INDEX

322 CMR 4.00: FISHING AND SHELLFISH EQUIPMENT

Section
4.01:Use of Purse Seines in Cape Cod Bay
4.02:Nets in Inshore Waters
4.03: (Reserved)
4.04:Fish Weir Buffer Zone
4.05:Use of Nets for the Taking of Bluefish (Pomatomus saltatrix)
4.06:Use of Mobile Gear
4.08:Use of Bottom Gillnets North of Cape Cod
4.09:Use of Gillnets South and West of Cape Cod
4.10:Use of Sea Scallop Dredges
4.11:Use of Gillnets in Massachusetts Bay
4.12:Use of Nets for Taking Striped Bass (Morone Saxatilis) or Shad (Alosa sapidissima)
4.13:Fixed Gear Marking and Maximum Length Requirements


4.01  Use of Purse Seines in Cape Cod Bay
     Rules and Regulations Governing the Use of Purse Seines in Cape Cod Bay, adopted under provisions of M.G.L. c. 30A and M.G.L. c. 130, §§ 2, 17A and 104..
(1)  General.
(a)  No person shall fish with nets or seines, commonly known as purse seines, in Cape Cod Bay inside of a line drawn from Sesuit Harbor in Dennis, northerly to #1 buoy on Billingsgate Shoal, thence northeasterly to Jeremy Point, so-called, in Wellfleet unless he is the holder of a Special Permit for a Regulated Fishery which may be issued by the Division.
(b)  All persons fishing within the regulated area shall, inasmuch as possible, monitor channel 2638 on the marine radio or channel 23 CB for information pertaining to sport fishing activity in the area and shall avoid fishing in the immediate areas where sports fishermen are concentrated.
(c)  The Director or his agents shall have the right to board and inspect any vessels engaged in the regulated fishery and to immediately suspend fishing operations, if in his judgement, such action is warranted to protect any fishery.
(2)  Restricted Area In addition to the above general regulations governing seining in the said portion of Cape Cod Bay, seining inside of a line drawn from Rock Harbor, Orleans, northwesterly to the #2 flashing red/bell buoy, thence northerly to Jeremy Point, so-called, in Wellfleet shall be subject to the following specific regulations:
(a)  Permittees shall obtain special authorization from the Director to seine within the restricted area.
(b)  Permittees wishing to seine in the restricted area shall post a bond in the amount of $ 1,500 to cover any costs incurred by local or state government for picking up and disposing of any fish that may be spilled by the permittee.
(c)  Seining shall be prohibited in the restricted area prior to June 7 of each year.
(d)  Not more than two vessels may seine in the restricted area at any one time.
(e)  Applications for special authorization to seine in the restricted area must be received at the office of the Director by June 1, of each year. In the event that there are more than two applicants for special authorization, the Director shall have the right to set up a drawing by chance to determine the allocation of special authorizations.
(f)  Permittees shall notify the Division (at 727-3189) and the Harbor Master of the Town of Wellfleet on each day that they intend to conduct seining operations in the restricted area.
(g)  All carrier boats must "stand by" or "lay off" outside of the #10 buoy in the Wellfleet Harbor channel and shall not operate inside of said buoy except for direct ingress or egress from the harbor or to immediately take on or land the catch from the permitted seining operation.
(3)  Closed Area. Closed Area. Seining is prohibited at all times in Wellfleet Harbor north of latitude 41 55'.
4.00
4.02  Nets in Inshore Waters
(1)  Purpose. The purpose of 322 CMR 4..02 is to manage net fishing participation in the inshore waters of the Commonwealth on a year-round basis with a particular focus on winter flounder and the spawning season. In addition, it is designed to reduce conflicts between different fisheries and users and to identify and regulate all inshore net fisheries for purposes of resource conservation and management.
(2)  Inshore Waters. 322 CMR 4.02 contains a listing of the defined inshore waters and the description of the outer boundaries as delineated by specific structures such as jetties, points, and other landmarks.
(a)  Boston and North
1.  Merrimack River -- Waters inside a line drawn between easternmost tips of north and south jetties.
2.  Plum Island Sound -- Waters inside a line drawn from the dome on Castle Hill, Ipswich to the southernmost tip of Plum Island -- Approx. 5 degree True.
3.  Essex Bay -- Waters inside northwesternmost point of Wingaersheek Beach to the southeasternmost point of Castle Neck -- Approx. 72 degree True.
