Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.30 - American Eels

Current through Register 1525, July 5, 2024
(1)
Definitions
. The
			 following words and terms shall have the following meanings:
American Eel
means that species of eel
				known as
Anguilla rostrata
.
Commercial Fisherman
means any person
				fishing under the authority of a permit issued in accordance with M.G.L. c.
				130, § 80, and
				322
				CMR 7.01(2):
Commercial Fisherman Permits
.
Commercial Quota
means the
				Commonwealth's annual total allowable commercial harvest of American eel as
				established by the Atlantic States Marine Fisheries Commission, as modified by
				any quota transfer or any quota overage incurred in the previous year.
Director
means the Director of the
				Massachusetts Division of Marine Fisheries.
Eel Pot or Eel Trap
means any wire
				pot, trap or other device designed to catch eels that is enclosed on two or
				three sides with an inverted funnel or throat on one or two sides that act as
				openings.
Fyke Net
means any bag-shaped nets
				designed to catch eels that are held open by hoops and can be linked together
				to create long chains.
Recreational Fisherman
means any
				person authorized pursuant to M.G.L. c. 130, § 17C and
				322 CMR
				7.10:
Recreational Saltwater Fishing
				Permits
to take or attempt to take finfish for personal or family use,
				sport or pleasure, and which are not sold, traded or bartered.
(2)
Commercial Fishing
			 Permit
. A regulated fishery permit endorsement, issued by the
			 Director pursuant to
			 322 CMR
			 7.01(4)(a):
Regulated Fishery Permit Endorsement
, is required to sell eels
			 and to possess while fishing for eels or land eels in a quantity that exceeds
			 the recreational harvest limit for eels at 322 CMR 6.30(6).
(3)
Commercial Quota
			 Management
. It is unlawful for commercial fishermen to harvest or
			 land American eel when the Commonwealth's commercial quota has been reached and
			 the fishery is closed through a Declaration of Closure issued in accordance
			 with
			 322 CMR
			 6.41(2).
(4)
Dealers
. Dealers
			 who purchase American eels from licensed fishermen shall register with the
			 Division and report all purchases of eels from commercial fishermen to the
			 Division.
(5)
Minimum
			 Size
. It is unlawful for any person to fish for, take, or have in
			 possession American eels measuring less than nine inches in total length,
			 unless authorized by a special permit issued by the Director in accordance with
			 322 CMR
			 7.01(4):
Special
			 Permits
.
(6)
Recreational Harvest Limit
. It is unlawful for
			 recreational fishermen to harvest or land more than 25 eels per calendar day,
			 or possess more than 25 eels while fishing. This limit shall apply to the
			 vessel regardless of the number of persons on-board.
Exemption
. It is lawful for for-hire
				permit holders, permitted pursuant to M.G.L. c. 130, § 17C and
				322 CMR
				7.10(5):
Permit
				Requirements Applicable to For-hire Vessels
, to harvest or land up to
				50 eels per calendar day, or possess up to 50 eels while fishing. This limit
				shall apply to the vessel regardless of the number of persons
				on-board.
(7)
Restrictions of Fishing Gear
.
(a)
Small Mesh
			 Prohibition
. During the period of February
			 15th through June 15th,
			 it is unlawful for any person, while in the coastal waters of the Commonwealth
			 or upon the banks of rivers and streams within the coastal waters of the
			 Commonwealth, to abandon, set, possess or have under his or her control any
			 device capable of catching eels with openings or mesh measuring less than inch
			 inside diameter. These devices include, but are not limited to, dip nets, set
			 nets, fyke nets and traps adapted for the taking of juvenile eels.
(b)
Eel Pot
			 Restrictions
. It is unlawful to abandon, set, possess or have
			 under his or her control any eel pot that does not have a wire mesh of at least
			 ½ x ½ inch inside area.
(c)
Other Gear
			 Restrictions
. During the period of September
			 1st through December
			 31st, it is unlawful to harvest American eels with
			 any gear except for rod and reel, eel pots, eel traps and
			 spears.