News  Regulatory Updates

During the period of January 1, 2020 through June 30, 2020, the following regulatory changes were enacted by DMF after public hearings and Marine Fishery Advisory Commission approval, or by the Director under his declaratory and emergency authorities.

DMF took several actions to make commercial fishing limits less restrictive and provide greater access to the increased quota level for 2020. The directed pot fishery trip limit was increased from 300 to 400 pounds, and the directed hook and line fishery trip limit was increased from 150 to 200 pounds. The commercial seasonal weir fishery set-aside was increased from 15,000 pounds to 24,000 pounds. The bycatch limit for trawlers during April 23 – June 9 was increased from 50 pounds to 100 pounds with open fishing days seven-days per week (still capped at 50,000 pounds in aggregate). During the summertime large mesh mixed trawl fishery beginning June 10, trawlers may now retain 100 pounds of sea bass on the open fishing days in the commercial summer flounder fishery (Sundays–Thursdays), rather than the previous rule of 150 pounds but only on open fishing days in the commercial black sea bass fishery (Sundays, Tuesdays, and Thursdays) beginning July 9. These revised measures are designed to reduce regulatory discarding by allowing trawlers to retain an incidental catch of black sea bass when they are actively fishing for squid and summer flounder. 
 

The recreational bluefish bag limit was reduced from 10 fish to 3 fish per angler for anglers fishing from a private vessel or from shore. Anglers fishing onboard a for-hire vessel during a for-hire trip are exempt from this 3 fish limit and may retain 5 fish. This action is consistent with interstate coastwide measures to reduce harvest in 2020, so as not to exceed the recreational harvest limit.  
 

DMF has taken emergency action to prohibit commercial fishing for striped bass along the Cape Cod Canal shoreline. This action restricts anglers fishing along the Cape Cod Canal from retaining any fish measuring 35” in total length or greater or possessing more than one striped bass. These restrictions extend within 1,000 feet of the canal’s shoreline, except for commercial fishermen fishing on open commercial fishing days actively transporting striped bass lawfully caught in another location. This exemption covers the transiting of the Canal in possession of commercial striped bass, the landing of fish at Taylor’s Point or Sandwich Marina, and the trucking of fish across adjacent surface roads. The Canal is defined as extending from  the northernmost point at President’s Road and the seawardmost point at the state pier at Massachusetts Maritime Academy on the west end to the seawardmost points of the jetties at the east end (see page 3 for more details). 
 

DMF made several housekeeping adjustments to its edible crab regulations. This included consolidating its edible crab regulations into one regulatory section; clarifying that a non-commercial lobster and crab permit is not needed when fishing for crabs with baited lines, nets or collapsible traps; and that edible crabs is not inclusive of non-native crab species that may be consumed.  
 

DMF temporarily lifted the April state-waters groundfish closure in the Gulf of Maine between Plymouth and Marblehead. Accordingly, commercial groundfish fishermen were allowed to fish within that portion of state-waters between 42°00’ north (Plymouth) and 42°30’ north (Marblehead) west of 70°30’ west that is not otherwise closed to protect cod and winter flounder spawning. The lifting of this conditional closure is reviewed annually in response to an analysis of annual catch by the state-waters only groundfish fleet.  
 

DMF established a 75-crab open access incidental catch limit for trawlers who do not hold a regulated horseshoe crab bait fishery permit. This action was taken to better control the harvest of horseshoe crabs to prevent an early season quota closure that may result in trawlers discarding of horseshoe crabs later in the year.
 

DMF rescinded the limited entry menhaden fishery’s 95% quota use trigger that would reduce the trip limit from 25,000 pounds to 6,000 pounds when met. Accordingly, the limited entry fishery will now operate under a 125,000-pound trip limit until 85% quota use, and then 25,000 pounds through 100% quota use. This was done to better utilize the available commercial quota. With the increased likelihood of 100% of the state’s quota being taken, DMF also adopted regulatory language that will allow the state to participate in the Episodic Event Set-Aside (EESA). The EESA is a program allowed under the Interstate Fishery Management Plan for Menhaden that sets aside 1% of the coastwide quota for the northeast states (ME-NY) to use if they take their commercial quota prior to September 1 and local menhaden abundance remains elevated. If MA were to enter into the EESA set-aside program, limited entry menhaden permit holders would be authorized to continue to fish in state-waters under a 120,000-pound trip limit until the cumulative effort of all participating states exhaust the quota set-aside. DMF also amended its allowance for commercial harvest after the quota is taken, consistent with the interstate plan. The incidental catch and small scale fishery allowance lets commercial fishermen continue to fish at a 6,000 pound trip limit once 100% of the quota is taken, provided they are not using purse seines larger than 150 fathoms length or 8 fathoms in depth. This replaces the prior bycatch allowance that allowed for the possession and landing of up to 1,000 pounds of menhaden, provided the menhaden catch did not exceed 5% the weight of the entire catch. Lastly, DMF established the limited entry menhaden permit as an owner-operator permit that requires the permit holder to be onboard the vessel when fishing activity is occurring.  
 

