reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 11.00 - Nature Preserves › Section 11.04 - Nomination Process

Current through Register 1525, July 5, 2024
(1)
Qualifications
. Any lands, waters, shores, or
			 interests therein owned by the Commonwealth and under the control of an agency
			 of EOEEA (DFW or DCR), whether or not in a natural condition, which contain
			 rare, exemplary, or other significant natural or biological communities or
			 which contain significant features of native biodiversity are eligible for
			 consideration as a nature preserve.
(2)
Nomination
.
			 Nominations for potential nature preserves shall be submitted by a managing
			 agency to the Director of DFW to be forwarded to the Council.
(3)
Citizen
			 Petition
. Any ten citizens of Massachusetts may submit a request
			 to the director of a managing agency that he or she nominate particular lands
			 under the agency's jurisdiction as a nature preserve. The group of citizens
			 shall notify the Nature Preserve Council of such a request in writing. The
			 director of the managing agency may decline to proceed with a nomination, and
			 should notify the group of citizens and the Nature Preserve Council of that
			 decision. If the agency decides to proceed with the nomination, the agency may
			 request that the group of citizens complete the nomination forms and aid in
			 drafting the protection plan, with participation of the managing agency and as
			 specified in
			 321 CMR
			 11.05.
(4)
Considerations in
			 Nomination
. An area considered for nomination should include, but
			 not be limited to, the following features:
(a) the land necessary to encompass viable
			 natural or biological communities or other features of native biodiversity as
			 defined under 321 CMR 11.04(1); and
(b) appropriate buffer lands necessary to
			 protect the core area and allow the preserve to function as a management
			 unit.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 11.00 - Nature Preserves › Section 11.05 - Protection Plan and Dedication

Current through Register 1525, July 5, 2024
(1)
Preparation of a Protection Plan
: Within 180 days of
			 notice of approval of the nomination by the Director of DFW, the managing
			 agency, shall, with assistance from the Council and the Division's Natural
			 Heritage and Endangered Species Program, prepare a draft protection plan for
			 the nature preserve. In preparing the draft protection plan, the managing
			 agency may solicit and accept assistance from outside parties, including, where
			 appropriate, the group of ten citizens who requested the nomination. A
			 protection plan shall include:
(a) the
			 objectives and reasons for dedication;
(b) management guidelines with specific
			 protection or conservation actions needed or to be taken by the managing
			 agency, and also any activities that are exceptions to
			 321 CMR
			 11.06 and
			 11.07;
(c) appropriate significant scientific or
			 educational activities, if any;
(d)
			 recommendations for special regulations pertaining to the particular site to be
			 promulgated by the managing agency, if necessary;
(e) a detailed map of the area showing
			 topography and boundaries;
(f)
			 location of existing trails; and
(g) location, means and limitations on use of
			 access.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 11.00 - Nature Preserves › Section 11.08 - Amendments to the Boundaries in the Articles of Dedication

Current through Register 1525, July 5, 2024
(1)
Process
. Any
			 proposed amendment to the boundaries specified in the Articles of Dedication
			 must be reviewed by and accepted by the Division and the managing agency.
(a) Any proposal to change the boundary of a
			 nature preserve shall be in writing from the managing agency to the Director of
			 DFW and contain an explanation of the reason for the proposed boundary change,
			 and a general description of the land and vegetation proposed for exclusion or
			 inclusion in the nature preserve.
(b) Public notice of the proposal shall be
			 published in the
Environmental Monitor
and an area newspaper
			 and written comment accepted on the proposal. The Council shall review the
			 proposal at the next regularly scheduled meeting after the close of the public
			 comment period on the proposal. The Council shall submit its recommendation and
			 a summary of any written public comment received on the proposal to the
			 Director of DFW for decision.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 11.00 - Nature Preserves › Section 11.10 - Alternative Time Schedules

Current through Register 1525, July 5, 2024
Agencies may propose alternative time schedules for writing
				nominations and protection plans. The Director of DFW may accept such
				alternative time frames not specifically required by law when in the Director's
				judgement strict compliance with the time requirements of the regulations would
				result in an undue hardship and would not further the intent of M.G.L. c. 131,
				§§ 10A through C. The party proposing changes in the schedule shall
				notify the Council, any outside nominators, and the DFW of the proposal and the
				Director of DFW shall respond in writing, notifying the requestors, the
				Council, and any outside nominators of the decision made.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 11.00 - Nature Preserves › Section 11.11 - Enforcement

Current through Register 1525, July 5, 2024
(1) Any officer empowered to enforce the
			 provisions of M.G.L. c. 131 may enforce the provisions of
			 321 CMR
			 11.00 where not otherwise contrary to law.
(2) The Attorney General may, on his own
			 initiative or at the request of a managing agency, initiate actions in equity
			 which may include requests for punitive damages and for injunctive relief
			 against violators of the articles of dedication on any land so dedicated. Any
			 ten persons domiciled within the state may bring an action in equity under
			 M.G.L. c. 214 § 7A, to enjoin damage to the environment caused or about to
			 be caused by a violation of
			 321 CMR
			 11.00.
Code of Massachusetts Regulations › 321 CMR - DIVISION OF FISHERIES AND WILDLIFE › Title 321 CMR 11.00 - Nature Preserves › Section 11.12 - List of Dedicated Nature Preserves

