,

INDEX

322 CMR 6.00: REGULATION OF CATCHES

Section
6.01: Lobster Maximum and Minimum Sizes
6.02: Taking of Lobsters in the Coastal Waters of the Commonwealth
6.03: Cod, Haddock, Pollock, Yellowtail Flounder, Halibut and Monkfish
6.04: Atlantic Bluefin Tuna
6.05: Atlantic Sea Scallop (Placopecten Magellanicus) Management
6.06: Atlantic Salmon Restoration
6.07: Striped Bass Fishery (Morone saxatilis)
6.08: Surf Clam and Ocean Quahog Fisheries
6.09: Winter Flounder, Fluke, Dabs and Gray Sole
6.10: Management of the Atlantic Freshwater Clam (Corbicula fluminea)
6.11: Reserved
6.12: Fish Pot Fishery Restrictions
6.13: Lobster Trap Limit in the Coastal Waters of the Commonwealth
6.14: Lobster Car Restrictions
6.15: Black Sea Bass, Scup, and Conch Fishery Pot Limit
6.16: Atlantic Sturgeon Prohibition
6.17: River Herring
6.18: Bluefish Recreational Catch Limit
6.19: Blue Crab Restrictions
6.20: Minimum Sizes for Quahogs, Soft Shelled Clams and Oysters
6.21: Minimum Size for Conch
6.22: Summer Flounder (Fluke) Restrictions
6.23: Winter Flounder Restrictions
6.24: Sea Urchin Management
6.25: Lobster Landing Window
6.26: Bycatch Lobster Landing/Possession Limits
6.27: Scup and Black Sea Bass Permitting and Reporting Requirements
6.28: Scup and Black Sea Bass Fishery Limits
6.29: Acushnet River Estuary Fisheries Closures
6.30: American Eels
6.31: Trap Tags
6.32: Frozen Shell-on Lobster Parts
6.33: Lobster Management Areas
6.34: Horseshoe Crab Management
6.35: Spiny Dogfish Management
6.36: Quahog Management in State Waters
6.37: Coastal Shark Conservation and Management
6.38: Shellfish Landing and Harvest Restrictions Necessitated by Marine Biotoxins
6.39: Loligo Squid Management
6.40: Commercial Tautog (Tautoga onitis) Fishery Limits
6.41: Smooth Dogfish (Mustelus canis) Management


6.01  Lobster Maximum and Minimum Sizes
(1)  Maximum & Minimum Size.
  (a) Commercial Fishery:
1.  Commercial fishermen fishing or authorized to fish in LCMA 1 as defined in 322 CMR 6.33 are prohibited from possessing a lobster with a carapace length smaller than 3 1/4 inches or larger than five inches.
2. Commercial fishermen fishing or authorized to fish in LCMA 2, 4, and 5 as defined in 322 CMR 6.33 are prohibited from possessing a lobster with a carapace length smaller than 3 3/8 inches and, effective July 1, 2008, larger than 5 1/4"..  
3.  Commercial fishermen fishing or authorized to fish in LCMA 3 as defined in 322 CMR 6.33 are prohibited from possessing a lobster with a carapace length:
i. smaller than:
  a. 3 15/32 inches from July 1, 2007 through June 30, 2008;
  b. 3 1/2 inches from July 1, 2008 and beyond; and
ii. larger than:
  a. 7” from June 30, 2008 through June 30, 2009;
  b. 6 7/8” from July 1, 2009 through June 30, 2010;
  c. 6 ¾” from July 1, 2010 and beyond.
4. Commercial fishermen fishing or authorized to fish in LCMA Outer Cape Cod as defined in 322 CMR 6.33 are prohibited from possessing a lobster with a carapace length smaller than 3 3/8 inches.  
5. Commercial fishermen fishing or authorized to fish in LCMA Area 6 as defined in 322 CMR 6.33 are prohibited from possessing a lobster with a carapace length smaller than 3 9/32 inches and, effective July 1, 2008, larger than 5 1/4".
(b)  Non-Commercial Fishery:
1. Non-commercial fishermen fishing in the Gulf of Maine Recreational Area as authorized under 322 CMR 7.01(4)(b) and defined in 322 CMR 6.33 are prohibited from possessing a lobster with a carapace length smaller than 3 1/4 inches or larger than five inches.
2. Non-commercial fishermen fishing in the Outer Cape Cod Recreational Area as authorized under 322 CMR 7.01(4)(b) and defined in 322 CMR 6.33 are prohibited from possessing a lobster with a carapace length smaller than 3 3/8 inches.
3. Non-commercial fishermen fishing in the Southern New England Recreational Area as authorized under 322 CMR 7.01(4)(b) and defined in 322 CMR 6.33 are prohibited from possessing a lobster with a carapace length smaller than 3 3/8 inches or larger than 5 1/4 inches.
(2)  Method of Measurement
(a)  All lobsters shall be measured immediately. Any person diving for lobster shall measure all lobsters in possession prior to surfacing.
(b)  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.
6.00
6.02  Taking of Lobsters in the Coastal Waters of the Commonwealth
(1)  Gear Restrictions. It is unlawful for any person to take or attempt to take lobsters from waters under the jurisdiction of the Commonwealth by use of pots or traps without said pots or traps having the following features:
(a)  Escape Vent: One or more unobstructed rectangular escape vents or openings or two or more unobstructed round openings in the parlor section(s) of the trap from which lobsters are normally removed by the fisherman. Separate parlors shall be vented individually, while only the outer of connected parlors must be vented.
1.  Commercial fishermen fishing or authorized to fish, in LCMA 1 as defined in 322 CMR 6.33 shall rig their traps with vents that measure at least 1-15/16 inches by 5 3/4 inches or two circular vents that measure at least 2-7/16 inches.
2.  Commercial fishermen fishing, or authorized to fish in LCMA 2, 3, 4, 5, 6, or Outer Cape Cod, as defined in 322 CMR 6.33 shall rig their traps with vents that measure at least two inches by 5 3/4 inches or two circular vents that measure at least 2 5/8 inches.
