News

News  2021 Q1 & Q2 Regulatory Updates

7/16/2021
  • Division of Marine Fisheries

April Conditional Commercial Groundfish Closure (322 CMR 8.05). The April conditional commercial groundfish closure in the Gulf of Maine was lifted for 2021. This action allowed commercial fishermen using certain gears to fish for groundfish in state waters during April between 42°00’ north (Plymouth) and 42°30’ north (Marblehead). DMF did not lift this closure for gillnets and longlines set overnight due to concerns regarding the potential for right whale entanglements in the area. The lifting of this conditional closure is reviewed annually in response to an analysis of annual catch by the state waters only groundfish fleet. When the closure is lifted, existing mobile gear closures and spawning closures in the area still apply. 

Blue Crab Trapping Prohibition (322 CMR 6.19). The taking of blue crabs with cylindrical or six-sided traps is now prohibited. Fishermen may continue to fish for blue crabs using gears like dip nets and baited lines, as well as collapsible traps and lift traps that are actively tended and fished in an open configuration. This prohibition was implemented to prevent diamondback terrapin turtles from potentially being captured and subsequently drowning in crab traps. These turtles are listed as threatened under the Massachusetts Endangered Species Act and share nearshore estuarine habitat with blue crabs and may be caught incidentally in blue crab trap gear.

Buoy Line Diameter Rules (322 CMR 12.06). Effective May 1, 2021, all traps set in Massachusetts waters are subject to a maximum buoy line diameter. The maximum buoy line diameter for commercial trap gear is 3/8-inch, whereas it is 5/16-inch for recreational lobster and crab trap gear. Establishing maximum buoy line diameters prevents Massachusetts fishermen from setting gear with heavy buoy lines, reducing the potential for injury and mortality to protected species should buoy line entanglement occur. It establishes a de facto gear marking system to differentiate Massachusetts trap gear from heavier gear fished offshore and in Canadian waters. 

Buoy Line Modifications (322 CMR 12.06). Effective May 1, 2021, all commercial trap fishermen are required to fish buoy lines with a breaking strength of 1,700 pounds. This may be accomplished by fishermen fishing fully formed 1,700-pound weak rope or by rigging their existing buoy lines with approved contrivances. Approved contrivances include the South Shore Sleeve and a variety of splices involving 1,700-pound weak rope. Each contrivance is to be 2’ long and inserted every 60’ within the top 75% of the buoy line. Based on a study by the New England Aquarium, 1,700-pound weak rope presents a much lower risk of injury or mortality to right whales should an entanglement occur.

Commercial Menhaden Rules (322 CMR 6.43). DMF enacted a series of new rules to enhance enforcement and compliance in the state’s commercial menhaden fishery when it is conducted under a 6,000-pound trip limit. This includes a maximum purse seine size of 450-feet long by 48-feet deep and a requirement that all menhaden caught be immediately brought on board and stowed in 55-gallon barrels or standard fish totes upon retention. A volume-to-weight equivalency was developed for these containers with a level filled fish tote weighing the equivalent of 117 pounds and a level filled barrel weighing 350 pounds. Therefore, 51 fish totes or 17 barrels are the equivalent to the 6,000-pound trip limit. Fish totes and barrels may be used interchangeably, with a three fish tote to one barrel ratio used to determine trip limit compliance. Additionally, to conform state regulations to the Interstate Fishery Management Plan for menhaden, if Massachusetts opts into the Episodic Event Set-Aside Fishery, then all participants are required to obtain a bait dealer permit and report their catch into SAFIS as a bait dealer on a nightly basis. 