Current through Register 1525, July 5, 2024
Poutwater Pond Nature Preserve (Holden and Princeton, Worcester
				County). DFW, 11 acres; MDC, 203 acres.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 1.00 - Enforcement Of Rules And Regulations › Section 1.01 - Safe Boarding and Inspection

Current through Register 1525, July 5, 2024
The owner or operator of any fishing vessel shall immediately
				comply with instructions issued by an authorized environmental police officer
				to facilitate inspection of the vessel, its gear, and/or catch and safe
				boarding, and shall take such other actions as are necessary to ensure the
				safety of the authorized officer and his/her party, and to facilitate the
				boarding.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 2.00 - Adopting Administrative Regulations › Section 2.01 - Definition of Regulation

Current through Register 1525, July 5, 2024
322 CMR 2.00 govern the
				procedures to be followed by agencies subject to the State Administrative
				Procedure Act when promulgating regulations (M.G.L. c. 30A, §§ 2 and
				3). The term "regulation" is defined by the Act as "the whole or any part of
				every rule, regulation, standard or other requirement of general application
				and future effect adopted by an agency to implement or interpret the law
				enforced or administered by it." [M.G.L. c. 30A, § 1(5)]. "Regulation"
				does not, however, include advisory rulings, rules relating to the internal
				management of an agency and not directly related to the rights or procedures
				available to the public, regulations concerning the development and management
				of property of the Commonwealth or of the agency, or decisions rendered in
				adjudicatory proceedings, etc. Accordingly, these rules apply to agencies which
				are acting in a quasi-legislative capacity, i.e., either promulgating
				substantive regulations consistent with applicable statutes or promulgating
				rules governing their own procedures. Where these rules apply, no agency may
				waive or otherwise modify them except to the extent specifically provided
				herein.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 2.00 - Adopting Administrative Regulations › Section 2.02 - Petition for Adoption of Regulations

Current through Register 1525, July 5, 2024
Any interested person or his attorney may at any time petition
				the Division to adopt, amend, or repeal any regulation. The petition shall be
				addressed to the Division and sent to the clerk or secretary by mail or
				delivered in person during normal business hours. All petitions shall be signed
				by the Petitioner or his attorney, contain his address or the address of his
				attorney, and set forth clearly and concisely the text of the proposed
				regulation. The petition may be accompanied by any supporting data, views or
				arguments.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 2.00 - Adopting Administrative Regulations › Section 2.03 - Initial Procedure to Handle Recommended Regulations

Current through Register 1525, July 5, 2024
Upon receipt of a petition for the adoption, amendment or
				repeal of a regulation submitted pursuant to
				322 CMR
				2.02 or upon written recommendation by a
				member of a board or commission of the Division that a regulation be adopted,
				amended or repealed, the Division shall consider the petition or recommendation
				at a meeting and shall, thereupon, determine whether to schedule the petition
				or recommendation for further proceedings in accordance with
				322
				CMR 2.05 or
				2.06.
				If the regulation has been presented to the Division by petition under
				322 CMR
				2.02, the Division shall within ten days
				after the meeting notify the petitioner of the Division's
				action.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 2.00 - Adopting Administrative Regulations › Section 2.04 - Participation at Preliminary Meeting

Current through Register 1525, July 5, 2024
During the meeting referred to in
				322 CMR
				2.03, the Division may, but shall not be
				required to, entertain comments or questions from members of the audience. The
				chairman or other presiding officer may at any time terminate participation by
				the audience.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 2.00 - Adopting Administrative Regulations › Section 2.05 - Procedure for the Adoption, Amendment or Repeal of Regulations Where No Public Hearing is Required

Current through Register 1525, July 5, 2024
Prior to the adoption or amendment other than those subject to
				322
				CMR 2.06, or the repeal of any regulation,
				the Division shall give notice and afford interested persons an opportunity to
				present data, views or arguments, as follows:
(1)
Notice.
Notice
			 of the proposed action to adopt regulations shall be given by the agency at
			 least 21 days prior to its proposed action, unless some other time is specified
			 by any applicable law. The agency shall publish the notice in at least two
			 newspapers of general circulation, and where appropriate, in such trade,
			 industry, or professional publications as the agency may select. The agency
			 shall likewise notify in writing any person specified by any law and any person
			 or group which has filed request for notice pursuant to M.G.L. c. 30A, §
			 3(1)(B). The notice shall contain the following:
(a) The agency's statutory authority to adopt
			 the proposed regulation.
(b) The
			 procedure for submitting data, views or arguments as set forth in 322 CMR
			 2.05(2).
(c) The express terms to
			 describe the substance of the proposed action, or state the subjects and issues
			 involved.
(d) Any additional matter
			 required by any law. The above notwithstanding, the agency shall also comply
			 with any applicable statute which contains provisions for notice which differ
			 from those contained herein.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 2.00 - Adopting Administrative Regulations › Section 2.06 - Procedure for the Adoption or Amendment of Regulations Where a Public Hearing is Required

