322 CMR, § 4.13

Current through Register 1531, September 27, 2024

Section 4.13 - Trap Gear Marking and Maximum Trawl Length

(1)Definitions.

Boston Harbor and Its Approaches means those waters under the jurisdiction of the Commonwealth circumscribed by an imaginary line beginning at Point Allerton in Hull; thence in an easterly direction to the #1 buoy at Thieves Ledge; thence in a northerly direction to the BG buoy; thence in a westerly direction to Grovers Cliff in Winthrop.

Buoy Line means the line that extends through the water column from the buoy at the surface to a single trap on the ocean floor or to a groundline that connects multiple traps on a trap trawl and extends no more than 12' from the first trap on the trawl.

Black Sea Bass Pot means any trap that has six sides and at least two unobstructed escape vents or openings in the parlor that are at least 21/2 inch in diameter, two inches square or 1³/₈ inch by 5³/₄ inch, and is set on the bottom of the ocean and designed to capture black sea bass.

Conch Pot means any trap without side heads or horizontal laths that is set on the bottom of the ocean and designed to capture whelks.

East End means that part of the trawl extending from 01° through 180° magnetic.

Fish Pot means inclusively any black sea bass pot or scup pot.

Groundline means lines connecting traps on a trap trawl.

Homeport means the location assigned as vessel's home on its commercial American Lobster Permit issued by NOAA Fisheries, or if a federal commercial American Lobster Permit is not held, then the Homeport shall mean the location assigned as the vessel's home on its Coastal Lobster Permit issued by the Division of Marine Fisheries pursuant to 322 CMR 7.01(2): Commercial Fisherman Permits.

Parlor means that compartment of a pot that does not contain bait.

Recreational Fishing means the non-commercial taking or attempted taking of lobsters and crabs for personal or family use, sport or pleasure, which are not to be sold, traded or bartered.

Registered under the Laws of the Commonwealth means any individual or vessel which is licensed by the Division of Marine Fisheries as evidenced by the issuance and possession of a valid commercial Offshore Lobster Permit or Coastal Lobster Permit, issued pursuant to 322 CMR 7.01(2): Commercial Fisherman Permits, which may be in addition to any federal registration of the vessel.

Scup Pot means any trap that has six sides and at least two unobstructed escape vents or openings in the parlor that are at least 3¹/₁₀ inch in diameter or 21/4 inch square that is set on the bottom of the ocean and designed to catch scup.

Single means individually set and buoyed traps.

Trap means any lobster trap, modified lobster trap, fish pot, conch pot or any other contrivance, other than nets, that is placed on the ocean bottom and designed to catch finfish, whelks lobsters or crabs.

Trawls means a series of single traps that are tied together and buoyed at one or both ends.

West End means that part of a trawl extending from 181⁰ through 00° magnetic.

Vessel means any waterborn craft.

(2)Buoy and Trap Marking.

(a) All buoys set by commercial trap fishers permitted in accordance with M.G.L. c. 130, §§ 37, 38 or 80, and 322 CMR 7.01(2): Commercial Fishing Permits or 322 CMR 7.01(4): Special Permits, shall be marked with the permit number assigned by the Director. Buoy markings shall not be less than one inch in height nor less than 1/2 inch in thickness or width of the line.

(b) All traps or cars set by commercial fishers permitted in accordance with M.G.L. c. 130, §§ 37, 38 or 80, and 322 CMR 7.01(2): Commercial Fishing Permits or 322 CMR 7.04(4): Special Permits, shall be marked with trap tags in accordance with 322 CMR 6.31: Trap Tags.

(c) All buoys set by non-commercial lobster and crab trap fishers, permitted in accordance with M.G.L. c. 130, §§ 37 and 38, and 322 CMR 7.01(4): Special Permits, shall be marked with the letter "N" prior to the permit number assigned by the Director then a dash (-) with a single digit from 0 - 9 shall follow the permit number indicating the sequential trap number in the series up to ten traps. Said alpha numerical sequence shall be permanently secured to the inside of the trap through the use of a synthetic plate or by being burned or cut into a wooden lath. Buoy markings shall not be less than one inch in height nor less than 1/2 inch in thickness or width of the line.

(3)Surface Identification of Traps.

(a)Single Traps. Single traps shall each be marked with a single buoy measuring at least seven inches by seven inches or five inches by 11 inches. Sticks are optional, but if used, shall not have a flag attached.

(b)Trawls. The east end of a trawl shall be marked with a double buoy, consisting of any combination of two buoys measuring at least seven inches by seven inches or five inches by 11 inches and one or more three-foot sticks. The west end of a trawl shall be marked with a single buoy measuring at least seven inches by seven inches or five inches by 11 inches with a three-foot stick and a flag.

(c)Exemption for Boston Harbor and its Approaches. It shall be lawful to fish with trawls marked on one end with a plastic bottle attached by at least ten feet of 1/2 inch cotton line or similar light material, provided that said substitute buoy shall be painted with the buoy colors and permit number of the owner. A single buoy seven inches by seven inches or five inches by 11 inches shall mark the other end of the trawl. Sticks need not be used.

(4)Maximum Length for Trawls. The total length of trawls set in waters under the jurisdiction of the Commonwealth shall not exceed 2,500 feet from end to end.