Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.08 - Surf Clam and Ocean Quahog Fisheries

Current through Register 1525, July 5, 2024
(1)
Definitions
. For the purposes of
			 322
			 CMR 6.08, the following words shall have the
			 following meanings:
Batch
means all shellfish in each
				separate container.
Bushel
means an industry standard
				bushel of 1.88 cubic feet in volume.
Cage
means an industry standard
				container which is 60 cubic feet in volume and holds 32 bushels of clams in the
				shell.
Commercial Fishing
means to harvest,
				catch or take surf clams or ocean quahogs for purposes of sale.
Container
means any bag, box, basket,
				cage, or other receptacle containing loose shellfish which may be separated
				from the entire load or shipment.
Director
means the Director of the
				Massachusetts Division of Marine Fisheries.
Dredge
means any of a variety of towed
				devices which utilize blades, knives, or teeth to dig into the substrate and
				remove surf clams or ocean quahogs, including the hydraulic dredge which
				utilizes pumped water to enhance fishing performance.
Dredging
means the use of a dredge to
				harvest surf clams or ocean quahogs within the territorial waters of the
				Commonwealth.
Effective Fishing Width
means the
				width of the sea bottom from which a dredge collects shellfish, including the
				width of the blades and carriers, bars, wires, suction heads or similar
				structures or openings, including any water jet area, which affect the swath or
				overall width of the path from which surf clams or ocean quahogs are
				taken.
Ocean Quahog
means that species of
				shellfish known as
Arctica Islandica.
Surf Clam
means that species of
				shellfish known as
Spisula solidissima.
Vessel
means any fishing vessel which
				is licensed to operate for commercial purposes under the authority of M.G.L. c.
				130, or any commercial fishing vessel which is operated for commercial purposes
				by any person licensed under the authority of M.G.L. c. 130.
(2)
Management
			 Areas
. The following prohibitions shall apply to the following
			 areas:
(a) Dredging for surf clams is
			 prohibited from November 1st to April
			 30th, within an area shoreward of the 12 foot depth
			 contour as measured at mean low water beginning at Point Allerton, Hull, and
			 extending southerly to the Massachusetts - Rhode Island Boundary, including
			 Cape Cod and the Islands.
(b)
			 Dredging for surf clams is prohibited from May 1st
			 to October 31st, within an area shoreward of the 20
			 foot depth contour as measured at mean low water beginning at Point Allerton,
			 Hull and extending southerly to the Massachusetts - Rhode Island boundary,
			 including Cape Cod and the Islands.
(c) Dredging for surf clams is prohibited
			 shoreward of an imaginary line drawn from Long Point, Provincetown to the
			 "Hopper" so called in North Truro, marked "D" on NOS chart 13246.
(d) Dredging for surf clams is prohibited
			 shoreward of an imaginary line from Jeremy Point, Wellfleet, to the "Spire" in
			 Brewster.
(e) Dredging for surf
			 clams is prohibited inside an imaginary line from Seal Rocks off Scraggy Neck,
			 Bourne, to the southernmost tip of Sandy Point Dike, Wareham.
(f) Dredging for surf clams is prohibited
			 from May 1st to October
			 31st, within an area measured from an imaginary line
			 one mile seaward from mean low water from Great Point Light to Sankaty Light,
			 Nantucket.
(g) Commercial surf clam
			 and ocean quahog management areas may be opened or closed for sanitary purposes
			 by following established procedures for the sanitary control of shellfish
			 growing areas. Fishermen holding special permits for the harvest of these
			 species shall be notified in writing of changes in classification
			 status.
(h) The provisions of 322
			 CMR 6.08(2)(a) and (b) shall not apply to the waters of the Town of Gay
			 Head.
(i) The provisions of 322 CMR
			 6.08(2)(a) and (b) shall not apply to the waters of the Town of Chatham
			 bordering on Nantucket Sound which are found within an imaginary line drawn
			 from a flag marker with radar reflector at Loran C 9960-W-13872.5,
			 9960-Y-43937.5 as shown NOS Chart 13237; thence proceeding easterly along the
			 43937.5 line to the western shore of Monomoy Island; thence proceeding in a
			 southerly direction along the shoreline to the 43928 line; thence proceeding
			 westerly along the 43928 line to a flag marker with radar reflector at
			 9960-W-13875, 9960-Y-43928; thence proceeding in a northerly direction to a
			 pole at 9960-W-13874.2, 9960-Y-43930.4; thence proceeding to apole at
			 9960-W-13873.2, 9960-Y-43934.0; thence proceeding to the starting point at
			 9960-W-13872.5, 9960-Y-43937.5.
(j)
			 The provisions of 322 CMR 6.08(2)(a) and (b) shall not apply to the waters of
			 the town of Nantucket bounded as follows: beginning at the intersection of the
			 Loran C 9960-X-25130 line with the shoreline at Madaket Beach, as shown on NOS
			 chart 13237; thence proceeding northwesterly to the end of Madaket Beach;
			 thence following an imaginary straight line to the south western most point of
			 Esther Island; thence following an imaginary straight line to the southernmost
			 tip of Tuckernuck Island; thence following the west shore of Tuckernuck Island
			 to its northernmost point; thence following an imaginary straight line to the
			 southernmost point of Muskegat Island; thence following the western shore of
			 Muskegat Island to the intersection of the Loran C 9960-X-25190 line; thence
			 following the 9960-X-25190 line in a southerly direction to the territorial
			 waters line; thence following the territorial waters line in a southeasterly
			 direction to its intersection with the Loran C 9960-X-25130 line; thence
			 following the Loran C 9960-X-25130 line in a northerly direction to the point
			 of beginning, all as appearing on the following chart.
(k) Dredging for surf clams or ocean quahogs
			 is prohibited from May 15th through October
			 15th within an area beginning at Manomet Point in
			 Plymouth, at 41 ° 55' latitude and 70°32.2' longitude; thence heading
			 due east for 2.5 miles along the 41°55' parallel to where it intersects
			 with 70°29' longitude; thence due south along the 70°29' meridian to
			 where it intersects with the shoreline in the town of Sandwich; thence
			 following the shoreline back to the initial point.
(l) Commercial surf clam or ocean quahog
			 fishing areas may be opened or closed for management purposes by the director
			 provided that:
1. a majority of the Marine
			 Fisheries Advisory Commission approves the action;
2. a notice of opening or closure is sent to
			 the Secretary of State for publication in the
Massachusetts
			 Register,
3. surf clam
			 regulated fishery permit holders are notified by mail;
4. the notice includes the rationale for the
			 opening or closure; and
5. during
			 the effective date of any closure, the Director shall consider any written
			 comments on the closure which may be submitted to the Director by the public or
			 a state or federal agency. Based upon these written comments, the Director may
			 alter, amend or rescind the closure pursuant to the procedural requirements of
			 322 CMR 6.08(2)(1).
CHART 322 CMR 6.08(2)
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