Current through Register 1525, July 5, 2024
Prior to the adoption or amendment of (a) any regulation as to
				which a hearing is required by any law, or of (b) any other regulation the
				violation of which is punishable by fine or imprisonment except a regulation of
				Division practice or procedure, the Division shall give notice and hold a
				public hearing, as follows:
(1)
Notice.
Notice. Notice of a public hearing shall be
			 given at least 21 days prior to the date of the hearing, unless some other time
			 is specified by any applicable law. The agency shall publish the notice in at
			 least two newspapers of general circulation, and where appropriate, in such
			 trade, industry, or professional publications as the agency may select. The
			 agency shall likewise notify in writing any person specified by any law and any
			 person or group which has filed written request for notice pursuant to M.G.L.
			 c. 30A, § 2(1)(b). The notice shall contain the following:
(a) The agency's statutory authority to adopt
			 the proposed regulation.
(b) The
			 time and place of the public hearing.
(c) The text of the proposed regulation. (If
			 the proposed regulation is lengthy or if for other reason the text is not
			 available at the time the notice is distributed, it need not be set out
			 verbatim; however, the notice should either describe the substance of the
			 proposed regulation or state the subject matter and issues involved.)
(d) Any additional matter required by any
			 law. The above notwithstanding, the agency shall also comply with any
			 applicable statute which contains provisions for notice which differ from those
			 contained herein.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 2.00 - Adopting Administrative Regulations › Section 2.07 - Availability of Regulation

Current through Register 1525, July 5, 2024
The clerk or secretary of the agency shall be responsible for
				keeping a book containing all the agency regulations. In addition the clerk or
				secretary shall compile and publish the regulations which are currently in
				effect. All the regulations of an agency shall be available for inspection
				during normal business hours at the offices of the Division. Copies of all
				regulations shall be available to any person on request. The agency may charge
				a reasonable fee for each copy.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 2.00 - Adopting Administrative Regulations › Section 2.08 - Filing of Regulation

Current through Register 1525, July 5, 2024
Upon the adoption of a regulation, an attested copy shall be
				filed with the Secretary of State together with a citation of the statutory
				authority under which the regulation has been promulgated. The regulation shall
				take effect upon filing unless a later date is required by any law or is
				specified by the agency in the regulation.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 2.00 - Adopting Administrative Regulations › Section 2.09 - Advisory Ruling

Current through Register 1525, July 5, 2024
Any interested person or his attorney may at any time request
				an advisory ruling with respect to the applicability to any person, property or
				factual situation of any statute or regulation enforced or administered by the
				agency. The request shall be addressed to the agency and sent to the clerk or
				secretary by mail or delivered in person during normal business hours. All
				requests shall be signed by the person making it or his attorney, contain his
				address or the address of his attorney, and state clearly and concisely the
				substance or nature of the request. The request may be accompanied by any
				supporting data, views or arguments. Upon receipt of the re quest the agency
				shall consider it at a meeting and shall within ten days thereafter notify the
				petitioner that the request is denied or that the agency will render an
				advisory ruling. The agency may at any time rescind a decision to render an
				advisory ruling. If an advisory ruling is rendered, a copy of the ruling shall
				be sent to the person requesting it or his attorney.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 3.00 - RESERVED

Current through Register 1525, July 5, 2024
REGULATORY AUTHORITY
322 CMR
				3.00: M.G.L. c. 130, §§, 17A, 38, 38A, 94
				through 97, and 104.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 4.00 - Fishing and Shellfish Equipment › Section 4.04 - Use of Sink Gillnets

