* Refers to Commercial fishing only.

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Angling: Fishing with handline or rod, with naturally or artificially baited hook.

Closed Season: The time when fish cannot be lawfully taken.

"Coastal Waters" (Waters under the jurisdiction of the Commonwealth of Massachusetts): include all of Mass. Bay, Cape Cod Bay, Nantucket Sound, the waters within the rise and fall of the tide and extends three miles offshore from an established baseline. It does not include the waters within or above any fishladder or dam, nor the waters above any tidal bound legally established by DEP in streams flowing into the sea.

Fish: Any animal life inhabiting the ocean or its connecting waters, including any crustacea or marine fish, whether free swimming or free moving, and any shellfish or seaworms, whether or not embedded in the soil.

Snagging, Snatching or Hooking: The taking of fish not attracted by bait or artificial lure with hooks, gangs, or lures, whether baited or unbaited, in manner so as to pierce and hook a fish in any part of the body other than the mouth.

The verb To Fish in all of its moods and tenses is to take or attempt to take fish by any means, whether or not such method or means results in their capture.

Sale of Fish: A permit is required to sell fish.

Weir, Pound Nets or Fish Traps may be set by a person.possessing written authorization to do so from the aldermen, city.council or selectmen in the community of use, and also the written.approval of the director of Marine Fisheries and DEP, subject to.such conditions as they may impose. Such weirs, traps or pound nets must be conspicuously marked in an approved manner.

Portions of Streams flowing into coastal waters may be closed.during spawning season for the purpose of protecting smelt and.their spawn. Notices of such closings are posted on or near such.closed areas giving the bounds thereof.

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Trawling, Gillnetting, Seining, Torching and other fishing methods are illegal in certain areas at certain times of the year. Specific laws and regulations are available from the Division of Marine Fisheries, Boston.

Snagging, Snatching or Hooking of anadromous fish: including shad, smelt, white perch, striped bass, trout and salmon, but excluding alewives or river herring is strictly prohibited.

The taking of Sturgeon, Atlantic Salmon, all marine mammals, all sea turtles and the Diamond Black Terrapin is prohibited.

The sale of Billfish (except Swordfish) landed in Massachusetts is prohibited.

A minimum of 6" diamond or 6.5" square mesh is required by trawlers capable of catching flounder. There are area and season restrictions on mobile gear, contact the Division of Marine Fisheries for details.

A minimum of 6" mesh is required for gillnets fished for groundfish in state waters. For full details of the groundfish fishery changes, see the press release which explains the Federal Judge's remedial order.

No vessel (except purse seiners) over 90' registered length may fish in MA waters. Maximum vessel size is 72' length overall for draggers & scallopers.

Vessels using nets may not fish in coastal waters with disks, rollers, or rockhoppers greater than 12" in diameter.

Mobile gear fishing in coastal waters at night is prohibited.

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Sea Urchin: a marine echinoderm of the species, Strongylocentrotus droebachiensis.

Shellfish: Clams, conchs, mussels, oysters, periwinkles, ocean quahogs, quahogs, surf clams, sea scallops, bay scallops and winkles (moonsnails).

                            Closed       Possess
Species                     Season       Limit               Min.-Size

Bay Scallops              4/1-10/1      10 Bu/day            Well-dfnd
                                        including Annual     growthline
                                        shells*                    
Conchs                       ---        ---                  2 3/4" width
Surf Clams                   ---        400 Bu/48 hr         5"
Oysters                      ---        ---                  3"
Soft-shell clams             ---        ---                  2"
Sea Scallops                 ---        ---                  3 1/4" height
Quahogs                      ---        ---                  1" thickness
Sea Urchins       SCUBA:  5/1-8/31      ---                  2" exclude spines
            Mobile Gear:  5/1-9/30                                                                                             

Minimum size measured by longest diameter. These sizes are subject to change, contact the Division for further information.

The taking of shellfish, eels and seaworms are subject to the control of the cities and towns. Consult local authorities for regulations and permits. However, the Division of Marine Fisheries has authority to regulate surf clams, ocean quahogs & shellfish taken from certain contaminated areas.

Sale of shellfish: To sell shellfish, an individual must possess a town/city commercial shellfish permit, a state commercial fisherman permit endorsed for shellfish, and a shellfish ID card issued by the Division of Marine Fisheries.

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Species         Closed Season     Minimum Size

Edible Crabs    Jan.1 - April 30   ------
Blue Crab       Jan.1 - April 30   4 1/8"(1)
Lobster         ----               3 1/4"(2)  There is a maximum carapace size of 5" 
                                              for lobster taken from the Gulf of Maine.

(1) Blue Crabs are measured across the shell from tip to tip of the posterior-most, longest spines along the lateral margins of the carapace.

