Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.19 - Edible Crab Management

Current through Register 1525, July 5, 2024
(1)
Definitions
. For the purpose of 322 CMR 6.19, the
			 following words shall have the following meaning:
Asian Shore Crab
means that species of
				crustacean known as
Hemigrapsus sanguineus
.
Blue Crab
means that species of
				crustacean known as
Callinectes sapidus
.
Cancer Crab
means that genus of
				crustacean that includes Jonah crab (
Cancer borealis
) and rock
				crab (
Cancer irroratus
).
Commercial Fisherman
means any person
				who holds a commercial coastal or offshore lobster permit, issued by the
				Director in accordance with M.G.L. c. 130, §§ 37, 38 and 80, and
				322 CMR
				7.01(2):
Commercial
				Fisherman Permits
,
				322
				CMR 7.03:
Coastal Lobster Permit and
				Trap Allocation Transfer Programs
and
				322
				CMR 7.08:
Offshore Lobster Fishery
				Control Date and Moratorium
, to take, possess and land lobsters and
				edible crabs in the Commonwealth of Massachusetts for the purpose of sale,
				barter, or exchange or keep for personal or family use any edible crabs,
				including Cancer crabs, taken under the authority of the commercial coastal or
				offshore lobster permit.
Dealer
means wholesale or retail
				seafood dealer permitted by the Director pursuant to M.G.L. c. 130, § 80,
				and
				322 CMR
				7.01(3):
Dealer
				Permits
.
Director
means the Director of the
				Division of Marine Fisheries or their designee.
Edible Crab
means blue crabs, Cancer
				crabs, and other native species of crabs that are suitable for human
				consumption. This shall not include species of non-native crabs including, but
				not limited to, the European green crab or the Asian shore crab.
Gillnet
means any anchored vertical
				wall of webbing that is buoyed at the top and weighted at the bottom and is
				designed to capture fish by entanglement, gilling or wedging.
Green Crab
means that species of
				crustacean known as
Carcinus maenas
.
Incidental Catch
means fish, shellfish
				or other marine species, taken by a gear that is not the primary species
				targeted by that gear.
Jonah Crab
means the species of
				crustacean known as
Cancer borealis
.
Mobile Gear
means any moveable or
				encircling fishing gear or nets which are towed, hauled or dragged through the
				water for the harvest of fish including, but not limited to, pair trawls, otter
				trawls, beam trawls, midwater trawls, Scottish seines, Danish seines, pair
				seines, purse seines or shellfish dredges.
Open or Collapsible Trap
means any
				collapsible device constructed of wire or other material that is fished in an
				open configuration until retrieved.
Recreational Fisherman
means any
				person who takes, possesses or lands edible crabsin the Commonwealth for
				personal or family use, sport or pleasure, which are not to be sold, traded or
				bartered.
Rock Crab
means that species of crab
				known as
Cancer irroratus
.
Trap
means any lobster trap, modified
				lobster trap, fish pot, fish trap, conch pot, scup pot or other, other than
				nets, that is five or six sided, placed on the ocean bottom, and designed to
				catch lobsters, crabs or finfish.
(2)
Permit
			 Requirements
.
(a)
Commercial
. A commercial coastal lobster permit,
			 issued by the Director in accordance with M.G.L. c. 130 §§ 2, 37, 38
			 and 80, and
			 322 CMR
			 7.01(2):
Commercial
			 Fisherman Permits
and
			 322
			 CMR 7.03:
Coastal Lobster Permit and
			 Trap Allocation Transfer Programs
, is required to retain, possess, or
			 land edible crabs by any method or gear in the Commonwealth of Massachusetts
			 for the purpose of sale, barter, or exchange.
(b)
Non-commercial
.
			 A non-commercial lobster and edible crab permit, issued by the Director in
			 accordance with M.G.L. c. 130 § 38, and
			 322 CMR
			 7.01(4)(b)2., is required to
			 fish for edible crabs with trap gear or retain, possess, or land edible crabs
			 taken by trap gear in the waters under the jurisdiction of the Commonwealth of
			 Massachusetts for personal or familial use and which are not to be sold,
			 traded, or bartered. No permit is required to fish for, retain, or land edible
			 crabs taken by hand, handline, dip net, or open and collapsible
			 trap.