Current through Register 1525, July 5, 2024
(1)
Definitions
. For the purposes of
			 322 CMR
			 4.03 the following terms have the following
			 meanings:
East End
means that part of the
				gillnet extending from 01° through 180° magnetic.
Gillnet
means 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. This
				includes, but is not limited to, flatfish gillnets, surface gillnets and sink
				gillnets.
Sink Gillnet
means any gillnet,
				anchored or otherwise, that is designed to be, capable of being, or is fished
				on or near the lower third of the water column. Sink gillnets include, but are
				not limited to, stand up and tie down gillnets.
West End
means that part of the
				gillnet extending from 181° through 00° magnetic.
(2)
Permitting
			 Requirements
. A regulated sink gillnet fishery permit endorsement,
			 issued in accordance with
			 322 CMR
			 7.01(4)(a): Regulated
			 Fishery Permit Endorsement, is required to set or fish a sink gillnet in the
			 waters under the jurisdiction of the Commonwealth.
(3)
Sink Gillnet
			 Specifications
.
(a)
Maximum Length
. Within the waters under the
			 jurisdiction of the Commonwealth, the total continuous length of connected sink
			 gillnets shall not exceed 2,400 feet from end to end of an entire
			 net.
(b)
Gear Marking
			 and Configuration Requirements
.
1. All buoys used to mark sink gillnets shall
			 be permanently and visibly marked with the permit number of the lawfully
			 permitted owner.
2. The east end of
			 a sink gillnet shall be marked with a high flyer.
3. The west end of a sink gillnet shall be
			 marked with a high flyer with a flag.
4. All buoy lines affixed to sink gillnet
			 shall be marked with a 12-inch green mark at the top, bottom and midway on the
			 buoy line. Except that if the color of the buoy line is green then it shall be
			 marked with white marks.
(c)
Mesh Size and
			 Measurement
.
1.
Mesh
			 Size
. Sink gillnets shall have mesh openings not less than
			 6½ inches.
2.
Measurement of Mesh
. Mesh size is measured by a
			 wedge-shaped gauge having a taper of two centimeters in eight centimeters and a
			 thickness of 3.2 millimeters, inserted into the meshes under a pressure or pull
			 of five kilograms. The mesh size will be the average of the measurements of any
			 series of 20 consecutive meshes.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 4.00 - Fishing and Shellfish Equipment › Section 4.09 - Restrictions on Hook and Line Gear

Current through Register 1525, July 5, 2024
Use of Natural Bait with Embedded or Attached
				Weights
. It shall be unlawful for any person to fish with natural
				bait that has been rigged with embedded or attached weights or other materials,
				unless such weights or other materials are attached to the end of the fishing
				line.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 4.00 - Fishing and Shellfish Equipment › Section 4.11 - Marking of Dive Gear

Current through Register 1525, July 5, 2024
(1)
Dive
			 Fishing for Lobsters
. Any person authorized to take lobster by
			 dive gear, in accordance with M.G.L. c. 130, §§ 37, 38 or 80, and
			 322
			 CMR 7.01(2):
Commercial Fisherman Permits
or (4):
Special
			 Permits,
shall mark a floating marker, described at M.G.L. c. 130,
			 § 38A so as to display the permit number assigned by the Director. The
			 permit numbers shall be not less than three inches in height nor less than
			 ½ inch in thickness or width of line.
(2)
Marking of SCUBA Air
			 Tanks
. Any person authorized to take lobster by dive gear, in
			 accordance with M.G.L. c. 130, §§ 37, 38 or 80, and
			 322
			 CMR 7.01(2):
Commercial Fisherman Permits
or (4):
Special
			 Permits,
that is using SCUBA gear shall mark the air tank(s) of the
			 diver to display the permit number assigned by the Director. The permit numbers
			 shall be not less than three inches in height nor less than ½ inch in
			 thickness or width of line.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 4.00 - Fishing and Shellfish Equipment › Section 4.12 - Use of Nets for Taking Striped Bass (Morone Saxatalis) or Shad (Alosa Sapidissima)

Current through Register 1525, July 5, 2024
(1) It is unlawful
			 to offload onto any vessel within waters under the jurisdiction of
			 Massachusetts or to offload or land onto any pier, wharf or other structure
			 within Massachusetts any striped bass or shad which was harvested, caught or
			 taken by any net.
(2) It is
			 unlawful for any vessel registered under the laws of the state as that term is
			 defined in M.G.L. c. 130, § 1 to harvest, catch or take any striped bass
			 or shad by any net in any waters under the jurisdiction of Massachusetts or in
			 those waters within the United States 200 miles exclusive economic zone bounded
			 in such a way that the inner boundary is a line coterminous with the seaward
			 boundary of each coastal state and the outer boundary is a line drawn in such a
			 manner that each point on it is 200 nautical miles from the baseline from which
			 the territorial sea is measured, as depicted on nautical charts of the National
			 Oceanic and Atmospheric Administration.
(3) It is unlawful for any person, firm,
			 corporation, restaurant, supermarket or other retail or wholesale distributor
			 of fish or fish products to possess any striped bass or shad harvested, caught,
			 or taken by nets except striped bass or shad lawfully harvested, caught, taken
			 or possessed in jurisdictions other than Massachusetts.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 4.00 - Fishing and Shellfish Equipment › Section 4.14 - Surface Gillnet Restrictions

Current through Register 1525, July 5, 2024
(1)
Tending Requirement
. Fishermen setting or fishing
			 surface gillnets shall remain within 200 feet of the net at all
			 times.
(2)
Gear
			 Specifications
.
(a)
Floatation
. Surface gillnets must have a headrope
			 sufficiently buoyant to float at the surface. If any portion of a gillnet when
			 fished is exposed at the water's surface then the net shall be considered a
			 surface gillnet.
(b)
Marking
. All buoys shall be marked with reflective
			 tape. The holder's permit number shall be marked on all buoys and at least once
			 every 50 feet on the headrope. Holders may burn or carve their number into
			 floats attached to the headrope which shall measure at least ½ inch in
			 height; alternatively if permit holders opt to mark the net with synthetic
			 durable material, then the numbers shall be clearly visible and measure at
			 least ¼ inch height. The net ends shall be marked with bullet-shaped
			 buoys with a size of nine x 16 inches and clearly marked with the letters SGN
			 and the six-digit permit number of the holder.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 4.00 - Fishing and Shellfish Equipment › Section 4.15 - Use of Cast Nets for Harvest of Bait

