t^s. CA31.3-; M,°>'b/^oo\ 3150bb 0581 stOS 8 Massachusetts Division of Marine Fisheries "Wed Mniws JUL 2 2 200J DOCUMENTS C0< LECTinu DU CO/3 iieiw10" Marine Fisheries Regulation Summaries as of January, 2001 Updated by: Brian Kelly, Aquatic Biologist II Paul J. Diodati, Director Division of Marine Fisheries David M. Peters, Commissioner Dept. of Fisheries, Wildlife and Environmental Law Enforcement Bob Durand, Secretary Executive Office of Environmental Affairs Argeo Paul Cellucci, Governor Commonwealth of Massachusetts © Publication No. 18568-40-200-2/01 - 1 45-C.R Approved by: Philmore Anderson III, State Purchasing Agent Digitized by the Internet Archive in 2012 with funding from Boston Library Consortium Member Libraries http://archive.org/details/marinefisheriesrOOkell MARINE FISHERIES REGULATION SUMMARIES as of January 2001 Updated by Brian Kelly, Aquatic Biologist II These documents are updated annually to serve as a companion document to Mass. General Laws, Chapter 130 and rules and regulations 322 CMR. CONTENTS: PAGE 2 3 4 6 8 10 12 13 14 16 19 20 21 22 23 24 25 27 28 29 31 32 33 35 36 37 FISHERY Summary of past year's changes Changes that occurred in 2000 and early 2001 GILLNETTING (Fishing on or near bottom) GILLNETTING (Fishing on or near surface) GILLNETTING for Bluefish GILLNETTING for Dogfish GILLNETTING, TRAWLING, or SEINING with inshore net Regulated fishery endorsement PURSE SEINING for Sea Herring or Menhaden MOBILE GEAR: Otter & Beam Trawls, Bottom Pair Trawls, Scallop Dredges, Scottish/Danish Seines, and Pair Seines MOBILE GEAR: with small-mesh Regulated fishery endorsements NORTHERN SHRIMP: Small-mesh Fishing in Federal Waters SURF CLAM DREDGING SURF CLAM DREDGING for bait purposes in contaminated areas OCEAN QUAHOG DREDGING HOOK AND LINE (includes Rod & Reel) FISH WEIRS LOBSTERING commercially with pots in state waters LOBSTERING commercially with pots - using Student Lobster Permit LOBSTERING commercially with SCUBA in state waters LOBSTERING recreationally with Pots or SCUBA using the Non-Commercial Lobster Permit POTTING for Sea Bass POTTING for Conch, Scup or other species (excluding Sea Bass) COMMERCIAL SHELLFISHING SEA URCHIN FISHERY WITH SCUBA SEA URCHIN FISHERY WITH DREDGES FINFISH SIZES AND RESTRICTIONS Please contact the authors for more information or suggestions. MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) Refer to Chapter 130 and 322 CMR for details. The following regulatory changes occurred in 2000 and will be in effect for 2001: Note: This is not a comprehensive list of all regulatory changes enacted during these two years. It does NOT include regulations changed by emergency action that expired and are no longer in effect, nor does it include regulations that have been superseded by more recent changes. New groundfishing rules enacted to complement federal rules: cod possession limit increased to 400 lbs for vessels fishing north of Cape Cod, including all of Cape Cod Bay and waters east of Cape Cod north of 42 degrees latitude. For waters east and south of Cape Cod below 42 degrees latitude, cod trip limit of 2000 lbs established. [CMR 6.03(5)]. Effective January 2000. Three regulatory changes enacted regarding lobster: ( 1 ) V-notched female definition deleted certain language [CMR 6.02] (2) fishermen prohibited from placing trap tags on their traps that were issued to other fishermen [CMR 6.31] (3) lobster processing regulations changed to reference Department of Public Health statutes and federal HAACP regulations [CMR 6.32]. Effective January 2000. Recreational limit on striped bass increased to 30" and opening day of commercial season is Monday, July 3, 2000 [CMR 6.07]. Minimum size of eels was increased from 4" to 6", recreational harvest limit set at 50 eels, and new permit/reporting requirements were established [CMR 6.30]. New horseshoe crab regulations established Saturday and Sunday as no fishing days, daily catch limit of 1 ,000 crabs, and a mechanism to close certain areas as needed [CMR 6.34], Effective March 2000. Summer flounder regulation changes enacted include ( 1 ) longliners allowed to possess up to 100 lbs during the 2000 squid season from April 23 through closure date [CMR 6.22] (2) recreational fishermen have minimum size increased to 15 '/T [CMR 6.09] and open season is May 10 - October 2, 2000 [CMR 6.22]. Effective April 2000. Enacted scup commercial landing possession limits for 2000 fishing period of May 1 -October 31 [CMR 6.28(2)]. Effective April 2000. New regulation [CMR 6.35] enacted dogfish possession limits, state landing quota, rules regarding use of gillnets and eligibility requirements for dogfish gillnetting in state waters. Effective April 2000. No fishing days for sea herring fishery in inshore Gulf of Maine were enacted. [CMR 9.01, 9.04]. Effective August 2000. Regulation enacted new small-mesh raised-footrope trawling area in upper Cape Cod Bay/lower Stellwagen Bank in federal waters for whiting September 1-November 20. [CMR 8.07, 8.12, 8.14]. Effective September 2000. Amended sea herring spawning closure rules to comply with ASMFC interstate plan. [CMR 9.01, 9.02, 9.04]. Effective September 2000. Sea urchin dredge fishery season shifted to November 1 - end February. [CMR 6.24]. Effective September 2000. Established 2 seasonal groundfish closures to complement federal rules (1) January-April and October-November closure in upper Cape Cod Bay/Massachusetts Bay (2) May closure east of Cape Cod. [CMR 8.12]. Effective September 2000 Emergency closure enacted for lobster pots in portion of Upper Cape Cod Bay Whiting Area to prevent proliferation of fixed gear in the trawling area; maybe needed again in 2001. [CMR 8.14(l)(c)]. Effective October 2000. Established closure mechanism for DMF to respond to unexpected levels of groundfish by-catch in Upper Cape Cod Bay Whiting Fishery. [CMR 8.14(3)]. Effective December 2000 (will be re-proposed in 2001). MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) Refer to Chapter 130 and 322 CMR for details. Northern shrimp season for 2000-2001 shortened to 40 days (open January 9 - March 17), and removal of prohibition of Sunday fishing. [CMR 5.00]. Effective December 2000. Recreational minimum size of striped bass decreased from 30" to 28,\ Requirement for dealers to tag striped bass at point of first sale was repealed. High grading of bass was prohibited [CMR 6.07]. Commercial seasonal possession limits for scup and black sea bass [CMR 6.28] were amended consistent with the interstate management plan. Effective December 2000. Decreased landing/possession limit for recreational scup anglers from 50 to 25 fish/angler with limit of 100 fish vessel. Party/charter boat anglers were exempted from bag limit. [CMR 8.06]. Effective December 2000. The five month Upper Cape Cod Bay/Massachusetts Bay commercial groundfish closure amended by extendmg the closure to include the month of January. Commercial harvest of