(1)Definitions. For purposes of 322 CMR 4.06 the following terms shall have the following meanings: Area 5 means that area within the waters under the jurisdiction of the Commonwealth beginning at a point 2.80 nautical miles from shore on the northernmost Gloucester/Rockport marine boundary; thence 136 ° true 4.35 nautical miles to a point 055 ° true 1.85 nautical miles from Straitsmouth Island Light; thence 162 ° true 1.40 nautical miles to a point 100 true 1.85 nautical miles from Straitsmouth Island Light; thence 180 ° true 1.65 nautical miles to a point 137 ° true 2.70 nautical miles from Straitsmouth Island Light; thence 210 ° true 2.60 nautical miles to a point on the southernmost Gloucester/Rockport marine boundary where said boundary line intersects a line bearing 130 ° true 2.70 nautical miles from Salt Island; thence seaward along the southernmost Gloucester/Rockport marine boundary to the territorial seas line of the Commonwealth; thence northerly along said line to its intersection with the northernmost Gloucester/Rockport marine boundary; thence shoreward along said boundary to the starting point.
Area 6 means that area within the waters under the jurisdiction of the Commonwealth beginning at the intersection of the northerly Rockport/Gloucester town line and the territorial seas line; thence along the territorial seas line to the Massachusetts/New Hampshire boundary; thence shoreward along the boundary to a point one nautical mile from shore; thence in a southerly direction along an imaginary line parallel to and one nautical mile from shore to a point on the Rockport/Gloucester town line one nautical mile from shore; thence seaward to the starting point.
Coastal Access Permit (CAP) means the regulated fishery permit endorsement for certain mobile gear, issued pursuant to M.G.L. c. 130, § 80, and 322 CMR 7.01(4)(a): Regulated Fishery and 7.05: Coastal Access Permit (CAP).
Cod End means all parts of a net a distance of 50 continuous meshes forward of the terminal portion of the net where fish are retained.
Director means the Director of the Division of Marine Fisheries.
Division means the Division of Marine Fisheries.
Dredge means mobile fishing gear consisting of a mouth frame attached to a holding bag constructed of metal rings, mesh or cages.
Effective Fishing Width means the distance measured between the extreme outside edges of the mouth of a dredge or dredges.
Fishing or Fish For means to harvest, catch or take or attempt to harvest, catch or take any fish or shellfish for commercial purposes. A vessel is presumed to be fishing if its dredge, trawl or seine gear remains in the water or is not on board and secured to the vessel's sides or sterns.
Ghost Gear means any fixed fishing gear including, but not limited to, gillnets and traps with their associated ropes which are no longer buoyed to the surface of the water, are not visible from the surface and become entangled with mobile gear.
Hauling Back means retrieving any dredge, trawl or seine and placing the contents of the catch on the deck or hold of the vessel.
Mobile Gear means any moveable or encircling fishing gear or nets which are towed, hauled or dragged through the water for the harvest of fish including, but not limited to, pair trawls, otter trawls, beam trawls, mid water trawls, scottish seines, danish seines, pair seines, purse seines or shellfish dredges.
Molted Lobster means any newly molted lobster whose carapace has not hardened and may be dented by exerting lateral pressure with the fingertips.
Night Fishing means fishing 1/2 hour after sunset to 1/2 hour before sunrise during the period of March 1st through October 31st, or from 6:00 P.M. to 6:00 A.M. during the period of November 1st through the last day of February.
NOAA Chart means the official and reproduced nautical charts of the National Oceanic and Atmospheric Administration, United States Department of Commerce.
Person means any individual, including the captain, master or crew member of a fishing vessel, or any firm, partnership, corporation or other business entity.
Purse Seine means any vertical wall of netting with floats on the top and weights at the bottom that is deployed to surround a school of fish and encloses fish in the netting by drawing together and tightening the bottom of the net.
Seine means a net with long narrow wings that is rigged with floats and weights that is moved through the water to catch fish or any floated or weighted net that is used to encircle fish and is closed by means of a drawstring through threaded rings attached to the bottom of the net.
Small Mesh Squid Trawl Exempted Area means that area within the waters under the jurisdiction of the Commonwealth beginning where 41° 40' north latitude intersects with the eastern shoreline of Chatham; thence in a straight line due east to where it intersects with the three nautical mile line, as described on NOAA Chart #13646; thence following the three nautical mile line, as described on NOAA Charts #13246 and #13237 in a southerly direction to where it intersects with 70° 00' west longitude; thence due south along the 70° meridian to where it intersects again with the three nautical mile line, as described on NOAA Chart #13237; thence following the three nautical mile line, as described on NOAA Charts #13237 and #13218 in a southerly then westerly direction to the Massachusetts-Rhode Island seaward marine boundary; thence following the Massachusetts-Rhode Island seaward marine boundary in a northerly direction to the shoreline; thence following the shoreline in a easterly direction to the starting point. This shall exclude all applicable inshore restricted waters defined at 322 CMR 4.02.
Small Mesh Trawl means any trawl with net mesh openings that are less than 61/2 inch in the cod end and six inches throughout the remainder of the net.
