Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.36 - Quahog Dredge Management in State Waters

Current through Register 1525, July 5, 2024
(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.