Commercial Striped Bass Fishing (322 CMR 6.07). Several adjustments were made to the commercial striped bass fishing rules for 2021. The fishery now opens on the first open commercial fishing day on or after June 16; previously the season opened on June 24. The fishery will now commence with three open commercial fishing days—Mondays, Tuesdays, and Wednesdays—rather than two open fishing days— Mondays and Wednesdays. For 2021, the first open fishing day was Wednesday, June 16. Beginning October 1 provided the quota has not been taken and the fishery is still open, the number of open fishing days per week will increase to five: Mondays–Fridays. DMF has taken similar actions through in-season adjustments in recent years. The commercial fishery will also close on November 15 should Massachusetts’ annual commercial striped bass quota not be taken prior to this date, to aid in the end-of-year administration of the commercial tagging program. As the open fishing days are now consecutive, commercial fishermen will be afforded the opportunity to fish overnight tides spanning open fishing days. For example, fishermen may retain, land, and sell fish on Monday and then begin fishing again on Monday night and continue fishing into Tuesday morning to land and sell fish again Tuesday. However, if doing so, they may not possess or sell more than one limit during any single calendar day.

Ghost Panels in Black Sea Bass Pots (322 CMR 6.12). DMF regulations require all black sea bass pots be rigged with a panel that is fitted to the trap with biodegradable materials. This panel may then break from the pot if the gear is lost or abandoned, thereby allowing fish to escape from the pot and the pot to cease catching fish. For 2021, the regulation is being amended to clarify that the opening covered by this panel is to be at least 3inches by 6 inches, consistent with the  Interstate Fishery Management Plan for black sea bass. 

Purse Seining for Bluefin Tuna (322 CMR 6.04 and 7.01). After 2020, all regulated fishery permit endorsements for bluefin tuna purse seining were retired and moving forward DMF will not permit this activity. Accordingly, DMF has eliminated this permit endorsement type and strictly prohibited the use of purse seining for bluefin tuna by regulation. Since the early 2000s, DMF has restricted this purse seining activity through permit conditions. 

Recreational Circle Hook Requirement for Striped Bass (322 CMR 6.03). Beginning in 2021, all recreational anglers—including those fishing onboard for-hire vessels—who are fishing for striped bass with bait are required to use inline (non-offset) circle hooks. This rule does not apply to any artificial lure with bait attached. Bait is defined as any marine or aquatic organism, live or dead, whole or parts thereof. Striped bass caught on an unapproved method of take (while targeting other finfish species)—such as a baited J hook or treble hook—must be returned to the water immediately without unnecessary injury. This circle hook requirement is mandated coastwide through the Interstate Fishery Management Plan to increase the survival of striped bass caught and released in the recreational fishery. Recreational discard mortality has grown to be the greatest source of fishing mortality on the striped bass population. When used during bait fishing, inline circle hooks reduce the likelihood of “deep hooking”, which in turn decreases the chance that a released fish will die due to injuries sustained from being caught.

Recreational Gulf of Maine Cod and Haddock (322 CMR 6.03). For 2021, DMF established an April 1–April 14 and September 15–September 30 open recreational fishing season for Gulf of Maine cod. During this season, the per angler bag limit is one fish with a minimum size of 21 inches. For Gulf of Maine haddock, the open fishing season is April 1 through the last day of February. The per angler bag limit is 15 fish and the minimum size is 17 inches.  

Recreational Lobster and Crab Trap Season (322 CMR 6.02). DMF enacted a November 1–May 15 closed season for recreational lobster and crab trap gear. Accordingly, all recreational trap fishermen are to remove their gear from state waters by November 1 and may not reset their gear until after May 15. This closure applies only to buoyed recreational lobster and crab trap gear and not unbuoyed gear that is fished and retrieved from the shoreline. Requiring the seasonal removal of trap gear from the water at times and places where right whales are known to aggregate significantly reduces the risk that right whales may become entangled in this gear. Additionally, this will reduce the amount of recreational lobster and crab trap gear that may become abandoned or lost due to seasonal weather events and it provides DMF and the Massachusetts Environmental Police with ample opportunities to remove any abandoned or lost gear that is observed before the onset of winter weather and the migration of right whales into our waters. 

