Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 8.00 - Coastal Fisheries and Conservation Management › Section 8.05 - Commercial Groundfish Closures

Current through Register 1525, July 5, 2024
(1)
Definition
.
Regulated Groundfish Species
means
				those regulated groundfish species defined at
				322 CMR
				6.03(1):
Definitions
, which include: American plaice, cod, haddock,
				halibut, monkfish, ocean pout, pollock, redfish, windowpane flounder, winter
				flounder, witch flounder, wolfish and yellowtail flounder.
(2)
April
			 15th through April 30th
			 from Plymouth to New Hampshire Border
. Except as provided at
			 322
			 CMR 8.05(9), from April
			 15th through April 30th,
			 it shall be unlawful for commercial fishermen to fish for, possess, or land
			 regulated groundfish species taken within the waters under the jurisdiction of
			 the Commonwealth between 42°00' north latitude north to the Massachusetts/
			 New Hampshire border.
(3)
May in Massachusetts Bay from Boston to the New Hampshire
			 Border
. Except as provided at
			 322
			 CMR 8.05(9), from May 1st
			 through May 31st, it is unlawful for a commercial fisher to fish for, possess
			 or land regulated groundfish species taken within the waters under the
			 jurisdiction of the Commonwealth from latitude 42°25' north to the
			 Massachusetts/New Hampshire border.
(4)
June in Upper Massachusetts
			 Bay and Ipswich Bay from Marblehead to the New Hampshire Border
.
			 Except as provided in
			 322
			 CMR 8.05(9), during June
			 1st through June 30th, it
			 is unlawful for commercial fishermen to fish for, possess or land regulated
			 groundfish species taken within the waters under the jurisdiction of the
			 Commonwealth from latitude 42E30' north to the Massachusetts/New Hampshire
			 border.
(5)
October
			 through January Closure in Massachusetts Bay and Upper Cape Cod
			 Bay
. Except as provided at
			 322
			 CMR 8.05(9), from October
			 1st through January 31st,
			 it is unlawful for commercial fishermen to fish for, possess or land regulated
			 groundfish species within the waters under the jurisdiction of the Commonwealth
			 from latitude 42E00' north, south of latitude 42E30' north and west of
			 longitude 70E24' west.
(6)
May Closure East of Cape Cod
. Except as provided at
			 322
			 CMR 8.05(9), during May
			 1st through May 31st, it
			 is unlawful for commercial fishermen to retain, possess or fish for any
			 regulated groundfish species within the waters under the jurisdiction of the
			 Commonwealth east of Cape Cod south of latitude 42E00' north and east of
			 longitude 70E00 west.
(7)
Gear Types
. Except as provided at
			 322
			 CMR 8.05(9), these closures
			 apply to any gear capable of catching groundfish including, but not limited to,
			 sink gillnets, otter trawls, line trawls, and hook and line.
(8)
Experimental
			 Fishery
. The Director, under the authority at M.G.L. c. 130,
			 § 80, and
			 322
			 CMR 7.01(7):
Conditions
, may authorize experimental fishery activities for
			 fishing for species with certain gear types in the aforementioned closed areas
			 and times to investigate catchby-catch composition to ascertain the need for
			 potential future exemptions.
(9)
Exemptions
.
(a) The
			 closures at
			 322
			 CMR 8.05(2) through (6) do
			 not apply to the lawful use of hook and lines for the purpose of catching
			 dogfish, bluefish, striped bass, Atlantic bluefin tuna and mackerel; mid-water
			 trawls; pots and traps; sea scallop, ocean quahog and surf clam dredges; and
			 cast nets, surface gillnets and purse seines.
(b) A vessel may fish with a small-mesh
			 raised footrope trawl in a portion of upper Cape Cod Bay during October and
			 November subject to the rules in
			 322
			 CMR 4.06(4)(c):
Exempted Small Mesh Fisheries
and
			 322
			 CMR 8.06.
(c) A vessel in possession of groundfish may
			 transit through the closures at
			 322
			 CMR 8.05(2) through (6),
			 provided that the groundfish was lawfully caught outside of the closure areas
			 and the vessel is not engaged in any fishing activity while inside the
			 groundfish closure areas.