322 CMR, § 6.36

Current through Register 1536, December 6, 2024

Section 6.36 - Quahog Dredge Management in State Waters

(1)Definitions.

Batch means all shellfish in each separate container.

Bushel means a standard 32-quart (volume) container.

Dredge means any variety of towed devices which utilize blades, knives or teeth to dig into the substrate and remove shellfish, including the hydraulic dredge which utilizes pumped water to enhance fishing performance.

Effective Fishing Width means the width of the sea bottom from which the dredge collects shellfish, including the width of the blades and carriers, bars, wires, suction heads or similar structures or openings, including any water jet area, which affect the swath or overall width of the path from which the shellfish are taken.

Hinge Width means the distance between the convex apex of the right shell and the convex apex of the left shell, also known as shell thickness.

Quahog means the hard clam or bay quahog (Mercenaria mercenaria), including its various subspecies.

State Waters, for purposes of 322 CMR 6.36, means those waters between the outer jurisdiction of the coastal cities and towns to regulate shellfish pursuant to M.G.L. c. 130, § 52, as appearing on official maps of the Commonwealth prepared pursuant to M.G.L. c. 1, § 3 and the outer fisheries jurisdiction of the Commonwealth (Territorial Sea), including all of Nantucket Sound outside town jurisdiction and west of 70.00E longitude.

(2)Permit. No person may dredge for quahogs in state waters as defined in 322 CMR 6.36(1)(g), unless in possession of a bay quahog dredge regulated fishery permit endorsement, issued by the Director pursuant to 322 CMR 7.01(4)(a): Regulated Fishery Permit Endorsement. The quahog dredging endorsement is not necessary if dredging in city or town waters pursuant to a local shellfish permit.

(3)Quahog Trip Limits. It is unlawful for any person or vessel fishing in state waters to harvest, possess or land more than 40 bushels of quahogs per 24-hour day. No quahog dredging is authorized at night pursuant to 322 CMR 8.03: Night Closure to Mobile Gear Fishing.

(4)Sorting. The catch shall be sorted in the area of harvest, and seed quahogs (less than one inch hinge width) amounting to more than 5% of the catch by count shall be released in the area of harvest. It shall be unlawful to release legal-sized quahogs to change the size composition of the catch. All legal-sized quahogs must be landed in one bushel containers, tagged pursuant to 105 CMR 533.005: Adoption of the National Shellfish Sanitation Program Model Ordinance, and counted as part of the daily limit.

(5)Quahog Gear Restrictions. It shall be unlawful for any person or vessel to dredge for quahogs in state waters using more than one dredge or a dredge with an effective fishing width greater than 48 inches.

(6)Reporting Requirements.

(a) Any person to whom a quahog dredge endorsement is issued must provide the Director with an accurate monthly record of the following:

1. Areas fished;

2. Times fished; and

3. Daily record of quahogs harvested by bushel.

(b) Forms for such reporting may be obtained from the Director.

(c) Failure to supply the Director with an accurate statistical report within five days following the end of the reporting period specified on the form or falsification of any form supplied by the Director shall result in the suspension of the quahog dredge endorsement.