322 CMR 4.06
Use of Mobile Gear
(1) Definitions. For purposes of 322 CMR 4.06 the following terms shall have the following
meanings:
Coastal Access Permit (CAP) means the regulated fisherypermit endorsement for certain mobile
gear, issued pursuant to M.G.L. c. 130, § 80, and 322 CMR 7.01(4)(a): Regulated Fishery and
7.05: Coastal Access Permit (CAP).
Cod End means all parts of a net a distance of 50 continuous meshes forward of the terminal
portion of the net where fish are retained.
Director means the Director of the Division of Marine Fisheries.
Division means the Division of Marine Fisheries.
Dredge means mobile fishing gear consisting of a mouth frame attached to a holding bag
constructed of metal rings, mesh or cages.
Effective Fishing Width means the distance measured between the extreme outside edges of the
mouth of a dredge or dredges.
Fishing or Fish For means to harvest, catch or take or attempt to harvest, catch or take any fish
or shellfish for commercial purposes. A vessel is presumed to be fishing if its dredge, trawl or
seine gear remains in the water or is not on board and secured to the vessel’s sides or sterns.
Ghost Gear means any fixed fishing gear including, but not limited to, gillnets and traps with
their associated ropes which are no longer buoyed to the surface of the water, are not visible from
the surface and become entangled with mobile gear.
Hauling Back means retrieving any dredge, trawl or seine and placing the contents of the catch
on the deck or hold of the vessel.
Mobile Gear means any moveable or encircling fishing gear or nets which are towed, hauled or
dragged through the water for the harvest of fish including, but not limited to, pair trawls, otter
trawls, beam trawls, mid water trawls, scottish seines, danish seines, pair seines, purse seines or
shellfish dredges.
Molted Lobster means any newly molted lobster whose carapace has not hardened and may be
dented by exerting lateral pressure with the fingertips.
Night Fishing means fishing ½ hour after sunset to ½ hour before sunrise during the period of
March 1st through October 31st , or from 6:00 P.M. to 6:00 A.M. during the period of
November 1st through the last day of February.
NOAA Chart means the official and reproduced nautical charts of the National Oceanic and
Atmospheric Administration, United States Department of Commerce.
Person means any individual, including the captain, master or crew member of a fishing vessel,
or any firm, partnership, corporation or other business entity.
Purse Seine means any vertical wall of netting with floats on the top and weights at the bottom
that is deployed to surround a school of fish and encloses fish in the netting by drawing together
and tightening the bottom of the net.
Seine means a net with long narrow wings that is rigged with floats and weights that is moved
through the water to catch fish or any floated or weighted net that is used to encircle fish and is
closed by means of a drawstring through threaded rings attached to the bottom of the net.
Small Mesh Squid Trawl Exempted Area means that area within the waters under the jurisdiction
of the Commonwealth beginning where 41° 40' north latitude intersects with the eastern
shoreline of Chatham; thence in a straight line due east to where it intersects with the three
nautical mile line, as described on NOAA Chart #13646; thence following the three nautical mile
line, as described on NOAA Charts #13246 and #13237 in a southerly direction to where it
intersects with 70° 00' west longitude; thence due south along the 70° meridian to where it
intersects again with the three nautical mile line, as described on NOAA Chart #13237; thence
following the three nautical mile line, as described on NOAA Charts #13237 and #13218 in a
southerly then westerly direction to the Massachusetts-Rhode Island seaward marine boundary;
thence following the Massachusetts-Rhode Island seaward marine boundary in a northerly
direction to the shoreline; thence following the shoreline in a easterly direction to the starting
point. This shall exclude all applicable inshore restricted waters defined at 322 CMR 4.02.
Small Mesh Trawl means any trawl with net mesh openings that are less than 6½ inch in the cod
end and six inches throughout the remainder of the net.
Southern Shoreline of the Elizabeth Islands means the area circumscribed by an imaginary line
beginning at the shortest straight line between Cuttyhunk Island and Nashawena Island; the
shortest straight line between the easternmost point of Nashawena Island and the
southwesternmost point of Pasque Island; the shortest straight line between Pasque Island and
Naushon Island; the shortest straight line between Jobs Neck on the eastern side of Naushon
Island to the southernmost point on Nonamesset Island; the shortest straight line from Mink's
Point on the northernmost point of Nonamesset Island to the western entrance of Little Harbor
in Woods Hole.
Three Mile Line means that line as it appears on NOAA charts demarcating waters that are three
nautical miles from the coastline.
Top of the Trawl Net means the 50% of the trawl net that would not be in contact with the ocean
bottom during a tow if the trawl net were laid flat on the ocean floor. It shall not include head
ropes attached to the net.
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, and pair
trawls.
Twine Top means the net material or other material on the top of a scallop dredge.