codfish by hook gear was exempted from the closure during January [CMR 8.12] Effective December 2000. The prohibition on non-conforming fishing gear in the Cape Cod Bay Critical Habitat was clarified (emergency regulation in February 2000 and later filed as a permanent regulation). [CMR 4.13(3)(e), 12.02-12.06]. Effective December 2000. Regulation clarified prohibition on non-conforming fixed fishing gear in Cape Cod Bay Critical Habitat [CMR 12.02-12.06]. Effective March 2000. MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) Refer to Chapter 130 and 322 CMR for details. FISHERY: PERMIT REQUIRED: GILLNETTING (Fishing on or near bottom) (1) Commercial Fishermen Boat 99+ feet Coastal or Offshore Lobster_ Boat 60 - 99 feet Boat 59 feet or less Resident _$260 $195 $130 Non Res. $520 $390 $260 Individual or $65 $130 AND (2) Regulated fishery endorsement. $30 $60 AND, if certain species are being taken or landed, (3) Species-specific endorsements for summer flounder (fluke), scup, sea herring, dogfish, black sea bass $30 PERMIT LIMIT: REPORTING REQUIREMENTS: GEAR RESTRICTIONS: Regulated fishery gillnet endorsement limited to renewals only. Catch reports required. Forms supplied by DMF. • Mesh minimum size: 6" (stretched) [CMR 8.1 1(1 1)]. • Net maximum length: 2400 feet [CMR 4. 13(4)]. •Marking [CMR 4.13] East end — high flyer and 12" tetrahedral radar reflector. West end — high flyer, flag, and tetrahedral radar reflector. • Vessel maximum size: 90 feet registered length [CMR 8.05]. AREA/SEASON CLOSURES: LOCATION Mass. Bay adjacent to Boston Harbor $60 DURATION May 1 5 - Nov 1 REGULATION CMR 4.11 East of Cape Cod South of Cape Cod including around Martha's Vineyard & Nantucket North of Cape Cod inside spawning closure line from P'town to N.H. May 1 - May 3 1 April 1 -Nov 15 Feb 1 - May 3 1 CMR 8.12 CMR 4.09 CMR 8.09 Groundfish Closure I: January 1 -April 30 Upper Cape Cod Bay and and Oct 1 - Nov 30 Mass. Bay (South of Marblehead) Groundfish Closure II: Marblehead north to N.H. April 1-May 31 CMR 8.12 CMR 8.12 MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) Refer to Chapter 130 and 322 CMR for details. AREA/SEASON CLOSURES: LOCATION DURATION Cape Cod Bay Critical Habitat January 1- May 15 REGULATION CMR 12.06 Inshore Net Areas (estuaries and harbors, includes Buzzards Bay) Year-round (see "Gillnetting with inshore net endorsement".) CMR 4.02 Fish Weir Buffer Zone Year-round CMR 4.04 SPECIES BANNED TO THIS GEAR: Striped bass [CMR 6.07], shad [CMR 4.12], smelt [Ch.130 sec. 35], tuna [CMR 6.04], all billfish [CMR 6.1 1], lobster (must also have a coastal lobster permit). Other Relevant Restrictions: Federal marine mammal regulations apply to all commercial gillnetters fishing in state waters; be mindful that these federal rules apply as they supercede state fishing regulations. "Pingers" are required in certain seasons and areas to reduce the incidental take of harbor porpoise, and these rules are subject to change. Also federal regulations require certain gillnet gear specifications to reduce the risk of entanglement with large whales. Contact NMFS for details. MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) Refer to Chapter 130 and 322 CMR for details. FISHERY: PERMIT REQUIRED GILLNETTING (Fishing on or near surface) ( 1 ) Commercial Fishermen Resident Non Res. Boat 99+ feet Coastal or Offshore Lobster $260 $520 Boat 60 - 99 feet $195 $390 Boat 59 feet or less $130 $260 or Individual $65 $130 AND (2) Regulated fishery endorsement $30 $60 REPORTING REQUIREMENTS: None. GEAR RESTRICTIONS: • Mesh minimum size: None. • Net maximum length: 2400 feet [CMR 4.13(4)]. •Marking [CMR 4.13] East end — high flyer and 12" tetrahedral radar reflector. West end — high fiver, flag, and tetrahedral radar reflector. • Vessel maximum size: 90 feet registered length [CMR 8.05]. AREA/SEASON CLOSURES: LOCATION DURATION REGULATION North of Cape Cod inside spawning closure line from P'town to N.H. Feb 1 -May 31 CMR 8.09 East of Cape Cod South of Cape Cod including around Martha's Vineyard & Nantucket May 1 - May 3 1 April 1 -Nov 15 Cape Cod Bay Critical Habitat January 1- May 15 Inshore Net Areas (estuaries and harbors includes Buzzards Bay) Fish Weir Buffer Zone Year-round (see "Gillnetting with inshore net permit".) Year-round CMR 8.12 CMR 4.09 CMR 12.06 CMR 4.02 CMR 4.04 SPECIES BANNED TO THIS GEAR: Striped bass [CMR 6.07], shad [CMR 4. 12], smelt [Ch.130 sec. 35], tuna [CMR 6.04], all billfish [CMR 6.11]. SPECIAL RESTRICTIONS: See "Gillnetting for Bluefish" summary. Other Relevant MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) Refer to Chapter 130 and 322 CMR for details. Restrictions: Federal marine mammal regulations apply to all commercial gillnetters fishing in state waters; be mindful that these federal rules apply as they supercede state fishing regulations. "Pingers" are required in certain seasons and areas to reduce the incidental take of harbor porpoise, and these rules are subject to change. Also federal regulations require certain gillnet gear specifications to reduce the risk of entanglement with large whales. Contact NMFS for details MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) Refer to Chapter 130 and 322 CMR for details. 8 FISHERY: PERMIT REQUIRED: GILLNETTING for Bluefish. Defined when catch for any 30 consecutive days is 50% or more bluefish. (1) Commercial Fishermen Boat 99+ feet Coastal or Offshore Lobster, Boat 60 - 99 feet Boat 59 feet or less Resident _$260 $195 $130 Non Res. $520 $390 $260 or Individual $65 $130 AND (2) Regulated fishery endorsement. $30 $60 PERMIT LIMIT: REPORTING REQUIREMENTS: GEAR RESTRICTIONS: AREA/SEASON CLOSURES: Permits to gillnet for bluefish south of a line from the Cape Cod Canal to P'town including all waters south and west of Cape Cod are issued only to those individuals who held a bluefish gillnet Regulated fishery endorsement in 1982 [CMR 4.05]. Catch reports required. Forms supplied by DMF. Commercial fishermen shipping bluefish to out of state dealers are required to become authorized dealers [CMR 4.05(2&4)]. • Mesh minimum size: 5" (stretched) [CMR 4.05(5)]. • Net maximum length: 1500 feet [CMR 4.05(5)]. •Marking [CMR 4. 13] East end -- high flyer and 12" tetrahedral radar reflector. West end — high flyer, flag, and tetrahedral radar reflector. • Vessel maximum size: 90 feet registered length [CMR 8.05]. LOCATION North of Cape Cod inside spawning closure line from P'town to N.H. DURATION Feb 1 -May 31 REGULATION CMR 8.09 Southeastern CCBay East of Cape Cod Year-round May 1 - May 3 1 Cod Spawning Closure I: January 1 -April 30 Upper Cape Cod Bay and and Oct 1 - Nov 30 Mass. Bay (South of Marblehead) Cod Spawning Closure II: Marblehead north to N.H. April 1-May 31 CMR 4.05(10) CMR 8.12 CMR 8.12 CMR 8.12 Mass. Bay adjacent to Boston Harbor May 15 - Nov. 1 CMR 4. 