Southern Shoreline of the Elizabeth Islands means the area circumscribed by an imaginary line beginning at the shortest straight line between Cuttyhunk Island and Nashawena Island; the shortest straight line between the easternmost point of Nashawena Island and the southwesternmost point of Pasque Island; the shortest straight line between Pasque Island and Naushon Island; the shortest straight line between Jobs Neck on the eastern side of Naushon Island to the southernmost point on Nonamesset Island; the shortest straight line from Mink's Point on the northernmost point of Nonamesset Island to the western entrance of Little Harbor in Woods Hole.
Three Mile Line means that line as it appears on NOAA charts demarcating waters that are three nautical miles from the coastline.
Top of the Trawl Net means the 50% of the trawl net that would not be in contact with the ocean bottom during a tow if the trawl net were laid flat on the ocean floor. It shall not include head ropes attached to the net.
Trawl means any mobile fishing gear or nets which are towed, hauled, or dragged through the water for the harvest of fish including, but not limited to, otter trawls, beam trawls, and pair trawls.
Twine Top means the net material or other material on the top of a scallop dredge.
Upper Cape Cod Whiting Area means that area within the waters under the jurisdiction of the Commonwealth encompassed by an imaginary straight line that begins 42° 7.85' north latitude and 70° 30.1' west longitude; thence in a south southeasterly direction to where it intersects with 42° 00' north latitude and 70° 24.076' west longitude; thence due east to where it intersects with 42° 00' north latitude and 70° 13.225 west longitude; thence in a north northwesterly direction to where it intersects with 42° 4.75' north latitude and 70° 16.95' west longitude; thence in a east northeasterly direction to where it intersects with 42° 8.35' north latitude and 70° west longitude; thence in a northwesterly direction to 42°14.05' north latitude and 70° 8.8' west longitude; thence in a west southwesterly direction to the initial coordinate.
Vessel means any commercial fishing vessel registered under the laws of the state and conducting commercial fishing operations within waters under the jurisdiction of the Commonwealth.
(2)Seasonal Mobile Gear Closures. The following closures shall apply to the use of mobile gear within the waters under the jurisdiction of the Commonwealth. (a)Area 1 - North Shore Region - Year Round Closure. Except as provided at 322 CMR 4.06(2)(a)1. and 4.06(2)(k), it shall be unlawful to fish with mobile gear within the waters of the North Shore Region Year Round Closure. The North Shore Region Year Round Closure consists of those waters under the jurisdiction of the Commonwealth encompassed by an imaginary line beginning where 41° 21.552' north latitude intersects with the eastern shoreline of Deer Island in Winthrop; thence in a straight line in an east northeasterly direction to where it intersects with 42° 24.497' north latitude and 70° 49.232' west longitude; thence in a straight line in a northeasterly direction to where it intersects with 42° 27.018 north latitude and -70° 46.446' west longitude; thence continuing in a straight line in a northeasterly direction to where it intersects with 42° 29.664' north latitude and 70° 43.914' west longitude; thence in a straight line in a northeasterly direction to where it intersects with 42° 31.688' north latitude and 70° 40.164' west longitude; thence in a straight line in a easterly direction to where it intersects with 42° 31.836' north latitude and 70° 38.118' west longitude; thence in a straight line in an east northeasterly direction to 42° 32.502' north latitude and 70° 36.432 west longitude; thence in a straight line in a northeasterly direction to the nearest point where it intersects with the three nautical mile line, as described on NOAA Chart #13267, at the 70° 36.162' west longitude; thence following the three nautical mile line, as described on the NOAA Charts #13267 and 13278, to the seaward junction of the Massachusetts - New Hampshire marine boundary; thence shoreward along the Massachusetts - New Hampshire marine boundary to the shoreline; and thence in a southerly direction along the shoreline and concluding at the starting point. 1.North Shore Mobile Gear Seasonal Area Exemptions. Coastal Access Permit holders further endorsed for North Shore Mobile Gear may fish within the North Shore Region Year Round Closure Area in accordance with the following exemptions: a.Area 1A Gloucester/Rockport Exemption. During the periods of February 1st through May 15st and June 15th through September 30th, mobile gear may be fished within those waters under the jurisdiction of the Commonwealth encompassed by an imaginary line beginning off the northernmost Gloucester-Rockport coastline where 70° 37.365' west longitude intersects with the three nautical mile line, as described on NOAA Chart #13278; thence following in a straight line in a south southwesterly direction to where it intersects 42° 42.848' north latitude and 70° 37.632' west longitude; thence in a straight line in a southeasterly direction to where it intersects with 42° 40.806' north latitude and 70° 33.468' west longitude; thence in a straight line in a south southeasterly direction to where it intersects with 42° 39.504' north latitude and 70° 32.776' west longitude; thence in a straight line due south to where it intersects with 42° 37.806' north latitude and 70° 32.776 west longitude; thence in a straight line in a south southwesterly direction to where it intersects with 42° 35.490' north latitude and 70° 34.578' west longitude; thence in a straight line in a south easterly direction to the nearest point where it intersects with 70° 33.770' west longitude at the three nautical mile line, as described on NOAA Chart #13278; thence following the three nautical mile line, as described on NOAA Chart #13278, in a northerly direction concluding at the starting point. The Director shall amend the Area 1A Gloucester/Rockport exemption to prohibit mobile gear fishing within the period of May 1st through May 15th during any year in which the Director lifts the fixed gear seasonal closures at 322 CMR 12.04 prior to May 15th of that year. This prohibition to mobile gear fishing shall take effect on the same date that the fixed gear seasonal closures are lifted. This shall be accomplished by the Division filing a Notice of Declaration with the Secretary of State for publication in the Massachusetts Register, publishing the Notice of Declaration on the Division's Legal Notice web page, and distributing the Notice of Declaration via the Division's e-mail listserve.