Upper Cape Cod Whiting Area means that area within the waters under the jurisdiction of the
Commonwealth encompassed by an imaginary straight line that begins 42° 7.85' north latitude
and 70° 30.1' west longitude; thence in a south southeasterly direction to where it intersects with
42° 00' north latitude and 70° 24.076' west longitude; thence due east to where it intersects with
42° 00' north latitude and 70° 13.225 west longitude; thence in a north northwesterly direction
to where it intersects with 42° 4.75' north latitude and 70° 16.95' west longitude; thence in a east
northeasterlydirection to where it intersects with 42° 8.35' north latitude and 70° west longitude;
thence in a northwesterlydirection to 42°14.05' north latitude and 70° 8.8' west longitude; thence
in a west southwesterly direction to the initial coordinate.
Vessel means any commercial fishing vessel registered under the laws of the state and
conducting commercial fishing operations within waters under the jurisdiction of the
Commonwealth.
(2) Seasonal Mobile Gear Closures. The following closures shall apply to the use of mobile
gear within the waters under the jurisdiction of the Commonwealth.
(a) Area 1 - North Shore Region - Year Round Closure. Except as provided at 322 CMR
4.06(2)(a)1. and 4.06(2)(k), it shall be unlawful to fish with mobile gear within the waters
of the North Shore Region Year Round Closure. The North Shore Region Year Round
Closure consists of those waters under the jurisdiction of the Commonwealth encompassed
by an imaginary line beginning where 41° 21.552' north latitude intersects with the eastern
shoreline of Deer Island in Winthrop; thence in a straight line in an east northeasterly
direction to where it intersects with 42° 24.497' north latitude and 70° 49.232' west
longitude; thence in a straight line in a northeasterly direction to where it intersects with 42°
27.018 north latitude and -70° 46.446' west longitude; thence continuing in a straight line in
a northeasterlydirection to where it intersects with 42° 29.664' north latitude and 70° 43.914'
west longitude; thence in a straight line in a northeasterly direction to where it intersects with
42° 31.688' north latitude and 70° 40.164' west longitude; thence in a straight line in a
easterly direction to where it intersects with 42° 31.836' north latitude and 70° 38.118' west
longitude; thence in a straight line in an east northeasterly direction to 42° 32.502' north
latitude and 70° 36.432 west longitude; thence in a straight line in a northeasterly direction
to the nearest point where it intersects with the three nautical mile line, as described on
NOAA Chart #13267, at the 70° 36.162' west longitude; thence following the three nautical
mile line, as described on the NOAA Charts #13267 and 13278, to the seaward junction of
the Massachusetts - New Hampshire marine boundary; thence shoreward along the
Massachusetts - New Hampshire marine boundary to the shoreline; and thence in a southerly
direction along the shoreline and concluding at the starting point.
1. North Shore Mobile Gear Seasonal Area Exemptions. Coastal Access Permit holders
further endorsed for North Shore Mobile Gear may fish within the North Shore Region
Year Round Closure Area in accordance with the following exemptions:
a. Area 1A Gloucester/Rockport Exemption. During the periods of February 1st
through May 15st and June 15th through September 30th, mobile gear may be fished
within those waters under the jurisdiction of the Commonwealth encompassed by an
imaginary line beginning off the northernmost Gloucester-Rockport coastline where
70° 37.365' west longitude intersects with the three nautical mile line, as described
on NOAA Chart #13278; thence following in a straight line in a south southwesterly
direction to where it intersects 42° 42.848' north latitude and 70° 37.632' west
longitude; thence in a straight line in a southeasterly direction to where it intersects
with 42° 40.806' north latitude and 70° 33.468' west longitude; thence in a straight
line in a south southeasterly direction to where it intersects with 42° 39.504' north
latitude and 70° 32.776' west longitude; thence in a straight line due south to where
it intersects with 42° 37.806' north latitude and 70° 32.776 west longitude; thence in
a straight line in a south southwesterly direction to where it intersects with 42°
35.490' north latitude and 70° 34.578' west longitude; thence in a straight line in a
south easterly direction to the nearest point where it intersects with 70° 33.770' west
longitude at the three nautical mile line, as described on NOAA Chart #13278; thence
following the three nautical mile line, as described on NOAA Chart #13278, in a
northerly direction concluding at the starting point.
The Director shall amend the Area 1A Gloucester/Rockport exemption to prohibit
mobile gear fishing within the period of May 1st through May 15th during any year in
which the Director lifts the fixed gear seasonal closures at 322 CMR 12.04 prior to
May 15th of that year. This prohibition to mobile gear fishing shall take effect on the
same date that the fixed gear seasonal closures are lifted. This shall be accomplished
by the Division filing a 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 listserve.
b. Area 1B Ipswich Bay Exemption. During the period December 15th through
April 30th, mobile gear may be fished within those waters under the jurisdiction of
the Commonwealth encompassed by an imaginary line beginning at the intersection
of 70° 47.838' west longitude with the Massachusetts - New Hampshire marine
boundary; thence following the Massachusetts - New Hampshire marine boundary
seaward in an easterly direction to where it intersects with the three nautical mile
line, as described on NOAA Chart #13278; thence following the three nautical mile
line, as described on NOAA Chart #13278, in a southerly direction to the northern
Gloucester-Rockport coastline to where it intersects with 70° 37.365' west longitude;
thence in a straight line in a south southwesterly direction to where it intersects with
42° 42.222' north latitude and 70° 38.130' west longitude; and thence following one
nautical mile seaward from shore in a northerly direction concluding at the starting
point.
c. Restrictions on the Use of Trawl Gear during Area 1A and Area 1B Seasonal
Exemptions. It shall be unlawful for any fisher fishing with mobile gear during the
Area 1A and 1B seasonal exemptions:
i. To fish trawl nets configured with a sweep or a foot rope greater than 80 feet.
ii. To fish trawl nets, unless configured with a sweep or foot ropes composed of
chain, wire or discs.
iii. To fish with roller gear.
iv. To possess or retain any lobsters. Any lobsters caught shall be immediately
returned to the sea.