11 Cape Cod Bay Critical Habitat January 1- May 15 CMR 12.06 Inshore Net Areas Year-round CMR 4.02 MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) Refer to Chapter 130 and 322 CMR for details. (estuaries and harbors includes Buzzards Bay) (see "Gillnetting with inshore net permit".) Fish Weir Buffer Zone Year-round CMR 4.04 SPECIAL RESTRICTIONS: • Nets must be tended at all times [CMR 4.05(5)]. • Night fishing is prohibited [CMR 4.05(5)]. (!/2 hour after sunset to lA hour before sunrise) • Daily possession limit and quota set annually [CMR 4.05(3)]. SPECIES BANNED TO THIS GEAR: Striped bass [CMR 6.07], shad [CMR 4.12], smelt [Ch.130 sec. 35], tuna [CMR 6.04], all billfish [CMR 6.1 1]. MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) Refer to Chapter 130 and 322 CMR for details. 10 FISHERY: PERMIT REQUIRED: GILLNETTING for Dogfish. Defined when target catch is dogfish. ( 1 ) Commercial Fishermen Boat 99+ feet Coastal or Offshore Lobster_ Boat 60 - 99 feet Boat 59 feet or less Resident _$260 _$195 $130 or Individual $65 Non Res. $520 $390 $260 $130 AND (2) Regulated fishery endorsement. $30 $60 PERMIT LIMIT: REPORTING REQUIREMENTS: GEAR RESTRICTIONS: Endorsements available only to those gillnetters who have fished 3 of the last 5 years with gillnets in state waters for dogfish [CMR 6.35]. Catch reports required. Forms supplied by DMF. • Mesh minimum size: 6 1/2" (stretched) [CMR 6.35(5)]. • Net maximum length: 300 feet [CMR 6.35]. • Limit to fishing 30 (thirty) 300-foot gillnets at any one time with no string of gillnets exceeding 2,400 feet in total length [CMR 6.35] AREA/SEASON CLOSURES: LOCATION North of Cape Cod inside spawning closure line from P'town to N.H. East of Cape Cod Southeastern CCBay DURATION Feb 1 -May 31 May 1 - May 3 1 Year-round Cod Spawning Closure I: January 1 -April 30 Upper Cape Cod Bay and and Oct 1 - Nov 30 Mass. Bay (South of Marblehead) Cod Spawning Closure II: Marblehead north to N.H. April 1-May 31 REGULATION CMR 8.09 CMR 8.12 CMR 4.05(10) CMR 8.12 CMR 8.12 Mass. Bay adjacent to Boston Harbor May 15 -Nov. 1 Cape Cod Bay Critical Habitat January 1- May 15 Inshore Net Areas (estuaries and harbors includes Buzzards Bay) Year-round (see "Gillnetting with inshore net permit".) Fish Weir Buffer Zone SPECIAL RESTRICTIONS: Year-round Nets must be tended at all times [CMR 6.35]. CMR 4. 11 CMR 12.06 CMR 4.02 CMR 4.04 MASSACHUSETTS DIVISION OF MARINE FISHERIES 1 1 RULES & REGULATIONS SUMMARY (as of January 2001) Refer to Chapter 130 and 322 CMR for details. • Night fishing is prohibited [CMR 6.35]. ('/2 hour after sunset to Vi hour before sunrise) • Daily possession limit of 7000 lbs for state waters (600 lbs for federal waters) and quota set annually. Possession limit is 600 lbs for boats with gillnets having a mesh less than 6 14" or for boats not tending their nets or soaking their nets overnight. • Minimum size of 31" [CMR 6.35]. SPECIES BANNED TO THIS GEAR: Striped bass [CMR 6.07], shad [CMR 4.12], smelt [Ch. 130 sec. 35], tuna [CMR 6.04], billfish [CMR 6.1 1], and regulated groundfish MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) Refer to Chapter 130 and 322 CMR for details. 12 fishery: GILLNETTING, TRAWLING, PURSE SEINING, or HAUL SEINING with inshore net Regulated fishery endorsement. PERMIT REQUIRED: ( 1 ) Commercial Fishermen Boat 99+ feet Coastal or Offshore Lobster_ Boat 60 - 99 feet Boat 59 feet or less Resident _$260 $195 $130 Non Res. $520 $390 $260 or Individual $65 $130 AND (2) Regulated fishery endorsement. $30 $60 Note: No special permit needed to fish with a net less than 200 square feet for baitfish for personal use [CMR 4.02(5)]. REPORTING REQUIREMENTS: GEAR RESTRICTIONS: Varies with fishery. Some yearly catch reports required. • Mesh minimum size: Variable. DMF discretion. • Net size: Variable. DMF discretion. • Gillnet Marking: unless waived by DMF. CMR 4. 1 3 applies: East end — high flyer and 12" tetrahedral radar reflector. West end — high flyer, flag, and tetrahedral radar reflector. • Vessel maximum size: 90 feet registered length [CMR 8.05]. PERMIT LIMITATIONS: Although fishing with nets is generally prohibited in the Inshore Net Areas, permits are occasionally issued to individuals to fish for species other than flounder. The applicant must list - and is limited to - the target species, gear type, and fishing area. See CMR 4.02 for descriptions of inshore net areas. AREA/SEASON CLOSURES: LOCATION All state waters closed to night mobile gear fishing DURATION Year-round REGULATION CMR 8.03 SPECIES BANNED: Any species not listed on permit is banned. Note: winter flounder netting is banned year round in defined inshore net areas that include Mt. Hope Bay and Buzzards Bay [322 CMR 6.23(4)]. MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) Refer to Chapter 130 and 322 CMR for details. 13 FISHERY: PURSE SEINING for SEA HERRING or MENHADEN PERMIT REQUIRED: (1) Commercial Fishermen Boat 99+ feet Coastal or Offshore Lobster_ Boat 60 - 99 feet Boat 59 feet or less Resident Non Res. $260 $520 $195 $390 $130 $260 or Individual $65 $130 AND (2) Regulated fishery endorsement for sea herring REPORTING REQUIREMENTS: No catch reports are presently required. $30 $60 GEAR RESTRICTIONS: The 90' vessel size limit [CMR 8.05] does not apply to vessels fishing in state waters, but vessels >165 feet - 3,000 HP cannot land herring in the Commonwealth [CMR 9.03]. AREA/SEASON CLOSURES: LOCATION All State Waters* closed to sea herring Inshore Net Areas** (estuaries and harbors, and includes Buzzards Bay) Eastern Cape Cod Bay*** (Dennis to Wellfleet) DURATION Aug 1 - Oct 3 1 Year-round Year-round REGULATION CMR 9.02 CMR 4.02 CMR4.01(la) Fish Weir Buffer Zone Year-round CMR 4.04 * During the annual sea herring spawning closure, vessels fishing in other fisheries are allowed a by-catch of 10 % herring by weight. The Sea Herring Management Plan is under review by NMFS and ASMFC: seasonal no-fishing days may apply - see CMR 9.02(3); contact DMF for details. **Inshore Net Regulated fishery endorsement required to gain access to these areas year-round. *** Regulated fishery endorsement may be issued to fish in this area. Vessels seeking to fish in a restricted area from Rock Harbor, Orleans to Jeremy Point, Wellfleet are further restricted. See CMR 4.01(2). SPECIES BANNED TO THIS GEAR: Striped bass [CMR 6.07] and shad [CMR 4. 1 2], smelt [Ch. 1 30 sec. 35], tuna [CMR 6.04], all billfish [CMR 6.11]. MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) Refer to Chapter 130 and 322 CMR for details. 