Current through Register 1525, July 5, 2024
(1)
Definitions
. For
			 purposes of
			 322
			 CMR 4.15, the following words have the
			 following meanings:
(a)
Cast
			 Net
means any circular net weighted along the perimeter that is
			 operated by one person throwing the net out over the water and designed to
			 catch bait fish beneath the net as it as it falls through the water.
(b)
Bait Fish
means
			 those species commonly used as bait and includes menhaden, sea herring, sand
			 launce, and mackerel.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 5.00 - Northern Shrimp › Section 5.01 - Purpose

Current through Register 1525, July 5, 2024
The objective of
				322 CMR
				5.00 is to manage the northern shrimp fishery in
				cooperation with Maine and New Hampshire, under the auspices of the Atlantic
				States Marine Fisheries Commission. The three states are attempting to achieve
				sustainable production over time with minimum impact on other fisheries
				resources.
Due to the absence of federal regulatory measures within the
				EEZ (3-200 miles), it is necessary to enforce
				322 CMR
				5.00 outside waters within the jurisdiction of the
				Commonwealth. Therefore, for the purposes of conservation and management of
				this migratory species,
				322 CMR
				5.00 shall apply within the waters of the EEZ and
				shall be actively enforced against vessels registered under the laws of
				Massachusetts.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 5.00 - Northern Shrimp › Section 5.02 - Definitions

Current through Register 1525, July 5, 2024
For the purposes of
				322 CMR
				5.00:
Cod-end
means that portion of the net
				in which the catch is normally retained.
Fish for
means to harvest, catch,
				take, or attempt to harvest, catch, or take shrimp by any method or
				means.
Fish Outlet
means a triangular
				opening in the webbing of the extension of the trawl which allows the
				escapement of fish too large to pass between the bars of the grate.
Grate
means a rigid or semi-rigid
				planer device consisting of parallel bars attached to a frame with a spacing
				between bars of not more than one inch.
Land
means to transfer the catch of
				shrimp from a vessel onto any other boat, land, or dock, pier, wharf or other
				artificial structure.
Registered Under the Laws of the
				State
means any vessel or individual which is licensed by the
				Massachusetts Division of Marine Fisheries as evidenced by the issuance and
				possession of a valid commercial fishermen permit and a valid regulated fishery
				permit, which shall be in addition to any federal registration of that
				vessel.
Regulated Species
means those finfish
				regulated under the Northeast Multi species Fishery Plan and defined as
				regulated species; these include Atlantic cod, windowpane flounder, witch
				flounder, American plaice, yellow tail flounder; haddock, pollock, winter
				flounder, white hake, and red fish.
Shrimp
means those species of shrimp
				belonging to the family
Pandalidae
, including but not limited
				to northern shrimp
Pandalus borealis
,
Pandalus
				montagui
, and
Dichelopandalus leptocerus
.
Vessel
means a watercraft of any kind
				which is registered under the laws of Commonwealth of Massachusetts.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 5.00 - Northern Shrimp › Section 5.03 - Permits

Current through Register 1525, July 5, 2024
It is unlawful for a commercial fisherman to fish for, have on
				board, land, transport or possess shrimp without a commercial fishermen permit
				and a regulated fishery permit issued pursuant to
				322 CMR 7.01(2)
				and (4).
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 5.00 - Northern Shrimp › Section 5.04 - Commercial Fishery Moratorium and Annual Specifications

Current through Register 1525, July 5, 2024
(1)
Commercial Fishery
			 Moratorium
. Unless otherwise authorized by the Director, pursuant
			 to the Declaration process at 322 CMR 5.04(3), it shall be unlawful for any
			 commercial fisherman to retain, possess or land any northern shrimp.
(2)
Declaration of Annual
			 Specifications
. The Director may, by declaration, establish and
			 adjust the manner and times of taking northern shrimp, legal size limits,
			 numbers or quantities of northern shrimp to be taken, and the opening and
			 closing of areas to the taking of northern shrimp as prescribed by M.G.L. c.
			 130, § 17A and specified by the Atlantic States Marine Fisheries
			 Commission (ASMFC) Northern Shrimp Section.
(3)
Declaration
			 Process
. Annual specifications shall not be effective until:
(a) a notice has been filed with the
Massachusetts Register
;
(b) a notice has been published by at least
			 one local newspaper;
(c) a copy of
			 the notice has been e-mailed
via
the Marine Fisheries Listserv
			 and posted on the Division's website at
www.mass.gov/marinefisheries
;
			 and
(d) a two-week comment period
			 has been conducted by the Division; and
(e) it has been approved by a majority of the
			 members of the Massachusetts Marine Fisheries Advisory Commission.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 5.00 - Northern Shrimp › Section 5.05 - Gear Restrictions