(b) Area 2 Closure - Boston Harbor - April 1st through December 31st . Except as provided
at 322 CMR 4.06(2)(k), it shall be unlawful to fish with mobile gear from April 1st through
December 31st within the waters of the Area 2 Closure. The Area 2 Closure consists of those
waters under the jurisdiction of the Commonwealth encompassed by an imaginary line
beginning where 42° 21.552' north latitude intersects with the eastern shoreline of Deer
Island in Winthrop; thence in a straight line in an east northeasterly direction to where it
intersects with 42° 24.497' north latitude and 70° 49.232' west longitude; thence in a straight
line in a southwesterly direction to where it intersects with 42° 24.432' north latitude and 70°
49.302' west longitude; thence in a straight line in a south southeasterly direction to where
it intersects with 42° 20.748' north latitude and 70° 48.000' west longitude; thence in a
straight line in a southerly direction to where it intersects with 42° 20.100' north latitude and
70° 48.114' west longitude; thence in a straight line in an east southeasterly direction to
where it intersects with 42° 18.762' north latitude and 70° 45.222 west longitude; thence in
a straight line in a west southwesterly direction to where 42°16.646' north latitude intersects
with the eastern shoreline of Nantasket Beach in Hull; and thence following the shoreline of
Hull in a north and westerly direction along the shoreline concluding at the starting point.
(c)
Area 3 - Hull to Plymouth - May 1st through October 31st . Except as provided at
322 CMR 4.06(2)(k), it shall be unlawful to fish with mobile gear from May 1st through
October 31st within the waters of the Area 3 Closure. The Area 3 Closure consists of those
waters under the jurisdiction of the Commonwealth beginning where 42° 16.646' north
latitude intersects with the eastern shoreline of Nantasket Beach in Hull; thence in a straight
line in a east northeasterly direction to where it intersects with 42° 18.762' north latitude and
70° 45.222' west longitude; thence in a straight line in a east southeasterly direction to where
it intersects with 42° 17.664' north latitude and 70° 42.684' west longitude; thence in a
straight line in a southeasterly direction to the nearest point where it intersects with the three
nautical mile line, as described on NOAA Chart #13267, at 70° 40.986' west longitude;
thence following the three nautical mile line, as described on NOAA Chart #13267, in a
southeasterly direction to where it intersects with 70° 35.367' west longitude; thence in a
straight line in a south southeasterly direction to where it intersects with 42° 6.948' north
latitude and 70° 34.548' west longitude; thence in a straight line in a south southeasterly
direction to where it intersects with 42° 1.632' north latitude and 70° 31.950' west longitude;
thence in a straight line in a south southeasterly direction to where it intersects with 42°
0.984' north latitude and 70° 31.464' west longitude; thence in a straight line in a west
southwesterly direction to where it intersects with 42° 0.200' north latitude at the
southeastern coastline of Gurnett Point in Plymouth; thence in a northwesterly direction
along the shoreline and concluding at the starting point.
(d) Area 4 - Plymouth to Provincetown - May 1st through October 31st . Except as provided
at 322 CMR 4.06(2)(k), it shall be unlawful to fish with mobile gear from May 1st through
October 31st within the waters of the Area 4 Closure. The Area 4 Closure consists of those
waters under the jurisdiction of the Commonwealth beginning where 42° 0.200' north
latitude intersects with the southeastern shoreline of Gurnett Point in Plymouth; thence in a
straight line in east northeasterlydirection to where it intersects with 42° 0.984' north latitude
and 70° 31.434' west longitude; thence in a straight line in south southeasterly direction to
where it intersects with 41° 56.652' north latitude and 70° 28.000' west longitude; thence in
a straight line in a southerly direction to where it intersects with 41° 51.227' north latitude
and 70° 27.536' west longitude; thence in a straight line in a southerly direction to where it
intersects with 41° 49.075' north latitude and 70° 27.289' west longitude; thence in a straight
line in a southeasterly direction to where it intersects with 41° 47.978' north latitude and 70°
25.036' west longitude; thence in a straight line in a easterly direction to where it intersects
with 41° 47.339' north latitude and 70° 22.520' west longitude; thence in a straight line in a
easterly direction to where it intersects with 41° 47.137' north latitude and 70° 19.379' west
longitude; thence in a straight line in a easterly direction to where it intersects with 41°
47.298' north latitude and 70° 16.632' west longitude; thence in a straight line in a east north
easterly direction to where it intersects with 41° 48.630' north latitude and 70° 8.650' west
longitude; thence in a straight line in a northerly direction to where it intersects with 41°
51.666' north latitude and 70° 8.130' west longitude; thence in a straight line in a northerly
direction to where it intersects with 41° 56.550' north latitude and 70° 8.550' west longitude;
thence in a straight line in a northwesterly direction to where it intersects with 41° 57.186'
north latitude and 70° 10.000' west longitude; thence in a straight line due north along the
70° 10' meridian to where it intersects with 41° 59.658' north latitude; thence in a straight
line in a northwesterly direction to where it intersects with 42° 3.498' north latitude and 70°
15.750' west longitude; thence in a straight line in a east northeasterly direction to where it
intersects with 42° 3.654' north latitude at the westerly coastline of Race Point in
Provincetown; and thence in a westerly direction along the shoreline of Cape Cod Bay
concluding at the starting point.
