Current through Register 1531, September 27, 2024
(1)
Definitions. For the purposes of 322 CMR 6.12 the
following words shall have the following meanings.
Black Sea Bass means that species
offish known as Centropristes striata.
Black Sea Bass Pot means any pot or
trap that has six sides and at least two unobstructed escape vents or openings
in the parlor section that are at least 21/2 inches in diameter, two
inches square, or 1% inch by 5% inch, and is set on the bottom of the ocean and
designed to capture black sea bass.
Black Sea Bass Pot Regulated Fishery Permit
Endorsement means those limited entry regulated fisbery permit
endorsements, issued and managed pursuant to M.G.L. c. 130, §§ 2 and
80 and
322 CMR
7.01(4)(a):
Regulated Fishery and 7.06: Transfer of Limited Entry
Permits, that authorize a named individual to use black sea bass pots
for the taking of black sea bass for commercial purposes.
Coastal Commercial Lobster Permit
means the commercial fisherman permit, issued and managed pursuant to M.G.L. c.
130, §§ 37 and 38 and
322 CMR
7.01(2): Commercial
Fisherman Permits and 7.03: Coastal Lobster Permit and Trap
Allocation Transfer Programs, that authorizes a named individual to:
fish for, possess and land lobsters and finfish taken from the waters under the
jurisdiction of the Commonwealth for commercial purposes.
Commercial Fisherman means any person
fishing under the authority of a permit issued in accordance with M.G.L. c.
130, § 38 or 80 and
322 CMR
7.01(2): Commercial
Fisherman Permits for the purpose of sale, barter or exchange, or to
keep for personal or familial use any fish or shellfish taken under the
authority of the commercial fisherman permit.
Conch Pot means any pot or trap,
without side heads or horizontal laths and is set on the bottom of the ocean
and designed to capture whelks.
Conch Pot Regulated Fishery Permit
Endorsement means those limited entry regulated fishery permit
endorsements, issued and managed pursuant to M.G.L. c. 130, §§ 2 and
80, and
322 CMR
7.01(4)(a):
Regulated Fishery and
322 CMR
7.06: Transfer of Limited Entry
Permits, that authorize a named individual to use conch pots for the
taking of whelks for commercial purposes.
Director means the Director of the
Division of Marine Fisheries or his or her designee.
Eel Pot means any wire pot, trap or
other device designed to catch eels that is closed on two or three sides with
an inverted funnel or throat on one or two sides that acts as an
opening.
Fish or Fishing means to set pots on
the ocean bottom.
Fish Pot means inclusively any black
sea bass pot or scup pot
Fish Pot Regulated Fishery Permit
Endorsement means those limited entry regulated fishery permit
endorsements, issued and managed pursuant to M.G.L. c. 130, §§ 2 and
80, and
322 CMR
7.01(4)(a):
Regulated Fishery and
322 CMR
7.06: Transfer of Limited Entry
Permits, that authorize a named individual to use for commercial
purposes black sea bass pots for the taking of black sea bass, scup pots for
the taking of scup or conch pots for the taking of whelks.
Night Fishing means to set, haul or
tend any trap between 1/2 hour after sunset to 1/2 hour before
sunrise.
Parlor Section of a Pot means that
compartment of a pot that does not contain bait.
Scup means that species of fish known
as Stenotomus chrysops.
Scup Pot means any pot or trap that
has six sides and at least two unobstructed escape vents or openings in the
parlor section that are at least 31/10 inches in
diameter or 21/4 inch square, and is set on the bottom of the ocean and
designed to capture scup.
Scup Pot Regulated Fishery Permit
Endorsement means those regulated fishery permit endorsements,
issued and managed pursuant to M.G.L. c. 130, §§ 2 and 80, and
322 CMR
7.01(4)(a):
Regulated Fishery and
322 CMR
7.06: Transfer of Limited Entry
Permits, that authorize a named individual to use scup pots for the
taking of scup.
Tautog means that species offish known
as Tautoga onitis.
Trap means any lobster trap, modified
lobster trap, fish pot, conch pot, tautog pot, scup pot, or other device, other
than weirs or nets, that placed on the ocean bottom and capable of catching
black sea bass, scup, whelk, tautog, or other species.
Whelk means those species known as
Busycon carica (knobbed whelk) and Busycotypus canaliculatus
(channeled whelk).
(2)
Closed Season.
(a)
Conch Pots. From December
15th through April 14th
it shall be unlawful for any person to take whelks by pots or set, haul, tend
or abandon conch pots in the waters under the jurisdiction of the
Commonwealth.
(b)
Black
Sea Bass Pots. It shall be unlawful to set, haul, tend or abandon
black sea bass pots in the waters under the jurisdiction of the Commonwealth
during the period that:
1. Begins on November
4th or three days following the effective quota
closure date of the commercial scup fishery, as specified in the Declaration of
Closure notice published in accordance with
322 CMR
6.41, whichever occurs first; and
2. Ends on April
28th.
(c)
Scup Pots. It
shall be unlawful to set, haul, tend or abandon scup pots in the waters under
the jurisdiction of the Commonwealth during the period that:
1. Begins on November
4th or three days following the effective quota
closure date of the commercial scup fishery, as specified in the Declaration of
Closure notice published in accordance with 322 CMR. 6.41, whichever occurs
first; and
2. Ends on April
28th.
(3)
Fish Pot and Conch Pot
Marking.