Current through Register 1525, July 5, 2024
(1)
Net
			 Mesh Size
.
(a) It is unlawful to
			 fish for, have on board, land, transport, or have in possession shrimp on any
			 vessel which:
1. is rigged for otter trawling
			 with any net having a mesh opening of less than 1¾ inches stretched mesh
			 opening between knots; or
2. has
			 onboard any net, netting or portions thereof, having a mesh opening of less
			 than 1¾ inches stretched mesh opening between knots, except for the
			 optional webbing funnel that may be constructed of one inch webbing.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 5.00 - Northern Shrimp › Section 5.06 - Regulated Species Prohibition

Current through Register 1525, July 5, 2024
It is unlawful for any vessel fishing for northern shrimp to
				land any regulated species or to possess any regulated species longer than the
				period necessary to remove them from the net and/or deck and release
				overboard.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.02 - Lobster Conservation and Management

Current through Register 1525, July 5, 2024
(1)
Definitions
. For the purpose of
			 322
			 CMR 6.02, the following terms have the
			 following meanings:
Commercial Fisher
means any person
				permitted in accordance with M.G.L. c. 130, §§ 37, 38 and 80 and
				322
				CMR 7.01(2)(a):
Coastal Lobster
and (b):
Offshore Lobster,
to
				catch, possess and land lobster for the purpose of sale, barter or exchange or
				who keeps for personal or family use any lobster taken under the authority of
				said permit.
Escape Vent
means one or more
				unobstructed rectangular vent or opening or two or more unobstructed round
				openings in the parlor of the pot.
Ghost Panel
means a panel or other
				mechanism which is designed to create an opening in a pot to allow the
				escapement of lobsters within 12 months after a trap has been abandoned or
				lost.
Lobster
means that species known as
Homarus americanus.
Parlor
means that section of the pot
				designed or intended to hold lobsters until they are removed by a
				fisher.
Recreational Fisher
means any person
				permitted in accordance with M.G.L. c. 130, § 38 and
				322
				CMR 7.01(4)(b)  to catch,
				possess and land lobster for family use, sport or pleasure, which are not to be
				sold, traded or bartered.
Trap
means any lobster trap, modified
				lobster trap or any other contrivance, other than nets, that is placed on the
				ocean bottom and designed to catch lobsters or crabs.
(2)
Maximum and Minimum
			 Sizes
.
(a)
Method of
			 Measurement
.
1. All lobsters
			 shall be measured immediately. Any person diving for lobster shall measure all
			 lobsters in possession prior to surfacing.
2. Lobsters shall be measured from the rear
			 of the eye socket along a line parallel to the center line of the body shell to
			 the rear end of the body shell.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.05 - Atlantic Sea Scallop (Placopecten Magellanicus) Management

Current through Register 1525, July 5, 2024
(1)
Definitions
.
Commercial Fisherman
means any person
				or vessel permitted in accordance with 322 CMR 7.01(2):
Commercial
				Fisherman Permits
.
Discard
means the return of live sea
				scallops to the sea.
Exclusive Economic Zone
means all
				waters extending from the seaward boundary of the waters under the jurisdiction
				of the Commonwealth to 200 nautical miles from the coast.
Land
means to transfer or attempt to
				transfer catch onto any land, pier, wharf, dock or other artificial structure
				or for a fishing vessel with any fish onboard to tie-up to any dock, pier or
				other artificial structure.
Sea Scallop
means the species known as
Placopecten magellanicus
.
Shuck
means to remove from the shell
				and retain only the edible adductor muscle of a sea scallop.
Standard Fish Tote
means a fish tote
				that does not exceed the volume of 6525 cubic inches.
(2)
Minimum Size
.
(a) It is unlawful to fish for, catch, take,
			 have on board, or off-load from any fishing vessel, Atlantic Sea Scallops the
			 shells of which are less than 3½ inches in diameter from the hinge to
			 the outer edge.
(b) Notwithstanding
			 322
			 CMR 6.05(2)(a), it is lawful
			 to fish for, catch, take, have on board, or off-load from any fishing vessel
			 Atlantic Sea Scallops with shells less than 3½ inches in the longest
			 diameter provided said Atlantic Sea Scallops comprise no more than 10% of the
			 entire lot of Atlantic Sea Scallops. This 10% tolerance shall be determined by
			 numerical count taken at random of not less than one peck no more than four
			 pecks of the entire lot of Atlantic Sea Scallops.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.06 - Atlantic Salmon Restoration

