reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.35 - Spiny Dogfish Management

Current through Register 1525, July 5, 2024
(1)
Definitions
. For the purposes of
			 322
			 CMR 6.35, the following terms shall have the
			 following meanings:
Fin or Finning
means the act of taking
				a spiny dogfish and removing the fins.
Night
means the time between ½
				hour after sunset to ½ hour before sunrise during the period March
				1st through October 31st
				or from 6:00 P.M. to 6:00 A.M. during the period November 1st
				  through the last day of February.
Spiny Dogfish
means that species of
				fish known as
Squalus acanthias
.
Spiny Dogfish Commercial Quota
means
				the allowable annual commercial harvest of spiny dogfish, as specified by the
				Atlantic States Marine Fisheries Commission under the authority of the
				interstate and federal management plans.
(2)
Permit
. A
			 regulated fishery permit endorsement, issued by the Director pursuant to
			 322
			 CMR 7.01(4)(a):
Regulated Fishery Permit Endorsement
shall be required of all
			 commercial fishermen taking or landing spiny dogfish in accordance with
			 322
			 CMR 6.35.
(3)
Dealer
			 Authorization
. It is unlawful for dealers, without written
			 authorization from the Director, to purchase spiny dogfish from commercial
			 fishermen.
(4)
Dealer
			 Reporting
. Dealers shall report all purchases of spiny dogfish by
			 phone and in writing based on schedules established and on forms to be provided
			 by the Division.
(5)
Possession Limit
. It shall be unlawful for commercial
			 fishermen to possess or land more than 7,500 pounds of spiny dogfish during any
			 trip or calendar day, whichever period of time is longer. To the extent that it
			 is required by the Atlantic States Marine Fisheries Commission or the National
			 Marine Fisheries Service, the Director may adjust the manner and times of
			 taking spiny dogfish, the legal size of spiny dogfish to be taken, and the
			 quantities of spiny dogfish to be taken in accordance with the authority and
			 procedure set forth at
			 322
			 CMR 6.41(2) to make
			 commercial fishery limit adjustments for quota managed species.
(6)
Quota Closure
.
			 It shall be unlawful for a commercial fisherman to retain, possess, or land
			 spiny dogfish once the Director has determined 100% of the spiny dogfish
			 commercial quota has been reached. The quota closure will be enacted and
			 announced in accordance with the procedure set forth at
			 322
			 CMR 6.41(2)(c).
(7)
Prohibitions
. It
			 is unlawful for any person while at sea to fin a spiny dogfish or to possess
			 spiny dogfish fins.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.38 - Shellfish Landing Restrictions Necessitated by Marine Biotoxins

Current through Register 1525, July 5, 2024
(1)
Purpose and
			 Scope
. To protect public health, welfare, and safety, the Director
			 may determine through studies and reports regarding concentration levels of
			 toxic phytoplankton and associated biotoxin levels in certain shellfish species
			 that the harvest of certain species should be restricted. In addition to
			 closures enacted within waters under the jurisdiction of the Commonwealth under
			 authority of M.G.L. c. 130, §§ 74A and 75, the Director may restrict
			 the taking of certain shellfish species and the landing of those products by
			 any vessel registered under the laws of the Commonwealth from areas determined
			 to contain levels of toxic phytoplankton, including waters within the Exclusive
			 Economic Zone, that may place the public health at risk from consumption of
			 shellfish products.
(2)
Emergency Closure Areas
. The Director shall determine
			 areas where the taking of certain shellfish species and shellfish products
			 and/or the landing of such species and product is prohibited to protect public
			 health.
(3)
Prohibited
			 Species and Products
. The Director shall determine those species
			 and products for which it shall be prohibited to harvest and/or possess for
			 commercial or recreational purposes within the Commonwealth.
(4)
Procedure
. These
			 closures and landing prohibitions shall apply to any vessel registered under
			 the laws of the Commonwealth provided that:
(a) a notice has been filed with the
Massachusetts Register;
(b) a copy of the notice has been emailed
via
the Division's email listserve and notice posted on the
			 Division's website; and
(c) said
			 notice contains the rationale for the closure.
After the effective date of the closure the Director shall
				consider any written comments on the closure from the public or state or
				federal agency. Based on these comments the Director may alter, amend or
				rescind the closure pursuant to the procedural requirements of
				322
				CMR 6.38.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.39 - Longfin Squid (Dorytheuthis pealeii) Management

Current through Register 1525, July 5, 2024
(1)
Season
. It is
			 unlawful for any commercial fisherman to land or possess longfin squid using
			 small-mesh otter trawls except as authorized at
			 322
			 CMR 4.06(4)(c)(1)  during
			 the April 23rd  through June
			 9th seasonal small mesh trawl squid fishery within
			 the small mesh squid exempted area, as defined at
			 322
			 CMR 4.06(1):
Definitions,
unless the small mesh trawl squid fishery season
			 is extended by the Director by permit conditions in accordance with M.G.L. c.
			 130, § 80, and
			 322
			 CMR 7.01(7):
Conditions.
(2)
Possession Limits
. It is unlawful for commercial
			 fishermen using mobile gear to land or possess greater than 2,500 pounds of
			 longfin squid per vessel per 24-hour day when:
(a) NOAA Fisheries has announced that the
			 federal incidental trip limit is in effect;
(b) the Director has filed a notice with the
Massachusetts Register
; and
(c) the Director has sent notice
via
the Division's email listserve and posted notice on the
			 Division's website.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.42 - Other Minimum Sizes and Possession Limits