(a) All fish pots and
conch pots and the buoys of individual fish and conch pots or pot trawls must
be marked in accordance with
322 CMR
4.13: Fixed Gear Marking and Maximum
Length Requirements.
(b)
All vessels fishing with fish pots and conch pots must display the buoy color
scheme by painting the color or colors on each side of the hull or upon panels
attached to each side of the hull, or upon both sides of a single panel which
is attached to the vessel on top of the bow, or by mounting a buoy, not less
than 11" in length and four inches in diameter with his or her color scheme
thereon, in an upright position at least six inches above the roof of the
vessel. Color schemes painted on the hull of the vessel or upon panels shall be
displayed as a solid color strip four inches high and 18" long, each strip
abutting another on the longest side, if more than one color, to form a
rectangle or square. The rectangle or square thus formed shall have a black
border all the way around at least one inch wide. All color schemes so
displayed shall be clearly visible from both sides of the boat.
(4)
Gear
Restrictions.
(a) Any person
fishing with pots for whelk shall only use conch pots as defined in 322 CMR
6.12(1); and
(b) It shall be
unlawful to use horseshoe crabs as bait in any pot other than a conch pot or an
eel pot as defined at 322 CMR 6.12(1).
(c) It shall be unlawful for any person to
engage in night fishing. Traps may be hauled at night by the owner or by an
agent approved by the owner and authorized by DMF when they are endangered by
storm.
(d) All fish pots and conch
pots must be configured to comply with the relevant fixed gear and trap gear
restrictions at
322 CMR
12.06(2) and (3).
(5)
Degradable Hinges
and Fasteners. It is unlawful for any person to take or attempt to
take fish from waters under the jurisdiction of the Commonwealth by use of pots
without a panel or door meeting the following specifications:
(a) all hinges or fasteners made of untreated
hemp, jute, or cotton string shall be
3/16" (4.8 mm)
diameter or smaller;
(b) all hinges
or fasteners made of magnesium alloy shall be timed float releases (pop-up
devices) or similar magnesium alloy fasteners; or
(c) all hinges or fasteners made of
ungalvanized or uncoated iron wire shall be 0.094" (2.4 mm) diameter or
smaller.
(d) for black sea bass
pots, the opening covered by this panel or door shall be rectangular and
measure at least 3" by 6", shall be in the parlor section of the pot, and in a
position to allow for the unobstructed exit of fish from the pot.
(6)
Escape
Vents.
(a) It is unlawful for any
person to take or attempt to take scup from waters under the jurisdiction of
the Commonwealth by use of pots without at least two unobstructed escape vents
or openings in the parlor portion of the pot measuring at least
31/10 inches in diameter or 21/4 inches
square.
(b) It is unlawful for any
person to take or attempt to take black sea bass from waters under the
jurisdiction of the Commonwealth by use of pots without at least two
unobstructed escape vents or openings in the parlor portion of the pot
measuring at least 21/2 inches in diameter, two inches square, or 1*3/8
inches by 53/4 inches.
(7)
Restrictions on the Use of
Traps. It shall be unlawful for any person(s) fishing in the
waters under the jurisdiction of the Commonwealth to fish with pots, except
when fishing for:
(a) scup, black sea bass
and whelk under the authority of a species specific fish pot regulated fishery
permit endorsement;
(b) lobsters
and edible crabs subject to the permit requirements specified at M.G.L. c. 130,
§§ 37 and 38, and
322 CMR
7.01(2): Commercial
Fisherman Permits and
322
CMR 7.03: Coastal Lobster Permit and
Trap Allocation Transfer Programs;
(c) American eels subject to M.G.L. c. 130,
§§ 52 and 100D;
(d) green
crabs subject to M.G.L. c. 130 § 37A; and
(e) any finfish or shellfish species under
the authority of an experimental fishery letter of authorization issued by the
Director pursuant to M.G.L. c. 130, § 17, and
322 CMR
7.01(4)(c): Special
Project.
(8)
Restrictions on the Possession and Landing of Fish and Whelks Taken
by Traps . It shall be unlawful for any person(s), fishing with
fish pots, in the waters under the jurisdiction of the Commonwealth to possess
and land:
(a) any black sea bass taken by
pots without a black sea bass pot regulated fishery permit
endorsement;
(b) any scup by pot
without a scup pot regulated fishery permit endorsement; and
(c) any whelk taken by pot without a conch
pot regulated fishery permit endorsement.
(d)
Exceptions.
Fishermen with a valid commercial coastal lobster permit may possess and land
whelk and finfish species including, but not limited to, black sea bass, scup,
and tautog captured in a lobster pot, provided the aggregate weight of the
finfish and whelk catch does not exceed the weight of lobsters during a single
commercial fishing trip.
(9)
Fish and Conch Pot
Limits. It shall be unlawful for any person(s), to set, haul or
tend fish pots and conch pots, in the waters under the jurisdiction of the
Commonwealth, in excess of the following limits:
(a) 200 black sea bass pots by the holder of
a black sea bass regulated fishery permit endorsement;
(b) 200 conch pots by the holder of a conch
pot regulated fishery permit endorsement holder;
(c) 50 scup pots by the holder of a scup
regulated fishery permit endorsement; and
(d) 200 black sea bass pots and scup pots
combined by the holder of a black sea bass and scup pot regulated fishery
permit endorsement.