3.  Non-commercial fishermen fishing in the Gulf of Maine Recreational Lobster Area as defined in 322 CMR 6.33 shall rig their traps with vents that measure at least 1-15/16 inches by 5 3/4 inches or two circular vents that measure at least 2-7/16 inches.
4.  Non-commercial fishermen fishing in the Outer Cape Cod or Southern New England Recreational Lobster Areas as defined in 322 CMR 6.33 shall rig their traps with vents that measure at least two inches by 5 3/4 inches or two circular vents that measure at least 2 5/8 inches.
(b)  Ghost Panel: a panel or other mechanism which is designed to create an opening to allow the escapement of lobsters within 12 months after a trap has been abandoned or lost, the specifications of which are as follows:
1.  The opening covered by the panel or created by other approved mechanism shall be rectangular and measure at least 3 3/4 by 3 3/4 inches, shall be located in the outer parlor section(s) of the trap, and in a position which allows an unobstructed exit of lobsters from the trap.
2.  The panel shall be constructed of, or fastened to the trap with, one of the following materials: wood lath; cotton, hemp, sisal or jute twine not greater than 3/16 inch in diameter; or non-stainless, uncoated ferrous metal not greater than 3/32 inch in diameter.
3.  The door of the trap may serve as the ghost panel if fastened to the trap with a material specified in 322 CMR 6.02(b).
4.  The escape vent specified in 322 CMR 6.02(1) may serve as a ghost panel if incorporated into a panel constructed of, or attached to the trap with, a material specified in 322 CMR 6.02(b), and upon breakdown of the degradable materials, will create an opening for egress of lobsters at least 3 3/4 by 3 3/4 inches.
5.  For purposes of 322 CMR 6.02(2) traps constructed entirely or partially of wood shall be considered to be in compliance if constructed of wood lath to the extent that deterioration of wooden component(s) will result in an unobstructed opening as specified in 322 CMR 6.02(2)(a).
(c)  Maximum Trap Size. Volume of any trap must not exceed 22,950 cubic inches.
(2)  Egg-bearing lobsters
(a)  It is unlawful to remove eggs from any berried lobster.
(b)  It is unlawful to land or possess any lobster:
1.  from which eggs have been removed.
2.  that has come in contact with any substance capable of removing lobster eggs.
(3)  V-notched Female Lobster Protection
(a)  Purpose: The purpose of 322 CMR 6.02 (3) is to protect certain female lobsters from harvest that bear a v-shaped notch or the remnant of a healed notch on a specific flipper, evidence that the lobster has been marked and released for conservation purposes. Area-specific v-notch standards regarding the possession of previously notched lobsters are created by this regulation consistent with the area-specific components of the interstate management plan. For purposes of complying with 322 CMR 6.02(3) commercial fishing areas and non-commercial fishing areas are those referenced in 322 CMR 6.33 and 322 CMR 6.01, respectively.
(b) V-notching Methods. Any commercial fishermen required by 322 CMR or authorized to mark lobsters with a v-shaped notch shall carve a v-shaped notch in the base of a specific flipper by means of a sharp bladed instrument, at least ¼ inch and not greater than a ½ inch in depth and tapering to a sharp point. For purposes of 322 CMR 6.02 (3) the specific flipper is to the right of the center flipper as viewed from the rear of the female lobster when the underside of the lobster is down.
(c) Mutilated V-notch. For purposes of complying with 322 CMR 6.02(3), it is unlawful for any person to possess a female lobster that is mutilated in a manner that could hide, obscure or obliterate a v-shaped notch.
(d) Requirements for Commercial Lobstermen in LCMA 1 to V-notch all egg-bearing females. Commercial lobstermen fishing or authorized to fish in LCMA 1 are required to v-notch and release immediately all egg bearing female lobsters caught in the process of lobstering.
(e) Area-specific Restrictions on Possessing V-notched Female Lobsters
1. Commercial Fishermen in LCMA 1 and Non-commercial fishermen in the Gulf of Maine Recreational Lobster Area It is unlawful for any commercial fisherman fishing or authorized to fish in LCMA 1 and non-commercial fishermen fishing in the Gulf of Maine Recreational Lobster Area as defined in 322 CMR 6.33 to possess any female lobster bearing a v-shaped notch of any size with or without setal hairs.
2. Commercial Fishermen in LCMA 2. It is unlawful for any commercial fisherman fishing or authorized to fish in LCMA 2 as defined in 322 CMR 6.33 to possess any female lobster that bears a notch or indentation in the base of the flipper that is at least as deep as 1/8 inch, with or without setal hairs.
3. Commercial Fishermen in LCMA 3, 4,5, and 6. It is unlawful for any commercial fisherman fishing or authorized to fish in LCMAs 3, 4, 5, and 6 to possess any female lobster bearing:
(i) a v-shaped notch that is at least ¼ inch in depth and tapering to a sharp point without setal hairs, through June 30, 2008;
(ii) a notch or indentation in the base of the flipper that is at least as deep as 1/8 inch, with or without setal hairs, from July 1, 2008 and beyond.
4. Commercial Fishermen in the Outer Cape Cod LCMA, Non-commercial Fishermen in the Outer Cape Cod Recreational Lobster Area and Dealers. It is unlawful for any commercial fisherman fishing or authorized to fish in the Outer Cape Cod LCMA or any non-commercial fisherman fishing in the OUter Cape Cod Recreational Lobster Area as defined in 322 CMR 6.33 or any dealer to possess any female lobster that bears a notch or indentation in the base of the flipper that is at least as deep as 1/4 inch and tapering to a sharp point without setal hairs.
5. Non-commercial fishermen fishing in the Southern New England Recreational Lobster Area. It is unlawful for any non-commercial fisherman fishing in the Southern New England Recreational Lobster Area as defined in 322 CMR 6.33 to possess any female lobster bearing a notch or indentation in the base of the flipper that is at least as deep as 1/8 inch, with or without setal hairs.
(4)  Non-Commercial Lobster Daily Possession and Landing Limit. It shall be unlawful for any person to harvest more than 15 lobsters per calendar day for personal use, or possess more than 15 lobsters while lobster fishing in waters under the jurisdiction of the Commonwealth.
