Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 4.00 - Fishing and Shellfish Equipment › Section 4.13 - Trap Gear Marking and Maximum Trawl Length

Current through Register 1525, July 5, 2024
(1)
Definitions
.
Boston Harbor and Its Approaches
means
				those waters under the jurisdiction of the Commonwealth circumscribed by an
				imaginary line beginning at Point Allerton in Hull; thence in an easterly
				direction to the #1 buoy at Thieves Ledge; thence in a northerly direction to
				the BG buoy; thence in a westerly direction to Grovers Cliff in
				Winthrop.
Buoy Line
means the line that extends
				through the water column from the buoy at the surface to a single trap on the
				ocean floor or to a groundline that connects multiple traps on a trap trawl and
				extends no more than 12' from the first trap on the trawl.
Black Sea Bass Pot
means any trap that
				has six sides and at least two unobstructed escape vents or openings in the
				parlor that are at least 2½ inch in diameter, two inches square or
				13/8 inch by
				53/4 inch, and is set on the
				bottom of the ocean and designed to capture black sea bass.
Conch Pot
means any trap without side
				heads or horizontal laths that is set on the bottom of the ocean and designed
				to capture whelks.
East End
means that part of the trawl
				extending from 01° through 180° magnetic.
Fish Pot
means inclusively any black
				sea bass pot or scup pot.
Groundline
means lines connecting
				traps on a trap trawl.
Homeport
means the location assigned
				as vessel's home on its commercial American Lobster Permit issued by NOAA
				Fisheries, or if a federal commercial American Lobster Permit is not held, then
				the Homeport shall mean the location assigned as the vessel's home on its
				Coastal Lobster Permit issued by the Division of Marine Fisheries pursuant to
				322 CMR
				7.01(2):
Commercial
				Fisherman Permits
.
Parlor
means that compartment of a pot
				that does not contain bait.
Recreational Fishing
means the
				non-commercial taking or attempted taking of lobsters and crabs for personal or
				family use, sport or pleasure, which are not to be sold, traded or
				bartered.
Registered under the Laws of the
				Commonwealth
means any individual or vessel which is licensed by
				the Division of Marine Fisheries as evidenced by the issuance and possession of
				a valid commercial Offshore Lobster Permit or Coastal Lobster Permit, issued
				pursuant to
				322 CMR
				7.01(2):
Commercial
				Fisherman Permits
, which may be in addition to any federal
				registration of the vessel.
Scup Pot
means any trap that has six
				sides and at least two unobstructed escape vents or openings in the parlor that
				are at least 31/10 inch in
				diameter or 2¼ inch square that is set on the bottom of the ocean and
				designed to catch scup.
Single
means individually set and
				buoyed traps.
Trap
means any lobster trap, modified
				lobster trap, fish pot, conch pot or any other contrivance, other than nets,
				that is placed on the ocean bottom and designed to catch finfish, whelks
				lobsters or crabs.
Trawls
means a series of single traps
				that are tied together and buoyed at one or both ends.
West End
means that part of a trawl
				extending from 1810 through 00° magnetic.
Vessel
means any waterborn
				craft.
(2)
Buoy
			 and Trap Marking
.
(a) All buoys
			 set by commercial trap fishers permitted in accordance with M.G.L. c. 130,
			 §§ 37, 38 or 80, and
			 322
			 CMR 7.01(2): Commercial
			 Fishing Permits or
			 322
			 CMR 7.01(4): Special
			 Permits, shall be marked with the permit number assigned by the Director. Buoy
			 markings shall not be less than one inch in height nor less than ½ inch
			 in thickness or width of the line.
(b) All traps or cars set by commercial
			 fishers permitted in accordance with M.G.L. c. 130, §§ 37, 38 or 80,
			 and 322 CMR
			 7.01(2):
Commercial
			 Fishing Permits
or
			 322
			 CMR 7.04(4):
Special
			 Permits
, shall be marked with trap tags in accordance with
			 322
			 CMR 6.31:
Trap
			 Tags
.
(c) All buoys set by
			 non-commercial lobster and crab trap fishers, permitted in accordance with
			 M.G.L. c. 130, §§ 37 and 38, and
			 322
			 CMR 7.01(4):
Special
			 Permits
, shall be marked with the letter "N" prior to the permit
			 number assigned by the Director then a dash (-) with a single digit from 0 - 9
			 shall follow the permit number indicating the sequential trap number in the
			 series up to ten traps. Said alpha numerical sequence shall be permanently
			 secured to the inside of the trap through the use of a synthetic plate or by
			 being burned or cut into a wooden lath. Buoy markings shall not be less than
			 one inch in height nor less than ½ inch in thickness or width of the
			 line.