322 CMR, § 6.30

Current through Register 1536, December 6, 2024

Section 6.30 - American Eels

(1)Definitions. The following words and terms shall have the following meanings:

American Eel means that species of eel known as Anguilla rostrata.

Commercial Fisherman 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 Fisherman Permits.

Commercial Quota means the Commonwealth's annual total allowable commercial harvest of American eel as established by the Atlantic States Marine Fisheries Commission, as modified by any quota transfer or any quota overage incurred in the previous year.

Director means the Director of the Massachusetts Division of Marine Fisheries.

Eel Pot or Eel Trap means any wire pot, trap or other device designed to catch eels that is enclosed on two or three sides with an inverted funnel or throat on one or two sides that act as openings.

Fyke Net means any bag-shaped nets designed to catch eels that are held open by hoops and can be linked together to create long chains.

Recreational Fisherman means any person authorized pursuant to M.G.L. c. 130, § 17C and 322 CMR 7.10: Recreational Saltwater Fishing Permits to take or attempt to take finfish for personal or family use, sport or pleasure, and which are not sold, traded or bartered.

(2)Commercial Fishing Permit. A regulated fishery permit endorsement, issued by the Director pursuant to 322 CMR 7.01(4)(a): Regulated Fishery Permit Endorsement, is required to sell eels and to possess while fishing for eels or land eels in a quantity that exceeds the recreational harvest limit for eels at 322 CMR 6.30(6).

(3)Commercial Quota Management. It is unlawful for commercial fishermen to harvest or land American eel when the Commonwealth's commercial quota has been reached and the fishery is closed through a Declaration of Closure issued in accordance with 322 CMR 6.41(2).

(4)Dealers. Dealers who purchase American eels from licensed fishermen shall register with the Division and report all purchases of eels from commercial fishermen to the Division.

(5)Minimum Size. It is unlawful for any person to fish for, take, or have in possession American eels measuring less than nine inches in total length, unless authorized by a special permit issued by the Director in accordance with 322 CMR 7.01(4): Special Permits.

(6)Recreational Harvest Limit. It is unlawful for recreational fishermen to harvest or land more than 25 eels per calendar day, or possess more than 25 eels while fishing. This limit shall apply to the vessel regardless of the number of persons on-board.

Exemption. It is lawful for for-hire permit holders, permitted pursuant to M.G.L. c. 130, § 17C and 322 CMR 7.10(5): Permit Requirements Applicable to For-hire Vessels, to harvest or land up to 50 eels per calendar day, or possess up to 50 eels while fishing. This limit shall apply to the vessel regardless of the number of persons on-board.

(7)Restrictions of Fishing Gear.

(a)Small Mesh Prohibition. During the period of February 15^th through June 15^th, it is unlawful for any person, while in the coastal waters of the Commonwealth or upon the banks of rivers and streams within the coastal waters of the Commonwealth, to abandon, set, possess or have under his or her control any device capable of catching eels with openings or mesh measuring less than inch inside diameter. These devices include, but are not limited to, dip nets, set nets, fyke nets and traps adapted for the taking of juvenile eels.

(b)Eel Pot Restrictions. It is unlawful to abandon, set, possess or have under his or her control any eel pot that does not have a wire mesh of at least 1/2 x 1/2 inch inside area.

(c)Other Gear Restrictions. During the period of September 1^st through December 31^st, it is unlawful to harvest American eels with any gear except for rod and reel, eel pots, eel traps and spears.

322 CMR, § 6.30

Amended, Mass Register Issue 1262, eff. 6/6/2014.

Amended by Mass Register Issue 1294, eff. 8/28/2015.

Amended by Mass Register Issue 1319, eff. 5/9/2016.

Amended by Mass Register Issue 1324, eff. 10/21/2016.

Amended by Mass Register Issue 1336, eff. 4/7/2017.

Amended by Mass Register Issue 1345, eff. 8/11/2017.

Amended by Mass Register Issue 1363, eff. 4/20/2018.

Amended by Mass Register Issue 1370, eff. 7/27/2018.

Amended by Mass Register Issue 1396, eff. 4/16/2019.

Amended by Mass Register Issue 1416, eff. 5/1/2020.

Amended by Mass Register Issue 1463, eff. 2/18/2022.

Amended by Mass Register Issue 1469, eff. 5/13/2022.

Amended by Mass Register Issue 1476, eff. 8/19/2022.

Amended by Mass Register Issue 1481, eff. 10/28/2022.

Amended by Mass Register Issue 1495, eff. 4/28/2023 (EMERGENCY).

Amended by Mass Register Issue 1502, eff. 8/18/2023.

Amended by Mass Register Issue 1520, eff. 4/26/2024.

Amended by Mass Register Issue 1522, eff. 5/2/2024 (EMERGENCY).

Amended by Mass Register Issue 1526, eff. 7/19/2024.