322 CMR, § 6.05

Current through Register 1538, January 3, 2025

Section 6.05 - Atlantic Sea Scallop (Placopecten Magellanicus) Management

(1)Definitions.

Commercial Fisherman means any person or vessel permitted in accordance with 322 CMR 7.01(2): Commercial Fisherman Permits.

Discard means the return of live sea scallops to the sea.

Exclusive Economic Zone means all waters extending from the seaward boundary of the waters under the jurisdiction of the Commonwealth to 200 nautical miles from the coast.

Land means to transfer or attempt to transfer catch onto any land, pier, wharf, dock or other artificial structure or for a fishing vessel with any fish onboard to tie-up to any dock, pier or other artificial structure.

Sea Scallop means the species known as Placopecten magellanicus.

Shuck means to remove from the shell and retain only the edible adductor muscle of a sea scallop.

Standard Fish Tote means a fish tote that does not exceed the volume of 6525 cubic inches.

(2)Minimum Size.

(a) It is unlawful to fish for, catch, take, have on board, or off-load from any fishing vessel, Atlantic Sea Scallops the shells of which are less than 31/2 inches in diameter from the hinge to the outer edge.

(b) Notwithstanding 322 CMR 6.05(2)(a), it is lawful to fish for, catch, take, have on board, or off-load from any fishing vessel Atlantic Sea Scallops with shells less than 31/2 inches in the longest diameter provided said Atlantic Sea Scallops comprise no more than 10% of the entire lot of Atlantic Sea Scallops. This 10% tolerance shall be determined by numerical count taken at random of not less than one peck no more than four pecks of the entire lot of Atlantic Sea Scallops.

(3)Possession and Landing Limits.

(a)Possession and Landing Limits.

1.Shucked Sea Scallops. It shall be unlawful for any commercial fisherman to, at any time, possess or land more than 200 lbs. of shucked sea scallops;

2.Whole In-shell Sea Scallops. It shall be unlawful for any commercial fisherman to, at any time, possess or land more than 2,000 lbs. of whole in-shell sea scallops

a.Possession Equivalency. For any commercial fisherman landing both whole in-shell sea scallops and shucked sea scallops the weight of whole in-shell sea scallops shall be multiplied by.10 to determine compliance with the possession and landing limits.

b.Volumetric Equivalency.

i. All whole in-shell sea scallops shall be placed in level filled standard fish totes upon landing;

ii. A level filled standard fish tote shall represent 100 lbs. of whole in-shell sea scallops

3.Exemption. Vessels permitted by the National Marine Fisheries Service to commercially harvest and land Atlantic sea scallops may possess and land more than the state possession and daily landing limits provided:

a. The vessel transits directly through the waters under the jurisdiction of the Commonwealth for the purpose of landing sea scallops;

b. The vessel makes no stops unless otherwise directed by the Massachusetts Environmental Police for the purpose of boarding and inspection;

c. The dredge gear is out of the water and properly stowed on board; and

d. The vessel, crew, gear and catch is otherwise in compliance with the applicable federal regulations.

(4)Commercial Harvest, Discarding and Disposition of Catch.

(a) It shall be unlawful to fish for, harvest, possess or land sea scallops taken from the waters of the Exclusive Economic Zone unless so authorized by a sea scallop permit issued by the National Marine Fisheries Service;

(b) It shall be unlawful to discard any sea scallops within the restricted coastal waters of the Commonwealth, as established at 322 CMR 4.02: Use of Nets in Inshore Restricted Waters; and

(c) It shall be unlawful to land sea scallops in shell unless the area where the sea scallops were harvested from is classified as "Approved" by the Division of Marine Fisheries in accordance with the National Shellfish Sanitation Program.

(5)Recreational Fishery Limit. In any one day, it is unlawful for a recreational fisherman to harvest or possess more than one bushel of whole scallops or four quarts of shucked scallops for personal use.

(6)Permits.

(a) No person shall take or possess scallops in excess of the recreational fishery limits as defined in 322 CMR 6.05(3) unless licensed as a commercial fisherman under the authority of 322 CMR 7.01: Form, Use and Contents of Permits.

(b) Commercial fishermen who harvest sea scallops by hand must possess a commercial permit endorsed for sea scallop diving.

(c) No person shall be issued a commercial permit endorsed for sea scallop diving unless he or she is a bona fide resident of the Commonwealth or is a resident of a state that grants equal access to Massachusetts residents.

(d) Each individual diver on board a vessel where the scallop quantities exceed the recreational possession limit as noted in 322 CMR 6.05(3) must possess a commercial permit endorsed for sea scallop diving.

(e) Commercial fishermen who harvest sea scallops by mobile gear from waters under the jurisdiction of the Commonwealth must possess a Coastal Access commercial permit as defined in 322 CMR 7.05: Coastal Access Permit (CAP).