Current through Register 1525, July 5, 2024
(1)
Definitions
.
Sand Lance
means those species of fish
				known as American sand lance (
Ammodytes americanus
) and
				Northern sand lance (
Ammodytes dubius
).
Weakfish
means that species of fish
				known as
Cynoscion regalis.
White Perch
means that species of fish
				known as
Morone americana.
(2)
Sand Lance
. It
			 shall be unlawful for any person to retain, possess or land more than 200
			 pounds of sand lance per calendar day or trip, whichever period of time is
			 longer.
(3)
Weakfish
. It shall be unlawful for:
(a) any person to possess weakfish less than
			 16 inches in total length.
(b)
			 recreational fishermen to possess more than one weakfish per calendar
			 day.
(c) commercial fishermen to
			 retain, possess or land more than 100 pounds of weakfish per calendar day or
			 trip, whichever period is longer.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 7.00 - Permits › Section 7.05 - Coastal Access Permit (CAP)

Current through Register 1525, July 5, 2024
(1) The purpose of
			 322
			 CMR 7.05 is to help prevent:
(a) uncontrolled, opportunistic, new mobile
			 gear fishing effort from developing in state waters by commercial fishermen not
			 traditionally dependent on state waters' fisheries; and
(b) a shift of mobile gear effort from
			 federal to state waters in response to the 50% fishing effort reduction
			 scheduled by the New England Fishery Management Council to occur by 1998 and
			 described in the Council's Amendment #5 to the Northeast Multispecies Fishery
			 Management Plan. Furthermore, its purpose is to establish the basis for
			 developing a more comprehensive limited access program involving additional
			 conservation measures and CAP transfers.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 7.00 - Permits › Section 7.07 - Dealers Acting as Primary Buyers

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of
			 322
			 CMR 7.07 is to establish consistent standards
			 for dealers to purchase certain species from commercial fishermen managed by
			 DMF, including those under commercial quotas pursuant to interstate and federal
			 management plans. To provide a mechanism to collect and verify landings of all
			 species landed and sold in Massachusetts, dealers are required to maintain and
			 report on records concerning sale of fish within Massachusetts. In addition,
			 dealers are required to provide access to said records to law enforcement
			 officials at a permanent place of business within the Commonwealth.
(2)
Definitions
.
Dealer
means any whole sale or retail
				seafood dealer permitted by the Director pursuant to M.G.L. c. 130, § 80,
				and 322 CMR
				7.01(3).
Primary Purchase
means first
				commercial transaction by sale, barter or exchange of any fish or shellfish
				after its harvest.
Quota Managed Species
means those
				species managed by DMF with annual commercial quotas pursuant to interstate
				and/or federal management plans. Quota managed species include striped bass,
				summer flounder, scup, black sea bass, spiny dogfish, squid, bluefish,
				horseshoe crabs and tautog.
(3)
Authorization
.
			 No persons shall make a primary purchase of any species without being properly
			 permitted by DMF as a dealer and authorized as a primary buyer. In addition,
			 dealers buying quota managed species must have written authorization from the
			 Director.
(4)
Dealer
			 Requirements
.
(a) Dealers must
			 have a permanent place of business in Massachusetts. Dealers shall maintain a
			 written record at their Massachusetts place of business of all primary
			 purchases of any species from commercial fishermen in Massachusetts.
(b) Dealers accepting any species from
			 fishermen shall record all purchases at the time of landing with number of
			 containers per species, date, time, fishermen's name and DMF commercial
			 fisherman permit identification number for reporting purposes and inspection by
			 law enforcement officials. Each container shall be labeled with vessel name and
			 fishermen's DMF commercial fisherman permit identification number to identify
			 who the product was purchased from.
(c) Dealers shall report all purchases of all
			 species either electronically or by phone or in writing based on schedules
			 established and on forms provided by the Division.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 7.00 - Permits › Section 7.08 - Offshore Lobster Permit Control Date, Moratorium, and Transfers

Current through Register 1525, July 5, 2024
(1)
Purpose
. The
			 purpose of
			 322
			 CMR 7.08 is to provide the Director and the
			 Marine Fisheries Advisory Commission with controls on the offshore lobster
			 fishery and to prevent holders of both coastal and federal offshore permits on
			 a single vessel from increasing the cumulative effort attributable to both
			 permits. The implementation of the control date and moratorium will prevent
			 increases in lobster effort to accomplish the goals and objectives of the
			 interstate lobster management plan.
(2)
Definitions
.
Offshore Lobster Permit
means the
				commercial fisherman permit, issued and managed pursuant to M.G.L. c. 130,
				§§ 2 and 38, and
				322 CMR 7.01(2)
				 and 322 CMR 7.08, that authorizes the permit
				holder to possess and land lobsters harvested from waters outside the
				jurisdiction of the Commonwealth using a vessel registered under the laws of
				the state and validly endorsed for FCZ fishing.
(3)
Moratorium
.
			 After February 6, 2003, the Director may not issue new offshore lobster permits
			 for the purpose of landing lobsters taken with traps from federal waters. The
			 Director shall renew all existing Offshore Commercial Lobster Permits in
			 accordance with M.G.L. c. 130, § 38B, and
			 322 CMR
			 7.01(2)(b), provided that
			 catch reports and renewal applications are received by February
			 28th and the renewal process, including late
			 renewals approved for sufficient cause, is completed prior to December
			 31st of any year.
Exception
. Holders of federal permits
				authorized to fish traps in Lobster Conservation Management Area 2 and 3 may
				apply to the Director for a new offshore landing permit. The Director may issue
				the permit if it is determined to result in no increased trap fishing effort in
				waters adjacent to Massachusetts.
(4)
Transfers of Offshore Lobster
			 Permits
.
(a)
Transfer Eligibility Criteria
. Limited entry Offshore
			 Lobster permits are non-transferable unless approved by the Director. The
			 Director may approve the transfer of a limited entry Offshore Lobster permit
			 subject to the following criteria:
1. The
			 holder of the Offshore Lobster permit is in good standing with the marine
			 fisheries laws and regulations at M.G.L. c. 130, and 322 CMR.
2. The limited entry Offshore Lobster permit
			 is being transferred in conjunction with a Federal American Lobster Trap permit
			 that has been held on the same vessel for at least one year.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 7.00 - Permits › Section 7.10 - Recreational Saltwater Fishing Permits