(e) Area 5 - Eastham to Mashpee - May 1st through October 31st . Except as provided at
322 CMR 4.06(2)(k), it shall be unlawful to fish with mobile gear from May 1st through
October 31st within the waters of the Area 5 Closure. The Area 5 Closure consists of those
waters under the jurisdiction of the Commonwealth beginning where 41° 51.666' north
latitude intersects with the easterlyshoreline of Nauset Beach in Eastham; thence in a straight
line due east to where it intersects with the three nautical mile line, as described on NOAA
Chart #13246; thence following the three nautical mile line, as described on NOAA Charts
#13246 and #13237 in a southerly direction to where it intersects with the 70° meridian;
thence following the 70° meridian due north to where it intersects with 41° 29.805' north
latitude; thence on following an arc heading in a northwesterly direction around Monomoy
Island that connects the following coordinates: 41° 29.724' north latitude and 70° 1.087' west
longitude; 41° 29.904' north latitude and 70° 2.335' west longitude; 41° 30.323' north latitude
and 70° 3.313' west longitude; 41° 30.926' north latitude and 70° 4.079 west longitude; 41°
31.718' north latitude and 70° 4.665 west longitude; 41° 32.780 north latitude and 70° 4.665
west longitude; 41° 33.842' north latitude and 70° 4.702' west longitude; and 41° 34.748'
north latitude and 70° 4.510' west longitude; thence in a straight line in a northeasterly
direction to where it intersects with 41° 35.372' north latitude and 70° 3.915' west longitude;
thence in a straight line in a north northwesterly direction to where it interests with 41°
35.749' north latitude and 70 4.098' west longitude; thence in a straight line in a north
northwesterly direction to where it intersects with 41° 36.147' north latitude and 70 4.211'
west longitude; thence in a straight line in a northerly direction to the nearest point where it
intersects with the three nautical mile line, as described on NOAA Chart #13237, at 41°
36.431' north latitude; thence following the three nautical mile line, as described on NOAA
Chart #13237, in a westerly direction to where it intersects with 70°28.086' west longitude;
thence in a straight line in a north northwesterly direction to where it intersects with 70°
28.828' west longitude at the southerly shoreline of Succonesset Point in Mashpee; and
thence in a easterly direction along the shoreline of Cape Cod concluding at the starting
point.
(f) Area 6A - Mashpee to Falmouth ½ Nautical Mile Closure - June 1st through October 31st.
Except as provided at 322 CMR 4.06(2)(k), it shall be unlawful to fish with mobile gear from
June 1st through October 31st within the waters of the Area 6A Closure. The Area 6A
Closure consists of those waters under the jurisdiction of the Commonwealth beginning
where 70° 39.310' longitude intersects with the southerly shoreline of Nobska Point in
Falmouth; thence in a straight line in a south southeasterly direction to where it intersects
with 41° 30.498' north latitude and 70° 39.114' west longitude; thence eastward along an
imaginary line that is ½ nautical mile from the shoreline to where it intersects with 41°
32.868' north latitude and 70° 28.806' west longitude; thence in a straight line in a northerly
direction to where it intersects with 70° 28.908' west longitude at the southerly shoreline of
Succonessett Point in Mashpee; and thence in a westerly direction along the shoreline of
Cape Cod concluding at the starting point.
(g) Area 6B - Mashpee to Falmouth ¼ Nautical Mile Closure - April 23rd through May 31st .
Except as provided at 322 CMR 4.06(2)(k), it shall be unlawful to fish with mobile gear from
April 23rd through May 31st within the waters of the Area 6B Closure. The Area 6B Closure
consists of those waters under the jurisdiction of the Commonwealth beginning where 70°
39.310' longitude intersects with the southerlyshoreline of Nobska Point in Falmouth; thence
in a straight line in a south southeasterly direction to where it intersects with 41° 30.703'
north latitude and 70° 39.191' west longitude; thence eastward along an imaginary line that
is ¼ nautical mile from the shoreline to where it intersects with 41° 33.134' north latitude
and 70° 28.854' west longitude; thence in a straight line in a northerly direction to where it
intersects with 70° 28.908' west longitude at the southerly shoreline of Succonessett Point
in Mashpee; and thence in a westerly direction along the shoreline of Cape Cod concluding
at the starting point.
