322 CMR, § 6.21

Current through Register 1533, October 25, 2024

Section 6.21 - Whelk Conservation and Management

(1)Definitions. For the purpose of 322 CMR 6.21, the following terms shall have the following meanings:

Channeled Whelk means that species known as Busycotypus canaliculatus.

Chute Gauge means an open top rectangular gauge made of rigid material.

Commercial Fisher means any person fishing under the authority of a permit issued in accordance with M.G.L. c. 130, § 80, and 322 CMR 7.01(2): Commercial Fishing for the purpose of sale, barter or exchange, or to keep for personal or family use any fish or shellfish caught under the authority of the commercial fishing permit.

Knobbed Whelk means that species known as Busycon carica.

Operculum is the lid that closes the aperture of the shell when the animal is retracted.

Recreational Fishing means the noncommercial taking or attempted taking of knobbed or channeled whelks for personal or family use, sport or pleasure, which are not sold, bartered or exchanged.

Shell Width means the diameter of the shell measured across its greatest width perpendicular to the long axis of the shell.

Standard Fish Tote means a container that does not exceed the volume of 6,525 cubic inches.

Trip means that period of time that begins when a fishing vessel departs from a dock, berth, beach, seawall, ramp or port to carry out commercial fishing operations and that terminates with a return to a dock, berth seawall, ramp or port.

(2)Commercial Possession of Legal Sized Knobbed and Channeled Whelks.

(a)Purpose. To increase spawning stock biomass of knobbed and channeled whelks, the legal harvest size limit for these species will be gradually increased to correspond to a size where 50% of female knobbed and channeled whelks are sexually mature. The asymmetry of these animals and the propensity for their siphonal canals to break during handling limits the effectiveness of managing harvest with a traditional shell width or shell length minimum size standards. Consequently, legal sized knobbed and channeled whelks shall be determined through the use of a chute gauge meeting the specifications and by applying the methodology in 322 CMR 6.21(2)(b) and (c).

(b)Minimum Chute Gauge Width and Chute Gauge Specifications. The chute gauge used to determine the legal size for knobbed and channeled whelks shall measure at least six inches length and by 11/2" height. The internal width of the chute gauge shall be: 3c" through April 14, 2027; 31/4" during the period of April 15, 2027 through April 14, 2030; 3d" during the period of April 15, 2030 through April 14, 2033; 31/2" during the period of April 15, 2033 through April 14, 2036, and 3e" on or after April 15, 2036. No person shall modify the chute gauge in any manner that may affect the gauging of knobbed or channeled whelks. It shall be prima facie evidence of a violation of 322 CMR 6.21(2)(c) if a commercial fisher is not in possession of a chute gauge meeting these minimum specifications when fishing for or in possession of knobbed or channeled whelk.

(c)Methodology of Determining Legal Sized Whelk with the Chute Gauge. Knobbed and channeled whelks shall be oriented to the chute gauge with its operculum facing down and laying as flat on the chute gauge as possible. It shall be unlawful to retain, possess, or land a knobbed or channeled whelk if it can pass through the chute gauge in this required orientation with its siphonal canal at any angle to the side walls of the gauge. The required orientation of the knobbed or channeled whelk to the chute gage is depicted in the image below:

Click to view image

1.Exemptions for Dealers. Notwithstanding the requirements of 322 CMR 6.21(2)(c), a dealer permitted in accordance with 322 CMR 7.01(3): Dealer Permits may obtain, possess and process knobbed and channeled whelks that are not legal sized if such knobbed or channeled whelks were lawfully harvested in the jurisdiction of another state. All containers of such knobbed and channeled whelks shall bear a shellfish tag, as required by M.G.L. c. 130, §§ 81 and 82.

(d)Tagging of Knobbed and Channeled Whelks by Commercial Fishers. Because knobbed and channeled whelks are shellfish as defined in M.G.L. c. 130, § 2, commercial fishers who retain such whelks harvested in accordance with the requirements of 322 CMR 6.21(2)(c) shall place them in containers that bear a shellfish harvester tag as required by 322 CMR 16.00: Shellfish Harvest and Handling.

(e)Prohibitions. Except as provided in 322 CMR 6.21(2)(c)1., it shall be unlawful for:

1. any person to possess a knobbed or channeled whelk that is less than the legal size as determined in accordance with 322 CMR 6.21(2)(b) and (c) for longer than it is necessary for immediate measurement and return to the sea.

2. any person to modify the chute gauge specified in 322 CMR 6.21(2)(b) in any manner that may affect the method of measurement of knobbed and channeled whelks.

3. any person to manipulate the orientation of a knobbed or channeled whelk to the chute gauge so that it is measured in a manner other than the method of measurement prescribed at 322 CMR 6.21(2)(c).

4. any commercial fisher to not possess on their vessel a chute gauge meeting the specifications in 322 CMR 6.21(2)(b) when fishing for or in possession of knobbed or channeled whelk.

5. to possess any knobbed or channeled whelk in a condition other than whole in-shell, except by a dealer licensed in accordance with 322 CMR 7.01(3): Dealer Permits.

6. to process whelks at any location other than at a facility of a dealer licensed in accordance with 322 CMR 7.01(3): Dealer Permits for that purpose.

(3)Possession Limit.

(a)Coastal Access Permit Holders. For commercial fishers fishing with mobile gear under the authority of a Coastal Access Permit regulated fishery permit endorsement, issued in accordance with 322 CMR 7.05: Coastal Access Permit (CAP), it shall be unlawful to take, possess or land more than 1,000 pounds of channeled whelk and knobbed whelk combined during any single fishing trip or 24-hour day, whichever period of time is longer.

(b)Scuba or Hand Harvest. For commercial fishers fishing with Scuba or hand harvest gear, it shall be unlawful to take, possess or land a combination of channeled and knobbed whelk that exceeds one level filled standard fish tote.

(c)Recreational Fishing Limit. It shall be unlawful for any person engaged in recreational fishing to possess or land more than 15 channeled or knobbed whelk combined during any calendar day.