Current through Register 1525, July 5, 2024
(1)
Authority and Purpose
.
(a) The Director is authorized, pursuant to
			 St. 2009, c. 161, § 8, to establish the Commonwealth's recreational
			 saltwater fishing permit program in compliance with the state exemption
			 requirements of section 401(g)(2) of the Magnuson-Stevens Fishery Conservation
			 and Management Act,
			 16 U.S.C.
			 1881 (the "Federal Act"). The Director,
			 pursuant to his authority under the Federal Act, and M.G.L. c. 130,
			 §§ 17 and 17A, has promulgated 322 CMR 7.10 for the purposes of
			 implementing the state recreational saltwater fishing permit program in
			 regulation.
(b)322 CMR 7.10
			 identifies the persons who must apply for or are exempt from a recreational
			 saltwater fishing permit, sets forth the application and permit requirements
			 applicable to individual and for-hire permits, and gives notice of the
			 penalties that may be assessed against persons who violate M.G.L. c. 130,
			 § 17C, or 322 CMR 7.10.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 8.00 - Coastal Fisheries and Conservation Management › Section 8.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
The Massachusetts Marine Fisheries Advisory Commission,
				concerned about impacts from increased fishing effort on the Commonwealth's
				inshore fisheries resources, has adopted conservation and management strategies
				to cap fishing effort in state waters and has established timetables for
				further actions in the future. Regulations which implement these strategies are
				designed to address both the recent, sharp decline in abundance of many of the
				most important fisheries resources inhabiting state waters and the poor
				near-term prospects for inshore fisheries. Inshore fisheries resources are
				limited and stressed, and overall fishing pressure is
				increasing.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 8.00 - Coastal Fisheries and Conservation Management › Section 8.02 - Definitions

Current through Register 1525, July 5, 2024
For purposes of 322 CMR 8.00:
At-sea
means any location in all
				waters under the jurisdiction of the Commonwealth including within harbors. For
				the purposes of 322 CMR 8.00, vessels that are moored, tied to other vessels,
				or docked at a pier are considered "at-sea". Vessels on the water are
				at-sea.
At-sea Processing
means to fillet or
				freeze fish, or to freeze or shuck shellfish at-sea.
At-sea Transfer
means to convey or
				move fish or shellfish from one vessel to another vessel at-sea.
Commercial Fishing
means fishing for
				purposes of sale, barter or exchange.
Director
means the Director of the
				Division of Marine Fisheries or his or her designee.
Division
means the Massachusetts
				Division of Marine Fisheries.
Fishing
or
Fish
				For
means to harvest, catch or take or attempt to harvest, catch
				or take any fish or shellfish for commercial purposes. For vessels using trawl
				gear, a vessel is presumed to be fishing unless its trawl doors (if present)
				are out of the water and secured to the vessel's side or stern or unless the
				mouth of the net is out of the water and secured to the vessel's side or
				stern.
Line Trawl
means any fishing gear
				having a single anchored and weighted main line to which many gangions or
				leaders are attached, each armed with a hook.
Person
means any individual, including
				the captain, master or crew member of a fishing vessel, or any firm,
				partnership, corporation or other business entity.
Recreational Fishing
means fishing for
				purposes of personal or family use by angling.
Registered Length
means the official
				length of a commercial fishing vessel documented by and found in the records of
				the United States Coast Guard.
Shoreline
means the mean low water
				mark unless otherwise provided.
Trawl
means any mobile fishing gear or
				nets which are towed, hauled, or dragged through the water for the harvest of
				fish including, but not limited to, otter trawls, beam trawls, pair trawls,
				scottish seines, danish seines, or pair seines.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 8.00 - Coastal Fisheries and Conservation Management › Section 8.06 - Upper Cape Cod Fixed Gear-free Zone