Current through Register 1525, July 5, 2024
(1)
Purpose
.
			 322
			 CMR 6.06 is in support of the international
			 management program for Atlantic salmon and interstate Atlantic salmon
			 restoration programs.
(2)
Prohibition
. It shall be unlawful to harvest, catch,
			 take, possess, transport, sell or offer to sell any Atlantic salmon from the
			 coastal waters of the Commonwealth or from the U.S. Exclusive Economic
			 Zone.
(3)
Incidental
			 Catch
. All Atlantic salmon caught incidental to fisheries directed
			 towards other species must be released in such a manner as to insure maximum
			 probability of survival.
(4)
Presumption
. The possession of Atlantic salmon will be
prima facie
evidence that such Atlantic salmon were taken in
			 violation of
			 322
			 CMR 6.06. Evidence that such fish were
			 harvested from foreign waters or from aquaculture enterprises will be
			 sufficient to rebut the presumption. This presumption does not apply to fish
			 being sorted on deck.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.10 - Management of the Asiatic Freshwater Clam (Corbicula Fluminea)

Current through Register 1525, July 5, 2024
(1)
Purpose
. Any
			 importation, transportation, or possession of
Corbicula
			 fluminea
, into or within the geographic boundaries of the Commonwealth
			 of Massachusetts, is deemed to be injurious or potentially injurious to the
			 maintenance, preservation, and/or protection of the marine fisheries resources
			 of the Commonwealth. 322 CMR 6.10 is promulgated to manage the importation,
			 transportation, and possession of
Corbicula fluminea
into or
			 within Massachusetts so as to minimize the possibility of any such
			 injury.
(2)
Definitions
. For the purposes of 322 CMR 6.10 the
			 following words shall have the following meanings:
Corbicula Fluminea
means that species of shellfish commonly known as the Asiatic freshwater
				clam.
Importation
means to land, bring into,
				or introduce into, or attempt to land, bring into, or introduce into any
				place.
Person
means any individual, firm,
				corporation, association, partnership, club, or private body, any one or all,
				as the context requires.
Possession
means detention, control,
				or manual or ideal custody for any use whatsoever, either as owner, principal
				or agent, including but not limited to the act or state of possessing, holding,
				maintaining, handling or touching.
(e)
			 Transportation means to ship, convey, carry or transport by any means whatever,
			 and deliver or receive for such shipment, conveyance, carriage or
			 transportation.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.11 - Bay Scallops Harvest Criteria

Current through Register 1525, July 5, 2024
(1)
Definitions
.
Bay Scallop
means that species of
				marine mollusk known as
Argopecten irradians
.
Shell Height
means a straight line
				measurement from the middle of the hinge to the opposing valve margin.
Seed Scallop
means scallops that are
				sexually immature and do not bear a well-defined raised annual growth
				line.
(2)
Prohibition on Harvest and Possession of Seed
			 Scallops
. No person shall land or possess scallops without a
			 well-defined raised annual growth line and that growth line shall measure at
			 least ten millimeters from the hinge of the shell.
Exception
. Bay Scallops that have a
				well-defined raised annual growth line located less than ten millimeters (mm)
				from the hinge of the shell, shall be lawful to harvest and possess if the
				shell height is at least 63.5 millimeters or 2.5 inches.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.14 - Lobster Car Restrictions

Current through Register 1525, July 5, 2024
(1)
Definition
. Lobster car means any container,
			 enclosure, crate, or any other container or contrivance designed to hold and
			 store lobsters.
(2)
Prohibition
. It is prohibited and unlawful for any
			 person to place a buoyed or unbuoyed lobster car within waters of the
			 Commonwealth except in inshore net areas defined in
			 322 CMR
			 4.02:
Use of Nets in Inshore
			 Restricted Waters
.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.16 - Atlantic Sturgeon Prohibition

Current through Register 1525, July 5, 2024
(1)
Definition
. Atlantic Sturgeon means that species of
			 fish known as
Acipenser oxyrhynchus
.
(2)
Purpose
.
			 Massachusetts needs to comply with the Atlantic States Marine Fisheries
			 Commission Atlantic Sturgeon Management Plan that requests states to adopt
			 either an elimination of all sturgeon harvest or a minimum size of seven feet.
			 Since there is no directed fishery for sturgeon in Massachusetts and the state
			 has already declared the sturgeon an endangered species, a prohibition on the
			 landing and possession of sturgeon is appropriate. Now, both the Atlantic
			 sturgeon and the endangered short-nosed sturgeon cannot be landed or
			 possessed.
(3)
Prohibition
. It is prohibited and unlawful for any
			 person to land or possess any Atlantic sturgeon.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.18 - Bluefish Limits

Current through Register 1525, July 5, 2024
(1)
Recreational Bag Limit
. It shall be unlawful for any
			 recreational fishermen:
(a) fishing from shore
			 or a private vessel to retain, land or possess more than three bluefish per
			 calendar day, and
(b) fishing from
			 a for-hire vessel during a for-hire trip to retain, land or possess more than
			 five bluefish per calendar day.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.23 - Rainbow Smelt (Osmerus Mordax) Restrictions