(2) Carapace length measured from rear of eye socket parallel to the center line of the bodyshell to the rear of the bodyshell. All lobsters measuring less than the minimum legal carapace length must be returned to the waters from which taken. All lobsters must be measured immediately. (see graphic below)

Measuring a Lobster

Closed Season: the time during which fish cannot be lawfully taken.

Crustacea: all lobster, crabs, and shrimp.

Edible Crab: any crab other than the green crab.

Blue Crab: a marine crustacean of the species, Callinectes sapidus.

Green Crab: a marine crustacean of the species, Carcinus meanus.

Lobster: the common American Lobster of the species, Homarus americanus.

V-notched female lobster: means any female lobster bearing a v-shaped notch in the right flipper adjacent to the middle flipper or any female lobster which is mutilated in a manner which could hide, obscure, or obliterate such a mark. The right flipper will be examined when the underside of the lobster is down and its tail is toward the person making the determination.

V-shaped notch: means a straight-sided triangular cut without setal hairs at least one-quarter inch in depth and tapering to a sharp point.

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LOBSTER/CRAB PERMITS

A lobster/crab permit is required of all persons to fish for lobster and edible crabs in coastal waters. To sell lobster and crabs, a commercial lobster/crab permit is required. However, no permit is required to take edible crabs for use by immediate family, provided that the number of crabs does not exceed fifty(50) in one day and that no pots or traps are used.

Minors under seventeen(17) years of age must have the written consent of a parent or guardian to obtain a lobster permit.

Non-residents of Massachusetts, who own in excess of $5,000 in Massachusetts real-estate and who will seasonally reside in a Massachusetts coastal town, may obtain a non-commercial lobster permit to take lobsters and edible crabs from June through September for consumption only by licensee and family.

Annual Catch Reports are required of some licenses. These forms are provided by the Division of Marine Fisheries. Renewal licenses will not be issued until a catch report has been filed.

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Wooden lobster buoys may not be used.

All buoys and traps must be marked with licensee's permit#, burned or cut into the surface. Non-commercial lobstermen shall also add the letter "N" prior to the four-digit permit number. The letter and permit numbers shall be at least 1/2" high x 1/8" thick. Buoys must be painted with licensee's approved color scheme. All lobster pots must have an official trap tag attached to the central bridge or cross member.

Before any buoy, pot, trap or lobster car is sold, transferred or given away, the owner must burn or cut the letter "T" after his old permit#. The new owner shall than burn or cut his permit# on the buoy, trap or lobster car.

All pots or traps used for the taking of lobsters in the coastal waters of the Commonwealth shall contain either a rectangular escape vent 1 15/16" by at least 5 3/4" or two circular escape vents of not less than 2 7/16" in the parlor section(s). The parlor section is the non-baited section of the pot from which lobsters are normally removed by the fisherman.

The maximum volume of lobster pots is 22,950 cubic inches.

Lobster traps not constructed entirely of wood must contain an escape panel with the following specifications:

1. The rectangular opening covered by the panel must be at least 3-3/4" x 3-3/4"

2. The panel must be constructed of, or fastened to the trap with one of the following untreated materials: wood lath; cotton, hemp, sisal or jute twine not greater than 3/16" in diameter; or non-stainless, uncoated ferrous metal not greater than 3/32" in diameter.

3. The door of the trap may serve as the escape panel if fastened with one of the specified materials.

4. The escape panel must be located in the parlor(s) of the trap, but may not be on the bottom.

Divers must display their assigned number upon their air tank and a floating marker (upright single panel, at least 12" x 12", white background, black numerals at least 3" high, 1/2" in thickness or width of line on both sides of the marker). A group of divers may use only one floating marker listing the license number of each diver in the group.

Gear Marking

LOBSTER PROHIBITIONS

It is illegal for anyone, except the owner, to handle, destroy or molest any lobster or crab pot or other fishing gear, including any gear swept upon the shore, beaches or flats whether public or private, or to take fish therefrom.

Taking of lobsters and crabs from one-half hour after sunset to one-half hour before sunrise is strictly prohibited.

Spearing, dipping or dragging for lobsters is prohibited.

Removal of eggs from lobsters is prohibited. Egg-bearing lobsters or lobsters from which eggs have been removed must be immediately returned alive to the waters from which taken.

Mutilation of any lobster which affects its measurement or the possession of lobster parts shall be prima facie evidence that the lobster was less than the legal minimum size.

Taking v-notched female lobsters is strictly prohibited. V-notched female lobster must be immediately returned alive to the waters from which they were taken.

