Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.12 - Fish Pot Fishery Restrictions

Current through Register 1525, July 5, 2024
(1)
Definitions
. For the purposes of 322 CMR 6.12 the
			 following words shall have the following meanings.
Black Sea Bass
means that species
				offish known as
Centropristes striata
.
Black Sea Bass Pot
means any pot or
				trap that has six sides and at least two unobstructed escape vents or openings
				in the parlor section that are at least 2½ inches in diameter, two
				inches square, or 1% inch by 5% inch, and is set on the bottom of the ocean and
				designed to capture black sea bass.
Black Sea Bass Pot Regulated Fishery Permit
				Endorsement
means those limited entry regulated fisbery permit
				endorsements, issued and managed pursuant to M.G.L. c. 130, §§ 2 and
				80 and
				322 CMR
				7.01(4)(a):
Regulated Fishery
and 7.06:
Transfer of Limited Entry
				Permits
, that authorize a named individual to use black sea bass pots
				for the taking of black sea bass for commercial purposes.
Coastal Commercial Lobster Permit
means the commercial fisherman permit, issued and managed pursuant to M.G.L. c.
				130, §§ 37 and 38 and
				322 CMR
				7.01(2):
Commercial
				Fisherman Permits
and 7.03:
Coastal Lobster Permit and Trap
				Allocation Transfer Programs
, that authorizes a named individual to:
				fish for, possess and land lobsters and finfish taken from the waters under the
				jurisdiction of the Commonwealth for commercial purposes.
Commercial Fisherman
means any person
				fishing under the authority of a permit issued in accordance with M.G.L. c.
				130, § 38 or 80 and
				322 CMR
				7.01(2):
Commercial
				Fisherman Permits
for the purpose of sale, barter or exchange, or to
				keep for personal or familial use any fish or shellfish taken under the
				authority of the commercial fisherman permit.
Conch Pot
means any pot or trap,
				without side heads or horizontal laths and is set on the bottom of the ocean
				and designed to capture whelks.
Conch Pot Regulated Fishery Permit
				Endorsemen
t means those limited entry regulated fishery permit
				endorsements, issued and managed pursuant to M.G.L. c. 130, §§ 2 and
				80, and
				322 CMR
				7.01(4)(a):
Regulated Fishery
and
				322 CMR
				7.06:
Transfer of Limited Entry
				Permits
, that authorize a named individual to use conch pots for the
				taking of whelks for commercial purposes.
Director
means the Director of the
				Division of Marine Fisheries or his or her designee.
Eel Pot
means any wire pot, trap or
				other device designed to catch eels that is closed on two or three sides with
				an inverted funnel or throat on one or two sides that acts as an
				opening.
Fish or Fishing
means to set pots on
				the ocean bottom.
Fish Pot
means inclusively any black
				sea bass pot or scup pot
Fish Pot Regulated Fishery Permit
				Endorsement
means those limited entry regulated fishery permit
				endorsements, issued and managed pursuant to M.G.L. c. 130, §§ 2 and
				80, and
				322 CMR
				7.01(4)(a):
Regulated Fishery
and
				322 CMR
				7.06:
Transfer of Limited Entry
				Permits
, that authorize a named individual to use for commercial
				purposes black sea bass pots for the taking of black sea bass, scup pots for
				the taking of scup or conch pots for the taking of whelks.
Night Fishing
means to set, haul or
				tend any trap between ½ hour after sunset to ½ hour before
				sunrise.
Parlor Section of a Pot
means that
				compartment of a pot that does not contain bait.
Scup
means that species of fish known
				as
Stenotomus chrysops
.
Scup Pot
means any pot or trap that
				has six sides and at least two unobstructed escape vents or openings in the
				parlor section that are at least 31/10 inches in
				diameter or 2¼ inch square, and is set on the bottom of the ocean and
				designed to capture scup.
Scup Pot Regulated Fishery Permit
				Endorsement
means those regulated fishery permit endorsements,
				issued and managed pursuant to M.G.L. c. 130, §§ 2 and 80, and
				322 CMR
				7.01(4)(a):
Regulated Fishery
and
				322 CMR
				7.06:
Transfer of Limited Entry
				Permits
, that authorize a named individual to use scup pots for the
				taking of scup.
Tautog
means that species offish known
				as
Tautoga onitis
.
Trap
means any lobster trap, modified
				lobster trap, fish pot, conch pot, tautog pot, scup pot, or other device, other
				than weirs or nets, that placed on the ocean bottom and capable of catching
				black sea bass, scup, whelk, tautog, or other species.
Whelk
means those species known as
				Busycon carica (knobbed whelk) and
Busycotypus canaliculatus
(channeled whelk).
(2)
Closed Season
.
(a)
Conch Pots
. From December
			 15th through April 14th
			 it shall be unlawful for any person to take whelks by pots or set, haul, tend
			 or abandon conch pots in the waters under the jurisdiction of the
			 Commonwealth.
(b)
Black
			 Sea Bass Pots
. It shall be unlawful to set, haul, tend or abandon
			 black sea bass pots in the waters under the jurisdiction of the Commonwealth
			 during the period that:
1. Begins on November
			 4th or three days following the effective quota
			 closure date of the commercial scup fishery, as specified in the Declaration of
			 Closure notice published in accordance with
			 322 CMR
			 6.41, whichever occurs first; and
2. Ends on April
			 28th.
(c)
Scup Pots
. It
			 shall be unlawful to set, haul, tend or abandon scup pots in the waters under
			 the jurisdiction of the Commonwealth during the period that:
1. Begins on November
			 4th or three days following the effective quota
			 closure date of the commercial scup fishery, as specified in the Declaration of
			 Closure notice published in accordance with 322 CMR. 6.41, whichever occurs
			 first; and
2. Ends on April
			 28th.