322 CMR, § 8.05

Current through Register 1538, January 3, 2025

Section 8.05 - Commercial Groundfish Closures

(1)Definition.

Regulated Groundfish Species means those regulated groundfish species defined at 322 CMR 6.03(1): Definitions, which include: American plaice, cod, haddock, halibut, monkfish, ocean pout, pollock, redfish, windowpane flounder, winter flounder, witch flounder, wolfish and yellowtail flounder.

(2)April 15^th through April 30^th from Plymouth to New Hampshire Border. Except as provided at 322 CMR 8.05(9), from April 15^th through April 30^th, it shall be unlawful for commercial fishermen to fish for, possess, or land regulated groundfish species taken within the waters under the jurisdiction of the Commonwealth between 42°00' north latitude north to the Massachusetts/ New Hampshire border.

(3)May in Massachusetts Bay from Boston to the New Hampshire Border. Except as provided at 322 CMR 8.05(9), from May 1st through May 31st, it is unlawful for a commercial fisher to fish for, possess or land regulated groundfish species taken within the waters under the jurisdiction of the Commonwealth from latitude 42°25' north to the Massachusetts/New Hampshire border.

(4)June in Upper Massachusetts Bay and Ipswich Bay from Marblehead to the New Hampshire Border. Except as provided in 322 CMR 8.05(9), during June 1^st through June 30^th, it is unlawful for commercial fishermen to fish for, possess or land regulated groundfish species taken within the waters under the jurisdiction of the Commonwealth from latitude 42E30' north to the Massachusetts/New Hampshire border.

(5)October through January Closure in Massachusetts Bay and Upper Cape Cod Bay. Except as provided at 322 CMR 8.05(9), from October 1^st through January 31^st, it is unlawful for commercial fishermen to fish for, possess or land regulated groundfish species within the waters under the jurisdiction of the Commonwealth from latitude 42E00' north, south of latitude 42E30' north and west of longitude 70E24' west.

(6)May Closure East of Cape Cod. Except as provided at 322 CMR 8.05(9), during May 1^stthrough May 31^st, it is unlawful for commercial fishermen to retain, possess or fish for any regulated groundfish species within the waters under the jurisdiction of the Commonwealth east of Cape Cod south of latitude 42E00' north and east of longitude 70E00 west.

(7)Gear Types. Except as provided at 322 CMR 8.05(9), these closures apply to any gear capable of catching groundfish including, but not limited to, sink gillnets, otter trawls, line trawls, and hook and line.

(8)Experimental Fishery. The Director, under the authority at M.G.L. c. 130, § 80, and 322 CMR 7.01(7): Conditions, may authorize experimental fishery activities for fishing for species with certain gear types in the aforementioned closed areas and times to investigate catchby-catch composition to ascertain the need for potential future exemptions.

(9)Exemptions.

(a) The closures at 322 CMR 8.05(2) through (6) do not apply to the lawful use of hook and lines for the purpose of catching dogfish, bluefish, striped bass, Atlantic bluefin tuna and mackerel; mid-water trawls; pots and traps; sea scallop, ocean quahog and surf clam dredges; and cast nets, surface gillnets and purse seines.

(b) A vessel may fish with a small-mesh raised footrope trawl in a portion of upper Cape Cod Bay during October and November subject to the rules in 322 CMR 4.06(4)(c): Exempted Small Mesh Fisheries and 322 CMR 8.06.

(c) A vessel in possession of groundfish may transit through the closures at 322 CMR 8.05(2) through (6), provided that the groundfish was lawfully caught outside of the closure areas and the vessel is not engaged in any fishing activity while inside the groundfish closure areas.