b.Area 1B Ipswich Bay Exemption. During the period December 15th through April 30th, mobile gear may be fished within those waters under the jurisdiction of the Commonwealth encompassed by an imaginary line beginning at the intersection of 70° 47.838' west longitude with the Massachusetts - New Hampshire marine boundary; thence following the Massachusetts - New Hampshire marine boundary seaward in an easterly direction to where it intersects with the three nautical mile line, as described on NOAA Chart #13278; thence following the three nautical mile line, as described on NOAA Chart #13278, in a southerly direction to the northern Gloucester-Rockport coastline to where it intersects with 70° 37.365' west longitude; thence in a straight line in a south southwesterly direction to where it intersects with 42° 42.222' north latitude and 70° 38.130' west longitude; and thence following one nautical mile seaward from shore in a northerly direction concluding at the starting point.c.Restrictions on the Use of Trawl Gear during Area 1A and Area 1B Seasonal Exemptions. It shall be unlawful for any fisher fishing with mobile gear during the Area 1A and 1B seasonal exemptions: i. To fish trawl nets configured with a sweep or a foot rope greater than 80 feet.ii. To fish trawl nets, unless configured with a sweep or foot ropes composed of chain, wire or discs.iii. To fish with roller gear.iv. To possess or retain any lobsters. Any lobsters caught shall be immediately returned to the sea.(b)Area 2 Closure - Boston Harbor - April 1st through December 31st. Except as provided at 322 CMR 4.06(2)(k), it shall be unlawful to fish with mobile gear from April 1st through December 31st within the waters of the Area 2 Closure. The Area 2 Closure consists of those waters under the jurisdiction of the Commonwealth encompassed by an imaginary line beginning where 42° 21.552' north latitude intersects with the eastern shoreline of Deer Island in Winthrop; thence in a straight line in an east northeasterly direction to where it intersects with 42° 24.497' north latitude and 70° 49.232' west longitude; thence in a straight line in a southwesterly direction to where it intersects with 42° 24.432' north latitude and 70° 49.302' west longitude; thence in a straight line in a south southeasterly direction to where it intersects with 42° 20.748' north latitude and 70° 48.000' west longitude; thence in a straight line in a southerly direction to where it intersects with 42° 20.100' north latitude and 70° 48.114' west longitude; thence in a straight line in an east southeasterly direction to where it intersects with 42° 18.762' north latitude and 70° 45.222 west longitude; thence in a straight line in a west southwesterly direction to where 42°16.646' north latitude intersects with the eastern shoreline of Nantasket Beach in Hull; and thence following the shoreline of Hull in a north and westerly direction along the shoreline concluding at the starting point.(c)Area 3 - Hull to Plymouth - May 1st through October 31st. Except as provided at 322 CMR 4.06(2)(k), it shall be unlawful to fish with mobile gear from May 1st through October 31st within the waters of the Area 3 Closure. The Area 3 Closure consists of those waters under the jurisdiction of the Commonwealth beginning where 42° 16.646' north latitude intersects with the eastern shoreline of Nantasket Beach in Hull; thence in a straight line in a east northeasterly direction to where it intersects with 42° 18.762' north latitude and 70° 45.222' west longitude; thence in a straight line in a east southeasterly direction to where it intersects with 42° 17.664' north latitude and 70° 42.684' west longitude; thence in a straight line in a southeasterly direction to the nearest point where it intersects with the three nautical mile line, as described on NOAA Chart #13267, at 70° 40.986' west longitude; thence following the three nautical mile line, as described on NOAA Chart #13267, in a southeasterly direction to where it intersects with 70° 35.367' west longitude; thence in a straight line in a south southeasterly direction to where it intersects with 42° 6.948' north latitude and 70° 34.548' west longitude; thence in a straight line in a south southeasterly direction to where it intersects with 42° 1.632' north latitude and 70° 31.950' west longitude; thence in a straight line in a south southeasterly direction to where it intersects with 42° 0.984' north latitude and 70° 31.464' west longitude; thence in a straight line in a west southwesterly direction to where it intersects with 42° 0.200' north latitude at the southeastern coastline of Gurnett Point in Plymouth; thence in a northwesterly direction along the shoreline and concluding at the starting point.