4.  Annisquam River, Gloucester -- Waters inside line from northern tip of Farm Point to the Annisquam River Horn on Wigwam Point -- Approx. 53 degree True.
5.  Rockport Harbor -- Waters inside line drawn from the spit on the southern shore of the Harbor to the flasher on the easternmost tip of the north breakwater -- Approx. 354 degree True.
6.  Gloucester Harbor -- Waters inside line drawn from Eastern Point Flashing beacon to Mussel Point -- Approx. 350 degree True.
7.  Manchester Harbor -- Waters inside line drawn from westernmost tip of Proctor Point to Tucks Point -- Approx. 350 degree True.
8.  Beverly Harbor -- Waters inside line drawn eastern most tip of Yacht Club Pier to southernmost tip of Woodbury Point -- Approx. 29 degree True.
9.  Salem Harbor -- Waters inside line drawn from Ft. Pickering Light to nothernmost tip of Naugus Head, Marblehead -- Approx. 148 degree True.
10.  Marblehead Harbor -- Waters inside line drawn from flashing green beacon on northernmost tip of Marblehead Neck to the flag tower at Ft. Seawall -- Approx. 302 degree True.
11.  Lynn Harbor -- Waters inside line drawn from easternmost tip of Point of Pines to the Cupola on Little Nahant -- Approx. 108 degree True.
12.  Boston Harbor -- All waters inside lines drawn from the tower on Telegraph Hill in the town of Hull to the southernmost point of Lovell Island thence from the northernmost point of Lovell Island to the southeasternmost tip of Deer Island.
(b)  Cape Cod Canal to Boston
1.  Little Harbor, Cohasset -- All waters west and south of Atlantic Avenue.
2.  Cohasset Harbor -- All waters inside line drawn from northernmost point of Strawberry Point to easternmost point of Quarry Point -- Approx. 268 degree True.
3.  Scituate Harbor -- Waters inside line drawn from northernmost point of First Cliff to the flashing red beacon on the eastern tip of the breakwater on Cedar Point -- Approx. 43 degree True.
4.  North River/South River -- Waters inside line drawn from northernmost point of Fourth Cliff to the southernmost point of Third Cliff -- Approx. 322 degree True.
5.  Green Harbor, Marshfield -- Waters inside line drawn between the southernmost tips of the entrance jetties.
6.  Plymouth, Kingston, Duxbury Harbors -- All waters inside line drawn from the southwestern point of Saquish Head to the northernmost point of Plymouth Beach -- Approx 218 degree True.
(c)  Cape Cod
1.  Sandwich Harbor -- Waters inside line drawn between northernmost tips of entrance jetties.
2.  Scorton Harbor, Sandwich -- Waters inside line drawn between northernmost tips of entrance jetties.
3.  Barnstable Harbor -- Waters inside line drawn from the easternmost tip of Beach Point to the western tip of the eastern shore of Bass Hole -- Approx. 84 degree True.
4.  Sesuit Harbor, Dennis -- Waters inside line drawn between northernmost tips of entrance jetties.
5.  Wellfleet Harbor -- Waters inside line drawn from the southernmost tip of Jeremy Point due east (90 degree True) to the shore of Sunken Meadow, Eastham.
6.  Pamet Harbor, Truro -- Waters inside a line drawn between the westernmost tips of the entrance jetties.
7.  Provincetown Harbor -- Waters inside a line drawn from the northernmost tip of Long Point 13 degree True to the tank west of Mayflower Heights.
8.  Nauset Harbor -- Waters inside a line drawn from the northernmost point of Nauset Heights to the southeasternmost part of Nauset Beach, Orleans -- Approx. 329 degree True.
9.  Pleasant Bay -- Waters inside line drawn from the southwesternmost point of Nauset Beach, Chatham to the southernmost point of Morris Island -- Approx. 334 degree True.
10.  Stage Harbor, Chatham -- Waters inside line drawn from westernmost point of Harding Beach Point to the southernmost point of Stage Harbor -- Approx. 268 degree True.
11.  Taylors Pond, Chatham -- All waters including Cockle Cove and Bucks Creek.
12.  Saquatucket Harbor, Harwich -- Waters inside line drawn southernmost tips of entrance breakwaters.
13.  Wychmere Harbor, Harwich -- Same as Saquatucket Harbor.
14.  Allen Harbor, Harwich -- Same as Saquatucket Harbor.
15.  Herring River, Harwich -- Waters inside line drawn between southernmost tips of entrance breakwaters.
16.  Swan Pond River and Swan Pond, Dennis -- All waters.
17.  Bass River, Yarmouth-Dennis -- All waters inside line drawn between southernmost tips of entrance jetties.
18.  Parker River, Yarmouth -- All waters inside entrance.
19.  Hyannis Harbor-Lewis Bay -- Waters inside line drawn from Point Gammon to the flashing green beacon on the Hyannisport breakwater -- Approx. 307 degree True.
