322 Mass. Reg. 6.33

Current through Register 1521, May 10, 2024
Section 6.33 - Lobster Conservation Management Areas
(1)Definition.

Lobster Conservation Management Area means one of three Recreational Lobster Areas or one of seven Lobster Conservation Management Areas (LCMA) as specified in the Atlantic States Marine Fisheries Commission American Lobster Fishery Management Plan (FMP) and endorsed on the Massachusetts Commercial Fisherman Permit pursuant to 322 CMR 7.01: Form, Use and Contents of Permits.

(2)Area Boundaries.
(a)LCMA 1. Beginning at the Massachusetts/New Hampshire border, following the outer boundary of the territorial waters of New Hampshire and Maine to the US/Canada border, thence to the intersection of LORAN C 9960-Y-44400 with the boundary of the US Exclusive Economic Zone, thence to the intersection of 9960-Y-44400 with 70 E West Longitude, thence following the 70th meridian to its intersection with 9960-W-13700, thence following 9960-W-13700 to its intersection with 9960-Y-44120, thence following 9960-Y-44120 westerly to its intersection with 9960-W-13850, thence following 9960-W-13850 southeasterly to its intersection with 9960-Y-44110, thence following 9960-Y-44110 easterly to Race Point in Province town, thence following the MA shoreline back to the beginning.
(b)Outer Cape LCMA (OCCLCMA). Beginning at Race Point in Province town, following 9960-Y-44110 westerly to its intersection with 9960-W-13850, thence following 9960-W-13850 northwesterly to 9960-Y-44120, thence following 9960-W-44120 easterly to its intersection with 9960-W-13700, thence following 9960-W-13700 southerly to 9960-Y-43780, thence following 9960-Y-43780 westerly to its intersection with 70 E five minutes West Longitude, thence following 70 E five minutes West Longitude north through Nantucket Island to the shoreline of Harwich, thence following the shoreline of Cape Cod east and north back to the beginning.
(c)Overlap- Area 1/OCCLCMA. Beginning at Race Point in Province town, following 9960-Y-44110 westerly to its intersection with 9960-W-13850, thence following 9960-W-13850 southeasterly to its intersection with 9960-X-25330, thence following 9960-X-25330 northeasterly to the shoreline of Great Island in Wellfleet, thence following the shoreline northerly back to the beginning.

Fishermen endorsed for either LCMA 1 or OCLMA may fish in the overlap zone under the rules of the area(s) endorsed on their permits. Fishermen with both areas endorsed must observe the most restrictive rules.

(d)Overlap- Area 1/Area 2. The Cape Cod Canal, from the Massachusetts Maritime Academy pier at the southern end to the end of the east breakwater on the northern end.

Fishermen from either LCMA 1 or LCMA 2 may fish in the overlap zone under the rules of the area(s) endorsed on their permits. Fishermen with both areas endorsed must observe the most restrictive rules.

(e)LCMA 2. Beginning at the shoreline of Harwich, following the 70 E five minutes West Longitude south through the Island of Nantucket to its intersection with 9960-Y-43780, thence following 9960-Y-43780 easterly to its intersection with 9960-W-13700, thence following 9960-W-13700 southerly to its intersection 9960-W-14610, thence following 9960-14610 northerly to the outer boundary of New York territorial waters, thence following the outer boundary of the territorial waters of New York and Rhode Island to the Massachusetts/Rhode Island boundary, thence following the Massachusetts/Rhode Island boundary to the shoreline, thence following the shoreline of Massachusetts back to the beginning.
(f)LCMA 3. All waters of the Exclusive Economic Zone (EEZ) of the United States seaward of LCMA 1, OC, 2, 4, 5, and 6.
(g)Overlap- Area 2/Area 3. Fishermen from either Area 2 or Area 3 may fish in an area bounded as follows under their respective LCMA rules: Beginning at the intersection of 9960-W-13700 and 9960-Y-43700, thence westerly along the 43700 line to the intersection with 9960-W-14610, thence southwesterly along a line whose extension reaches the intersection of 9960-Y-43500 with 9960-X-26400 to 9960-Y-43600, thence easterly along the 43600 line to 9960-W-13700, thence northwesterly along the 13700 line to the beginning.
(h)LCMA 4. All waters including state and federal waters that are near-shore in the northern Mid-Atlantic area, as defined by the area bounded by straight lines connecting the following points:

Point

LATITITUDE (°N)

LONGITUDE (°W)

M

40° 27.5'

72° 14'

N

40° 45.5'

71° 34'

o

41° 07'

71° 43'

P

41° 06.5'

71° 47'

s

40° 58'

72° 00'

T

41° 00.5

72° 00'

From pt. "T", along the NY/NJ coast to pt. "W"

W

39° 50'

74° 09'

V

39° 50'

73° 01'

u

40° 12.5'

72° 48.5'

From pt. "U" back to pt. "M".

(i)LCMA 5. All waters including state and federal waters that are near-shore in the southern Mid-Atlantic area, as defined by the area bounded by straight lines connecting the following points, in the order stated:

Point

LATITITUDE (°N)

LONGITUDE (°W)

W

39° 50'

74° 09'

V

39° 50'

73° 01'

X

38° 39.5'

73° 40'

Y

38° 12'

73° 55'

Z

37° 12'

74° 44'

ZA

35° 34'

74° 51'

ZB

35° 14.5'

75° 31'

From pt "ZB", along the coasts of NC/VA/MD/DE/NJ back to pt. "W".

(j)LCMA 6. All state waters as defined by the area bounded by straight lines connecting the following points, in the order stated:

Point

LATITITUDE (°N)

LONGITUDE (°W)

T

41° 00.5'

72° 00'

S

40° 58'

72° 00'

From pt. "S", boundary follows the three mile limit of NY state waters as it curves around Montauk Pt. To pt. "P"

P

41° 06.5'

71° 47'

Q

41° 18'30"

71° 54'30"

R

41° 11'30"

71° 47'15"

From pt. "R", along the maritime boundary between CT & RI to the coast; then west along the coast of CT to the western entrance of Long Island Sound; then east along the NY coast of Long Island Sound and back to pt. "T".

(k)Gulf of Maine Recreational Lobster Area means those state waters north of Cape Cod Bay to the New Hampshire border including waters of the Cape Cod Canal.
(l)Outer Cape Cod Recreational Lobster Area means all state waters eastward of 70° longitude off Nantucket and eastward and northward of Outer Cape Cod from Chatham to Provincetown's Race Point, including a portion of upper Cape Cod Bay as defined by a line drawn from the three nautical mile line northwest of race Point at 42° 7 minutes latitude and 70° 16 minutes longitude south to the Race Point Buoy then southeast to the Wood End Buoy and east to the shoreline at 42° 01.32 minutes latitude and 70° 05.26 minutes longitude.
(m)Southern New England Recreational Lobster Area means those statewters west of 70° and south of Cape Cod.

Click to view image

322 CMR 6.33

Amended, Mass Register Issue 1261, eff. 5/23/2014.
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 1363, eff. 4/20/2018.
Amended by Mass Register Issue 1405, eff. 11/29/2019.