(d)Area 4 - Plymouth to Provincetown - May 1st through October 31st. Except as provided at 322 CMR 4.06(2)(k), it shall be unlawful to fish with mobile gear from May 1st through October 31st within the waters of the Area 4 Closure. The Area 4 Closure consists of those waters under the jurisdiction of the Commonwealth beginning where 42° 0.200' north latitude intersects with the southeastern shoreline of Gurnett Point in Plymouth; thence in a straight line in east northeasterly direction to where it intersects with 42° 0.984' north latitude and 70° 31.434' west longitude; thence in a straight line in south southeasterly direction to where it intersects with 41° 56.652' north latitude and 70° 28.000' west longitude; thence in a straight line in a southerly direction to where it intersects with 41° 51.227' north latitude and 70° 27.536' west longitude; thence in a straight line in a southerly direction to where it intersects with 41° 49.075' north latitude and 70° 27.289' west longitude; thence in a straight line in a southeasterly direction to where it intersects with 41° 47.978' north latitude and 70° 25.036' west longitude; thence in a straight line in a easterly direction to where it intersects with 41° 47.339' north latitude and 70° 22.520' west longitude; thence in a straight line in a easterly direction to where it intersects with 41° 47.137' north latitude and 70° 19.379' west longitude; thence in a straight line in a easterly direction to where it intersects with 41° 47.298' north latitude and 70° 16.632' west longitude; thence in a straight line in a east north(e)Area 5 - Eastham to Mashpee - May 1st through October 31st. Except as provided at 322 CMR 4.06(2)(k), it shall be unlawful to fish with mobile gear from May 1st through October 31st within the waters of the Area 5 Closure. The Area 5 Closure consists of those waters under the jurisdiction of the Commonwealth beginning where 41° 51.666' north latitude intersects with the easterly shoreline of Nauset Beach in Eastham; thence in a straight line due east to where it intersects with the three nautical mile line, as described on NOAA Chart #13246; thence following the three nautical mile line, as described on NOAA Charts #13246 and #13237 in a southerly direction to where it intersects with the 70° meridian; thence following the 70° meridian due north to where it intersects with 41° 29.805' north latitude; thence on following an arc heading in a northwesterly direction around Monomoy Island that connects the following coordinates: 41° 29.724' north latitude and 70° 1.087' west longitude; 41° 29.904' north latitude and 70° 2.335' west longitude; 41° 30.323' north latitude and 70° 3.313' west longitude; 41° 30.926' north latitude and 70° 4.079 west longitude; 41° 31.718' north latitude and 70° 4.665 west longitude; 41° 32.780 north latitude and 70° 4.665 west longitude; 41° 33.842' north latitude and 70° 4.702' west longitude; and 41° 34.748' north latitude and 70° 4.510' west longitude; thence in a straight line in a northeasterly direction to where it intersects with 41° 35.372' north latitude and 70° 3.915' west longitude; thence in a straight line in a north northwesterly direction to where it interests with 41° 35.749' north latitude and 70 4.098' west longitude; thence in a straight line in a north northwesterly direction to where it intersects with 41° 36.147' north latitude and 70 4.211' west longitude; thence in a straight line in a northerly direction to the nearest point where it intersects with the three nautical mile line, as described on NOAA Chart #13237, at 41° 36.431' north latitude; thence following the three nautical mile line, as described on NOAA Chart #13237, in a westerly direction to where it intersects with 70°28.086' west longitude; thence in a straight line in a north northwesterly direction to where it intersects with 70° 28.828' west longitude at the southerly shoreline of Succonesset Point in Mashpee; and thence in a easterly direction along the shoreline of Cape Cod concluding at the starting point.(f)Area 6A - Mashpee to Falmouth 1/2 Nautical Mile Closure - June 1st through October 31st. Except as provided at 322 CMR 4.06(2)(k), it shall be unlawful to fish with mobile gear from June 1st through October 31st within the waters of the Area 6A Closure. The Area 6A Closure consists of those waters under the jurisdiction of the Commonwealth beginning where 70° 39.310' longitude intersects with the southerly shoreline of Nobska Point in Falmouth; thence in a straight line in a south southeasterly direction to where it intersects with 41° 30.498' north latitude and 70° 39.114' west longitude; thence eastward along an imaginary line that is 1/2 nautical mile from the shoreline to where it intersects with 41° 32.868' north latitude and 70° 28.806' west longitude; thence in a straight line in a northerly direction to where it intersects with 70° 28.908' west longitude at the southerly shoreline of Succonessett Point in Mashpee; and thence in a westerly direction along the shoreline of Cape Cod concluding at the starting point.(g)Area 6B - Mashpee to Falmouth 1/4 Nautical Mile Closure - April 23rd through May 31st. Except as provided at 322 CMR 4.06(2)(k), it shall be unlawful to fish with mobile gear from April 23rd through May 31st within the waters of the Area 6B Closure. The Area 6B Closure consists of those waters under the jurisdiction of the Commonwealth beginning where 70° 39.310' longitude intersects with the southerly shoreline of Nobska Point in Falmouth; thence in a straight line in a south southeasterly direction to where it intersects with 41° 30.703' north latitude and 70° 39.191' west longitude; thence eastward along an imaginary line that is 1/4 nautical mile from the shoreline to where it intersects with 41° 33.134' north latitude and 70° 28.854' west longitude; thence in a straight line in a northerly direction to where it intersects with 70° 28.908' west longitude at the southerly shoreline of Succonessett Point in Mashpee; and thence in a westerly direction along the shoreline of Cape Cod concluding at the starting point.