Current through Register 1525, July 5, 2024
During the period September 1st
				through October 31st, it shall be unlawful to set,
				store, or abandon traps or gillnets within those waters under the jurisdiction
				of the Commonwealth bound by an imaginary straight line that begins where
				70° 25' west longitude intersects with the three nautical mile line, as
				described on NOAA Chart #13246; thence in a south southeasterly direction to
				where it intersects with 42° 0.59' north latitude and 70° 19.54 west
				longitude; thence in an east northeasterly direction to where it intersects
				with 42° 189' north latitude and 70° 14.77' west longitude; thence in a
				north northwesterly direction to where it intersects with 42° 4.71' north
				latitude and 70° 16.9' west longitude; thence in a east northeasterly
				direction to where it intersects with 42° 5.26' north latitude and 70°
				14.94' west longitude; thence in a north northwesterly direction to where it
				intersects 70° 16.33' west longitude and the three nautical mile line, as
				described on NOAA Chart #13246; thence following the three nautical mile line,
				as described on NOAA Chart #13246, westward until it intersects with the
				original coordinate.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 8.00 - Coastal Fisheries and Conservation Management › Section 8.07 - Seasonal Cod Spawning Protections Mesh Size Restrictions

Current through Register 1525, July 5, 2024
(1)
Winter Cod Conservation
			 Zone
.
(a)
Boundaries
. For purposes of
			 322
			 CMR 8.07 the Winter Cod Conservation Zone
			 shall apply to the area within the waters under the jurisdiction of the
			 Commonwealth bounded by straight lines connecting the following points in the
			 order stated starting from the point furthest south and west:
Point
North
							 Latitude
West
							 Longitude
WCCZ1
42 degrees 21.0'
MA Coast
WCCZ2
42 degrees 21.0'
70 degrees 40.0'
WCCZ3
42 degrees 23.6'
70 degrees 39.2'
WCCZ4
42 degrees 27.5'
70 degrees 42.4'
WCCZ5
42 degrees 27.5'
MA Coast
The following map depicts the Cod Conservation Zone and its
				coordinates.
Winter Cod Conservation Zone
Click to
				view image
(b)
Season
. The restricted season shall be November
			 15th through January
			 31st.
(c)
Fishing
			 Prohibitions
.
1. It is unlawful
			 for any person to take, possess or land cod from the Winter Cod Conservation
			 Zone during the restricted season.
2. It is unlawful for any person to fish,
			 set, or abandon any gear capable of harvesting cod in the Winter Cod
			 Conservation Zone during the restricted season. 322 CMR 8.07(1) shall apply to
			 all gillnets, otter trawls, mid-water trawls, seines, and all hook-and-line
			 gears including longlines, rod-and-reel, and handlines.
(d)
Exemptions
.
1. It shall be lawful for persons to transit
			 the Winter Cod Conservation Zone in the possession of cod, provided the cod was
			 caught outside of the Winter Cod Conservation Zone and all fishing gear is
			 stowed.
2. Lawfully permitted
			 persons may set and tend lobster traps and set and haul dredges for scallops
			 and urchins in the Winter Cod Conservation Zone during the restricted
			 season.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 8.00 - Coastal Fisheries and Conservation Management › Section 8.09 - Restrictions on Fishing in Certain Artificial Reef Areas

Current through Register 1525, July 5, 2024
(1)
Purpose
.
			 322
			 CMR 8.09 restricts commercial fishing
			 activity and other deployment of buoyed vertical lines in designated
			 recreational fishing reef areas. These restrictions are being implemented to
			 prevent gear and user group conflicts that may result from commercial fishing
			 or the presence of buoyed vertical lines occurring in areas designated for
			 recreational fishing.
(2)
Definitions
. For the purpose of
			 322
			 CMR 8.09, the following words shall have the
			 following meaning:
Commercial Fishing
means to take or
				harvest, or attempt to take or harvest, any fish or shellfish for the purposes
				of sale, barter or exchange or to keep for personal or family use any fish or
				shellfish taken under the authority of a commercial permit issued by the
				Director. This includes, but is not limited to, the setting or hauling of any
				fixed or mobile gear.
Fixed Gear
means any bottom or sink
				gillnets, or pots or traps that are set on the ocean bottom or in the water
				column and are usually connected to lines that extend to the water's
				surface.
Mobile Gear
means any moveable fishing
				gear or nets which are towed, hauled or dragged through the water for the
				harvest of finfish or shellfish.
Recreational Fishing
means the
				non-commercial taking or attempted taking of finfish for personal or family
				use, sport or please, which are not sold, traded or bartered.
(3)
Harwich Recreational Fishing
			 Reef Boundaries
. The Harwich Recreational Fishing Reef is bounded
			 by straight line drawn between the following coordinates:
Coordinate
Latitude
Longitude
NE Corner
41°62755'N
-70°06769 W
NW Corner
41°62755'N
-70°07251W
SW Corner
41°62395'N
-70°07251W
SE Corner
41°62395'N
-70°06769 W
(4)
Restrictions
. It shall be unlawful for any person
			 within the Harwich Recreational Fishing Reef Boundaries:
(a) to conduct commercial fishing
			 activity;
(b) to set, fish or
			 abandon any recreational lobster or crab traps; and
(c) to set or abandon any buoyed vertical
			 line for any other purpose.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 9.00 - Management of Sea Herring › Section 9.01 - Definitions

