Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.37 - Coastal Shark Conservation and Management

Current through Register 1525, July 5, 2024
(1)
Purpose
.
			 322
			 CMR 6.37 seeks to ensure coordinated state
			 and federal management towards establishing healthy self sustaining populations
			 of Atlantic coastal sharks. Coastal shark conservation and management is
			 interstate and state federal in nature; effective assessment and management can
			 be enhanced through cooperative efforts with all Atlantic state and federal
			 scientists and fisheries managers.
			 322
			 CMR 6.37 creates two groups of sharks:
			 Permitted Species that are allowed to be harvested, and Prohibited Species that
			 are protected and may not be harvested unless specifically authorized by the
			 Director or NOAA Fisheries.
For purposes of
				322
				CMR 6.37, coastal sharks do not include spiny
				dogfish (
Squalus acanthias)
which are managed separately under
				322
				CMR 6.35.
(2)
Definitions
. For
			 the purpose of
			 322
			 CMR 6.37, the following terms shall have the
			 following meanings:
Billfish
. Any Atlantic billfish,
				including blue marlin (
Makaira nigricans
), white marlin
				(
Kajikia albidus
), sailfish (
Istiophorus
				platypterus
), longbill spearfish (
Tetrapturus
				pfluegeri
) or roundscale spearfish (
Tetrapturus
				georgii
).
Circle Hook
. A non-stainless steel
				fishing hook designed and manufactured so that the barb of the hook is not
				offset from the plane of the shank and bend, and is turned perpendicularly back
				towards the shank to form a circular or oval shape.
Director
. The Director of the Division
				of Marine Fisheries.
Division
. The Division of Marine
				Fisheries.
Fork Length
. The straight line
				measurement of a fish from the midpoint of the anterior edge of the fish to the
				fork of the caudal fin. The measurement is not made along the curve of the
				body.
Gillnet
. Any anchored or drifting
				vertical wall of webbing that is buoyed at the top and weighted at the bottom
				and designed to capture fish by entanglement, gilling or wedging.
Haul Back
. Retrieving any dredge,
				trawl, gillnet or longline or other such mobile or fixed fishing gear and
				placing the contents of the catch on the deck or hold of the vessel.
Longline
. Fishing gear that is set
				horizontally, either anchored, floating, or attached to a vessel, that consists
				of a mainline or groundline with three or more leaders or gangions and hooks,
				whether retrieved by hand or mechanical means.
Swordfish
. That species of fish known
				as
Xiphias gladius
.
Tuna
. The order of fish known as
Scombriformes
including the families
Trichiuridae
and
Gempylidea
and the genus
Scomber
and other such species of fishes that are regulated by
				the International Commission for the Conservation of Tunas in the Atlantic
				Ocean.
(3)
List
			 of Species by Groups
. The following sections contain the species
			 categorized as prohibited or permitted. Each species is listed as its common
			 name along with its associated taxonomic name.
(a)
Permitted Shark
			 Species
. The following species are allowed to be harvested under
			 the provisions of
			 322
			 CMR 6.37(4):
Atlantic sharpnose (
Rhizoprionodon
				terraenovae
)
Blacknose (
Carcharhinus acronotus
)
Blacktip (
Carcharhinus limbatus
)
Blue (
Prionace glauca
)
Bonnethead (
Sphyrna tiburo
)
Bull (
Carcharhinus leucas
)
Common thresher (
Alopias vulpinus
)
Finetooth (
Carcharhinus isodon
)
Great hammerhead (
Sphyrna mokarran
)
Lemon (
Negaprion brevirostris
)
Nurse (
Ginglymostoma cirratum
)
Oceanic whitetip (
Carcharhinus
				longimanus
)
Porbeagle (
Lamna nasus
)
Scalloped hammerhead (
Sphyrna lewini
)
Smooth dogfish (
Mustelus canis
)
Smooth hammerhead (
Sphyrna zygaena
)
Spinner (
Carcharhinus brevipinna
)
Tiger (
Galeocerdo cuvier
)
(b)
Prohibited Shark
			 Species
. The following species are prohibited from harvest under
			 the provisions of
			 322CMR
			 6.37(3):
Atlantic angel (
Squatina dumeril
)
Basking (
Cetorhinus maximus
)
Bigeye sand tiger (
Odontaspis noronhai
)
Bigeye sixgill (
Hexanchus nakamurai
)
Bigeye thresher (
Alopias superciliosus
)
Bignose (
Carcharhinus altimus
)
Bluntnose sixgill (
Hexanchus griseus
)
Caribbean reef (
Carcharhinus perezii
)
Caribbean sharpnose (
Rhizoprionodon
				porosus
)
Dusky (
Carcharhinus obscurus
)
Galapagos (
Carcharhinus galapagensis
)
Longfin mako (
Isurus paucus
)
Narrowtooth (
Carcharhinus brachyurus
)
Night (
Carcharhinus signatus
)
Sandbar (
Carcharhinus plumbeus
)
Sand tiger (
Carcharias taurus
)
Sharpnose sevengill (
Heptranchias
				perlo
)
Shortfin mako (
Isurus oxyrinchus
)
Silky (
Carcharhinus falciformis
)
Smalltail (
Carcharhinus porosus
)
Whale (
Rhincodon typus
)
White (
Carcharodon carcharias
)