14 FISHERY: PERMIT REQUIRED: MOBILE GEAR: Otter and Beam Trawls, Scallop Dredges, Bottom Pair Trawls, Scottish/Danish Seines and Pair Seines. (With NO Regulated fishery endorsements for small mesh fishing, north shore mobile gear, or inshore net. See separate sheets for other permits.) (1) Commercial Fishermen Boat 99+ feet Coastal or Offshore Lobster_ Boat 60 - 99 feet Boat 59 feet or less Resident _$260 $195 $130 Non Res. $520 $390 $260 or Individual $65 $130 AND (2) Mobile Gear Coastal Access Endorsement, $30 $60 AND, if certain species are being taken or landed, (3) Species-specific endorsements for summer flounder (fluke), scup, sea herring dogfish, sea bass $30 $60 PERMIT LIMIT: • Coastal Access Permits limited to those who held permit in 1994 [CMR 7.05(13)]. • Coastal Access Permits are transferable [CMR 7.06 & 7.05(1)] REPORTING REQUIREMENTS: GEAR RESTRICTIONS: No catch reports required. Mesh minimum size [CMR 8.07] (See chart for boundaries): • north & east of Cape Cod - 6" diamond or 6V2" square required year-round. • south of Cape Cod - 6" diamond or 6V2" square required Nov. 1 - April 22. - 414" required June 1 - Oct. 3 1 . Note: 100 lb limit on combined flounder(s) when fishing south of Cape Cod with mesh less than 6" in possession [CMR 8.07(1 g)]. Vessel maximum size: Net rollers: Scallop dredge: Net strenctheners: 72 feet length overall except as noted in [CMR 7.05 (13)]. 12" maximum diameter [CMR 8.04]. - Combined maximum 10-foot width in possession [CMR 4. 10(1)]. - 3 Vi" minimum ring size [CMR 4.10(3)]. Alterations which obstruct or diminish meshes prohibited, including the use of "twisted mesh" [CMR 8.07(8)]. AREA/SEASON CLOSURES: LOCATION All state waters closed to night fishing East of Cape Cod Groundfish Closure I: Upper Cape Cod Bay and Mass. Bay (South of Marblehead) DURATION Year-round May 1 - May 3 1 January 1 -April 30 and Oct 1 - Nov 30 REGULATION CMR 8.03 CMR 8.12 CMR 8.12 MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) Refer to Chapter 130 and 322 CMR for details. 15 CLOSURES (continued): Location Groundfish Closure II: Marblehead north to N.H. Inshore Net Areas (estuaries and harbors, includes Buzzards & Mt Hope Bays) Duration April 1-May 31 Year-round (See "Trawling with Inshore Net Permit") Regulation CMR 8.12 CMR 4.02 SPECIES BANNED TO THIS GEAR: Nantucket Sound (1A) (Off Nantucket Island) Nantucket Island (IB) (Great Pt. to Nant. Harbor) Cape Cod backside (2A): from Nauset Light around Monomoy to Succonnessett Pt., Mashpee Succonnessett Pt., Mashpee to Nobska Pt., Falmouth (1/4 mile) Succonnessett Pt., Mashpee to Nobska Pt., Falmouth (!/2 mile) Nobska Pt., Falmouth to Cuttyhunk (1/4 mile) North of Cape Cod inside spawning closure line from P'town to N.H. Area 2B from Provincetown to Plymouth Area 3 from Plymouth to Hull Area 4 off outer Boston Harbor North Shore state waters (Broad Sound to New Hampshire) except for Areas 5 & 6 where Regulated fishery endorsement is required. Fish Weir Buffer Zone April 1 - April 30 April 1 - April 30 & June 1 - Sept 1 5 May 1 - Oct 3 1 April 23 - May 3 June 1 -Oct 31 May 1 - Oct 3 1 Feb 1 -May 31 May 1 -Oct 31 April 1 -Oct 31 April 1 - Dec 3 1 Year-round Year-round CMR 3.04(7) CMR 3.04(8) CMR 3.04(6) CMR3.04(10a) CMR 3.04(1 0b) CMR 3.04(11) CMR 8.09 CMR 3.04(5) CMR 3.04(4) CMR 3.04(3) CMR 3.04(2) CMR 4.04 • Lobster: [Ch. 130 sec. 37]. Note CMR 4.06(7) which restricts mobile gear fishermen seen fishing in state waters to only 100 lobsters (taken from federal waters) in possession. ■ Striped bass [CMR 6.07], shad [CMR 4.12], smelt [Ch.130 sec. 35], tuna [CMR 6.04], billfish [CMR 6.11]. MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) Refer to Chapter 130 and 322 CMR for details. 16 fishery: MOBILE GEAR: Otter and Beam Trawls, Bottom Pair Trawls, Scottish/Danish Seines and Pair Seines. With Regulated fishery endorsements for the following: (A) North Shore Mobile Gear: access to Areas 5 & 6 (B) Small-mesh fishing for pout, whiting, dogfish (C) Small-mesh fishing for squid Permits required for each; Coastal Access Permit may be endorsed for North Shore Mobile Gear access or for the use of small mesh for pout, whiting, dogfish, or squid. PERMIT REQUIRED: (1) Commercial Fishermen Boat 99 feet Coastal or Offshore Lobster_ Boat 60 - 99 feet Boat 59 feet or less Resident _$260 $195 $130 Non Res. $520 $390 $260 or Individual $65 $130 AND (2) Coastal Access Permit endorsement. $30 $60 (CAP can be endorsed for one of the regulated fisheries at no charge, and each additional endorsement costs an additional $30/$60.) AND, if certain species are being taken or landed, (3) Species-specific endorsements for summer flounder (fluke), scup, sea herring, sea bass, dogfish $30 $60 (A) North Shore Mobile Gear Endorsement: PERMIT RESTRICTIONS: • Coastal Access Permits limited to those who held permit in 1994 [CMR 7.05(13)]. AREA/SEASON CLOSURES: LOCATION All state waters closed to night fishing. DURATION Year-round REGULATION CMR 8.03 When permitted to fish in areas 5 & 6 the following closures apply: Area 5 off Rockport April 1 - June 14 Oct 1 -Jan 31 CMR3.04(2b) Area 6 from Rockport to New Hampshire REPORTING REQUIREMENTS: Annual reports of monthly catch required April 1-Dec 14 CMR3.04(2a) MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) Refer to Chapter 130 and 322 CMR for details. 17 Mobile gear fishing continued. GEAR RESTRICTIONS: SPECIES BANNED TO THIS GEAR: Mesh minimum size: 6" diamond or 6V4" square unless use of smaller mesh is permitted. See (B) Small mesh permits. Trawl sweep (footrope) maximum length: 80 feet [CMR 3.04(2c)]. Vessel maximum size: 72 feet length overall except as noted in [CMR 7.05 (13)]. No rollers: Only chain, wire or disk sweeps allowed [CMR 3.04(2c)]. • Possession of lobsters is prohibited [CMR 3.04(2c)]. (B) Small-Mesh Endorsement for Whiting: PERMIT RESTRICTIONS: • Whiting permit valid during Sep 1 - Nov 20 in upper Cape Cod Bay Whiting Area [CMR 8.14] and only September 1 - 30, in Area 5 off Cape Ann. AREA/SEASON CLOSURES: • Fishing for whiting in Cape Cod Bay is allowed only in the approved portion of Cape Cod Bay and during Sept 1 - Nov 20. REPORTING REQUIREMENTS: GEAR RESTRICTIONS: SPECIES BANNED cod, TO THIS GEAR: Catch reports may be required. Contact DMF for details. Upper Cape Cod Whiting Area: Mesh Minimum Size: 2 1/2" Vessel Maximum Size: 72 feet length overall except as noted in [CMR 7.05 (13)]. Groundgear: Raised footrope trawl required [CMR 8.14(2)]. No retention of any of the 10 federally regulated groundfish species (types of flounders, haddock, or pollack) unless authorized by Director [CMR 8.07]. MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) Refer to Chapter 130 and 322 CMR for details. 18 (c) Small-Mesh Permits for Squid: PERMIT RESTRICTIONS: REPORTING REQUIREMENTS: GEAR RESTRICTIONS: AREA/SEASON CLOSURES: •Permit only valid April 23 - May 31 [CMR 8.08(7)]. Director may extend to June 15 [CMR 8.07(le)]. •Fishery limited to waters south of Cape Cod [CMR 8.07]. •Possession limit of 100 lbs. combined of winter flounder, summer flounder, yellowtail flounder, or windowpane flounder [CMR 8.07(lg)]. None. Mesh Minimum Size: Vessel Maximum Size: Net Rollers: LOCATION All state waters closed to night fishing May be established as permit condition. 72 feet length overall [CMR 7.05 (13)]. 