Current through Register 1525, July 5, 2024
For purposes of
				322 CMR
				9.00 only, the following words shall have the
				following meanings:
Commercial fisherman
means any person
				who may catch, possess and land Atlantic sea herring for the purpose of sale
				barter or exchange or keeps for personal use any Atlantic sea herring taken
				under the authority of a commercial fishing permit and regulated fishery permit
				endorsement for sea herring issued by the Director under the authority at
				322 CMR
				7.01.
Division
means the Division of Marine
				Fisheries.
Fish For
means to harvest, catch or
				take, or attempt to harvest, catch or take any sea herring by any method or
				means.
Gonadal Somatic Index
or
GSI
means the calculation of female herring gonad mass
				as a proportion of total body mass used to measure maturity, obtained by the
				formula: [Gonad weight/(total body weight - gonad weight)] x 100.
Land
means to transfer the catch of
				any sea herring from any vessel onto any land or dock, pier, wharf, or other
				artificial structure.
Management Area
means one of the four
				Management Areas - 1A, 1B, 2 and 3 - as specified in the Atlantic States Marine
				Fisheries Commission Atlantic Herring Fishery Management Plan (FMP) and NOAA
				Fisheries federal fishery management plan.
Management Area Quotas
means that
				portion of the quota that is allocated to a Management Area as specified by the
				Atlantic States Marine Fisheries Commission under the authority of the
				interstate and federal management plans.
Massachusetts/New Hampshire Spawning
				Area
means all waters north of Cape Cod bounded by the
				Massachusetts, New Hampshire and Maine coasts and 43/30' north latitude and
				70/00' west longitude.
Primary Buyer
means any dealer
				authorized by the Director, pursuant to M.G.L. c. 130, § 80, and
				322 CMR
				7.07:
Dealers Acting as Primary
				Buyers
, to purchase Atlantic sea herring directly from commercial
				fishermen.
Quota
means the allowable annual
				commercial harvest of Atlantic sea herring as specified by the Atlantic States
				Marine Fisheries Commission under the authority of the interstate and federal
				management plans.
Sample
means a batch of 80 or more
				adult herring taken randomly from commercial catch or fish surveys.
Sea Herring
means that species of
				Atlantic sea herring known as
Clupea harengus
.
Spawn Herring
means mature sea
				herring in ICNAF gonadal stages V and VI.
Trip
means the period of time 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 the
				return to a dock, berth, seawall, ramp or port.
Vessel
means any waterborne craft
				registered under the laws of the state as that term is defined in M.G.L. c.
				130, § 1.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 9.00 - Management of Sea Herring › Section 9.02 - Management Area Boundaries

Current through Register 1525, July 5, 2024
(1)
Management Area 1
. All U.S. waters of the Gulf of
			 Maine (GOM) north of a line extending from the eastern shore of Monomoy Island
			 at 41°35' N latitude, 70°00' W longitude, thence northeasterly to a
			 point along the Hague Line at 42°53' 14" N latitude, 67°44' 35" W
			 longitude, thence northerly along the Hague Line to the U.S. Canadian border,
			 to include state and Federal waters adjacent to the States of Maine, New
			 Hampshire, and Massachusetts. Management Area 1 is divided into Area 1A
			 (inshore) and Area 1B (offshore). The line dividing these areas is described by
			 the following coordinates:
N Latitute
W Longitude
41°58'
70°00' at Cape Cod shoreline
42°38'
70°00'
42°53'
69°40'
43°12'
69°00'
43°40'
68°00'
43°58'
67°22' (the U.S.-Canada Maritime Boundary)
(2)
Management Area 2
. All waters west and south of the
			 Cape Cod shoreline at 70°00' W longitude, to include state and Federal
			 waters adjacent to the States of Massachusetts, Rhode Island, Connecticut, New
			 York, New Jersey, Delaware, Maryland, Virginia, and North Carolina.
(3)
Management Area
			 3
. All U.S. waters east of 70 E 00' W longitude and southeast of
			 the line that runs from a point at 70 E 00' W longitude and 41º 35' N
			 latitude, northeasterly to the Hague Line at 67º 44' 35" W longitude and
			 42º 53' 14" N latitude.
(4)
Management Area Map
:
Click to
				view image
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 9.00 - Management of Sea Herring › Section 9.03 - Spawning Herring Protection

Current through Register 1525, July 5, 2024
(1)
Massachusetts/New Hampshire Spawning Area
.
(a)
Massachusetts/New Hampshire
			 Spawning Area Map
.
Click to
				view image
(b)
Massachusetts/New Hampshire Spawning Area Closure
. To
			 protect spawning sea herring, the Director shall close the Massachusetts/New
			 Hampshire Spawning Area to sea herring fishing, as provided in 322 CMR
			 9.03(1)(f), when it is determined that sea herring are in spawning condition.
			 The closure date will be projected in accordance with the formula and process
			 set forth in the Atlantic States Marine Fisheries Commission's Interstate
			 Fishery Management Plan for Sea Herring.
(c)
Closure
			 Duration
. Once the closure is enacted, it shall remain in effect
			 for six weeks, unless extended pursuant to 322 CMR 9.03(1)(d) and
			 (e).
(d)
Closure
			 Procedure
. The closure date shall be announced prior to the
			 closure being enacted by:
1. Filing a
			 Notification of Closure with the Secretary of State;
2. Publishing the Notification of Closure
			 through the Division's electronic listserv and on the Division's website;
			 and
3. Providing a Notification of
			 Closure directly to all primary buyers by e-mail or facsimile.
(e)
Closure
			 Extension
. Sampling of sea herring taken from the
			 Massachusetts/New Hampshire Closure Area shall begin during the last week of
			 the initial closure period or at the end of the initial closure period. If one
			 sample taken from the Massachusetts/New Hampshire Spawning Area is comprised of
			 20% or more spawn herring then the closure shall be extended for an additional
			 14 days. Any closure extension shall be announced in accordance with 322 CMR
			 9.03(d)1. through 3.
(f)
Limits on Sea Herring during the Closure
. During the
			 Massachusetts/New Hampshire Spawning Area Closure, or an extension thereof, it
			 shall be unlawful for any vessel to possess or land more than 2,000 pounds of
			 sea herring caught within the Massachusetts/New Hampshire Spawning
			 Area.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 9.00 - Management of Sea Herring › Section 9.04 - Vessel Size Limit