(5)  Seasonal Closures. Fishing for lobster with pots is prohibited in the:
(a)  Outer Cape LCMA from January 15 th through March 15 th. Fishermen are required to remove all lobster traps from waters of the Outer Cape LCMA as defined in 322 CMR 6.33 during this closed period. It is unlawful for any fisherman authorized to fish traps in the Outer Cape LCMA to fish, set, or abandon any lobster traps in the OCC LCMA during this seasonal closure.
 
 
6.00
6.03  Cod, Haddock, Pollock, Yellowtail Flounder and Halibut
(1)  Definitions. For the purpose of 322 CMR 6.00 only, the following words shall have the following meanings:
(a)  Cape Cod South and East Cod Management Area means those waters under the jurisdiction of the Commonwealth south of 42 [degrees] 00' excluding waters of Cape Cod Bay.
(b)  Cod means that species of fish known as Gadus morhua.
(c)  Fish for means to harvest, catch, take, have on board, possess or land or attempt to harvest, catch, take, have on board, possess or land any cod, haddock, pollock or yellowtail flounder.
(d)  Gonads means sex glands commonly known as ovaries or testes or any portions thereof removed from fish and retained for purposes of sale.
(e)  Gulf of Maine Cod Management Area means those waters under the jurisdiction of the Commonwealth north of 42 [degrees] 00' and in all waters of Cape Cod Bay.
(f)  Haddock means that species of fish known as Melanogrammus aegleinus.
(g) Halibut means that species of fish known as Hippoglossus hippoglossus.
(h)  Land means to transfer or offload any cod, haddock, pollock or yellowtail flounder onto any vessel, boat, watercraft, land, dock, pier, wharf or other artificial structure used for the purpose of receiving fish.
(i)  Monkfish whole weight means tail weight multiplied by 3.32 conversion factor.
(j)  Recreational fishing means fishing for cod, haddock, pollock or yellowtail flounder with hand-held gear other than nets for a purpose or use other than sale, exchange or barter.
(k)  Pollock means that species of fish known as Pollachius virens.
(l)  Total Length means that length of a fish as measured from the tip of the snout to the farthest end of the tail.
(m)  Yellowtail flounder means that species of fish known as Limanda ferruginea.
(2)  Minimum Size. It is unlawful to fish for cod, haddock, pollock, yellowtail flounder, halibut, or monkfish of a size less than the following:
(a)  Commercial Fishing.
1.  Cod: 22 inches
2.  Haddock and Pollock: 19 inches.
3.  Yellowtail flounder: 13 inches.
4.  Halibut: 36 inches.
5.  Monkfish: 17 inches in total length or monkfish tails less than 11 inches in total length.
(b)  Recreational Fishing
1.  Cod
  i.  Gulf of Maine Cod Management Area: 24 inches.
  ii.  Cape Cod South and East Cod Management Area: 22 inches.
2.  Haddock: 19 inches.
3.  Yellowtail Flounder: 13 inches.
4.  Halibut: 36 inches.
(3)  Method of Measurement
(a)  Minimum Size. The minimum sizes established in 322 CMR 6.03(2) shall be determined by the greatest straight line length in inches as measured on a fish with its mouth closed from the anterior most tip of the haw or snout to the farthest extremity of the tail. For fish with forked tails, the upper and lower fork may be squeezed together to measure the tail extremity.
(b)  Exceptions for Possession of Cod Parts. For purposes of determining weights for trip limits as established by 322 CMR 6.03(b), the weight of fillets will be multiplied by 3, and the weight of headless whole-gutted cod will be multiplied by 1.25. The weights of cheeks removed from cod heads and cod gonads consistent with 322 CMR 6.03(b) shall be exempt from the possession limits.
(c)  Prohibition It shall be unlawful for a commercial fisherman to mutilate any cod in such a way as to interfere with or affect a proper or adequate measurement of the fish.
(4)  Recreational Fishery Limit.
(a)  Gulf of Maine Cod Management Area:
1. April through October: It is unlawful for any recreational fisherman to possess more than ten cod per person, per day during April through October;
2. November through March:
  i.  For-hire: It is unlawful for customers aboard for-hire vessels to land or possess cod harvested from the Gulf of Maine Cod Management Area during November through March.
  ii.  Private Anglers: It is unlawful for anglers aboard private vessels or fishing from shore to possess more than two cod per person per day, not to exceed 75 lbs. per vessel during November through March.
(b)  Cape Cod South and East Cod Management Area: It is unlawful for recreational fishermen to possess more than ten cod per person, per day.
(c)  Exceptions:
1. Customers aboard head boats which are permitted pursuant to 322 CMR 7.01(4)(e) and fishing in federal waters may possess cod in compliance with federal regulations.
(5)  Commerical Fishery Cod Limit. The trip limits established in 322 CMR 6.03(5) shall be determined by the weight of whole, whole-gutted, or gilled fish.
(a)  North of Cape Cod It is unlawful for any vessel fishing within waters under the jurisdiction of the Commonwealth north of 42 [degrees] 00' and in all waters of Cape Cod Bay to land or possess more than 800 lbs. of cod during a 24-hour day, except that vessels with federal permits allowing the taking of cod from federal waters may possess and land more than 800 lbs. provided said cod were lawfully taken from federal waters.
(b)  East and South of Cape Cod It is unlawful for any vessel fishing within waters under the jurisdiction of the Commonwealth south of 42 [degrees] 00' excluding waters of Cape Cod Bay to land or possess more than 1,000 lbs. of cod during a 24-hour day except that vessels with federal permits allowing the taking of cod from federal waters may possess and land more than 1,000 lbs. provided said cod were lawfully taken from federal waters.
(6)  Gonad Restrictions.
(a)  Possession Limit. It is unlawful for fishermen to possess any quantity of gonads that in aggregate weighs in excess of 10% of the weight of Atlantic cod aboard the vessel.
(b)  Prohibition. It is unlawful for fishermen to remove gonads from any fish that measures below the minimum size or from any legal-sized fish released due to state or federal possession limits.
(7)  Seasonal Commercial Fishery Limits for Yellowtail Flounder.