(h)Area 7 - Southern Shore of the Elizabeth Islands - May 1st through October 31st. Except as provided at 322 CMR 4.06(2)(k), it shall be unlawful to fish with mobile gear from May 1st through October 31st within the waters of the Area 7 Closure. The Area 7 Closure consists of those waters under the jurisdiction of the Commonwealth beginning where 70° 56.898' longitude intersects with the southerly shoreline of Cuttyhunk Island in Gosnold; thence in a straight line in a southeasterly direction to where it intersects with 41° 24.420' north latitude and 70° 56.628' west longitude; thence east northeasterly direction following an imaginary line that is 1/4 nautical mile from the shoreline to where it intersects with 41° 30.703' north latitude and 70° 39.191' west longitude; thence in a straight line in a north northwesterly direction to where it intersects with 70° 39.310'' west longitude at the southerly shoreline of Nobska Point in Falmouth; and thence in a westerly direction along the southern shoreline of the Elizabeth Islands concluding at the starting point.(i)Area 8A - Nantucket Island North Shore - April 1st through April 30th. Except as provided at 322 CMR 4.06(2)(k), it shall be unlawful to fish with mobile gear from April 1st through April 30th within the waters of the Area 8A Closure. The Area 8A Closure beginning where 70° 2.980' longitude intersects with the northerly shoreline of Great Point on Nantucket Island; thence in a straight line in a north northeasterly direction to the nearest point where it intersects with the three nautical mile line, as described on NOAA Chart #13237, at 70° 2.124' west longitude; thence in a westerly direction along the three nautical mile line, as described on NOAA Chart #13237, to where it intersects with 70° 19.499' west longitude; thence in a straight line in a south southwesterly direction to where it intersects with 41° 21.852' north latitude and 70° 20.686' west longitude; thence in a straight line in a southeasterly direction to where it intersects with 70° 12.431'' west longitude at the northerly shoreline of Eel Point on Nantucket Island; and thence in a easterly direction along the northern shoreline of Nantucket Island concluding at the starting point.(j)Area 8B - Great Point and Nantucket Harbor - June 1stthrough September 15th. Except as provided at 322 CMR 4.06(2)(k), it shall be unlawful to fish with mobile gear from June 1st though September 15th within the waters of the Area 8B Closure. The Area 8B Closure beginning where 70° 2.980' longitude intersects with the northerly shoreline of Great Point on Nantucket Island; thence in a straight line in a south southwesterly direction to where it intersects 41° 19.060' north latitude and 70° 6.313' west longitude; thence due south to where it intersects with the northern shoreline at the western end of the entrance to Nantucket Harbor; and thence in a easterly direction along the northern shoreline of Nantucket Island concluding at the starting point.(k)General Exemptions to Seasonal Mobile Gear Closures. The following exemptions shall apply to the seasonal mobile gear closures set forth at 322 CMR 4.06(2)(a) through (j): 1.Purse Seine Exemption. A vessel fishing under the authority of a Coastal Access Permit - Purse Seine regulated fishery permit endorsement, issued in accordance with 322 CMR 7.01(4)(a), may fish with purse seine gear within the seasonal mobile gear closures.2.Inshore Net. A vessel fishing in the inshore net areas, as described at 322 CMR 4.02, under the authority of an Inshore Net Fishery regulated fishery permit endorsement issued in accordance with 322 CMR 4.02(3) and 7.01(4)(a), may fish with purse seine gear inside the seasonal mobile gear closures if so authorized by the conditions set forth in said Inshore Net Permit, adopted pursuant to 322 CMR 7.01(7).3.Surf Clam and Ocean Quahog Dredges. A vessel fishing under the authority of a Surf Clam and Ocean Quahog Dredge regulated fishery permit endorsement, issued in accordance 322 CMR 7.01(4)(a), may fish with surf clam and ocean quahog dredges within the seasonal mobile gear closures areas in accordance with 322 CMR 6.08.4.Bay Quahog Dredge Fishery. A vessel fishing under the authority of a Bay Quahog Dredge regulated fishery permit endorsement, issued in accordance with 322 CMR 7.01(4)(a), may fish with bay quahog dredges within the seasonal mobile gear closures in accordance with 322 CMR 6.36. As bay quahogs are jointly managed by municipalities pursuant to M.G.L. c. 130 § 52 and the seasonal mobile gear closures may overlap with municipal waters the harvest of bay quahogs within these municipal waters may also be subject to municipal permitting requirements and harvest regulations.5.Municipal Shellfish Fisheries. The seasonal mobile gear closure areas shall not apply to vessels fishing within municipal waters in a shellfish fishery regulated by the municipality.(3)Night Closures. Within the waters under the jurisdiction of the Commonwealth, it shall be unlawful for any vessel using mobile gear to conduct any night fishing.(4)Trawl Gear General Provisions. (a)Minimum Trawl Net Mesh Size and Method of Measurement. Except as authorized at 322 CMR 4.06(5), all vessels fishing with trawl gear within the waters under the jurisdiction of the Commonwealth shall only possess fish taken with nets that have a minimum mesh size opening that measures at least 6 1/2 inches throughout the cod end and six inches throughout the remainder of the net. The mesh size shall be measured by the inside stretch of the net. The mesh size will be determined by the average of measurements of any series of 20 consecutive meshes. The mesh in the cod end will be measured at least ten meshes from the lacings beginning at the after end and running parallel to the long axis.
