Current through Register 1531, September 27, 2024
(1)
Definitions. For the purposes of
322
CMR 6.08, the following words shall have the
following meanings:
Batch means all shellfish in each
separate container.
Bushel means an industry standard
bushel of 1.88 cubic feet in volume.
Cage means an industry standard
container which is 60 cubic feet in volume and holds 32 bushels of clams in the
shell.
Commercial Fishing means to harvest,
catch or take surf clams or ocean quahogs for purposes of sale.
Container means any bag, box, basket,
cage, or other receptacle containing loose shellfish which may be separated
from the entire load or shipment.
Director means the Director of the
Massachusetts Division of Marine Fisheries.
Dredge means any of a variety of towed
devices which utilize blades, knives, or teeth to dig into the substrate and
remove surf clams or ocean quahogs, including the hydraulic dredge which
utilizes pumped water to enhance fishing performance.
Dredging means the use of a dredge to
harvest surf clams or ocean quahogs within the territorial waters of the
Commonwealth.
Effective Fishing Width means the
width of the sea bottom from which a dredge collects shellfish, including the
width of the blades and carriers, bars, wires, suction heads or similar
structures or openings, including any water jet area, which affect the swath or
overall width of the path from which surf clams or ocean quahogs are
taken.
Ocean Quahog means that species of
shellfish known as Arctica Islandica.
Surf Clam means that species of
shellfish known as Spisula solidissima.
Vessel means any fishing vessel which
is licensed to operate for commercial purposes under the authority of M.G.L. c.
130, or any commercial fishing vessel which is operated for commercial purposes
by any person licensed under the authority of M.G.L. c. 130.
(2)
Management
Areas. The following prohibitions shall apply to the following
areas:
(a) Dredging for surf clams is
prohibited from November 1st to April
30th, within an area shoreward of the 12 foot depth
contour as measured at mean low water beginning at Point Allerton, Hull, and
extending southerly to the Massachusetts - Rhode Island Boundary, including
Cape Cod and the Islands.
(b)
Dredging for surf clams is prohibited from May 1st
to October 31st, within an area shoreward of the 20
foot depth contour as measured at mean low water beginning at Point Allerton,
Hull and extending southerly to the Massachusetts - Rhode Island boundary,
including Cape Cod and the Islands.
(c) Dredging for surf clams is prohibited
shoreward of an imaginary line drawn from Long Point, Provincetown to the
"Hopper" so called in North Truro, marked "D" on NOS chart 13246.
(d) Dredging for surf clams is prohibited
shoreward of an imaginary line from Jeremy Point, Wellfleet, to the "Spire" in
Brewster.
(e) Dredging for surf
clams is prohibited inside an imaginary line from Seal Rocks off Scraggy Neck,
Bourne, to the southernmost tip of Sandy Point Dike, Wareham.
(f) Dredging for surf clams is prohibited
from May 1st to October
31st, within an area measured from an imaginary line
one mile seaward from mean low water from Great Point Light to Sankaty Light,
Nantucket.
(g) Commercial surf clam
and ocean quahog management areas may be opened or closed for sanitary purposes
by following established procedures for the sanitary control of shellfish
growing areas. Fishermen holding special permits for the harvest of these
species shall be notified in writing of changes in classification
status.
(h) The provisions of 322
CMR 6.08(2)(a) and (b) shall not apply to the waters of the Town of Gay
Head.
(i) The provisions of 322 CMR
6.08(2)(a) and (b) shall not apply to the waters of the Town of Chatham
bordering on Nantucket Sound which are found within an imaginary line drawn
from a flag marker with radar reflector at Loran C 9960-W-13872.5,
9960-Y-43937.5 as shown NOS Chart 13237; thence proceeding easterly along the
43937.5 line to the western shore of Monomoy Island; thence proceeding in a
southerly direction along the shoreline to the 43928 line; thence proceeding
westerly along the 43928 line to a flag marker with radar reflector at
9960-W-13875, 9960-Y-43928; thence proceeding in a northerly direction to a
pole at 9960-W-13874.2, 9960-Y-43930.4; thence proceeding to apole at
9960-W-13873.2, 9960-Y-43934.0; thence proceeding to the starting point at
9960-W-13872.5, 9960-Y-43937.5.