It is unlawful for any vessel fishing within waters under the jurisdiction of the Commonwealth to land or possess more than 250 lbs. of yellowtail flounder during a 24-hour day.  Exception: Vessels with federal permits allowing the taking of yellowtail flounder from federal waters may possess and land more than the seasonal trip limits provided said yellowtail flounder were lawfully taken from federal waters.

(8) Halibut Fishery Possession Limit.
(a) Commercial fishery. It is unlawful for commercial fishermen to land or possess more than one halibut per vessel per day.
(b) Recreational fishery. It is unlawful for recreational fishermen to land or possess more than one halibut per person per day.
(9) Commercial Fishery Monkfish Limit. It is unlawful for any vessel fishing within waters under the jurisdiction of the Commonwealth to land or possess more than 470-lbs. of monkfish tails or 1,560-lbs. whole weight, except that vessels with federal permits allowing the taking of monkfish from federal waters may possess and land more than 470-lbs. of monkfish tails or 1,560-lbs. whole weight provided said monkfish were lawfully taken from federal waters.
6.00
6.04  Atlantic Bluefin Tuna
(1)  Preamble In 1974, the Massachusetts Division of Marine Fisheries promulgated regulations governing the taking, landing and sale of Atlantic bluefin tuna. 322 CMR 6.00 imposed reporting requirements on tuna fishermen, limited the size of the total catch permitted in Massachusetts, and limited the number of vessels in the purse seine fishery for Atlantic bluefin tuna to those vessels which operated in that fishery prior to 1964.
   In 1975, Congress enacted the Atlantic Tunas Convention Act, 16 U.S.C. 971, et seq., (ATCA). Regulations promulgated pursuant to ATCA established federal reporting requirements, annual catch limits and an inspection and certification scheme for tuna purse seine vessels (50 CFR Part 285).
   Pursuant to 50 CFR 285.8 federal regulations were made applicable within Massachusetts territorial waters. In 1976 Massachusetts deleted all provisions of its 1974 regulations with the exception of the limit on the number of fishing vessels in the purse seine fishery for Atlantic bluefin tuna, and extended the grandfather provision to cover those purse seine vessels operating in the fishery prior to 1974.
   On June 22, 1979, the United States Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, (NMFS) published an interpretation of its regulations vis-a-vis the Massachusetts regulations stating that the application of federal regulations in state waters is not intended to prevent the application of state regulations which when concurrently applied do not conflict with federal regulations, and are not inconsistent with conservation and management of Atlantic bluefin tuna under recommendations made by the International Commission for the Conservation of Atlantic Tunas (44 Fed. Reg. 122, 50 CFR 285). This interpretation concluded by stating "No effort has been made in our continuing review of laws and regulations to prevent the concurrent application of regulations such as the Massachusetts limited entry scheme for tuna purse seine vessels." (44 Fed. Reg. at 3639).
(2)  Definitions. For the purposes of 322 CMR 6.00 and unless the context requires otherwise the following words shall have the following meanings:
(a)  Director means the Director of the Massachusetts Division of Marine Fisheries, or his agents or representatives.
(b)  Division means the Massachusetts Division of Marine Fisheries, 100 Cambridge Street, Boston, Massachusetts 02202.
(c)  Fish for means to harvest, catch, take or encircle, or attempt to harvest, catch, take or encircle any tuna by means of a purse seine.
(d)  Tuna means that species of Atlantic bluefin tuna, Thunnus thynnus thynnus, irrespective of size, weight or classification.
(e)  Vessel allocation means a written letter, certificate or other documentation signed by the Regional Director, Northeast Region, National Marine Fisheries Service, National Oceanic and Atmospheric Administration, United States Department of Commerce, verifying that the holder thereof has been allocated a specified amount of tuna authorized to be caught by means of a specified purse seine fishing vessel.
(3)  Regulated Fishery. It shall be unlawful to fish for tuna by means of any net except as follows:
(a)  tuna may be taken in fish traps authorized pursuant to M.G.L. c. 130, § 29 as an incidental catch only. The Director shall have the right to inspect any authorized fish trap if he determines that the fish trap has been set or is being specifically operated to take and trap tuna, and he may modify the trap construction and its operations as he deems appropriate;
(b)  vessels may fish for tuna by means of a purse seine provided that said vessel has fully complied with the registration requirements contained in 322 CMR 6.04(4);
(c)  vessels may not fish for tuna prior to September 1, of any year.
(d)  vessels may not fish for tuna within Cape Cod Bay, defined as those waters which lie south of an imaginary line running from Brant Rock in Marshfield to Race Point in Provincetown as appearing on charts of the National Oceanic and Atmospheric Administration and as line A on the attached published chart, during any weekend, defined as the 48 hour period beginning on Friday midnight and ending on Sunday midnight, and during any Massachusetts or federal holiday, during the period September 1 through September 30, except that 322 CMR 6.04(3)(d) shall not apply when the federal tuna quota in the general category has been reached per notification of the National Marine Fisheries Service; and


(e)  vessels may not fish for tuna from September 1 through September 15 within an area bounded as follows: beginning at the shoreline of the Loran 9960-Y-44020 line; then following the Loran 9960-Y44020 line in an easterly direction to its intersection with the Loran 9960-X25340 line; thence following the Loran 9960-X-25340 line in a northeasterly direction to its intersection with the Loran 9960-W-13830 line; thence following the Loran 9960-W-13830 line in a northerly direction to its intersection with the shoreline; thence following the shoreline within Cape Cod Bay to the point of beginning; all as appearing as line B on the attached published chart 6.04-1; except that 322 CMR 6.04(3)(e) shall not apply when the federal tuna quota in the general category has been reached per notification of the National Marine Fisheries Service.
(4)  Vessel Registration. Vessels intending to fish for tuna by means of a purse seine must have on board the following authorizations:
(a)  Commercial Fisherman Permit. This permit authorizes an individual to fish for tuna for commercial purposes within the territorial waters of the Commonwealth, and shall be issued in the name of the applicant.
(b)  Regulated Fishery Permit. This permit authorizes an individual to fish for tuna by means of a purse seine within the territorial waters of the Commonwealth, shall be issued in the name of the applicant and validated for use on board one named purse seine vessel only.