(h) Area 7 - Southern Shore of the Elizabeth Islands - May 1st through October 31st . Except
as provided at 322 CMR 4.06(2)(k), it shall be unlawful to fish with mobile gear from
May 1st through October 31st within the waters of the Area 7 Closure. The Area 7 Closure
consists of those waters under the jurisdiction of the Commonwealth beginning where 70°
56.898' longitude intersects with the southerly shoreline of Cuttyhunk Island in Gosnold;
thence in a straight line in a southeasterly direction to where it intersects with 41° 24.420'
north latitude and 70° 56.628' west longitude; thence east northeasterly direction following
an imaginary line that is ¼ nautical mile from the shoreline to where it intersects with 41°
30.703' north latitude and 70° 39.191' west longitude; thence in a straight line in a north
northwesterlydirection to where it intersects with 70° 39.310'' west longitude at the southerly
shoreline of Nobska Point in Falmouth; and thence in a westerly direction along the southern
shoreline of the Elizabeth Islands concluding at the starting point.
(i) Area 8A - Nantucket Island North Shore - April 1st through April 30th . Except as
provided at 322 CMR 4.06(2)(k), it shall be unlawful to fish with mobile gear from April 1st
through April 30th within the waters of the Area 8A Closure. The Area 8A Closure
beginning where 70° 2.980' longitude intersects with the northerly shoreline of Great Point
on Nantucket Island; thence in a straight line in a north northeasterly direction to the nearest
point where it intersects with the three nautical mile line, as described on NOAA Chart
#13237, at 70° 2.124' west longitude; thence in a westerly direction along the three nautical
mile line, as described on NOAA Chart #13237, to where it intersects with 70° 19.499' west
longitude; thence in a straight line in a south southwesterly direction to where it intersects
with 41° 21.852' north latitude and 70° 20.686' west longitude; thence in a straight line in a
southeasterly direction to where it intersects with 70° 12.431'' west longitude at the northerly
shoreline of Eel Point on Nantucket Island; and thence in a easterly direction along the
northern shoreline of Nantucket Island concluding at the starting point.
(j) Area 8B - Great Point and Nantucket Harbor - June 1st through September 15th . Except
as provided at 322 CMR 4.06(2)(k), it shall be unlawful to fish with mobile gear from
June 1st though September 15th within the waters of the Area 8B Closure. The Area 8B
Closure beginning where 70° 2.980' longitude intersects with the northerlyshoreline of Great
Point on Nantucket Island; thence in a straight line in a south southwesterly direction to
where it intersects 41° 19.060' north latitude and 70° 6.313' west longitude; thence due south
to where it intersects with the northern shoreline at the western end of the entrance to
Nantucket Harbor; and thence in a easterly direction along the northern shoreline of
Nantucket Island concluding at the starting point.
(k)
General Exemptions to Seasonal Mobile Gear Closures. The following exemptions
shall apply to the seasonal mobile gear closures set forth at 322 CMR 4.06(2)(a) through (j):
1. Purse Seine Exemption. A vessel fishing under the authority of a Coastal Access
Permit - Purse Seine regulated fishery permit endorsement, issued in accordance with
322 CMR 7.01(4)(a), may fish with purse seine gear within the seasonal mobile gear
closures.
2 Inshore Net. A vessel fishing in the inshore net areas, as described at 322 CMR 4.02,
under the authorityof an Inshore Net Fisheryregulated fisherypermit endorsement issued
in accordance with 322 CMR 4.02(3) and 7.01(4)(a), may fish with purse seine gear
inside the seasonal mobile gear closures if so authorized by the conditions set forth in
said Inshore Net Permit, adopted pursuant to 322 CMR 7.01(7).
3. Surf Clam and Ocean Quahog Dredges. A vessel fishing under the authority of a Surf
Clam and Ocean Quahog Dredge regulated fishery permit endorsement, issued in
accordance 322 CMR 7.01(4)(a), may fish with surf clam and ocean quahog dredges
within the seasonal mobile gear closures areas in accordance with 322 CMR 6.08.
4. Bay Quahog Dredge Fishery. A vessel fishing under the authority of a Bay Quahog
Dredge regulated fishery permit endorsement, issued in accordance with 322 CMR
7.01(4)(a), may fish with bay quahog dredges within the seasonal mobile gear closures
in accordance with 322 CMR 6.36. As bay quahogs are jointly managed by
municipalities pursuant to M.G.L. c. 130 § 52 and the seasonal mobile gear closures may
overlap with municipal waters the harvest of bay quahogs within these municipal waters
may also be subject to municipal permitting requirements and harvest regulations.
5. Municipal Shellfish Fisheries. The seasonal mobile gear closure areas shall not apply
to vessels fishing within municipal waters in a shellfish fishery regulated by the
municipality.
(3) Night Closures. Within the waters under the jurisdiction of the Commonwealth, it shall be
unlawful for any vessel using mobile gear to conduct any night fishing.
(4) Trawl Gear General Provisions.
