Current through Register 1531, September 27, 2024
(1)
Definitions.
Batch means all sea urchins in each
separate container.
Container means any bag, box, cage or
other receptacle containing loose urchins which may be separated from the
entire load or shipment.
Effective Fishing Width means the
width of the sea bottom from which a dredge collects sea urchins, including the
inside width of the opening or frame or other structures which affect the
overall width of the path from which sea urchins are taken.
Sea Urchin means that species of
echinoderm known as Strongylocentrotus
droebachiensis.
(2)
Minimum Size.
(a) No
person shall take or possess sea urchins measuring less than two inches in the
longest diameter, exclusive of the spines, to the amount of more than 5% of any
batch.
(b) Sublegal sea urchins
shall be culled immediately after capture, and returned immediately to the
sea.
(3)
Closed Season.
(a) It
is unlawful for any person using mobile gear including urchin dredges to take
or possess for commercial purposes sea urchins from waters under the
jurisdiction of the Commonwealth during the period March
1st through October
31st.
(b) It is unlawful for any person using SCUBA
or any method other than mobile gear including urchin dredges to take or
possess for commercial purposes sea urchins from waters under the jurisdiction
of the Commonwealth during the period May 1st
through August 31st.
(4)
Gear
Restrictions.
(a) No person shall
dredge for sea urchins in any area(s) closed to mobile gear fishing unless a
single dredge meeting the following specifications is used:
1. The effective fishing width of the dredge
is 48 inches or less.
2. The frame
or bale is constructed of 3/4 inch or smaller stock (bar or rod) with
skids no longer than three feet in length.
3. The chain sweep section behind the bale
shall be constructed of 1/4 inch or smaller chain in a single layer square
mesh pattern no longer than 41/2 feet.
4. The twine codend, measured from where the
chain section ends shall be no longer than five feet in length.
5. Chafing gear to protect the codend shall
be traditional twine chafing gear or a rubber mat five feet or less in length
and four feet or less in width.
6.
The dredge specified for areas closed to mobile gear may only be towed with
wire or cable of d inch or smaller diameter or rope of e inch or smaller
diameter.
(5)
Closed Areas. (Reserved)
(6)
Permits.
(a) No person shall take or possess for
commercial purposes sea urchins from waters under the jurisdiction of the
Commonwealth unless he or she is in possession of a valid regulated fishery
permit endorsed for sea urchins, issued by the Director pursuant to
322
CMR 7.01(4)(a):
Regulated Fishery Permit Endorsement.
(b) No person shall be issued a regulated
fishery permit endorsed for the harvest of sea urchins unless he or she is a
bona fide resident of Massachusetts or is a resident of a
state which grants equal access to Massachusetts residents.
(c) Each individual SCUBA diver must be in
possession of both a Commercial Fisherman Permit and a Regulated Fishery Permit
endorsed for sea urchins, issued by the Director pursuant to
322
CMR 7.01(4)(a):
Regulated Fishery Permit Endorsement.
(d) Each diver tender boat must be in
possession of a Commercial Fisherman Permit (boat) and a regulated fisherman
permit endorsed for sea urchins unless each person on board is in possession of
a Commercial Fisherman Permit (individual) and a regulated fisherman permit
endorsed for sea urchins, issued by the Director pursuant to
322
CMR 7.01(4)(a):
Regulated Fishery Permit Endorsement.
(e) Each dredge boat must be in possession of
a Commercial Fisherman Permit (boat) and a regulated fishery permit endorsed
for sea urchins unless each person on board holds a Commercial Fisherman Permit
(individual) and a Regulated Fishery Permit endorsed for sea urchins, issued by
the Director pursuant to
322
CMR 7.01(4)(a):
Regulated Fishery Permit Endorsement
(f) Each dredge boat fishing for sea urchins
in waters open to mobile gear fishing with a dredge or combination of dredges
greater than 48 inches must also possess a valid Coastal Access Permit. Boats
fishing with a single sea urchin dredge of 48 inches or less are exempted from
the requirements for a Coastal Access Permit, and may fish in areas closed to
mobile gear fishing under other sections of 322 CMR 6.00.
(7)
Prohibitions.
(a) It shall be unlawful for any vessel
fishing in areas closed to mobile gear fishing under the exception provided in
322
CMR 6.24(5)(f) to conduct
fishing operations during the period 1/2 hour after sunset to 1/2
hour before sunrise at Boston, MA.
(b) It shall be unlawful for any person
fishing under the authority of a Regulated Fishery Permit endorsed for sea
urchins to retain any bycatch of regulated species, including any lobsters,
finfish, or shellfish.
(c) It shall
be unlawful for any person to dredge for sea urchins in areas defined in
322
CMR 8.09: Spawning Area
Closures during the period February 1st
through April 30th.