Current through Register 1525, July 5, 2024
It shall be unlawful for any vessel greater than 165 feet in
				overall length and 3,000 horsepower to land sea herring in the
				Commonwealth.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 9.00 - Management of Sea Herring › Section 9.05 - Fishing Limits for Management Area 1A

Current through Register 1525, July 5, 2024
(1)
January 1
st
through May 31
st. During
			 this period the commercial fishery for Atlantic sea herring in Management Area
			 1A is closed and it shall be unlawful for any commercial fisherman to retain,
			 possess or land any Atlantic sea herring taken from Management Area 1A, except
			 as authorized at 322 CMR 9.05(4).
(2)
June
			 1
st
through December
			 31
st. During this period it shall be
			 unlawful for any commercial fisherman to retain, possess or land any Atlantic
			 sea herring taken from Management Area 1A, except if the commercial fisherman
			 holds a federal category Atlantic sea herring permit and has been issued a
			 Statement of Permit Conditions by the Director, in accordance with
			 322 CMR
			 7.01(7), to implement those
			 landing limits approved by the Atlantic States Marine Fishery Commission's Sea
			 Herring Section.
(3)
Quota Closure
.
a.
Management Area 1A Fishery
. Once 92% of any seasonal
			 quota allocation for Management Area 1A, established by the ASMFC Atlantic Sea
			 Herring Board, is projected to be landed, the Division shall close the Atlantic
			 sea herring fishery in Management Area 1A in accordance with
			 322 CMR
			 6.41(2).
b.
Coastwide Atlantic Sea Herring
			 Fishery
. Once 95% of the annual Atlantic sea herring quota, as
			 established by NOAA Fisheries, is projected to be landed, the Division shall
			 close the Atlantic sea herring fishery in Management Area 1A in accordance with
			 322 CMR
			 6.41(2).
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 10.00 - Management of Moderately Contaminated Shellfish › Section 10.02 - Authorization

Current through Register 1525, July 5, 2024
(1)
Permits
. Any
			 person authorized by
			 322 CMR
			 7.02 as a master digger or subordinate digger
			 conducting activities under said authorization may not at the same time have in
			 their possession a bait permit, a commercial fisherman permit endorsed for
			 shellfish, or a shellfish transaction card unless it is validated for use by a
			 master digger for the sale of purified shellfish. In no instance will a permit
			 to harvest contaminated shellfish from a prohibited area be issued by the
			 Director.
(2)
Areas
. Any person authorized as a master or
			 subordinate digger may harvest moderately contaminated shellfish only from an
			 area or areas classified as restricted and opened for such harvest by written
			 notice of the Director, and if applicable, opened by local officials in
			 accordance with M.G.L. c. 130, § 52.
(3)
Supervision
. The
			 master digger, or his approved supervisor or transportation agent, shall at all
			 times be present and supervise the harvesting, loading and transportation of
			 all moderately contaminated shellfish taken under authority of a master or
			 subordinate digger permit. As a condition to the master digger permit the
			 master digger:
(a) shall be responsible,
			 accountable and liable for all of the shellfish activities of his or her
			 supervisor, transportation agents, and subordinate diggers;
(b) shall maintain an accurate list of
			 subordinate diggers authorized to harvest moderately contaminated shellfish on
			 each day in which harvesting activities take place, except that this
			 requirement shall not apply to the master digger if the duly authorized
			 supervisor maintains the list;
(c)
			 shall not authorize subordinate diggers to dig or take any moderately
			 contaminated shellfish until such time as their true and accurate name and
			 subordinate digger number is entered upon such list, and the area from which
			 harvesting will take place is described to him or her by the master
			 digger;
(d) shall remain informed
			 of the status of each area from which moderately contaminated shellfish is
			 harvested under authority of the master digger permit;
(e) shall receive and accept all regular and
			 certified mail sent to him or her by the Division; and
(f) agrees as a condition to the master
			 digger permit to fully accept the provisions of
			 322 CMR 10.08(6)
			  and
			 10.09.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 10.00 - Management of Moderately Contaminated Shellfish › Section 10.03 - Agents

