial fisherman under the authority of
322
CMR 7.01: Form, Use and Contents of
Permits.
(b) Commercial
fishermen who harvest sea scallops by hand must possess a commercial permit
endorsed for sea scallop diving.
(c) No person shall be issued a commercial
permit endorsed for sea scallop diving unless he or she is a bona
fide resident of the Commonwealth or is a resident of a state that
grants equal access to Massachusetts residents.
(d) Each individual diver on board a vessel
where the scallop quantities exceed the recreational possession limit as noted
in 322 CMR 6.05(3)
must possess a commercial permit endorsed
for sea scallop diving.
(e)
Commercial fishermen who harvest sea scallops by mobile gear from waters under
the jurisdiction of the Commonwealth must possess a Coastal Access commercial
permit as defined in
322
CMR 7.05: Coastal Access Permit
(CAP).