(a) Minimum Trawl Net Mesh Size and Method of Measurement. Except as authorized at
322 CMR 4.06(5), all vessels fishing with trawl gear within the waters under the jurisdiction
of the Commonwealth shall only possess fish taken with nets that have a minimum mesh
size opening that measures at least 6½ inches throughout the cod end and six inches
throughout the remainder of the net.
The mesh size shall be measured by the inside stretch of the net. The mesh size will be
determined by the average of measurements of any series of 20 consecutive meshes. The
mesh in the cod end will be measured at least ten meshes from the lacings beginning at the
after end and running parallel to the long axis.
This minimum net mesh size is measured in accordance with 322 CMR 4.06(4)(a), by
using a wedge-shaped gauge having a taper of two centimeters (0.79 inches) in eight
centimeters (3.15 inches), and a thickness of 2.33 millimeters (0.09 inches), inserted into the
meshes under a pressure or pull of eight kilograms (17.64 pounds).
(b) Trawl Net Modifications.
1. It shall be unlawful to use any device or material including, but not limited to, nets,
net strengtheners, ropes, lines or chafing gear on the top of the trawl net, except that one
splitting strap and one bull rope (if present), consisting of line and rope no more than
three inches in diameter, may be used if such a splitting strap or bull rope does not
constrict in any manner the size of the meshes on the top of the trawl net, as required at
322 CMR 4.06(4)(a).
2. All trawl nets not made on a braiding machine, whether of braided or twisted twine,
whether machine made or hand-made, shall use only one knot: the weavers knot. This
shall include the sheet bend or knot by another name that is the weavers knot.
3. The ends of the twine, called the bars, that exit the knot are constructed so their lay
does not cross or twist.
4. One splitting strap or one bull rope consisting of line or rope no more than two inches
in diameter may be used if such splitting strap or bull rope does not obstruct the meshes
of the net or otherwise diminish the sizes of the net mesh.
5. Canvas, netting or other material may be attached to the underside of the cod end to
reduce wear and prevent damage provided that no more than 25% of the meshes in the
cod end are obstructed.
6. It shall be unlawful to use trawl nets that utilize disks, rollers or rock-hoppers greater
than 12 inches.
(5)
Exempted Small Mesh Trawl Fisheries. To authorize commercial trawl fishermen to
seasonallytarget valuable finfish species that cannot be caught in commerciallyviable quantities
without the use of small mesh trawls, the following exemptions to 322 CMR 4.06(4) apply.
(a) Small Mesh Trawl Squid Fishery. It shall be lawful to fish with small mesh trawls for
squid in accordance with the following requirements:
1. Permitting. The vessel holds a Coastal Access Permit issued in accordance with
M.G.L. c. 130, § 80, and 322 CMR 7.01(4)(a): Regulated Fishery Permit Endorsement.
2. Season. The vessel is fishing within the Small Mesh Squid Trawl Exempted Area
during the period of April 23rd through June 9th . The Director may issue permit
conditions to extend the small mesh trawl squid fishery season in accordance with
M.G.L. c. 130, § 80, and 322 CMR 7.01(7): Conditions.
3. Net Mesh Size and Method of Measurement. The vessel uses small mesh trawls with
meshes measuring at least 1f-inch diamond or square throughout the cod end.
This standard shall be applied throughout the cod end for at least 150 continuous
meshes forward of the terminus of the net. For cod ends with less than 150 meshes
forward of the terminus of the net, this minimum mesh size shall be a applied to a
minimum of a of the net measured from the terminus of the cod end to the head rope.
Meshes shall be measured using a wedge-shaped gauge having a taper of two centimeters
(0.79 inches) in eight centimeters (3.15 inches), and a thickness of 2.33 millimeters (0.09
inches), inserted into the meshes under a pressure or pull of five kilograms (11.02
pounds).
4. Modifications to Strengthen the Net. The vessel shall not use any device, gear or
material applied to the top of the trawl net, except the following:
a. Splitting straps and or bull ropes or wire around the entire circumference of the
cod end, provided these materials do not obstruct or constrict the top of the trawl net
while it is being towed.
b Net strengtheners or net covers that do not have a mesh opening of at least five
inches diamond or square, as measured by the methods described at 322 CMR
4.06(4)(a).
c. A line may be used to close the opening created by the rings in the aftermost
portion of the net, provided the liner extends no more than ten meshes forward of the
aftermost portion of the net, the inside webbing of the cod end shall be the same
circumference or less than any strengthener and the liner is no more than two feet
longer than any net strengthener.
5. Catch Restrictions. Vessels fishing with or in possession of any net that does not
comply with the minimum trawl net mesh size at 322 CMR 4.06(4)(a) are prohibited
from retaining, possessing or landing more than 100 pounds of winter flounder,
yellowtail flounder or summer flounder, in any combination.
(b) Area 1A and Upper Cape Cod Raised Foot Rope Trawl Fisheries for Whiting Fishery.
It shall be lawful to fish with small mesh raised footrope trawls for whiting in accordance
with the following requirements:
1. Permitting. The vessel holds a Coastal Access Permit issued in accordance with
M.G.L. c. 130 § 80, and 322 CMR 7.01(4)(a): Regulated Fishery Permit Endorsement.