(j)
The provisions of 322 CMR 6.08(2)(a) and (b) shall not apply to the waters of
the town of Nantucket bounded as follows: beginning at the intersection of the
Loran C 9960-X-25130 line with the shoreline at Madaket Beach, as shown on NOS
chart 13237; thence proceeding northwesterly to the end of Madaket Beach;
thence following an imaginary straight line to the south western most point of
Esther Island; thence following an imaginary straight line to the southernmost
tip of Tuckernuck Island; thence following the west shore of Tuckernuck Island
to its northernmost point; thence following an imaginary straight line to the
southernmost point of Muskegat Island; thence following the western shore of
Muskegat Island to the intersection of the Loran C 9960-X-25190 line; thence
following the 9960-X-25190 line in a southerly direction to the territorial
waters line; thence following the territorial waters line in a southeasterly
direction to its intersection with the Loran C 9960-X-25130 line; thence
following the Loran C 9960-X-25130 line in a northerly direction to the point
of beginning, all as appearing on the following chart.
(k) Dredging for surf clams or ocean quahogs
is prohibited from May 15th through October
15th within an area beginning at Manomet Point in
Plymouth, at 41°55' latitude and 70°32.2' longitude; thence heading due
east for 2.5 miles along the 41°55' parallel to where it intersects with
70°29' longitude; thence due south along the 70°29' meridian to where
it intersects with the shoreline in the town of Sandwich; thence following the
shoreline back to the initial point.
(l) Commercial surf clam or ocean quahog
fishing areas may be opened or closed for management purposes by the director
provided that:
1. a majority of the Marine
Fisheries Advisory Commission approves the action;
2. a notice of opening or closure is sent to
the Secretary of State for publication in the Massachusetts
Register,
3. surf clam
regulated fishery permit holders are notified by mail;
4. the notice includes the rationale for the
opening or closure; and
5. during
the effective date of any closure, the Director shall consider any written
comments on the closure which may be submitted to the Director by the public or
a state or federal agency. Based upon these written comments, the Director may
alter, amend or rescind the closure pursuant to the procedural requirements of
322 CMR 6.08(2)(1).
CHART 322 CMR 6.08(2)
Click to view
image
(3)
Surf clam
restrictions. The following restrictions shall apply to vessels
dredging for surf clams in waters under the jurisdiction of the Commonwealth.
(a)
Surf Clam Trip
Limits.
1. It is unlawful for
any vessel to catch or harvest greater than 200 bushels of surf clams per 24
hour day.
2. It is unlawful for any
vessel to catch, harvest, possess, have on board, land or offload greater than
400 bushels of surf clams per 48 hour period, or at any time while fishing or
having fished in waters under the jurisdiction of the Commonwealth during any
trip.
3. Vessels properly licensed
to do so may land surf clams legally taken outside the territorial waters of
the Commonwealth in excess of the trip limit established by 322 CMR 6.08(3)(a)
provided that no vessel engaged in fishing for surf clams within territorial
waters may possess or have on board more than the prescribed
limit.
(b)
Surf Clam Gear Restrictions.
1. It shall be unlawful for any vessel to
operate with any hydraulic dredge with an effective fishing width greater than
48 inches.
2. It shall be unlawful
for any vessel to operate more than one dredge while harvesting surf
clams.
3. It shall be unlawful for
any vessel to dredge for surf clams in those waters of the Town of Chatham
designated in 322 CMR 6.08(2)(j), unless equipped with a hydraulic dredge with
a 16" or less effective fishing width and powered by a three-inch or smaller
pump with 300 GPM or less capacity at a ten-foot head (according to
manufacturer's specifications).
(c)
Surf Clam Minimum
Size. It is unlawful for any vessel or person to take, possess,
have onboard, land or off-load any surf clams which are less than five inches
in the longest shell diameter to the amount of more than 5% of any batch,
unless authorized by a permit issued by the Director.
1.
Exemption for Federal Permit
Holders. Commercial fishermen in possession of a federal surf clam
permit may possess and land surf clams that do not comply 322 CMR 6.08(3)(c),
provided said surf clams are caught lawfully in federal waters and gear is
stowed when transiting state waters in possession of nonconforming surf
clams.
2.
Exemption for
Dealers. Dealers may obtain, possess and process surf clams that
do not comply with 322 CMR 6.08(3)(c). However, all batches of surf clams must
have been lawfully taken from federal waters or from the waters under the
jurisdiction of another state. All containers of surf clams must retain their
original shellfish harvest tags and the origin of all containers of surf clams
must be determinable through a federal trip report or bill of lading.
3.
Exemption for Aquaculture
Reared Product. No aquaculturist or his or her licensed employee
shall possess for commercial purposes or sell aquaculture reared surf clams
less than 11/2 inches in longest diameter. In addition to the shellfish
tagging requirements at
322 CMR
16.03: Tagging of Shellfish,
all aquaculturists or their licensed employees shall include the statement
"Aquaculture Reared" or "Farm Raised" on all shellfish tags that are affixed to
containers that hold aquaculture reared quahogs or oysters that do not conform
to the minimum sizes at 322 CMR 6.08(3)(c).