This minimum net mesh size is measured in accordance with 322 CMR 4.06(4)(a), by using a wedge-shaped gauge having a taper of two centimeters (0.79 inches) in eight centimeters (3.15 inches), and a thickness of 2.33 millimeters (0.09 inches), inserted into the meshes under a pressure or pull of eight kilograms (17.64 pounds).
(b)Trawl Net Modifications. 1. It shall be unlawful to use any device or material including, but not limited to, nets, net strengtheners, ropes, lines or chafing gear on the top of the trawl net, except that one splitting strap and one bull rope (if present), consisting of line and rope no more than three inches in diameter, may be used if such a splitting strap or bull rope does not constrict in any manner the size of the meshes on the top of the trawl net, as required at 322 CMR 4.06(4)(a).2. All trawl nets not made on a braiding machine, whether of braided or twisted twine, whether machine made or hand-made, shall use only one knot: the weavers knot. This shall include the sheet bend or knot by another name that is the weavers knot.3. The ends of the twine, called the bars, that exit the knot are constructed so their lay does not cross or twist.4. One splitting strap or one bull rope consisting of line or rope no more than two inches in diameter may be used if such splitting strap or bull rope does not obstruct the meshes of the net or otherwise diminish the sizes of the net mesh.5. Canvas, netting or other material may be attached to the underside of the cod end to reduce wear and prevent damage provided that no more than 25% of the meshes in the cod end are obstructed.6. It shall be unlawful to use trawl nets that utilize disks, rollers or rock-hoppers greater than 12 inches.(5)Exempted Small Mesh Trawl Fisheries. To authorize commercial trawl fishermen to seasonally target valuable finfish species that cannot be caught in commercially viable quantities without the use of small mesh trawls, the following exemptions to 322 CMR 4.06(4) apply. (a)Small Mesh Trawl Squid Fishery. It shall be lawful to fish with small mesh trawls for squid in accordance with the following requirements: 1.Permitting. The vessel holds a Coastal Access Permit further endorsed for Small Mesh Trawl Squid, issued in accordance with M.G.L. c. 130, § 80, and 322 CMR 7.01(4)(a): Regulated Fishery Permit Endorsement.2.Season. The vessel is fishing within the Small Mesh Squid Trawl Exempted Area during the period of April 23rd through June 9th. The Director may issue permit conditions to extend the small mesh trawl squid fishery season in accordance with M.G.L. c. 130, § 80, and 322 CMR 7.01(7): Conditions.3.Net Mesh Size and Method of Measurement. The vessel uses small mesh trawls with meshes measuring at least 1 -inch diamond or square throughout the cod end. This standard shall be applied throughout the cod end for at least 150 continuous meshes forward of the terminus of the net. For cod ends with less than 150 meshes forward of the terminus of the net, this minimum mesh size shall be a applied to a minimum of 1/3 a of the net measured from the terminus of the cod end to the head rope. Meshes shall be measured using a wedge-shaped gauge having a taper of two centimeters (0.79 inches) in eight centimeters (3.15 inches), and a thickness of 2.33 millimeters (0.09 inches), inserted into the meshes under a pressure or pull of five kilograms (11.02 pounds).
4.Modifications to Strengthen the Net. The vessel shall not use any device, gear or material applied to the top of the trawl net, except the following: a. Splitting straps and or bull ropes or wire around the entire circumference of the cod end, provided these materials do not obstruct or constrict the top of the trawl net while it is being towed.b Net strengtheners or net covers that do not have a mesh opening of at least five inches diamond or square, as measured by the methods described at 322 CMR 4.06(4)(a).c. A line may be used to close the opening created by the rings in the aftermost portion of the net, provided the liner extends no more than ten meshes forward of the aftermost portion of the net, the inside webbing of the cod end shall be the same circumference or less than any strengthener and the liner is no more than two feet longer than any net strengthener.5.Catch Restrictions. Vessels fishing with or in possession of any net that does not comply with the minimum trawl net mesh size at 322 CMR 4.06(4)(a) are prohibited from retaining, possessing or landing more than 100 pounds of winter flounder, yellowtail flounder or summer flounder, in any combination.(b)Area 1A and Upper Cape Cod Raised Foot Rope Trawl Fisheries for Whiting Fishery. It shall be lawful to fish with small mesh raised footrope trawls for whiting in accordance with the following requirements: 1.Permitting. a.Area 1A Exempted Whiting Fishery. The vessel holds a Coastal Access Permit further endorsed for Small Mesh Trawl Whiting and North Shore Mobile Gear, issued in accordance with M.G.L. c. 130, § 80, and 322 CMR 7.01(4)(a).b.Upper Cape Cod Whiting Fishery. The vessel holds a Coastal Access Permit further endorsed for Small Mesh Trawl Whiting, issued in accordance with M.G.L. c. 130, § 80, and 322 CMR 7.01(4)(a).2.Season.a.Area 1A. The vessel is fishing within Area 1A, as described at 322 CMR 4.06(2)(a)(1)(a), during the period of September 1st through September 30th.b.Upper Cape Cod. The vessel is fishing within the Upper