Current through Register 1525, July 5, 2024
(1)
Supervisors
. A
			 master digger may employ no more than three persons who may also be subordinate
			 diggers to act as supervisors provided that;
(a) the individual is designated as a
			 supervisor on forms supplied by the Director;
(b) the individual designated as a supervisor
			 on such forms is approved in writing by the Director;
(c) the approved supervisor shall be
			 authorized to and responsible for supervising the digging and taking, placement
			 at a landing site, and loading onto a transport vehicle of all moderately
			 contaminated shellfish harvested under authority of a master or subordinate
			 digger permit;
(d) the approved
			 supervisor signs a statement certifying his or her knowledge of and agreement
			 to fully comply with
			 322 CMR
			 7.02:
Master and Subordinate Digger
			 Permits
and 10.00, applicable regulations of DPH, M.G.L. c. 130,
			 §§ 74, 74A, 75 and 80 and any applicable condition or restriction of
			 the master digger permit; and
(e)
			 the approved supervisor carries on his or her person during moderately
			 contaminated shellfishing activities his or her approved authorization form as
			 required by
			 322 CMR
			 7.02(1)(b)  and shall
			 display said authorization on request of any officer authorized to enforce
			 322 CMR
			 7.02:
Master and Subordinate Digger
			 Permits
and 10.00.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 10.00 - Management of Moderately Contaminated Shellfish › Section 10.04 - Containers

Current through Register 1525, July 5, 2024
(1)
Racks
.
			 Immediately upon harvesting, and for the purpose of loading onto a transport
			 vehicle, all moderately contaminated shellfish shall be deposited in a rack
			 that has been approved for such use in writing by DPH.
(2)
Filing
. Said
			 rack shall be filled level with the bottom of the handles with no more nor less
			 than ½ bushel of moderately contaminated shellfish, except the one rack
			 from each day's harvest may contain less than the prescribed amount.
(3)
Contents
. Each
			 rack may not contain any dead or broken shellfish or any foreign
			 matter.
(4)
Washing
. All moderately contaminated shellfish in each
			 rack shall be thoroughly washed prior to its loading onto the transport vehicle
			 with water from the harvest area.
(5)
Condition
. All
			 racks shall be kept in good repair.
(6)
Protrusions
.
			 Racks with protruding wires or staples may not be used.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 10.00 - Management of Moderately Contaminated Shellfish › Section 10.05 - Transportation

Current through Register 1525, July 5, 2024
(1)
Loading
. Except
			 as provided for in
			 322 CMR 10.06 all
			 moderately contaminated shellfish harvested under authority of a master or
			 subordinate digger permit shall be loaded onto a transport vehicle only at an
			 approved landing site designated by the Director.
(2)
Identification
.
			 Moderately contaminated shellfish shall be accurately recorded in the master
			 digger book and physically separated in the transport vehicle by designated
			 area where harvested.
(3)
Route
. Moderately contaminated shellfish shall be
			 transported in the following manner.
(a)
			 immediately upon loading and with no delays to the purification
			 plant;
(b) only in the master
			 digger's approved transport vehicle; and
(c) via the approved route or routes
			 designated and authorized by the Director.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 10.00 - Management of Moderately Contaminated Shellfish › Section 10.06 - Hold-over

Current through Register 1525, July 5, 2024
(1) Moderately contaminated shellfish may be
			 held-over for delivery to the purification plant in the case of a demonstrated
			 emergency notwithstanding
			 322 CMR 10.05
			 provided that such hold-over has been approved in advance by an environmental
			 police officer or a duly appointed and authorized shellfish constable, and
			 provided further that said officer or constable notifies the Division of Law
			 Enforcement through its radio room of such approval.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 10.00 - Management of Moderately Contaminated Shellfish › Section 10.07 - Records

Current through Register 1525, July 5, 2024
(1)
Books
. Master
			 diggers shall maintain complete and accurate records of their moderately
			 contaminated shellfishing activities written in ink, in books supplied by the
			 Director.
(2)
Entries
. The master digger shall accurately record in
			 such books, in triplicate, by date:
(a) the
			 amount of moderately contaminated shellfish harvested;
(b) the location where the harvesting
			 occurred; and
(c) all entries shall
			 be made subsequent to the loading of moderately contaminated shellfish on the
			 transport vehicle but prior to the moment at which the transport vehicle
			 departs from the landing site.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 10.00 - Management of Moderately Contaminated Shellfish › Section 10.08 - Purification

Current through Register 1525, July 5, 2024
(1)
Responsibility
.
			 The master digger shall be responsible for all moderately contaminated
			 shellfish delivered to the purification plant.
(2)
Pick-up
. The
			 master digger shall pick up all of his or her purified shellfish within 24
			 hours after its purification. Unclaimed shellfish shall be disposed of at the
			 discretion of the plant supervisor.
(3)
Records
. Prior
			 to departing with the purified shellfish, the master digger shall record the
			 amount of all purified shellfish released to his or her custody, the date of
			 release and the designated area from which the purified shellfish had been
			 harvested.
(4)
Tags
. Prior to departing with the purified shellfish,
			 the master digger shall supply and place a tag in each rack of purified
			 shellfish or attach a tag to each rack by means other than by staples. Said tag
			 shall be durable, of water proof material and contain the following
			 information:
(a) the name of the master
			 digger;
(b) the permit number of
			 the master digger;
(c) the date
			 when the purified shellfish was originally harvested;
(d) the designated area from which the
			 purified shellfish was harvested;
(e) a Division stamp affixed by an official
			 of the purification plant.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 10.00 - Management of Moderately Contaminated Shellfish › Section 10.09 - Shellfish Release

Current through Register 1525, July 5, 2024
If upon completion of the first 48 hour purification period the
				shellfish delivered does not meet the required purification standards as
				established by DPH, an additional purification period may be attempted. If upon
				completion of an additional 24 hour purification period the shellfish do not
				meet or exceed the purification standards as established by DPH, the shellfish
				may not be released to the master digger but shall instead be disposed of by
				the purification plant supervisor in the best interests of the Commonwealth.
				The Commonwealth, the Division and its officials and employees shall not be
				liable to the master digger for any claim of any kind arising out of the
				disposition of the shellfish.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 10.00 - Management of Moderately Contaminated Shellfish › Section 10.11 - Penalties