(c)  Conditions. Each regulated fishery permit issued may be accompanied by a Statement of Conditions to be determined by the Director relative to the use of that permit. Said conditions may include, but are not limited to:
1.  the days or hours in which tuna fishing may be authorized;
2.  the areas where tuna fishing may be authorized;
3.  the quantity of purse seine gear to be used, and the manner in which it may be used;
4.  requirements for accommodating state observers on board any registered purse seine vessel; and
5.  reporting requirements for any registered purse seine vessel.
    All conditions shall be subject to change by the Director and shall be effective upon written notice to the holder of the regulated fishery permit to which the Statement of Conditions apply.
(d)  Requirements. In order to be eligible for a regulated fishery permit pursuant to 322 CMR 6.00 an applicant must submit with the application a vessel allocation evidencing that the applicant has been given a tuna purse seine allocation.
(e)  Validation. A regulated fishery permit shall be validated in the name of the purse seine vessel named in the vessel allocation. In the event of loss or damage to the vessel, change of vessel name, or replacement of the vessel, the regulated fishery permit shall become void and inoperative. In order to obtain a new regulated fishery permit the individual must make new application pursuant to 322 CMR 6.00 and have the permit validated in the name of the new vessel.
(f)  Signature. Each permit and the Statement of Conditions issued pursuant to 322 CMR 6.00 shall be signed by the applicant. The signature of the applicant shall constitute notice of these regulations and the Statement of Conditions issued, and shall constitute an express agreement to abide thereby.
(g)  Display. All permits and the Statement of Conditions issued pursuant to 322 CMR 6.00 shall be carried on board the registered purse seine vessel during all aspects of tuna fishing operations, and shall be produced upon demand by any individual authorized to enforce 322 CMR 6.00.
(5)  Enforcement. Each registered purse seine vessel shall conduct its fishing operations so as not to conflict with or disrupt any pleasure boat, charter boat, party boat, other commercial fishing vessel, or any fixed fishing gear.
    If, in the opinion of the Director, the registered purse seine vessel has violated any condition as contained in the Statement of Conditions, or unnecessarily or unduly disrupted the fishing activities of any sport or commercial fisherman, or damaged any fixed fishing gear, the regulated fishery permit of the registered purse seine vessel shall be suspended immediately and surrendered forthwith to the Director. Thereafter, and in an expeditious manner, the Director or a Presiding Officer to be appointed by him shall conduct an adjudicatory proceeding pursuant to M.G.L. c. 30A and 801 CMR 1.01 to determine whether the regulated fishery permit shall be permanently revoked.
(6)  Reservation. The Division has determined that:
(a)  322 CMR 6.04 is intended to concurrently apply with 50 CFR Part 285, and is consistent with conservation and management of tuna under recommendations made by the International Commission for the Conservation of Atlantic Tunas; and
(b)  any Special Acts of the Massachusetts Legislature governing purse seining activities in the territorial waters of Massachusetts are fully applicable and are not superseded or otherwise repealed by operation of law pursuant to M.G.L. c. 130, §§ 17A and 104.
(7)  Prohibitions. It shall be unlawful for any person:
(a)  to fish for tuna with a purse seine without a valid commercial fisherman permit and a regulated fishery permit issued by the Division;
(b)  to fish for tuna with a purse seine prior to September 1, of any year;
(c)  to violate any conditions as set forth in the Statement of Conditions issued to any person who has received a valid regulated fishery permit;
(d)  to fish for tuna with a purse seine during a period of permit suspension or revocation under 322 CMR 6.04(5);
(e)  to harass, intimidate, disrupt, obstruct, conflict or interfere with the fishing activity of any other fishing vessel, sport boat, party boat, charter boat or head boat, or damage any fixed fishing gear;
(f)  to fish for tuna with a purse seine within Cape Cod Bay, as those waters are set forth in 322 CMR 6.04(3)(d), on any weekend, defined as the 48 hour period beginning on Friday midnight and ending on Sunday midnight, or on any Massachusetts or federal holiday, during the period September 1 through September 30, unless the federal tuna quota in the general category has been reached;
(h)  to fish for tuna with a purse seine during the period September 1 through September 15 in those waters set forth in 322 CMR 6.04(3)(e) unless the federal tuna quota in the general category has been reached; or
(i)  to fish for tuna by means of a purse seine without supplying the Director with a written report of the location(s), time(s), date(s), and catch of each purse seine set upon the completion of each fishing day.
(8)  Penalties. Violation of any provision of 322 CMR 6.00 shall be punishable by:
(a)  a fine of not less than $ 10 nor more than $ 1,000 or
(b)  suspension and/or revocation of the commercial fisherman permit and the regulated fishery permit; or
(c)  forfeiture of all tuna unlawfully taken or the proceeds thereof; or
(d)  forfeiture of all boats, vehicles and apparatus used in violation of 322 CMR 6.00; or
(e)  any combination of the above.
6.00
6.05  Atlantic Sea Scallop (Placopecten Magellanicus) Management
(1)  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 3 1/2 inches in diameter from the hinge to the outer edge.
(2)  Notwithstanding 322 CMR 6.05(1), 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 3 1/2 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.
(3)  Recreational Fishery Limit. In any one day, it is unlawful for a recreational fisherman to harvest or possess more than one bushel of whole scallops or four quarts of shucked scallops for personal use.
(4)  Permits
(a)  No person shall take or possess scallops in excess of the recreational fishery limits as defined in 322 CMR 6.05(3) unless licensed as a commercial fisherman under the authority of 322 CMR 7.01.
(b)  Commercial fishermen who harvest sea scallops by hand must possess a commercial permit endorsed for sea scallop diving.
(c)  No person shall be issued a commercial permit endorsed for sea scallop diving unless he or she is a bona fide resident of the Commonwealth or is a resident of a state that grants equal access to Massachusetts residents.
(d)  Each individual diver on board a vessel where the scallop quantities exceed the recreational possession limit as noted in 322 CMR 6.05(3) must possess a commercial permit endorsed for sea scallop diving.
(e)  Commercial fishermen who harvest sea scallops by mobile gear from waters under the jurisdiction of the Commonwealth must possess a Coastal Access commercial permit as defined in 322 CMR 7.05.
