Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.03 - Regulated Multi-species Groundfish

Current through Register 1525, July 5, 2024
(1)
Definitions
. For the purpose of
			 322
			 CMR 6.03, the following words shall have the
			 following meanings:
American Plaice
means that species
				known as
Hippoglossoides platessoides,
and commonly referred
				to as dab or American dab.
Cod
means that species of fish known
				as
Gadus morhua.
Commercial Fisher
means any person
				permitted in accordance with M.G.L. c. 130, § 80 and
				322
				CMR 7.01(2) to retain,
				possess, or land multi-species groundfish for purpose of sale, barter, or
				exchange or who keeps for personal or family use any regulated multi-species
				groundfish taken under the authority of said permit.
For-hire Vessel
means a vessel
				permitted in accordance with
				322
				CMR 7.10(5)(a):
Permit Categories
to carry paying customers for the purpose of
				recreational fishing.
Gonads
means sex glands commonly known
				as ovaries or testes or any portions thereof removed from fish and retained for
				purposes of sale.
Gulf of Maine Groundfish Management
				Area
means those waters under the jurisdiction of the Commonwealth
				north of 42° 00' including waters of Cape Cod Bay and the Cape Cod Canal
				that is bounded to the west by a line drawn from the Massachusetts Maritime
				Academy to the Bell's Neck Rd./Tidal Flats Recreation Area. This area also
				includes all estuaries and salt ponds that drain to these waters.
Haddock
means that species of fish
				known as
Melanogrammus aegleinus
.
Halibut
means that species of fish
				known as
Hippoglossus hippoglossus
.
Land
means to transfer or offload any
				regulated multi-species groundfish onto any vessel, boat, watercraft, land,
				dock, pier, wharf or other artificial structure used for the purpose of
				receiving fish.
Maximum Retention Electronic Monitoring
				Program
means the federal program established pursuant to
				Amendment 23 to the New England Fishery Management Council's Northeast
				Multi-Species Fishery Management Plan and authorized pursuant to 50 CFR Part
				648, for vessels permitted by NOAA Fisheries to participate in the federal
				sector program for the regulated multi-species groundfish fishery and whereby
				all eligible trips are electronically monitored; fish must be handled in view
				of cameras; allowed discarding must occur at controlled points in view of
				cameras; all allocated regulated multi-species groundfish must be retained;
				electronic monitoring is used to verify compliance; and offloads are subject to
				observation by dockside monitors.
Monkfish
means the species of fish
				known as
Lophius americanus
.
Monkfish Tail
means the section
				between the first, short, slender spine of the dorsal fin (fourth cephalic
				spine) and the end of the tail (caudal fin).
Monkfish Whole Weight
means tail
				weight multiplied by 2.91 conversion factor.
Ocean Pout
means the species of fish
				known as
Macrozoarces americanus
.
Pollock
means that species of fish
				known as
Pollachius virens
.
Recreational Fisher
means any person
				who harvests or attempts to harvest fish for personal or family use, sport or
				pleasure, and which are not sold, bartered, or exchanged.
Recreational Fishing
means fishing
				with hand-held gear other than nets for a purpose or use other than sale,
				exchange or barter.
Redfish
means that species of fish
				known as
Sebastes fasciatus
.
Regulated Multi-species Groundfish
means inclusively, American plaice, cod, haddock, halibut, monkfish, ocean
				pout, pollock, redfish, windowpane flounder, winter flounder, witch flounder,
				wolfish and yellowtail flounder.
Southern New England Groundfish Management
				Area
means those waters under the jurisdiction of the Commonwealth
				south of 42°00' excluding waters of Cape Cod Bay, but including Pleasant
				Bay and Nauset Harbor and all connecting embayments in the County of Barnstable
				as well as all estuaries and salt ponds that drain to these waters.
Total Length
means the greatest
				straight line length as measured on a fish with its mouth closed from the
				anterior most tip of the jaw or snout to the farthest end of the tail. For fish
				with forked tails, the upper and lower fork may be squeezed together to measure
				the tail extremity.
Trip
means the time period that begins
				when a fishing vessel departs from a dock, berth, beach, seawall, ramp or port
				to carry out commercial fishing operations and that terminates with a return to
				a dock, berth, seawall, ramp or port.
Windowpane Flounder
means that species
				of fish
Scophthalmus aquosus
.
Winter Flounder
means that species of
				fish known commonly as blackback
Pseudopleuronectes
				americanus
.
Witch Flounder
means gray sole or that
				species of fish known as
Glyptocephalus cynoglossus
.
Wolffish
means that species of fish
				known as
Anarhichas lupus
.
Yellowtail Flounder
means that species
				of fish known as
Limanda ferruginea
.
(2)
Size Limits
.
			 Except as authorized at
			 322
			 CMR 6.03(13)(a), it shall be
			 unlawful to retain, possess or land multispecies groundfish of a total length
			 as set forth below:
(a)
Commercial
			 Fishing
. For commercial fishers and dealers:
1. Cod: less than 19 inches;
2. Dabs: less than 12 inches;
3. Haddock: less than 16 inches;
4. Pollock: less than 19 inches;
5. Yellowtail Flounder: less than 12
			 inches;
6. Halibut: less than 41
			 inches;
7. Monkfish: less than 17
			 inches in total length or monkfish tails less than 11 inches in total
			 length;
8. Windowpane Flounder:
			 less than 12 inches;
9. Winter
			 Flounder: less than 12 inches;
10.
			 Witch Flounder: less than 13 inches; and
11. Redfish: less than seven
			 inches.