Current through Register 1525, July 5, 2024
A violation of any provision of
				322 CMR 10.00 may result
				in:
(1) a fine of not less than $50
			 nor more than $1,000;
(2) the
			 seizure and forfeiture of all shellfish unlawfully taken, possessed or
			 sold;
(3) the seizure and
			 forfeiture of all shellfishing gear, equipment and the transport
			 vehicle;
(4) suspension or
			 revocation of the master digger permit or subordinate digger permit in
			 accordance with
			 322 CMR
			 7.02(b);
(5) suspension or revocation of any agent
			 authorization;
(6) enforcing the
			 terms and conditions of the applicable bond maintained pursuant to
			 322 CMR
			 7.02(2)(b); or
(7) any combination of the above.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 12.00 - Protected Species › Section 12.04 - Fixed Gear Seasonal Closures

Current through Register 1525, July 5, 2024
(1)
Gillnet Closure to Protect Right Whales
. It shall be
			 unlawful for any commercial fisher to fish, set, maintain, or abandon any sink
			 gillnets within the waters under the jurisdiction of the Commonwealth during
			 the period of January 1st through May
			 15th. This closure may be extended past May
			 15th or rescinded after April
			 30th based on the presence or absence of right
			 whales, in accordance with the process set forth at
			 322
			 CMR 12.04(4).
(2)
Commercial Trap Gear Closure
			 to Protect Right Whales
. It shall be unlawful for any commercial
			 fisher to fish, set, maintain, or abandon any trap gear in any waters under the
			 jurisdiction of the Commonwealth from February 1st
			 through May 15th. This closure may be extended past
			 May 15th or rescinded after April
			 30th based on the presence or absence of right
			 whales, in accordance with the process set forth at
			 322
			 CMR 12.04(4).
Exception
: This shall not apply to
				those waters under the jurisdiction of the Commonwealth within Lobster
				Management Area 2, as defined at
				322
				CMR 6.33(2)(e): LCMA
				2.
(3)
Recreational Lobster and Crab Trap Closure to Protect Right
			 Whales
. It shall be unlawful for any recreational fisher to fish,
			 set, maintain, or abandon any buoyed lobster and crab trap gear in any waters
			 under the jurisdiction of the Commonwealth during the period of November
			 1st through May 15th.
			 This closure may be extended past May 15th or
			 rescinded after April 30th based on the presence or
			 absence of right whales, in accordance with the process set forth at
			 322
			 CMR 12.04(4).
Exception
: This shall not apply to any
				buoyless recreational lobster and crab trap gear fished from the
				shoreline.
(4)
Notice of Declaration to Amend Timing of Fixed Gear Seasonal
			 Closures
. The Director, through Notice of Declaration, may adjust
			 the duration of the fixed gear seasonal closures at
			 322
			 CMR 12.04, as reasonably necessary to prevent
			 the entanglements of the North Atlantic right whale in fixed fishing gear based
			 on the Director's assessment of the documented presence of the North Atlantic
			 right whale in Massachusetts waters. The Director shall amend the timing of
			 these fixed gear seasonal closures by filing the Notice of Declaration with the
			 Secretary of State for publication in the Massachusetts Register, publishing
			 the Notice of Declaration on the Division's Legal Notice web page, and
			 distributing the Notice of Declaration
via
the Division's
			 e-mail list serve.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 12.00 - Protected Species › Section 12.05 - Speed Restrictions to Protect North Atlantic Right Whales

Current through Register 1525, July 5, 2024
(1)
Purpose and
			 Scope
. North Atlantic right whales are a critically endangered
			 species. Annually they migrate through state waters and aggregate in Cape Cod
			 Bay to feed during the late-winter and early-spring. In order to protect these
			 whales from vessel strikes, the National Marine Fisheries Service promulgated
			 regulations at 50 CFR
			 224.105 in 2008 that restrict the speed of
			 vessels measuring at least 65' in overall length to ten knots while transiting
			 certain waters around Cape Cod. In order to establish similar measures to
			 prevent strikes of whales by vessels smaller than those regulated under the
			 federal regulations, the Division of Marine Fisheries has established these
			 seasonal vessel speed restrictions for Cape Cod Bay.
Click to
				view image
(2)
Vessel Speed Restriction and Time Period
. During the
			 period of March 1st through April
			 30th, all vessels measuring less than 65' overall
			 length and operating within the Cape Cod Bay Restricted Speed Area, as defined
			 at 322 CMR 12.02, shall travel
			 at a speed of ten knots or less.
(3)
Exemptions
.
			 322
			 CMR 12.05(2)  shall not
			 apply:
(a)
Inshore
			 Areas
. Within those waters within Plymouth, Kingston and Duxbury
			 Harbors, Barnstable Harbor and Wellfleet Harbor, as defined at
			 322
			 CMR 4.02(2) and
			 (3).
(b)
Enforcement and Emergency
			 Personnel
. To law enforcement and emergency personnel in the
			 course of their authorized duties including, but not limited to, authorized
			 federal whale disentanglement personnel when responding to an entangled
			 whale.