(5)  Disposition of Catch. No scallops shall be landed or brought ashore in the shell unless the area fished is classified as Approved by the Division in accordance with the National Shellfish Sanitation Program.
6.00
6.06  Atlantic Salmon Restoration
(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.
6.00
6.07  Striped Bass Fishery (Morone saxatilis)
(1)  Purpose and Scope. Since approximately October 1981 the Atlantic coastal states, through the auspices of the Atlantic States Marine Fisheries Commission (ASMFC), have been developing conservation and management measures to arrest the sever decline in the stocks of striped bass and to manage restored stocks. This cooperative management effort has been successful and as a consequence, the Chesapeake Bay Stock of the Atlantic Coast striped bass resource has been declared recovered as of January 1, 1995. A new striped bass Plan Amendment (# 6) has been implemented by the ASMFC that provides for harvesting of this recovered resource.
   The following regulations represent the Commonwealth's response to this cooperative and joint coastal state conservation management effort. The objective of 322 CMR 6.07 is to allow controlled sustained recreational and commercial fishing for striped bass pursuant to the provision s of the ASMFC striped bass plan.
   322 CMR 6.07 is designed to identify the various user groups, implement conservation and management measures tailored to each group, and collects accurate statistics on striped bass catch levels. Persons intending to fish for striped bass have the option of classifying their activity as recreational or commercial. If a person intends to catch striped bass only for personal consumption and not for sale, that person need not obtain a license, may fish year round, may retain striped bass that measure at least 28", but may not retain more than two striped bass at any one time. Any person intending to catch and possess striped bass in excess of the limits and/or intends to sell striped bass so caught must be fishing under the authority of a commercial permit and a regulated fishery permit for striped bass. However, 322 CMR 6.07 establishes a commercial fishing season that closes upon reaching the commercial catch quota, establishes a minimum commercial size of 34", and requires fish to be sold only to dealers licensed and authorized by the Commonwealth.
   Finally, 322 CMR 6.07 allows wholesale and retail dealers to sell striped bass under certain conditions. Imported fish must be marked with a numbered tag that identifies the state of origin and must be accompanied by documents that verify state of origin. Nonconforming (undersized) striped bass may be imported into the Commonwealth only during the period corresponding to the Massachusetts closed commercial season, and those fish must have been legally taken, shipped and meet documentation requirements.
(2)  Definitions. For purposes of 322 CMR 6.07 the following words shall have the following meanings:
(a)  Commercial Quota means the allowable annual Massachusetts commercial harvest of striped bass approved annually by the Director and Marine Fisheries Commission pursuant to Amendment V of the Atlantic States Marine Fisheries Commission interstate striped bass management plan. The Director and the Commission may reduce a year's commercial quota to compensate for any overage incurred in the previous year. Commercial fishing for striped bass shall end when the quota is reached.
(b)  Commercial Fisherman means any person who harvests or attempts to harvest striped bass for any purpose other than personal consumption.
(c)  Commercial Season means that period when commercial fishing is allowed beginning on July 12 and ending when the quota is reached. The commercial season shall be further regulated by no-fishing days.
(d)  Director means the Director of the Division of Marine Fisheries, 251 Causeway Street, Suite 400, Boston Massachusetts 02114.
(e)  First Sale means the first commercial transaction, by sale, barter or exchange, of any striped bass after its harvest from the waters.
(f)  High-grading means the discarding a smaller legal-sized fish (previously captured and retained) in favor of a larger legal-sized fish.
(g)  Open Fishing Days means Sundays, Tuesdays, Wednesdays, and Thursdays within the commercial season when commercial fishermen may harvest or attempt to harvest striped bass.
(h)  Person means any individual, firm, corporation, association, partnership, club, bar, restaurant, supermarket, food warehouse, or private body.
(i)  Recreational Fisherman means any person who harvests or attempts to harvest any striped bass for personal consumption.
(j)  Total Length means the greatest straight line length in inches as measured on a fish with its mouth closed from the anterior most tip of the jaw or snout to the farthest extremity of the tail. For fish with forked tails, the upper and lower fork may be squeezed together to measure the tail extremity.
(3)  Regulated Fishery Permit The following special permit shall be required:
(a)  A commercial fisherman shall have issued to him or her by the Director a regulated fishery permit for striped bass, in addition to any other permits required by the Massachusetts General Laws, in the following categories:
1.  resident; and
2.  non-resident.
(b)  A striped bass regulated fishery permit authorizes the named individual and/or a commercial fishing vessel to engage in the harvest, possession, and landing of striped bass for commercial purposes in compliance with 322 CMR 6.07, 7.01, and 7.04.
(c)  A striped bass regulated fishery permit shall be valid only during the striped bass commercial season as provided for in 322 CMR 6.07(4)(b).
(d)  A striped bass regulated fishery permit shall be carried by the holder at all times when catching, taking, possessing or selling striped bass, and shall be displayed forthwith on demand of any Environmental Police officer or other official authorized to enforce 322 CMR 6.07.
(4)  Commercial Management Measures. For purposes of conservation and management of the resource the following measures shall apply to commercial fishermen who harvest, catch or take, and/or sell, barter or exchange, or attempt to sell, barter or exchange any striped bass:
(a)  Massachusetts commercial striped bass harvest will be limited annually by the commercial quota less any amount deducted to compensate for the previous year's overage.
(b)  Commercial fishermen may fish for striped bass only during the commercial season and open fishing days within said season beginning on July 12 and ending upon the reaching of the commercial quota.
(c)  Commercial fishermen engaged in commercial fishing for striped bass may not possess striped bass less than 34" in total length. If the number of striped bass a board a vessel is greater than twice the number of fishermen, then all striped bass in possession must be greater than 34" in total length, and all fishermen must be commercially permitted as described in 322 CMR 6.07(3)(a). Striped bass less than 34" in total length shall be returned immediately to the waters from which taken.
(d)  Commercial fishermen engaged in striped bass fishing may not possess or land more than 30 striped bass per day on Tuesdays, Wednesdays, and Thursdays and 5 striped bass per day on Sundays during the open season. This limit applies to any individual fishermen fishing from shore or to any vessel regardless of the number of individual licensed commercial fishermen aboard.