12" diameter [CMR 8.04]. DURATION Year-round Inshore Net Areas Year-round (estuaries and harbors, includes (See "Trawling with Buzzards Bay and Mt. Hope Bay) Inshore Net Permit") Nantucket Sound (1A) (Off Nantucket Island) Nantucket Island (IB) (Great Pt. to Nant. Harbor) April 1 - April 30 April 1 - April 30 & June 1 - Sept 1 5 Cape Cod backside (2A): May 1- Oct 31 from Nauset Light around Monomoy to Succonnessett Pt., Mashpee Succonnessett Pt., Mashpee to Nobska Pt., Falmouth (1/4 mile) Succonnessett Pt.. Mashpee to Nobska Pt., Falmouth (Vj mile) Nobska Pt.. Falmouth to Cuttyhunk ( 1 4 mile) April 23 -May 31 June 1 -Oct 31 May 1 -Oct 31 REGULATION CMR 8.03 CMR 4.02 CMR 3.04(7) CMR 3.04(8) CMR 3.04(6) CMR3.04(10a) CMR3.04(10b) CMR 3.04(11) Fish Weir Buffer Zone Year-round CMR 4.04 MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) Refer to Chapter 130 and 322 CMR for details. 19 fishery: NORTHERN SHRIMP: Small-mesh Fishing in Federal Waters PERMIT REQUIRED: (1) Commercial Fishermen Boat 99+ feet Coastal or Offshore Lobster_ Boat 60 - 99 feet Boat 59 feet or less Resident .$260 .$195 $130 Non Res. $520 $390 $260 or Individual $65 $130 AND (2) Northern Shrimp Regulated fishery endorsement. $30 $60 AREA/SEASON CLOSURES: LOCATION ■All state waters closed to shrimp fishing. DURATION Year-round REGULATION CMR 8.07 GEAR RESTRICTIONS: For 2001 : No fishing for or landing of shrimp on any Sunday. The following are the open fishing dates for the 2001 season: January 9 - March 17 and April 16-30. •Codend Mesh Minimum Size: 1 3/4" [322 CMR 5.05(1)]. Nordmore grate (single or double) or other approved finfish excluder device required [CMR 5.05(5,7) & 5.06(4)]. Maximum distance between trawl doors and trawl wings, including ground cables, bridles, etc. shall not exceed 15 fathoms. Bottom legs bare wire or chain [CMR 5.05(6)]. •Chafing gear and cod-end net strengtheners now allowed. Other restrictions may apply. Shrimp regulations are amended by the states of Maine, New Hampshire, and Massachusetts each fall for this winter/spring fishery. Contact DMFfor details. SPECIES BANNED TO THIS GEAR: No landing of any of the 10 regulated groundfish species bycatch. See regulation for list of species [CMR 5.06(7) & 5.02]. Striped bass [CMR 6.07], shad [CMR 4.12], smelt [Ch. 130 sec. 35] tuna [CMR 6.04], all billfish [CMR 6.11]. MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) Refer to Chapter 130 and 322 CMR for details. 20 FISHERY: SURF CLAM DREDGING PERMIT REQUIRED: ( 1 ) Commercial Fishermen Boat 99 feet Coastal or Offshore Lobster_ Boat 60 - 99 feet Boat 59 feet or less Resident $260 $195 $130 Non Res. $520 $390 $260 or Individual $65 AND (2) Regulated fishery endorsement $30 $130 $60 PERMIT LIMIT: Surf clam Regulated fishery endorsement limited to those who held a permit and can document landings from state waters prior to 2/4/93 [CMR 6.08(3)(d)]. ■Surf clam Resulated fishery endorsement is transferable. REPORTING REQUIREMENTS: All commercial surf clam fishermen are required to provide the Director with a monthly record of the areas fished, ports landed, and a daily record of surf clams harvested [CMR 6.08(5)(a)]. Forms supplied by DMF. GEAR RESTRICTIONS: AREA/SEASON CLOSURES: Hydraulic dredge limited to 100 inch effective fishing width south of Chatham then south and west within state waters to the MA/RI border [CMR 6.08(3)(b)]. ■ Hydraulic dredge limited to 48 inch effective fishing width in all waters not included above [CMR 6.08(3)(b)]. • Limited to operation of one dredge. [CMR 6.08(3)(b)2] • Vessel maximum size: 90 feet registered length [CMR 8.05]. All state waters closed to night fishing year-round [CMR 8.03]. Many closures apply [CMR 6.08(2)and(6)]. Contact DMF. • November 1 - April 30 no dredging of surf clams shoreward of the 12-foot depth contour from Point Allerton, Hull to the RI border [CMR 6.08(2a)]. • May 1 - October 3 1 no dredging of surf clams shoreward of the 20-foot depth contour from Point Allerton, Hull to the RI border [CMR 6.08(2b)]. SPECIES BANNED TO THIS GEAR: LIMITS: Bay Scallops, and quahogs (M. mercenaria) unless licensed by town where fishing for those species [CMR 6.08(5)(c)]. • Surf clam minimum size limit 5" shell diameter [CMR 6.08(3)(c)]. • Limit of 200 bushels per 24-hour da\ [CMR 6.08(3)(a)]. • Limit of 400 bushels per 48-hour trip when fishing in state uaters[CMR 6.08(3)(a)]. MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) Refer to Chapter 130 and 322 CMR for details. 21 FISHERY: PERMIT REQUIRED: SURF CLAM DREDGING IN CONTAMINATED AREAS (Harvest for bait purposes from Prohibited areas) (1) Commercial Fishermen Boat 99+ feet Coastal or Offshore Lobster Boat 60 - 99 feet Boat 59 feet or less Resident _$260 $195 $130 Non Res. $520 $390 $260 or Individual AND (2) Regulated fishery endorsement $65 $30 $130 $60 PERMIT RESTRICTIONS: REPORTING REQUIREMENTS: GEAR RESTRICTIONS: AREA/SEASON CLOSURES: SPECIES BANNED TO THIS GEAR: LIMITS: • Fisherman may not hold a Shellfish Transaction Card [CMR 6.08(9)(I)]. • Catch must be landed and distributed according to permit restrictions [CMR 6.08(7)(e)]. • All shellfish must be landed at a location to be named on the permit [CMR 6.08(7)(e)]. All commercial contaminated surf clam fishermen are required to provide the Director with a monthly record of the areas fished, ports landed, and a daily record of surf clams harvested by bushel [CMR 6.08(5)(a)&(7)(g)]. Forms supplied by DMF. •In addition a daily record of sales must be kept[CMR 6.08(7)(g)]. All bags and containers must be labeled at sea with red tags stating: "CONTAMINATED SHELLFISH - FOR BAIT PURPOSES ONLY" [CMR 6.08(7)(b)]". • Hydraulic dredge limited to 16-inch effective fishing width. [CMR 6.08(3)(b)(3)] • Limited to operation of one dredge. [CMR 6.08(3)(b)2] • Vessel maximum size: 90 feet registered length [CMR 8.05]. ■ Pump limited to 300 GPM at a 10-ft. head All state waters closed to night fishing year-round [CMR 8.03, 6.08(7)(d)]. •Fishing allowed only in areas specifically endorsed on permit [CMR(6.08(7)(a)]. •No fishing in areas classified as approved [CMR 6.08(7)(a)]. All other shellfish species. • Sea clam minimum size limit 5" shell diameter [CMR 6.08(3)(b)]. • 50-bushel/day limit on shell stock or 100 gallons shucked per 24-hour day [CMR 6.08(7)(f)]. MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) Refer to Chapter 130 and 322 CMR for details. 