The Division of Marine Fisheries (DMF) regulates both fishing activity and vessel activity to protect right whales. We limit participation in commercial fixed gear fisheries that may entangle right whales; require fixed gear to be removed from state waters at times and in places when right whales are known to aggregate; and require fixed gear to be modified at other times of the year when right whales are rarely present to reduce the risk of injury or mortality should a large whale become entangled and ensure gear is identifiable to Massachusetts fisheries. DMF also regulates vessel speed to reduce interactions with right whales.
Fixed Fishing Regulations that Reduce Interactions with Protected Species
Limiting Access
- DMF limits the issuance of commercial sink gillnet permits and does not allow them to be transferred.
- DMF limits the issuance of commercial lobster permits and allows them to be transferred only if they are actively fished.
- DMF caps the number of commercial student lobster permits to be issued annually at 125.
Time Area Closures
- DMF prohibits the setting of sink gillnets in all state waters from January 15 – May 15. See Map
- DMF prohibits the setting of commercial trap gear in all state waters north and east of Cape Cod, including Cape Cod Bay, from February 1 – May 15. See Map
- DMF prohibits the setting of recreational trap gear in all state waters from November 1 – May 15. See Map
- These closures may be extended or rescinded beginning on May 1 based on the continued presence/absence of right whales in Massachusetts waters.
Gear Modifications
- DMF requires trap gear buoy lines break at 1,700-pound tensile strength or be rigged with 1,700-pound tensile strength weak contrivances every 60’ so as to cleanly break if entangling a right whale.
- DMF requires commercial trap gear buoy lines not exceed 3/8” diameter and recreational trap gear buoy lines not exceed 5/16” diameter.
- DMF requires a specific color-coded buoy line marking system for commercial trap gear fished in Massachusetts waters, commercial trap gear fished by Massachusetts permit holders in federal waters, and recreational trap gear fished in Massachusetts waters.
- DMF requires sink gillnets be rigged with a 600-pound tensile strength weak link at the buoy and 1,100-pound tensile strength weak links along the float rope.
- DMF requires sink gillnets be fished with an anchor with the holding power of a 22-pound Danforth anchor.
- DMF requires a specific color-coded buoy line marking system for sink gillnets.
Vessel Activity Regulations
- From March 1 – April 30, DMF prohibits all vessels from exceeding 10 knots while in Cape Cod Bay vessel speed limit restricted area, which consists of all waters of Cape Cod Bay south of 42°08’ north latitude (Scituate) and those waters north and east of Cape Cod (Provincetown) west of 70°10’ west longitude. This may be extended or rescinded based on the continued presence/absence of right whales in Massachusetts waters. See Map
- DMF prohibits a vessel coming within 500 yards of a surfacing right whale and must depart any area immediately if in the presence of a surfacing right whale.
- Commercial fishing activity is prohibited within 500 yards of a surfacing right whale. If actively engaged in commercial fishing, the vessel may complete the haul or tow with minimum disruption and then promptly depart from area.
- DMF prohibits any vessel or vessel operator to harass or harm a right whale.
- DMF requires all vessel operators to report any observed entanglements.
Additional Resources
Atlantic Large Whale Take Reduction Plan
In 1997 the National Marine Fisheries Service (NMFS) initiated the Atlantic Large Whale Take Reduction Plan to reduce serious injury and mortality of large whales caused by entanglement in trap and gillnet gear. DMF has been a part of the Atlantic Large Whale Take Reduction Team since its inception and has played an integral role in crafting regulations and amendments to the plan. NMFS last amended the plan in 2021 which included requirements for expanded gear marking, the use of reduced breaking strength buoy lines, and expanded seasonal trap closures.