2. Season.
a.
Area 1A. The vessel is fishing within Area 1A, as described at 322 CMR
4.06(2)(a)(1)(a), during the period of September 1st through September 30th .
b. Upper Cape Cod. The vessel is fishing within the Upper Cape Cod Whiting Area
during the period of September 1st through November 20th.
3.
Trawl Specifications. The trawl used by the vessel shall conform to the gear
specifications below:
a. Minimum Net Mesh Size and Method of Measurement. The net meshes shall
measure at least 2½-inch diamond or square throughout the cod end. Minimum mesh
size is measured by the inside stretch of the net. Meshes shall be measured using a
wedge-shaped gauge having a taper of two centimeters (0.79 inches) in eight
centimeters (3.15 inches), and a thickness of 2.33 millimeters (0.09 inches), inserted
into the meshes under a pressure or pull of five kilograms (11.02 pounds).
b. Headrope. The trawl shall be configured with a headrope that conforms to the
following requirements:
i.
The headrope is rigged with floats that measure at least eight inches in
diameter.
ii.
The floats are attached along the entire length of the headrope with a
maximum spacing of four feet between each float.
c. Groundgear. The trawl shall be configured with groundgear that conforms to the
following requirements:
i. All bare wire groundgear that is not larger than ½ inch in diameter for the top
leg, e inch in diameter for the bottom leg and not larger than ¾ inch diameter for
the ground cables.
ii. The top legs shall be at least as long as the bottom legs.
iii. The total length of ground cables shall not be greater than 40 fathoms (240
feet) from the trawl doors to the wing ends.
d. Footrope. The trawl shall be configured with a footrope that conforms to the
following requirements:
i. The footrope is longer than the headrope, but by no more than 20 feet longer
than the headrope.
ii. The footrope is rigged so it does not touch the ocean floor when towed.
e. Drop Chains. The trawl shall be configured with drop chains that conform to the
following requirements:
i. The drop chains are at least 42 inches in length.
ii. The maximum size of the drop chain stock shall be 5/16 inch when a sweep is
used and d inch when no sweep is used.
iii. Only bare chain shall be used. The use of additional weights on the drop
chains is prohibited.
iv. Drop chains shall be hung from the center of the footrope and the corners
(the junction of the bottom wing to the belly at the foot rope).
v. Drop chains shall be hung at eight-foot intervals along the footrope from the
corners to the wing ends.
f. Sweep Specifications. The use of a chain sweep is not required. However, if a
chain sweep is used it must conform to the following requirements.
i. The sweep shall be bare chain measuring no greater than 5/16 inch chain stock.
ii. The sweep shall be the same length as the foot rope.
iii. The sweep shall be attached to the ends of the drop chains and the center of
the sweep must be attached to the drop chain from the center of the footrope.
iv. The points where each drop chain is attached on the sweep and the foot rope
must be the same distance from the center drop chain attachments.
v. The ends of the sweeps shall be attached to the drop chains at the center of
the footrope.
4. Bycatch Restrictions. The vessel does not retain, possess or land any cod, haddock,
pollock, redfish, white hake, yellowtail founder, winter flounder, American plaice, witch
flounder, summer flounder, skates, monkfish, ocean pout, sculpin, sea raven, lobsters or
crabs.
(6) Sea Scallop Dredge Gear.
(a) Dredge Width. It shall be unlawful to possess a sea scallop dredge or retain sea scallops
caught by a dredge whereby the dredge or a combination of dredges has an effective fishing
width greater than ten feet six inches while fishing within the waters under the jurisdiction
of the Commonwealth.
(b) Dredge Rings.
1. Minimum Size. It shall be unlawful to possess a sea scallop dredge or retain sea
scallops caught by a dredge with rings less than four inches.
2. Method of Measurement. The minimum ring size shall be determined by measuring
the length of the shortest straight line passing through the center of the ring from one
inside edge to the opposite inside edge. The measurement shall not include normal welds
from ring manufacturing or links. The rings to be measured shall be at least five rings
away from the mouth of the dredge and at least two rings away from the other rigid
portions of the dredge.
(c) Twine Top.
1. Minimum Twine Top Net Mesh Size. It shall be unlawful to possess a sea scallop
dredge or retain sea scallops caught by a dredge using twine top with a net mesh of less
than ten inches square or diamond.
2. Twine Top Configuration. It shall be unlawful to configure or construct the twine top
in any manner that obstructs the net mesh so that it is less than ten inches square or
diamond.
(7) Use of Purse Seines.
(a) Permitting Requirements.
1. Use of Purse Seine Gear within Inshore Restricted Waters. Pursuant to 322 CMR
4.02 and 7.01(4), an Inshore Net Permit regulated fisherypermit endorsement is required
for any commercial fisher to set, fish, or haul a purse seine within inshore restricted
waters defined at 322 CMR 4.02.
2.