22 FISHERY: OCEAN QUAHOG DREDGING PERMIT REQUIRED: (1) Commercial Fishermen Boat 99+ feet Coastal or Offshore Lobster_ Boat 60 - 99 feet Boat 59 feet or less Resident _$260 _$195 $130 Non Res. $520 $390 $260 or Individual AND (2) Regulated fishery endorsement $65 $30 $130 $60 PERMIT LIMIT: • Ocean quahog Regulated fishery endorsement limited to those who held a permit and can document landings from state waters prior to 6/3/93 or meet the requirements to fish for surf clams [CMR 6.08(4)(c)]. • Ocean quahog Regulated fishery endorsement is transferable. REPORTING REQUIREMENTS: All commercial ocean quahog fishermen are required to provide the Director with a monthly record of the areas fished, times fished, and a daily record of harvest by bushel [CMR 6.08(5)(a)]. Forms supplied by DMF. GEAR RESTRICTIONS: • Hydraulic dredge limited to 100 inches effective fishing width. [CMR 6.08(4)(b)(l)] • Limited to operation of one dredge. [CMR 6.08(4)(b)2] • Vessel maximum size: 90 feet registered length [CMR 8.05]. AREA/SEASON CLOSURES: SPECIES BANNED TO THIS GEAR: All state waters closed to night fishing year-round [CMR 8.03]. Many closures apply [CMR 6.08(6)]. Contact DMF. Bay Scallops, and quahogs (M. mercenaria) unless licensed by town where fishing for those species [CMR 6.08(5)(c)]. • Any vessel rigged for ocean quahogs may not possess surf clams [CMR 6.08(4)(b)3]. LIMITS: • Limit of 26 cages (832 bushels) per 24 hour day [CMR 6.08(4)(a)]. MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) Refer to Chapter 130 and 322 CMR for details. 23 fishery: HOOK AND LINE (includes Rod and Reel) PERMIT REQUIRED: (1) Commercial Fishermen Boat 99 feet Coastal or Offshore Lobster_ Boat 60 - 99 feet Boat 59 feet or less Resident $260 $195 $130 Non Res. $520 $390 $260 or Individual $65 $130 or Rod & Reel $35 $100 AND, if certain species are being taken or landed, (2) Species-specific endorsements for summer flounder, striped bass, scup, sea herring, Dogfish, sea bass, American eel $30/each REPORTING REQUIREMENTS: American eel and striped bass reporting requirements, contact DMF. GEAR RESTRICTIONS: Hook size is restricted when longlining for cod inside the winter flounder spawning closure area from Feb 1 - May 31. Hooks must exceed 1 1/16" gape or circle hooks must measure at least V2" inside [CMR 8.09]. Rod & Reel permit holders may not use handlines or longlines. Maximum vessel size: 90 feet [CMR 8.05]. AREA/SEASON CLOSURES: LOCATION Groundfish Closure I: Upper Cape Cod Bay and Mass. Bay (South of Marblehead) Groundfish Closure II: Marblehead north to N.H. DURATION February 1 -April 30 and Oct 1 - Nov 30 April 1-May 31 REGULATION CMR 8.12 CMR 8.12 Fish Weir Buffer Zone Year-round CMR 4.04 SPECIAL RESTRICTIONS: Note: Winter flounder nearshore spawning closure from P'town to N.H. (Feb. - May 31) is open for hooking of cod only (with gear restrictions as above) [CMR 8.09], and when area is opened to the harvest of cod as noted above [CMR 8.12]. Winter Flounder: Commercial take prohibited from February 1 - May 3 1 in inshore waters where netting is restricted. These areas include bays and estuaries from Provincetown, along the "backside"of Cape Cod, Buzzards Bay and west to Mount Hope Bay [CMR 6.23(3)]. Mount Hope Bay is closed year-round [CMR 6.23]. MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) 24 Refer to Chapter 130 and 322 CMR for details. fishery: FISH WEIRS (also known as Fish Traps or Pound Nets) PERMIT REQUIRED: (1) Commercial Fishermen Boat (Coastal or Offshore Lobster), (60-99 feet) (59 feet or less)_ Resident _$260 $195 $130 Non Res. $520 $390 $260 or Individual $65 $130 AND 2) Local town approval [Ch. 130 sec 29] AND, if certain species are being taken or landed, (3) Species-specific endorsements for summer flounder (fluke), scup, sea herring... $30/each REPORTING REQUIREMENTS: Annual catch reports (Ch. 130 sec 33). PERMIT RESTRICTIONS: GEAR RESTRICTIONS: AREA/SEASON CLOSURES: In the following order, one must have approval from: 1) Local selectmen regarding the construction and location. 2) Division of Marine Fisheries [Ch. 130 sec. 29]. 3) Division of Waterways. • Inshore and offshore ends must be marked with DMF permit numbers signs or flags; numbers must be at least 6" in height [Ch.130 sec. 30]. ■ Division of Waterways regulates the marking of traps for navigational criteria. • To designate the "fish trap buffer zone", weir heads and leader must be marked with 12" orange inflated balls attached to anchor lines and marked with DMF assigned number. See CMR 4.04(3) for more details. LOCATION NONE DURATION NONE REGULATION NONE SPECIES BANNED TO THIS GEAR: Lobster [Ch. 130 sec.37]; Striped bass [CMR 6.07], shad [CMR 4.12], smelt [Ch.130 sec. 35]. MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) Refer to Chapter 130 and 322 CMR for details. 25 fishery: LOBSTERING commercially with POTS in state waters. Not including lobstering with a student permit. See other appropriate summaries for details. PERMIT REQUIRED: (1) Resident Non. Resident Coastal Lobster $260 $520 AND, if certain species are being taken or landed, (2) Species-specific endorsements for black sea bass, scup, etc. .$30 $60 PERMIT LIMIT: No new permits are being issued to lobster commercially in state waters. Existing permits are renewable and permit transfers are limited [CMR 7.03]. PERMIT RESTRICTIONS: • Beginning in 1999, fishermen must choose which management area(s) they intend to fish and abide by the most restrictive rules for those area(s). As of January 2001, the only area specific restriction is a 5" maximum lobster size for fishermen fishing in or choosing Inshore Gulf of Maine (Area 1) [CMR 6.31] • Trap hauling at night prohibited [Ch. 130 sec. 39]. Annual catch reports [Ch.130 sec.38B]. REPORTING REQUIREMENTS: GEAR RESTRICTIONS: • Pot limit of 800 [CMR 6. 13(2)]. • Year-specific trap tags required on all traps [CMR 6.31] • Escape vent required in trap's parlor section must measure at least 1 15/16" x 5 3/4" or two circular vents must be at least 2-7/16" diameter [CMR 6.02(1)]. • Degradable 'ghost' panels required [CMR 6.02(2)]. • All traps, buoys and lobster cars must bear fisherman's license number [Ch. 130 sec. 38 and CMR 3.07(1)]. • Fisherman's buoy colors must be displayed on vessel[Ch.l30 sec.38A]. •Marking [CMR 4. 13(3)]: Pots require a single 7"x 7" or 5" x 11" buoy; stick is optional. Trawls :East_end - double buoy and one or more 3' sticks. West end - single buoy with 3' stick and flag. Note Boston Harbor exemption. • Trawl maximum length: 2000 feet [CMR 4.13(5)]. • Vessel maximum size: 90 feet registered length [CMR 8.05]. • Use of multiple pot strings (trawls) is prohibited in the waters of Gosnold [Ch. 130 sec. 37]. • Use of buoyed lobster cars is prohibited except in "inshore net areas" [CMR 6.14(2)]. • Use of floating line at the surface prohibited [CMR 12.03]. Special Cape Cod Bay Critical Habitat Gear Restrictions, Jan 1- May 15: ■ Breakaway buoy line required [CMR 12.05] • Lines between traps must be sinking [CMR 12.05] • Single pots prohibited, must be at least 4-pot trawls with two buoy lines or two-pot "doubles" with just one buoy line [CMR 12.05]. MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) 26 Refer to Chapter 130 and 322 CMR for details. ■ Buoys must be marked with "twin orange markers" [CMR 12.05 & 4.13(d)] • Unlawful to mark fixed gear as required in CMR 4.13(3)(d) if pots are not properly rigged with features required in CMR 12.05. AREA/SEASON CLOSURES: LOCATION DURATION Fish Weir Buffer Zone Year-round REGULATION CMR 4.04 Upper New Bedford Hbr Year-round CMR 6.29 Upper Cape Cod Bay Whitine Area October 1 -November 20 CMR8.14(l)(c) Note: No landing of lobster Feb 1 6.25]. April 30 from 8:00 PM through 6:00 AM [CMR SPECIES BANNED TO THIS GEAR: Edible crabs from Jan 1 - April 30 [Ch. 130 sec.40]; Egg-bearing lobsters [Ch.130 sec.41A]; V-notched female lobsters[CMR 6.02(3)]; Lobsters larger than 5" carapace length for fishermen who've chosen Area 1 as one of their fishing areas [322 CMR 6.01]. The catch of finfish and conch must not exceed the catch of lobster by weight, else a regulated fish pot fishery permit is required [CMR 6.12(2)]. MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) Refer to Chapter 130 and 322 CMR for details. 