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Commercial Permits:                  Resident     Non-Res.
        Coastal Lobster                $260         N/A
        Offshore Lobster/99+           $260         $520
        Boat(60-99 feet)               $195         $390
        Boat(0-59 feet)                $130         $260
        Individual                     $65          $130
        Seasonal Lobster               $65          $130
        Shellfish & Rod & Reel         $55          $130
        Shellfish only                 $40          $80
        Rod & Reel                     $35          $100
        Coastal Lobster Transfer fee   $50

Dealer Permits:
        Wholesale Dealer               $130         $260
        Wholesale Broker               $130         $260
        Wholesale Truck                $130         $260
        Retail Store                   $65          $130
        Retail Truck                   $65          $130
        Retail Boat                    $65          $130
        Bait Dealer                    $65          $130

Special Permits:
        Non-commercial Lob.            $40         *$60
        Contaminated Shellfish
             Master Digger             $130         $260
             Subordinate Digger        $40          $80
        Regulated fishery              $30          $60
        Striped Bass                   $30          $60
        Other (Scientific,etc.)        $10          $20

                 All Duplicates        $5           $7

*Special restrictions apply. See paragrah 3 under the "LOBSTER/CRAB PERMITS" section of this abstract.

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All persons who land and sell finfish, shellfish, lobsters, edible crabs or other living marine resources in Massachusetts must have a commercial fisherman permit from the Division of Marine Fisheries and must sell only to licensed Massachusetts dealers. All commercial permits, except Rod & Reel and Seasonal lobster, may be endorsed for shellfish at no additional cost.

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Coastal Lobster Permit allows the taking, landing and sale of lobsters (to a licensed dealer) harvested from within the coastal waters of the Commonwealth. There is a maximum of 800 lobster pots per vessel that may be set in state waters. The permit may be endorsed to take and sell shellfish and finfish at no additional cost. In the case of skin or scuba divers, only the licensee is covered.

Offshore Lobster Permit allows the landing and sale of lobsters (to a licensed dealer) taken outside of the coastal waters of the commonwealth only; pursuant to a federal lobster permit. The permit may be endorsed to take and sell shellfish and finfish at no additional cost.

Seasonal Lobster Permit is issued to full-time students only (verification required), and allows the licensee only to take and sell lobsters (to a licensed dealer) from June 15 - Sept. 15. A maximum of 25 pots may be used. Diving is not permitted, sale of fish and/or shellfish in not permitted.

Boat Permits allows the taking, landing and sale of fish (to a licensed dealer) and may be endorsed for shellfish. The permit covers everyone aboard the vessel. Price varies with vessel size. No lobsters may be taken.

Individual Permit allows the holder only to take, land and sell fish (to a licensed dealer) and may be endorsed for shellfish. No lobster may be taken.

Shellfish Permit allows an individual to take, land and sell (to a licensed dealer) shellfish and seaworms. A shellfish ID card, from the Division, and town permit are also required.

Rod & Reel Permit allows the holder only, to catch and sell finfish (to a licensed dealer) caught by Rod & Reel only. No other gear types may be used.

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All persons engaged in the wholesale or retail trade of raw fish, shellfish, lobsters, or bait, whether frozen or unfrozen must have a Dealer permit from the Massachusetts Division of Marine Fisheries and may be subject to inspection from the Department of Public Health. Shellfish dealers must check Food & Drug regulations for tagging and record keeping.

Contact Marine Fisheries for further information.

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Non-Commercial Lobster Permit is required to fish for or take lobsters and crabs for personal use. This authorizes the holder and members of the holders' immediate family, residing in the same residence, to fish for and take lobsters using 10-pots only. The immediate family is defined as the spouse, parents, children, grandparents, brothers and sisters of the holder. This permit may be endorsed for diving by the permit holder only. Other family members may purchase additional permits for diving only.

Regulated Fishery Permit is required for commercial fishing in certain areas under certain conditions. Regulated permits are required for dragging, gillnetting, netting in inshore net areas, and for setting fish pots in waters under the jurisdiction of the Commonwealth of Massachusetts. Regulated permits are also required for the harvest of Northern Shrimp, Surf Clams, Ocean Quahogs, Sea Herring, Striped Bass, Fluke, Scup, Black Sea Bass, Horseshoe Crabs, American Eels and Sea Urchins. A commercial permit is needed in addition to a regulated permit. Rules and regulations on these permits are available from the Boston office.

Duplicate Permit all requests for duplicate permits must be received in writing stating the circumstances surrounding the loss of the original permit.

For further information on any license type, please contact the Boston Office.

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Transferring licenses and permits issued by the Director, unless specifically provided for.

Selling finfish, lobsters or shellfish without a commercial license and to anyone other than a licensed Massachusetts Dealer.

This pamphlet contains abstracts of some of the laws of interest to fishermen and shellfishermen who utilize Massachusetts coastal waters. For more detailed information see Chapter 130 of the Massachusetts General Laws and Code of Massachusetts Regulations, Title 322.

The rules and regulations contained in this abstract are subject to change without notice. Contact the Division of Marine Fisheries for current regulations.