Cape Cod Whiting Area during the period of September 1st through November 20th.3.Trawl Specifications. The trawl used by the vessel shall conform to the gear specifications below:a.Minimum Net Mesh Size and Method of Measurement. The net meshes shall measure at least 2 1/2-inch diamond or square throughout the cod end. Minimum mesh size is measured by the inside stretch of the net. Meshes shall be measured using a wedge-shaped gauge having a taper of two centimeters (0.79 inches) in eight centimeters (3.15 inches), and a thickness of 2.33 millimeters (0.09 inches), inserted into the meshes under a pressure or pull of five kilograms (11.02 pounds).b.Headrope. The trawl shall be configured with a headrope that conforms to the following requirements: i. The headrope is rigged with floats that measure at least eight inches in diameter.ii. The floats are attached along the entire length of the headrope with a maximum spacing of four feet between each float.c.Groundgear. The trawl shall be configured with groundgear that conforms to the following requirements: i. All bare wire groundgear that is not larger than 1/2 inch in diameter for the top leg, e inch in diameter for the bottom leg and not larger than 3/4 inch diameter for the ground cables.ii. The top legs shall be at least as long as the bottom legs.iii. The total length of ground cables shall not be greater than 40 fathoms (240 feet) from the trawl doors to the wing ends.d.Footrope. The trawl shall be configured with a footrope that conforms to the following requirements: i. The footrope is longer than the headrope, but by no more than 20 feet longer than the headrope.ii. The footrope is rigged so it does not touch the ocean floor when towed.e.Drop Chains. The trawl shall be configured with drop chains that conform to the following requirements:i. The drop chains are at least 42 inches in length.ii. The maximum size of the drop chain stock shall be 5/16 inch when a sweep is used and 3/8 inch when no sweep is used.iii. Only bare chain shall be used. The use of additional weights on the drop chains is prohibited.iv. Drop chains shall be hung from the center of the footrope and the corners (the junction of the bottom wing to the belly at the foot rope).v. Drop chains shall be hung at eight-foot intervals along the footrope from the corners to the wing ends.f.Sweep Specifications. The use of a chain sweep is not required. However, if a chain sweep is used it must conform to the following requirements. i. The sweep shall be bare chain measuring no greater than 5/16 inch chain stock.ii. The sweep shall be the same length as the foot rope.iii. The sweep shall be attached to the ends of the drop chains and the center of the sweep must be attached to the drop chain from the center of the footrope.iv. The points where each drop chain is attached on the sweep and the foot rope must be the same distance from the center drop chain attachments.v. The ends of the sweeps shall be attached to the drop chains at the center of the footrope. 4.Bycatch Restrictions. The vessel does not retain, possess or land any cod, haddock, pollock, redfish, white hake, yellowtail founder, winter flounder, American plaice, witch flounder, summer flounder, skates, monkfish, ocean pout, sculpin, sea raven, lobsters or crabs.(6)Sea Scallop Dredge Gear. (a)Dredge Width. It shall be unlawful to possess a sea scallop dredge or retain sea scallops caught by a dredge whereby the dredge or a combination of dredges has an effective fishing width greater than ten feet while fishing within the waters under the jurisdiction of the Commonwealth.(b)Dredge Rings. 1.Minimum Size. It shall be unlawful to possess a sea scallop dredge or retain sea scallops caught by a dredge with rings less than four inches.2.Method of Measurement. The minimum ring size shall be determined by measuring the length of the shortest straight line passing through the center of the ring from one inside edge to the opposite inside edge. The measurement shall not include normal welds from ring manufacturing or links. The rings to be measured shall be at least five rings away from the mouth of the dredge and at least two rings away from the other rigid portions of the dredge.(c)Twine Top.1.Minimum Twine Top Net Mesh Size. It shall be unlawful to possess a sea scallop dredge or retain sea scallops caught by a dredge using twine top with a net mesh of less than ten inches square or diamond.2.Twine Top Configuration. It shall be unlawful to configure or construct the twine top in any manner that obstructs the net mesh so that it is less than ten inches square or diamond.(7)Use of Purse Seines.(a)Permitting Requirements. 1.Use of Purse Seine Gear within Inshore Restricted Waters. Pursuant to 322 CMR 4.02 and 7.01(4), an Inshore Net Permit regulated fishery permit endorsement is required for any commercial fisher to set, fish, or haul a purse seine within inshore restricted waters defined at 322 CMR 4.02.2.Use of Purse Seine Gear Seaward of Inshore Restricted Waters. Pursuant to 322 CMR 7.01(4), a Coastal Access Permit or Coastal Access Permit Purse Seine is required for any commercial fisher to set, fish, our haul a purse seine within waters under the jurisdiction of the Commonwealth seaward of inshore restricted waters defined at 322 CMR 4.02.