27 fishery: LOBSTERING commercially with POTS - using STUDENT lobster permit PERMIT REQUIRED: ( 1 )Srudent Lobster Resident $65 Non. Res. $130 REPORTING REQUIREMENTS: PERMIT LIMIT: PERMIT RESTRICTIONS: GEAR RESTRICTIONS: Annual catch reports [Ch.130 sec.38B]. Permits are granted only to full-time students over the age of 12, but are not limited. Beginning in 1999, fishermen must choose which management area(s) they intend to fish and abide by the most restrictive rules for those area(s). As of January 2001, the only area specific restriction is a 5" maximum lobster size for fishermen fishing in or choosing Inshore Gulf of Maine (Area 1) [322 CMR 6.01] ■ Trap hauling at night prohibited [Ch. 130 sec. 39]. • Fishing only allowed from June 15 - Sept. 15 [Ch. 130 sec. 38] • No more than 25 pots may be set [Ch. 130 sec. 38]. • Night fishing is prohibited [Ch. 130 sec. 39]. • Permit holder not allowed to tend traps authorized under recreational permit (e.g. another family member's traps). • Year specific trap tag with permit number must be attached to trap's cross member. • Escape vent required in trap's parlor section must measure at least 1 15/16" x 5 3/4"" or two circular vents must be at least 2-7/16" diameter [CMR 6.02(1)]. • Degradable 'ghost' panels required [CMR 6.02(2)]. • All traps, buoys and lobster cars must bear fisherman's license number [Ch. 130 sec. 38 and CMR 3.07(1)]. • Fisherman's buoy color scheme must be displayed on vessel [Ch.130 sec.38A]. • Marking [CMR 4.13(3)]: Pots require a single 7"x 7" or 5" x 1 1 " buoy; stick is optional. Trawls: East end - double buoy and one or more 3' sticks. West end - single buoy with 3' stick and flag. Note Boston Harbor exemption. Trawl maximum length: 2000 feet [CMR 4.13(5)]. Vessel maximum size: 90 feet registered length [CMR 8.05]. Use of trawls is prohibited in the waters of Gosnold [Ch. 130 sec. 37]. Use of buoyed lobster cars is prohibited except in "inshore net areas" [CMR 6. 14(2)]. Use of floating line at the surface prohibited [CMR 12.03]. AREA/SEASON CLOSURES: LOCATION All state waters New Bedford Hbr Fish Weir Buffer Zone DURATION Sept 16 - June 14 Year-round Year-round REGULATION Ch.130, sec.38 CMR 6.29 CMR 4.04 SPECIES BANNED TO THIS GEAR: Egg-bearing lobsters [Ch.130 sec.41A]; V-notched female lobsters [CMR 6.02(3)]; Lobsters larger than 5" carapace length for fishermen who've chosen Area 1 as one of their fishing areas. MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) 28 Refer to Chapter 130 and 322 CMR for details. fishery: LOBSTERING commercially with SCUBA in state waters. LICENSE REQUIRED: Resident Non-resident Coastal Lobster $260 $520 PERMIT LIMIT: No new permits are being issued to lobster commercially in state waters. Existing permits are renewable and permit transfers are limited [CMR 7.03]. PERMIT RESTRICTIONS: Night fishing for lobsters is prohibited [Ch. 130 sec. 39]. REPORTING REQUIREMENTS: Fishermen must submit annual catch reports [Ch. 130 sec. 3 8b]. GEAR RESTRICTIONS: Scuba tank and floating marker must display permit numbers. Permit numbers shall be not less than 3 inches in height nor less than lA inch in thickness or width of line [Ch. 130 sec. 38A and CMR 3.07(2)]. AREA/SEASON CLOSURES: LOCATION Fish Weir Buffer Zone New Bedford Hbr DURATION Year-round Year-round REGULATION CMR 4.04 CMR 6.29 Note: No landing of lobster Feb 1 - April 30 from 8:00 PM through 6:00 AM [CMR 6.25]. SPECIES BANNED: Edible crabs from Jan 1 - April 30 [Ch. 130 sec.40]; Egg-bearing lobsters [Ch.130 sec.41A]; V-notched female lobsters [CMR 6.02(3)]; Lobsters larger than 5" carapace length for fishermen who've chosen Area 1 as one of their fishing areas [322 CMR 6.01]. MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) Refer to Chapter 130 and 322 CMR for details. 29 fishery: LOBSTERING recreationally with POTS or SCUBA using the Non-Commercial Lobster Permit. PERMIT REQUIRED: REPORTING REQUIREMENTS: Non-Commercial Lobster Resident $40 Non. Res. $60 • Annual Catch Report: number of pots set or hours diving and number of lobsters taken must be reported. GEAR RESTRICTIONS: PERMIT RESTRICTIONS: • Sale of lobsters and crabs prohibited (Ch. 1 30 sec. 38). • No more than 10 pots may be set (Ch. 130 sec. 38). Trap hauling at night prohibited [Ch. 130 sec. 39]. Non-residents must own $5,000 in Mass. real estate and temporarily reside in a Mass. coastal town [Ch. 130 sec. 38]. Non-residents may only use the permit during June through September. Escape vent required in trap's parlor section must measure at least 1 15/16" x 5 3/4"" or two circular vents must be at least 2-7/16" diameter [CMR 6.02(1)]. Degradable 'ghost' panels required [CMR 6.02(2)]. All traps, buoys and lobster cars must bear the letter "N" followed by the fisherman's license number [Ch. 130 sec.38 and CMR 3.07(1)]. Fisherman's buoy color scheme must be displayed on vessel [Ch.130 sec.38A]. Marking [CMR 4.13(3)]: Pots require a single 7"x 7" or 5" x 11" buoy; stick is optional. Trawls: East end - double buoy and one or more 3' sticks. West end - single buoy with 3' stick and flag. Note Boston Harbor exemption. Trawl maximum length: 2000 feet [CMR 4.13(5)]. Vessel maximum size: 90 feet registered length [CMR 8.05]. Use of trawls is prohibited in the waters of Gosnold [Ch. 130 sec. 37]. Use of buoyed lobster cars is prohibited except in "inshore net areas" [CMR 6.14(2)]. Use of floating line at the surface prohibited [CMR 12.03]. Special Restrictions to reduce whale entanglement risk: Fishermen must comply with at least one feature from the Lobster Technology List below. Those fishing in Cape Cod Bay Critical Habitat during May 16-Dec 31 must comply with at least two features. Those who fish in Critical Habitat during the right whale season (January - May 15) are subjected to tighter restrictions. See below. Lobster Technology List [322 CMR 12.041: ■ All buoy lines are 7/16" diameter or less; • All buoy lines attached to the buoy with a weak link of 1 100 lbs. breaking strength; • All buoy lines composed entirely of sinking line; ■ Ground lines (between traps in a trawl) made of sinking lines. Special Cape Cod Bay Critical Habitat Gear Restrictions, Jan 1- May 15: Breakaway buoy line required [CMR 12.05] • Lines between traps must be sinking [CMR 12.05] • Single pots prohibited, must be at least 4-pot trawls with two buoy lines or two-pot "doubles" with just one buoy line [CMR 12.05]. • Buoys must be marked with "twin orange markers" [CMR 12.05 & 4.13(d)] MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) 30 Refer to Chapter 130 and 322 CMR for details. AREA/SEASON CLOSURES: LOCATION Fish Weir Buffer Zone New Bedford Harbor DURATION Year-round Year-round REGULATION CMR 4.04 CMR 6.29 SPECIES BANNED TO THIS GEAR: Edible crabs from Jan 1 - April 30 [Ch. 130 sec. 40]; Egg-bearing lobsters [Ch.130 sec.41 A]; V-notched female lobsters [CMR 6.02(3)]; Lobsters larger than 5" carapace length unless permit is restricted to use only in waters outside of Lobster Management Area 1 [322 CMR 6.01]. MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) Refer to Chapter 130 and 322 CMR for details. 