Current through Register 1525, July 5, 2024
(1)
Definitions
.
Coastal Waters
means those waters as
				established by M.G.L. c. 130, § 1.
Rainbow Smelt
means that species of
				fish known as
Osmerus mordax
.
(2)
Possession
			 Limits
. It is unlawful for any fisherman to fish for and retain
			 more than 50 smelt taken from coastal waters of the Commonwealth per 24-hour
			 day.
(3)
Prohibitions
. It is unlawful for any person:
(a) to fish for and retain smelt in any other
			 manner than by hook-and-line as established by M.G.L. c. 130, §
			 35.
(b) to fish for and retain
			 smelt between March 15th and June
			 15th as established by M.G.L. c. 130, §
			 34.
(c) to fail to release
			 immediately any smelt unlawfully taken back into the waters from which they
			 were taken.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.24 - Sea Urchin Management

Current through Register 1525, July 5, 2024
(1)
Definitions
.
Batch
means all sea urchins in each
				separate container.
Container
means any bag, box, cage or
				other receptacle containing loose urchins which may be separated from the
				entire load or shipment.
Effective Fishing Width
means the
				width of the sea bottom from which a dredge collects sea urchins, including the
				inside width of the opening or frame or other structures which affect the
				overall width of the path from which sea urchins are taken.
Sea Urchin
means that species of
				echinoderm known as
Strongylocentrotus droebachiensis
.
(2)
Minimum
			 Size
.
(a) No person shall take or
			 possess sea urchins measuring less than two inches in the longest diameter,
			 exclusive of the spines, to the amount of more than 5% of any batch.
(b) Sublegal sea urchins shall be culled
			 immediately after capture, and returned immediately to the sea.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.25 - Lobster Landing Window

Current through Register 1525, July 5, 2024
(1)
Definition
.
To Land
means to transfer the catch of
				any lobster from any vessel onto any land or dock, pier, wharf, or other
				artificial structure.
(2) It
			 is unlawful during the period February 1st through
			 April 30th, for commercial fishermen to land from
			 8:00 P.M. through 6:00 A.M. any lobsters caught with nets, pots, or any other
			 fishing gear capable of catching lobster.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.29 - Acushnet River Estuary Fisheries Closures

Current through Register 1525, July 5, 2024
(1)
Definitions
. For purposes of
			 322
			 CMR 6.30, the following words shall have the
			 following meanings:
Area 1
means all waters north of the
				Hurricane Dike in New Bedford, including all of New Bedford Harbor and the
				Acushnet River. This area corresponds to Area I described in 105 CMR 260.000:
Prohibition against Certain Fishing in New Bedford
				Harbor
.
Area 2
means all waters encompassed by
				an imaginary straight line beginning at the southernmost part of Ricketsons
				Point in Dartmouth; thence in an easterly direction to the southernmost part of
				Wilbur Point in Sconticut Neck, Fairhaven; thence along the western shoreline
				of Sconticut Neck in a northerly direction along the Fairhaven shoreline;
				thence along the Hurricane Dike to the New Bedford shoreline; thence in a
				southerly direction to Clarks Point and along the shoreline of Clarks Cove to
				the starting point. This area corresponds to Area II described in 105 CMR
				260.000:
Prohibition against Certain Fishing in New Bedford
				Harbor
.
(2)
Area 1 and 2 Prohibitions
. It is unlawful to harvest,
			 catch, or take lobster from Areas 1 and 2.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.31 - Trap Tags

Current through Register 1525, July 5, 2024
(1)
Lobster Traps
.
(a) It
			 shall be unlawful for any commercial fisherman licensed by the Commonwealth to
			 fish lobster traps:
1. In any waters under the
			 jurisdiction of the Commonwealth without a valid state waters lobster trap tag
			 permanently attached to the trap bridge or central cross-member.
2. In the EEZ portions of Lobster
			 Conservation Management Areas 1, 2 and Outer Cape Cod as designated by the
			 Atlantic States Marine Fisheries Commission Lobster Management Plan without a
			 valid state waters trap tag or a DMF - issued EEZ lobster trap tag permanently
			 attached to the trap bridge or central cross-member.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.32 - Shell-on Lobster Parts

Current through Register 1525, July 5, 2024
(1)
Definitions
. For purposes of 322 CMR 6.32, the
			 following words shall have the following meanings:
Carapace
means the upper body of a
				lobster excluding the tail and claws.
Division
means the Massachusetts
				Division of Marine Fisheries.
Mutilated
means a lobster that has
				been altered in any way that affects its measurement.
Processor
means any wholesale dealer
				permitted by the Division, in accordance with M.G.L. c. 130, § 80 and
				322 CMR
				7.01(3), and authorized in
				writing by DPH to process lobsters.
DPH
means the Massachusetts Department
				of Public Health.
(2)
Requirements for the Processing of Shell-on Lobster
			 Parts
. The processing of shell-on lobster parts by wholesale
			 dealers is authorized pursuant to M.G.L. c. 130, § 44 and c. 94, §
			 77G subject to the following restrictions:
(a)
Authorization to Process Lobster
.
1. The processor shall be in possession of a
			 wholesale dealer permit;
2. DPH
			 shall inspect and approve in writing the shell-on lobster part processing
			 facility;
3. Upon receipt of DPH
			 approval, the Director shall endorse the Wholesale Dealer Permit to include
			 shell-on lobster part processing.