(b)Restrictions on Use of Purse Seine Gear.1.Waters under the Jurisdiction of the Commonwealth. It shall be unlawful to set, fish, or haul a purse seine within waters under the jurisdiction of the Commonwealth:a. On Saturdays, Sundays, Memorial Day, the 4th of July, and Labor Day.b. From 1/2 hour after sunset to 1/2 hour before sunrise during the period of March 1st through October 31st or from 6:00 P.M. to 6:00 A.M. during the period of November 1st through the last day of February.c. within the waters of Cape Cod Bay shoreward of an imaginary straight line drawn from western breakwater at Sesuit Harbor in Dennis, thence in a northerly direction to the #1 buoy on Billingsgate Shoal, thence in a northeasterly direction to the southernmost tip of Jeremy Point in Wellfleet.2.Within Inshore Restricted Waters. Within the inshore restricted waters defined at 322 CMR 4.02, it shall be unlawful to set, fish, or haul a purse seine:a. year-round within the waters of Buzzards Bay, as defined at 322 CMR 4.02.b. on Fridays within the waters of Beverly Harbor, as defined at 322 CMR 4.02.3.Within Boston Harbor. Within the inshore restricted waters of Boston Harbor, as defined at 322 CMR 4.02, it shall be unlawful to set, fish, or haul a purse seine:a. within the waters of the Charles River upstream of an imaginary straight line drawn from Pier 4 in Charlestown to the easternmost Coast Guard Pier in Boston.b. within the waters of the Mystic River upstream of an imaginary straight line drawn from the end of the Massport concrete pier to the white storage tanks at the Exxon Terminal.c. within the waters of the Chelsea River upstream of the Andrew McCardle Bridge. d. within the waters of Dorchester Bay shoreward of an imaginary straight line drawn from UMASS Boston to the Corita Gas Tank.e. within the waters of the Neponset River upstream of the Southeast Expressway.f. within the waters of Marina Bay in Quincy shoreward of the breakwater.g. within the waters of the Weir River upstream of Red Nun "8".h. within the waters of Winthrop Harbor shoreward of an imaginary straight line beginning at the southern end of Cottage Park Yacht Club in Winthrop south to the "1" day marker and then east to Coughlin Park, Winthrop.i. within any area designated as an "A Anchorage Area" described on NOAA Chart #13270 Exception: A commercial fisher may fish with purse seines within the "Anchorage Area A" on NOAA Chart #13270 off Merrymount in Quincy.
4.Permit Conditions. Pursuant to the authority at M.G.L. c. 130, § 80 and 322 CMR 7.01(7), the Director may establish permit conditions affecting the use of purse seines as necessary and appropriate for purposes of conservation and management or to protect the public health, welfare and safety.(8)Experimental Fisheries. The Director may, at their discretion, authorize the use of nonconforming mobile gear. This will be done to collect data to determine if certain gear modifications may be appropriate. Permit holders must request and obtain a Letter of Authorization to participate in any authorized experimental fishery.(9)Declaration of Temporary Mobile Gear Closures. The Director may declare temporary mobile gear closures within the waters under the jurisdiction of the Commonwealth, if the Director has determined that the closure is necessary to immediately resolve gear conflicts due to high densities of fixed fishing gear or to protect high densities of molted lobsters.(a)Procedure for Declaring Temporary Mobile Gear Closures. The declaration of a temporary closure is not effective until:1. It has been approved by a majority of the Marine Fisheries Advisory Commission.2. A notice of closure has been filed with the Massachusetts Register and published or posted in conspicuous places accessible to fishers. The notice of closure must state:a. a determination of need or basis for the closure;b. the exact area to be closed; andc. the duration during which the closure will be in effect.3. During the temporary closure the Director shall consider comments on the closure by the public or a state or federal agency. Based on these written comments the Director may alter, amend or rescind the closure in accordance with this procedure.(10)Gear Retrieval. Any vessel using mobile gear whose gear becomes entangled with ghost gear may haul said ghost gear on board for the purpose of identification and shall return the ghost gear to the rightful owner, if authorized in writing by said owner of the ghost gear.(11)Prohibitions. It shall be unlawful: (a) to violate any provision of 322 CMR 4.06;(b) for any vessel or person to molest, damage, destroy, cut or deface any fixed and stable fishing gear;(c) for any vessel or person to possess any ghost gear without proper written authorization of the owner;(d) for any vessel to retain, possess or land any lobsters harvested by mobile gear within the waters under the jurisdiction of the Commonwealth.(e) to use in any manner any mobile fishing gear in or possess any fish, including finfish, shellfish or crustaceans, harvested from an area which has been closed pursuant to 322 CMR 4.06(9).Amended by Mass Register Issue 1264, eff. 7/4/2014.Amended by Mass Register Issue 1324, eff. 10/21/2016.Amended by Mass Register Issue 1336, eff. 4/17/2017.Amended by Mass Register Issue 1368, eff. 4/7/2018.Amended by Mass Register Issue 1387, eff. 3/22/2019.Amended by Mass Register Issue 1445, eff. 6/11/2021.Amended by Mass Register Issue 1463, eff. 2/4/2022.Amended by Mass Register Issue 1487, eff. 1/20/2023.Amended by Mass Register Issue 1500, eff. 7/21/2023.