Use of Purse Seine Gear Seaward of Inshore Restricted Waters. Pursuant to
322 CMR 7.01(4), a Coastal Access Permit or Coastal Access Permit Purse Seine is
required for any commercial fisher to set, fish, our haul a purse seine within waters under
the jurisdiction of the Commonwealth seaward of inshore restricted waters defined at
322 CMR 4.02.
(b) Restrictions on Use of Purse Seine Gear.
1. Waters under the Jurisdiction of the Commonwealth. It shall be unlawful to set, fish,
or haul a purse seine within waters under the jurisdiction of the Commonwealth:
a. On Saturdays, Sundays, Memorial Day, the 4th of July, and Labor Day.
b. From ½ hour after sunset to ½ hour before sunrise during the period of March 1st
through October 31st or from 6:00 P.M. to 6:00 A.M. during the period of November
1st through the last day of February.
c. within the waters of Cape Cod Bay shoreward of an imaginary straight line drawn
from western breakwater at Sesuit Harbor in Dennis, thence in a northerly direction
to the #1 buoy on Billingsgate Shoal, thence in a northeasterly direction to the
southernmost tip of Jeremy Point in Wellfleet.
2. Within Inshore Restricted Waters. Within the inshore restricted waters defined at
322 CMR 4.02, it shall be unlawful to set, fish, or haul a purse seine:
a. year-round within the waters of Buzzards Bay, as defined at 322 CMR 4.02.
b. on Fridays within the waters of Beverly Harbor, as defined at 322 CMR 4.02.
3. Within Boston Harbor. Within the inshore restricted waters of Boston Harbor, as
defined at 322 CMR 4.02, it shall be unlawful to set, fish, or haul a purse seine:
a. within the waters of the Charles River upstream of an imaginary straight line
drawn from Pier 4 in Charlestown to the easternmost Coast Guard Pier in Boston.
b. within the waters of the Mystic River upstream of an imaginary straight line
drawn from the end of the Massport concrete pier to the white storage tanks at the
Exxon Terminal.
c. within the waters of the Chelsea River upstream of the Andrew McCardle Bridge.
d. within the waters of Dorchester Bay shoreward of an imaginary straight line
drawn from UMASS Boston to the Corita Gas Tank.
e. within the waters of the Neponset River upstream of the Southeast Expressway.
f. within the waters of Marina Bay in Quincy shoreward of the breakwater.
g. within the waters of the Weir River upstream of Red Nun "8".
h. within the waters of Winthrop Harbor shoreward of an imaginary straight line
beginning at the southern end of Cottage Park Yacht Club in Winthrop south to the
"1" day marker and then east to Coughlin Park, Winthrop.
i. within any area designated as an "A Anchorage Area" described on NOAA Chart
#13270
Exception: A commercial fisher may fish with purse seines within the
"Anchorage Area A" on NOAA Chart #13270 off Merrymount in Quincy.
4. Permit Conditions. Pursuant to the authority at M.G.L. c. 130, § 80 and 322 CMR
7.01(7), the Director may establish permit conditions affecting the use of purse seines as
necessaryand appropriate for purposes of conservation and management or to protect the
public health, welfare and safety.
(8)
Experimental Fisheries. The Director may, at their discretion, authorize the use of
nonconforming mobile gear. This will be done to collect data to determine if certain gear
modifications may be appropriate. Permit holders must request and obtain a Letter of
Authorization to participate in any authorized experimental fishery.
(9) Declaration of Temporary Mobile Gear Closures. The Director may declare temporary
mobile gear closures within the waters under the jurisdiction of the Commonwealth, if the
Director has determined that the closure is necessary to immediately resolve gear conflicts due
to high densities of fixed fishing gear or to protect high densities of molted lobsters.
(a)
Procedure for Declaring Temporary Mobile Gear Closures. The declaration of a
temporary closure is not effective until:
1. It has been approved by a majority of the Marine Fisheries Advisory Commission.
2. A notice of closure has been filed with the Massachusetts Register and published or
posted in conspicuous places accessible to fishers. The notice of closure must state:
a. a determination of need or basis for the closure;
b. the exact area to be closed; and
c. the duration during which the closure will be in effect.
3. During the temporary closure the Director shall consider comments on the closure by
the public or a state or federal agency. Based on these written comments the Director
may alter, amend or rescind the closure in accordance with this procedure.
(10) Gear Retrieval. Any vessel using mobile gear whose gear becomes entangled with ghost
gear may haul said ghost gear on board for the purpose of identification and shall return the ghost
gear to the rightful owner, if authorized in writing by said owner of the ghost gear.
(11) Prohibitions. It shall be unlawful:
(a) to violate any provision of 322 CMR 4.06;
(b) for any vessel or person to molest, damage, destroy, cut or deface any fixed and stable
fishing gear;
(c) for any vessel or person to possess any ghost gear without proper written authorization
of the owner;
(d) for any vessel to retain, possess or land any lobsters harvested by mobile gear within the
waters under the jurisdiction of the Commonwealth.
(e) to use in any manner any mobile fishing gear in or possess any fish, including finfish,
shellfish or crustaceans, harvested from an area which has been closed pursuant to 322 CMR
4.06(9).
(4.08: Fishing and Shellfish Equipment: (Reserved))