322 CMR, § 6.26

Current through Register 1536, December 6, 2024

Section 6.26 - Bycatch Lobster Landing/Possession Limits

(1)Definitions. For the purposes of 322 CMR 6.26:

Bottom or Sink Gillnet means a gillnet, anchored or otherwise, that is designed to be, capable of being, or is fished on or near the bottom in the lower third of the water column.

Day means any 24-hour period.

1-day Fishing Trip means a trip 24 hours or less.

2-day Fishing Trip means a trip greater than 24 hours up to 48 hours.

3-day Fishing Trip means a trip greater than 48 hours up to 72 hours.

4-day Fishing Trip means a trip greater than 72 hours up to 96 hours.

5-day Fishing Trip means a trip greater than 96 hours up to 120 hours.

Lobster Car means any container, enclosure or any other container or contrivance designed to hold and store lobster away from the vessel.

Lobster Crate means a covered container with a volume equal to or less than 3.9 cubic feet.

Mobile Gear means any movable or encircling fishing gear or nets which are set, towed, hauled or dragged through the water for the harvest of fish, squid, and shellfish including but not limited to otter trawls, beam trawls, mid-water trawls, bottom and mid-water pair trawls, Scottish seines, Danish seines, pair seines, purse seines, shellfish dredges, and sea scallop dredges.

Net Hauler means any device capable of pulling all or portions of gillnets out of the sea for the purpose of removing catches of lobster and fish.

Rigged for Netting means a vessel having a trawl net and doors on board.

Trips Greater than Five Days means a trip greater than 120 hours.

(2)Bycatch Limits in Commercial Fisheries.

(a)Non-lobster Commercial Permit Holders. It is unlawful for any person without a commercial lobster permit to land or possess any lobsters.

(b)Mobile Gear. It is unlawful for any person with either an offshore lobster permit or coastal lobster permit fishing or seen fishing with mobile gear to land or possess:

1. any lobsters harvested in waters under the jurisdiction of the Commonwealth; or

2. more than 100-lobsters harvested from federal waters per 24-hour day, provided the vessel they are fishing aboard is properly permitted by NOAA Fisheries to take lobster from federal waters, not to exceed more than 500 lobsters for any fishing trip five days or longer. When the duration of a trip in number of hours, cannot be documented for the Office of Environmental Law Enforcement, the 100-lobster commercial limit shall apply.

(c)Bottom or Sink Gillnets. It is unlawful for any person with an offshore lobster permit or a coastal lobster permit to land or possess more than:

1. 100 lobsters per 24-hour day when fishing or seen fishing with gillnets exclusively in waters outside of the Outer Cape Cod Lobster Conservation Management Area.

2. an amount of lobsters exceeding the capacity of two lobster crates, not to exceed 100 lobsters, per 24-hour day when fishing or seen fishing with gillnets in waters within the Outer Cape Cod Lobster Conservation Management Area (OCCLCMA), or authorized to fish with gillnets in the OCCLCMA. All lobsters retained in accordance with 322 CMR 6.26(2)(c)1. shall be separated from the rest of the catch and stored in lobster crates or placed in lobster crates immediately upon request of law enforcement.

(d)Presumption. It is a rebuttable presumption that a vessel:

1. rigged for netting or equipped with a net hauler, and

2. having both lobster and fish in possession, caught the lobsters with gear other than pots or traps and is thereby subject to the lobster limits described in 322 CMR 6.26.

(3)Duration of Fishing Trips. A vessel landing lobsters taken by any gear other than pots or traps during any fishing trip shall document the hourly duration of the fishing trip through vessel reports or through any other method prescribed by the Director. Such records shall be kept on board the vessel and made available for inspection by any agent of the Director.

(4)Exception. It is lawful for a vessel possessing lobsters caught by mobile gear or gillnets to exceed the daily possession limit as defined by 322 CMR 6.26(2)(b) and (c)1.:

(a) lobsters are held separate from the fishing vessel in holding cars in locations subject to approval of the Director;

(b) the landing limit described in 322 CMR 6.26(2) is not exceeded for any trip;

(c) prior to carring lobsters, fishermen notify the Office of Environmental Law Enforcement of their intent to car lobster and the location of the holding cars;

(d) not more than the daily authorized landing/possession limit are in possession for each day of fishing following notification;

(e) not more than 500 lobsters are in possession at any one time; and

(f) fishermen provide accurate records of their daily fishing activities and amounts of lobster carred each day.

(5)Prohibitions. It is unlawful for any commercial fisherman or vessel fishing gillnets in the Outer Cape Cod Lobster Conservation Management Area (OCCLCMA), or authorized to fish in the OCCLCMA, to store lobster in any lobster car in waters under the jurisdiction of the Commonwealth.