Several clarifications were made to existing permitting regulations. First, consistent with longstanding policy, DMF codified that lobster fisheries with effort control plans are subject to a minimum trap allocation transfer of 10 traps, not 50 traps, and that coastal lobster permits are not retired once their trap allocations are reduced to less than 50 traps. Second, DMF clarified that the agency may waive the coastal lobster permit transfer performance criteria in certain circumstances (i.e., death, disability, military duty) provided the permit was actively fished prior to the qualifying circumstance. Third, DMF made explicit that the initial sale of fish from a commercial permit holder must be to an authorized primary buyer. Lastly, DMF codified that the for-hire permit covers the recreational fishing activity of paying customers on a for-hire trip as well as the private recreational fishing activity of the named individual.  
 

DMF adopted a 200-pound possession and landing limit for sand lance. This will prevent any potential proliferation of an industrial fishery while continuing to allow for traditional harvest.  
 

By Director’s declaration, DMF set a 50,000-pound trip limit for the Winter I scup fishery (January 1 – April 30). The Winter I fishery occurs offshore and is a federally managed quota period. This 50,000-pound trip limit mirrored the trip limit adopted at the federal level and thereby allows vessels to land scup lawfully taken from the federal zone in Massachusetts. 

DMF amended its commercial sea herring regulations for Management Area 1A (inshore Gulf of Maine). This included establishing a 2,000-pound incidental and small-scale fishery limit for state-only permit holders and federal category permit holders during closed periods. The regulatory terminology regarding the MA/NH Spawning Area was also refined to better align with the Interstate Fishery Management Plan for Atlantic Sea Herring. Additionally, DMF adopted initial effort controls for Season 1 (June 1 – September 30) in Area 1A. The directed fishery will open on July 20 with Category A vessels being able to land sea herring Mondays – Thursdays with an aggregate weekly landing limit of 240,000 pounds; Category C small mesh bottom trawl vessels being able to fish for and land sea herring Mondays – Fridays with a 55,000 pound trip limit; and Category D vessels being able to possess and land sea herring seven days per week with a 6,600 pound trip limit. These effort controls will be adjusted in-season in response to quota utilization. 
 

For 2020, the commercial striped bass minimum size has been increased from 34” to 35”. With this change and the change in the recreational size limit described below, commercial fishermen fishing recreationally on closed fishing days are no longer required to clip the pectoral fin of commercial-sized fish and for-hire operators are no longer able to sell any fish taken recreationally during a for-hire trip. Additionally, the commercial open fishing day schedule has moved from Mondays/Thursdays to Mondays/Wednesdays. The 2020 commercial fishery is scheduled to open on June 24, with no changes to the commercial possession limits.  
 

The 28” recreational minimum size has been replaced with a slot limit of 28” to less than 35”. This conforms to the coast-wide slot limit recently approved in the Interstate Fishery Management Plan for Striped Bass. Additionally, DMF is requiring all anglers fishing from a private vessel or from shore to use circle hooks when fishing for striped bass with natural baits. This does not apply when fishing with an artificial lure that is to be cast and retrieved or vertically jigged, nor does it apply to recreational anglers fishing on a for-hire vessel during a for-hire trip. Lastly, recreational fishermen are prohibited from removing striped bass from the water with a device other than a non-lethal device. Non-lethal devices are defined as those devices that do not pierce, puncture, or otherwise cause invasive damage to the fish. 

The Period I (January 1–April 22) commercial summer flounder trip limit was increased from 500 pounds to 1,000 pounds, and the closed fishing period for January was rescinded. The trip limits were further increased to 2,000 pounds by an in-season adjustment. A pilot program was also implemented, allowing vessels permitted in multiple states to possess multiple state trip limits of summer flounder when offloading.  

The Period II (April 23 – December 31) commercial summer flounder limits were amended. During the inshore summertime fishery (June 10 – October 31), the trip limits were increased from 300 to 400 pounds for net fishermen and from 200 pounds to 250 pounds for hook and line fishermen. A pilot program adopted in 2019 was renewed for 2020 that allows trawl fishermen to possess trip limits on consecutive days, provided the catch from the first day is segregated. For the offshore, early winter fishery (November 1 – December 31), the closed fishing days on Fridays and Saturdays have been eliminated, and the trip limit has been adjusted to allow vessels to possess and land 1,000 pounds of summer flounder if 5% or more of the quota remains available on November 1; if less than 5% of the annual quota remains available, the trip limit will be 500 pounds.