(e)  All striped bass which are the subject of a first sale shall be in the round, with the head, body and tail fully intact.
(f)  Except as provided for in 322 CMR 6.07(4)(g), no striped bass may be filleted or processed in any manner except by evisceration. In all prosecutions or non-criminal citations issued, mutilation of a striped bass which interferes with or affects a proper or adequate measurement of the fish shall be prima facie evidence that the striped bass was or is less than 34" in total length.
(g)  For-hire vessels permitted under the authority of 322 CMR 7.01(4) may fillet or process legal sized striped bass for their recreational customers at sea provided that:
1.  not more than four fillets taken from legal striped bass, minimum of 28" total length, are in possession for each customer of that trip for a total not to exceed 24 fillets representing the equivalent of two fish per customer; the skin must be left on the fillet;
2.  the frames (or racks) from which the fillets were removed must be retained aboard the boat to check for minimum size, and the number of frames must not exceed twice the number of customers. Frames may be disposed of the following day, or just prior to subsequent trips that occur the same day; and
3.  the total number of striped bass onboard the fishing vessel does not exceed twice the number of persons.
(h)  Commercial fishermen shall accurately report to the Director on forms supplied by the Division the catch by month, location and size of all striped bass harvested during the open season. Said catch report shall be filed no later than November 30 of each year, shall be held strictly confidential by the Director and shall be signed under the pains and penalties of perjury. Failure to complete and submit an accurate form prior to November 30 or falsification of any such form may result in a non-renewal of the striped bass special permit.
(i)  Commercial fishermen shall sell striped bass only to dealers duly authorized by the Director to purchase striped bass.
(j)  Non-resident commercial fishermen shall sell striped bass only to duly authorized dealers.
(k)  Commercial fishermen shall sell striped bass only during the commercial season and only during the open fishing days within the commercial season.
(l)  Commercial fishermen may harvest, catch, or take striped bass by rod-and-reel or handline only.
(m)  Commercial fishermen engaged in commercial fishing for striped bass may not fish aboard the same vessel at the same time as recreational fishermen.
(5)  Recreational Management Measures. For purposes of conservation and management of the resource the following measures shall apply to recreational fishermen who harvest, catch, take or possess or attempt to harvest, catch, take or possess any striped bass:
(a)  All striped bass shall be no less than 28 inches in total length. Striped bass less 28 inches in total length shall be released immediately to the waters from which taken.
(b)  Recreational fishermen may retain no more than:
1.  two striped bass per day; and
2.  may possess no more than two striped bass at any one time.
(c)  Recreational fishermen may not sell, barter or exchange any striped bass.
(d)  Recreational fishermen may not discard dead striped bass that are 28 inches or greater in total length.
(e)  To prohibit the practice of high-grading as defined in 322 CMR 6.07(2) recreational fishermen may not retain legal-sized striped bass and release said fish in favor of another larger legal-sized striped bass captured subsequently. Any legal-sized fish not immediately released into the water and held by stringer, live-well or another means shall be considered intent to high-grade.
(6)  Dealer Management Measures. For purposes of conservation and management of the resource the following measures shall apply to any dealer who possesses, sells or offers to sell any striped bass:
(a)  Dealers shall not purchase striped bass from commercial fishermen without written authorization from the Director.
(b)  Dealers shall report all striped bass purchases from commercial fishermen based on schedules and on forms to be provided by the Division.
(c)  Dealers may not purchase or receive from a commercial fisherman any striped bass which is less than 34" in total length.
(d)  Dealers may not purchase, receive or possess from a commercial fisherman any striped bass which has been mutilated in such a way as to interfere with or affect a proper or adequate measurement of the fish.
(e)  Dealers may not purchase or receive from a commercial fisherman any striped bass during the no-fishing days within the commercial fishing season.
(f)  Dealers may purchase and offer for sale striped bass imported into Massachusetts from states where they have been lawfully landed provided that:
    (1) all striped bass imported into Massachusetts shall be whole and individually tagged with state of origin listed. If fish are re-sold whole, tags shall remain attached to the fish. If fish are filleted after importation, all containers of fillets shall be documented describing fish origin, name of the Massachusetts dealer that processed the fish, quantity, and species. Original tags shall be maintained on the dealer's premises for 30 days after processing.  
    (2) all striped bass imported into Massachusetts shall meet or exceed the minimum size in place for the state of origin, except that during the period that the Massachusetts commercial fishery is open plus five consecutive days after the season is closed, all striped bass must meet or exceed the Massachusetts minimum size as set forth in 322 CMR 6.07(4). 
(7)  Prohibitions. It shall be unlawful for:
(a)  a recreational fisherman to retain more than two striped bass per day;
(b)  a recreational fisherman to possess more than two striped bass at any one time;
(c)  a recreational fisherman to sell, barter or exchange or offer to sell, barter or exchange any striped bass;
(d)  a recreational fisherman to take or possess any striped bass less than 28" in total length;
(e)  a recreational fisherman to mutilate any striped bass in such a way as to interfere with or affect a proper and adequate measurement of the fish; such mutilation shall be prima facie evidence of a violation of this section;
(f)  a recreational fishermen to discard dead striped bass that are 28" or greater in total length.
(g)  a recreational fisherman to "high-grade" striped bass or to keep striped bass alive in the water by attaching a line or chain to the fish or placing the fish in a live-well or holding car.
(h)  a commercial fisherman to sell striped bass to other than an authorized dealer.