(4)
Ocean Quahog
Restrictions.
(a)
Ocean Quahog Trip Limits.
1. It shall be unlawful for any vessel to
catch, harvest, possess, or land greater than eight cages (256 bushels) of
ocean quahogs during any 24-hour period.
2. Vessels properly licensed to do so may
possess and land ocean quahogs legally taken from waters outside the
jurisdiction of the Commonwealth in excess of the trip limit established by 322
CMR 6.08(4)(a)1., provided that no vessel engaged in fishing for ocean quahogs
within the waters under the jurisdiction of the Commonwealth may possess more
than the prescribed limit.
(b)
Ocean Quahog Gear
Restrictions.
1. It is unlawful
for any vessel to operate with any hydraulic dredge with an effective fishing
width greater than 48 inches.
2. It
is unlawful for any vessel to operate more than one dredge while harvesting
ocean quahogs.
3. It is unlawful
for any vessel rigged for the harvest of ocean quahogs to possess or have
onboard surf clams.
(5)
General
Restrictions. The following restrictions apply to vessels fishing
for surf clams or ocean quahogs.
(a)
Permitting Requirements. A regulated fishery permit
endorsement, issued by the Director pursuant to
322 CMR
7.01(4)(a):
Regulated Fishery, is required to dredge for surf clams and
ocean quahogs.
(b)
Incidental Catch. The possession of bay scallops
(Argopecten irradians) and or quahogs (Mercenaria
mercenaria) is prohibited by vessels using hydraulic dredges for surf
clams or ocean quahogs for any period longer than required to remove said
quahogs and bay scallops from the dredge or deck and return them to the waters,
unless said vessel is properly licensed by the town in whose waters the vessel
is fishing to harvest and retain said species.
(6)
Prohibitions.
(a) It is unlawful to fish for surf clams or
ocean quahogs in any area designated as contaminated and classified as
PROHIBITED by the Division of Marine Fisheries pursuant to M.G.L. c. 130,
§§ 74 or 74A, unless specifically authorized by the Director in
accordance with 322 CMR 6.08(10).
(b) It is unlawful to fish for surf clams or
ocean quahogs in any area closed for management purposes pursuant to 322 CMR
6.08(2)(g).
(c) It is unlawful to
fish for surf clams or ocean quahogs in any area not classified as "APPROVED"
according to the National Shellfish Sanitation Program.
(7)
Fishing in Contaminated
Areas. The following conditions apply to the harvest of surf clams
for bait purposes from contaminated areas classified as PROHIBITED by the
Division.
(a)
Permits. A regulated fishery permit endorsement issued
by the Director pursuant to
322 CMR
7.01(4)(a):
Regulated Fishery Permit Endorsement is required to fish in
contaminated areas for surf clams.
(b)
Tagging and
Labeling. All bags and containers used for contaminated surf clams
shall be tagged or labeled on the vessel, before landing, with a waterproof red
tag or label bearing the following information: CONTAMINATED SHELLFISH - FOR
BAIT PURPOSES ONLY - Permit #----(area).
(c)
Gear
Restrictions. Dredges used for the harvest of contaminated surf
clams shall conform to specifications established by 322 CMR 6.08(3)(b)3. All
pumps shall be equipped with mufflers adequate to prevent excessive noise. All
other methods of harvest must be approved in writing by the Division.
(d)
Hours of
Operation. No person may fish for contaminated surf clams except
during daylight hours from sunrise to sunset at Boston,
Massachusetts.
(e)
Landing Restrictions. All shellfish harvested from
specified contaminated areas shall be landed at a location to be named on the
permit, and distributed according to conditions listed on the permit. Any
transportation of contaminated surf clams shall be by a method and route
approved by the Division in writing.
(f)
Landing Limits.
No person authorized under this 322 CMR 6.08(7) to fish for contaminated surf
clams may harvest, possess or offload more than 50 bushels of shellstock or 100
gallons of shucked clams during any 24 hour day.
(g)
Reporting
Requirements. All persons authorized under 322 CMR 6.08(7) shall
follow the reporting requirements established by 322 CMR 6.08(5)(a), except
that a daily record of sales shall be kept and produced upon demand for
inspection by any person authorized to enforce 322 CMR 6.08.
(h)
Management
Areas. Persons authorized under 322 CMR 6.08(7) to fish for
contaminated surf clams in specific areas are exempt from the provisions of 322
CMR 6.08(2).
(i)
Permit
Restrictions. No person authorized to fish for contaminated surf
clams under 322 CMR 6.08(7) may hold a Shellfish Transaction Card issued
pursuant to
322 CMR
7.01(2)(k):
Shellfish Transaction Card.