31 FISHERY: PERMIT REQUIRED: POTTING for SEA BASS ( 1 ) Commercial Fishermen Boat 99+ feet Coastal or Offshore Lobster_ Boat 60 - 99 feet Boat 59 feet or less or Individual AND (2) Regulated fishery endorsement. Resident AND, if certain other species are being taken or landed, (3) Species-specific endorsements for summer flounder (fluke), scup, $30 Non Res. $260 $520 $195 $390 $130 $260 $65 $130 $30 $60 $60 PERMIT LIMIT: PERMIT RESTRICTIONS: 6.15(5a)]. REPORTING REQUIREMENTS: GEAR RESTRICTIONS SPECIES BANNED TO THIS GEAR: Permits are limited to those fishermen who held a 1987 black sea bass Regulated fishery endorsement and reported activity in this fishery within 1988 - 1993 [CMR 6.12(3)]. Permits are transferrable. Fishermen who possess the Coastal Lobster permit may take finfish in their traps as long as the weight offish and conch does not exceed the weight of lobster [CMR 6.12(2)]. Night fishing (V2 hour after sunset to XA hour before sunrise) is prohibited [CMR Annual catch reports. •Year specific trap tag with permit number must be attached to trap's cross member. • Pot Limit of 200 combined sea bass and scup, or 350 if two permit holders fish from the same vessel [CMR 6.15(2g)]. • All buoys and pots must bear fisherman's permit number [CMR 6.12(4a)]. • Use of floating line at the surface prohibited [CMR 12.03]. •Marking [CMR 4.13(3)]: Pots require a single buoy (7"x 7"or 5"x 1 1 "); stick optional with no flag. Trawls :East_end - double buoy and one or more 3' sticks. West end - single buoy with 3' stick and flag. • All fish pots require accepted ghost panel [CMR 6.12(9)]. ■ Escape vent required in trap's parlor section must measure at least 1 1/8" x 5 3/4"" or a circular vent at least 2" diameter [CMR 6.12(10)] • Trawl maximum length: 2000 feet [CMR 4.13(5)]. • Vessel maximum size: 90 feet registered length [CMR 8.05]. • Use of trawls is prohibited in the waters of Gosnold [Ch. 130 sec. 37]. • All vessels must display buoy color scheme [CMR 6. 12(4)]. Edible crabs from January 1- April 30 [Ch. 130 sec. 40]; Lobster (one needs a commercial lobster permit to take lobster). MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001) Refer to Chapter 130 and 322 CMR for details. 32 fishery: POTTING for Conch, Scup, or other species (excluding SEA BASS) PERMIT REQUIRED: (1) Commercial Fishermen Boat 99+ feet Coastal or Offshore Lobster_ Boat 60 - 99 feet Boat 59 feet or less Resident Non Res. $260 $520 $195 $390 $130 $260 or Individual Shellfish (conch only)_ AND (2) Regulated fishery endorsement .$65 .$40 $30 $130 $80 $60 PERMIT LIMIT: PERMIT RESTRICTIONS: REPORTING REQUIREMENTS: GEAR RESTRICTIONS: Permits are limited to those fishermen who held a Regulated fishery endorsement for scup and/or for conch prior to August 17, 1990 and are transferable [CMR 6.12(3)]. Conch pot fishery closed from Dec. 15 - April 14 [CMR 6.12(6)]. All conchs must be landed whole in the shell [CMR 6.21] Pot fishermen must submit catch reports annually. • Year specific trap tag with permit number must be attached to trap's cross member. • Trap limit for conch potters, 200 pots; for scup potters 50 pots [CMR 6. 1 5(2)]. • Conch pots defined as lacking side heads or horizontal laths [CMR 6.12(1)]. • All pots and buoys must bear fisherman's permit number [CMR 6.12(4)]. •Marking [CMR 4.13(3)]: Pots require a single buoy (7"x 7" or 5" x 1 1"); stick optional with no flag. Trawls:East end - double buoy and one or more 3' sticks. West end - single buoy with 3' stick and flag. • All fish pots require accepted ghost panel [CMR 6.12(9)]. • Escape vent required and must measure at least 2.25" square or circular vents of at least 3.1" diameter [CMR 6.12(10)] • Trawl maximum length: 2000 feet [CMR 4. 1 3(5)]. • Vessel maximum size: 90 feet registered length [CMR 8.05]. • Use of trawls is prohibited in the Waters of Gosnold [Ch. 130 sec. 37]. • All vessels must display buoy color scheme [CMR 6. 12(4)]. SPECIES BANNED TO THIS GEAR: Edible crabs from Jan 1 - April 30 [Ch. 130 sec.40]; Lobster (one needs a commercial lobster permit to take lobster). MASSACHUSETTS DIVISION OF MARINE FISHERIES 33 RULES & REGULATIONS SUMMARY (as of January 2001) Refer to Chapter 130 and 322 CMR for details. fishery: COMMERCIAL SHELLFISHING (OTHER THAN DREDGING FOR SURF CLAM, OCEAN QUAHOGS OR POTTING CONCHS) In approved waters: PERMIT REQUIRED: 1) License from respective coastal municipality [Ch. 130, sections 52 & 53]. And 2) Commercial fishermen license endorsed for shellfish required to sell shellfish harvested from approved waters [Ch. 130, sections 75 & 83]. Licenses endorsed for Shellfish Commercial Shellfish Resident Non Resident $520 $390 $260 $130 $80 $130 In certain restricted or conditionally restricted areas, as designated by DMF : PERMIT REQUIRED: 1) License from respective coastal municipality [Ch. 130, sections 52 & 53]. And 2) Special license to harvest, possess and sell shellfish from restricted areas [322 CMR 7.01 & 7.02]. Special Shellfish Permits Resident Non Resident Master Digger $130 $260 Subordinate Digger $40 $80 Note: As of 1997, DMF no longer permits harvest of contaminated soft shelled clams for bait. REPORTING REQUIREMENTS: Yearly catch reports required for shellfishermen harvesting in approved waters. Cities and towns generally require a yearly catch report at the time of license renewal. Master diggers reporting as noted in the special permit requirements. GEAR RESTRICTIONS: Subject to town authority (Ch. 1 30, s52). Coastal Lobster $260 Large Boat (60' - 90') $195 Small Boat (0' - 59') $130 Individual $65 Shellfish $40 Rod & Reel (Shellfish) $55 MASSACHUSETTS DIVISION OF MARINE FISHERIES RULES & REGULATIONS SUMMARY (as of January 2001 ) Refer to Chapter 130 and 322 CMR for details. 34 CLOSURES: Shellfish growing waters may be closed to the harvest of shellfish as a result of: 1. Public health closure based upon water quality, e.g. bacteria or oil spill. (Ch. 130. section 74, 74 A & 75). 2 Marine Biotoxin closure based upon the presence of toxin above NSSP closure levels in raw shellfish (Ch. 130. section 74 A I. 3. DMF Management Closure