Seasonal Commercial Trap Gear Closure (322 CMR 12.04). The existing seasonal commercial trap gear closure to protect right whales was expanded in both time and space. Previously, the Massachusetts Restricted Area—which included all state waters north of Cape Cod south of 42°12’ north latitude and state waters east of 70°00’ west longitude—was closed from February 1–April 30. Beginning in 2021, this closure was expanded northward to include all state waters north of Cape Cod to the New Hampshire border. Additionally, the closure now runs through May 15. However, DMF has the regulatory authority to lift or extend this closure based on the presence or absence of right whales. For 2021, DMF lifted this closure on May 14, as aerial surveillance indicated right whales had migrated out of state waters. Requiring the seasonal removal of trap gear from the waters at times and places where right whales are known to aggregate significantly reduces the risk of right whale entanglements. 

Seasonal Gillnet Closure in Cape Cod Bay (322 CMR 12.04). DMF modified the spatial boundaries of its January 1–May 15 gillnet closure in Cape Cod Bay to protect right whales. This action extended the closure to include those waters west of 70°30’ west longitude between 42°00’ north latitude (Plymouth) and 42°12’ north latitude (Scituate). Requiring the seasonal removal of gillnet gear from the waters at times and places where right whales are known to aggregate significantly reduces the risk of right whale entanglements.

Seasonal Small Vessel Speed Limit (322 CMR 12.05). The March 1–April 30 10-knot speed limit for vessels less than 65 feet overall length operating in Cape Cod Bay was temporarily extended through May 14 for 2021. This action was taken due to the continued presence of right whales in Massachusetts waters in early May of this year. Ship strikes are a major source of injury and mortality to right whales and data shows the frequency and severity of these ship strikes is reduced if a vessel is operating at 10-knots or less. Vessels 65’ and larger are subject to federal speed limit rules to protect right whales.  

Wintertime Summer Flounder Pilot Program (322 CMR 6.22). DMF renewed its seasonal wintertime summer flounder pilot program for 2021. During the Period I (January 1–April 22) summer flounder fishery, vessels fishing offshore in the federal zone—that are also permitted to land summer flounder and black sea bass in Rhode Island, Connecticut, and New York—are authorized to possess multiple state trip limits when offloading in Massachusetts. The possession of these non-conforming quantities of fish is authorized contingent upon the vessel properly labeling the catch destined for each state and not exceeding the aggregate trip limit for the participating states.

Summertime Summer Flounder Pilot Program (322 CMR 6.22). DMF renewed its seasonal summertime summer flounder pilot program for 2021. This pilot programs allows trawlers participating in the Period II (June 10–October 31) summer flounder trawl fishery to possess and land two daily limits of summer flounder and black sea bass lawfully caught and retained over consecutive open fishing days.

Winter I Scup Limits (322 CMR 6.27). The Winter I (January 1–April 30) commercial scup possession and landing limit was set at 50,000 pounds. This matches the federal limit set for this period by NOAA Fisheries and thereby allows vessels fishing offshore to possess and land scup lawfully caught in the federal zone in Massachusetts. 

Whelk Gauge Size Increase (322 CMR 6.20). In 2019, DMF implemented a schedule to increase the whelk gauge size to 3 5/8 inches through a series of 1/8-inch biennial increases to the gauge width. Accordingly, for 2021 the gauge width was increased from 3 inches to 3 1/8 inches. This 3 1/8-inch gauge width will remain in place for 2021 and 2022. In 2023, the gauge width will be increased to 3 ¼ inch. The purpose of this measure is to bring the gauge width to a size where approximately 50% of female knobbed and channeled whelks are sexually mature. In doing so, the overfished whelk resource will be afforded spawning stock protection. 
 

  • Division of Marine Fisheries 

    The Division of Marine Fisheries manages the state’s commercial and recreational saltwater fisheries and oversees other services that support the marine environment and fishing communities.
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