(i)  a non-resident commercial fisherman to possess more than two striped bass upon leaving Massachusetts;
(j)  a commercial fisherman to catch, take, possess, sell, barter, exchange or attempt to sell, barter or exchange any striped bass without having issued to him or her a valid permit to do so;
(k)  a commercial fisherman to catch, take, possess, sell, barter, exchange or attempt to catch, take, possess, sell, barter or exchange any striped bass for commercial purposes once the commercial quota is reached and the commercial fishery is closed, or to possess more than two striped bass during the no-fishing days;
(l)  a commercial fisherman to sell, barter, exchange or attempt to sell, barter, exchange any striped bass during the no-fishing days within the commercial season;
(m)  a commercial fisherman to catch, take, possess, sell, barter, exchange or attempt to sell, barter or exchange any striped bass less than 34" in total length;
(n)  any commercial fisherman to take or possess more than 30 striped bass during a single calendar day during the open commercial season on Tuesdays, Wednesdays, and Thursdays, and 5 fish on Sundays;
(o)  commercial fisherman to fish aboard any vessel with more than 30 striped bass aboard during the open fishing season regardless of the number of licensed commercial anglers aboard;
(p)  a commercial fisherman to fillet or process any striped bass other than by evisceration;
(q)  a commercial fisherman to mutilate any striped bass in such a way as to interfere with or affect a proper or adequate measurement of the fish;
(r)  a commercial fisherman to participate in the first sale of any striped bass which is not in the round, or which has had the head or tail removed;
(s)  a commercial fisherman to fail to file a complete and accurate catch report by November 30 of each year, or falsify any such catch report;
(t)  a wholesale or retail dealer to purchase or receive during a first sale any striped bass which has been mutilated in such a way as to interfere with or affect a proper or adequate measurement of the fish;
(u)  a wholesale or retail dealer to purchase or receive from a commercial fisherman any striped bass which is less than 34" in total length;
(v)  a wholesale or retail dealer to purchase or receive from a commercial fisherman any striped bass after the open commercial season has closed.
(w)  any dealer to fail to report all striped bass purchases from commercial fishermen as prescribed by the Director.
(x)  any commercial fishermen to harvest, catch, or take striped bass by longlines or tub-trawls;
(y)  any vessel rigged for commercial netting or any vessel possessing baited or unbaited longline or tub-trawl gear to possess striped bass;
(z)  any wholesale or retail dealer to possess, sell, barter or exchange or offer to sell, barter or exchange any striped bass imported into Massachusetts unless such fish so imported is tagged as specified by 322 CMR 6.07(6)(f).
(aa)  commercial fishermen to discard dead striped bass that are 34" or greater in total length.
(bb)  any person to receive during a first sale any striped bass unless permitted as a wholesale or retail dealer pursuant to 322 CMR 7.01. All persons involved in the sale of striped bass beyond the first sale, shall furnish upon request of the Director or the Environmental Police purchase receipts documenting the sale of the fish.
(8)  Penalties. Violations of any provision of 322 CMR 6.07 shall result in:
(a)  revocation of the special permit, wholesale dealer permit, retail dealer permit, or authorization to purchase striped bass;
(b)  confiscation of all striped bass caught, possessed or sold in violation of 322 CMR 6.07;
(c)  seizure and forfeiture of all property used in violation of 322 CMR 6.07;
(d)  a fine not less than $ 100 nor more than $ 1,000; or
(e)  a combination of 322 CMR 6.07(8)(a) through (d).
6.00
6.08  Surf Clam and Ocean Quahog Fisheries
(1)  Definitions. For the purposes of 322 CMR 6.08 the following words shall have the following meanings:
(a)  Batch means all shellfish in each separate container.
(b)  Bushel means an industry standard bushel of 1.88 cubic feet in volume.
(c)  Cage means an industry standard container which is 60 cubic feet in volume and holds 32 bushels of clams in the shell.
(d)  Commercial fishing means to harvest, catch or take surf clams or ocean quahogs for purposes of sale.
(e)  Container means any bag, box, basket, cage, or other receptacle containing loose shellfish which may be separated from the entire load or shipment.
(f)  Director means the Director of the Massachusetts Division of Marine Fisheries, 100 Cambridge Street, Boston, Massachusetts 02202.
(g)  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.
(h)  Dredging means the use of a dredge to harvest surf clams or ocean quahogs within the territorial waters of the Commonwealth.
(i)  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.
(j)  Ocean Quahog means that species of shellfish known as Arctica Islandica.
(k)  Surf clam means that species of shellfish known as Spisula solidissima.
(l)  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 1 to April 30, 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 1 to October 31 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 1 to October 31, 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 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)(g).
(h)  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.
(i)  The provisions of 322 CMR 6.08(2)(a) and (b) shall not apply to the waters of the Town of Gay Head.
(j)  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 a pole at 9960-W-13873.2, 9960-Y-43934.0; thence proceeding to the starting point at 9960-W-13872.5, 9960-Y-43937.5.
(k)  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 southwesternmost 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 f ollowing 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.


(3)  Surf clam restrictions. The following restrictions shall apply to vessels dredging for surf clams in waters under the jurisdiction of the Commonwealth.
(a)  Surf Clam Trip Limits.
1.  It is unlawful for any vessel to catch or harvest greater than 200 bushels of surf clams per 24 hour day.
2.  It is unlawful for any vessel to catch, harvest, possess, have on board, land or offload greater than 400 bushels of surf clams per 48 hour period, or at any time while fishing or having fished in waters under the jurisdiction of the Commonwealth during any trip.
3.  Vessels properly licensed to do so may land surf clams legally taken outside the territorial waters of the Commonwealth in excess of the trip limit established by 322 CMR 6.08(3)(a) provided that no vessel engaged in fishing for surf clams within territorial waters may possess or have on board more than the prescribed limit.
(b)  Surf Clam Gear Restrictions.
1.  It is unlawful for any vessel to operate with any hydraulic dredge with an effective fishing width greater than 48 inches except in the following area where it is unlawful for any vessel to operate with any hydraulic dredge with an effective fishing width greater than 100 inches: south of Cape Cod within an area circumscribed by an imaginary line beginning at the intersection of the Loran C line 9960-Y-43940 with the Chatham shoreline; thence seaward following the Loran C line 9960-Y-43940 to its intersection with the territorial seas line; thence following the territorial seas line in a southerly direction to its intersection with the 70 [degrees] W meridian of longitude; thence in a southerly direction along the 70 [degrees] W meridian of longitude to its intersection with the territorial seas line; thence following the territorial seas line in a southerly direction and south of Nantucket Island and Martha's Vineyard to the Massachusetts/Rhode Island boundary; thence in a northerly direction following the Massachusetts/Rhode Island boundary to the shoreline; thence following the shoreline in an easterly direction to the starting point.