20.  Hall Creek-Hyannisport -- All waters inside entrance.
21.  East Bay, Barnstable -- Waters within line drawn from the southernmost tip of Long Beach to the southernmost tip of the south breakwater.
22.  West Bay, Barnstable -- Waters inside line drawn between southernmost tips of entrance breakwaters.
23.  Cotuit Bay-North Bay, Barnstable -- Waters inside line drawn from northwesternmost point of Oyster Harbors Beach (Sampsons Island) to Bluff Point -- Approx. 212 degree True.
24.  Popponesset Bay, Mashpee-Barnstable -- Waters inside line drawn from northernmost point of Thatch Island to Meadow Point -- Approx.289 degree True
25.  Waquoit Bay, Mashpee-Falmouth -- Waters inside line drawn between southernmost tips of entrance jetties.
26.  Eel Pond, Falmouth -- Waters inside line drawn between southernmost tips of entrance jetties.
27.  Bournes Pond, Falmouth -- All water inside entrance.
28.  Green Pond, Falmouth -- Waters inside line drawn between southernmost tips of entrance jetties.
29.  Little Pond, Falmouth -- All waters inside entrance.
30.  Falmouth Inner Harbor -- Waters inside of line drawn between tips of entrance breakwaters.
31.  Salt Pond, Falmouth -- Waters inside entrance.
32.  Oyster Pond, Falmouth -- Waters inside entrance.
33.  Little Harbor, Falmouth -- Waters inside line drawn from Juniper Point to Nobska Point Light -- Approx. 100 degree True.
34.  Great Harbor, Woods Hole -- Waters inside line drawn from Juniper Point to Penzance Point -- Approx. 287 degree True.
(d)  The Islands.
1.  Nantucket Harbor -- Waters inside a line drawn between the outermost tips of the entrance jetties.
2.  Madaket Harbor, Nantucket -- Inside a line drawn from Eel Point -- Approx. 196 degree True -- to the southwesternmost tip of Madaket.
3.  Vineyard Haven Harbor -- Waters inside a straight line drawn from the northern tip of the breakwater north of Lagoon Pond Bridge to the northern tip of the Vineyard Haven Breakwater and thence to the west shore of Vineyard Haven Harbor (includes Lagoon Pond).
4.  Oak Bluffs -- Waters inside line drawn between outermost tips of breakwaters.
5.  Hart Haven Harbor-Farm Pond, Oak Bluffs -- All waters inside entrance jetties.
6.  Sengekontackett Pond, Oak Bluffs-Edgartown -- All waters west of Beach Road (includes Trapps Pond).
7.  Edgartown Inner Harbor-Katama Bay -- Waters inside area bounded as follows - Edgartown Light to Chappaquiddick Point and Norton Point to southwesternmost part of Chappaquiddick Island.
8.  Cape Poge Bay, Edgartown -- All waters inside line drawn south 180 degree True from the north side of Cape Poge Gut.
9.  Edgartown Great Pond -- All waters inside entrance.
10.  Tisbury Great Pond -- All waters inside entrance.
11.  Menemsha Pond -- Waters inside line drawn between outermost tips of entrance jetties.
12.  James Pond, West Tisbury -- All waters inside entrance.
13.  Lake Tashmoo, Tisbury -- All waters inside line drawn between outermost tips of entrance jetties.
(e)  Buzzards Bay to Mount Hope Bay, and Cuttyhunk Pond.
1.  Buzzards Bay -- All waters inside Buzzards Bay north and east of a line drawn from the southernmost point of Gooseberry Neck to Cuttyhunk Light.
2.  Westport River -- Waters inside a line drawn from Westport Light to the westernmost tip of Horseneck Point - Approx. 331 degree True.
3.  Richmond Pond, Westport -- All waters inside entrance.
4.  Mount Hope Bay -- All waters north of the Massachusetts/Rhode Island boundary line including Mount Hope Bay, Cole's River, Lee's River, and Taunton River,
5.  Cuttyhunk Pond -- All waters inside entrance.
(f)  Narragansett Tributaries.
1.  Runnins River -- All waters within the river.