- Division of Marine Fisheries
Area 1A Mobile Gear Fishing Season (322 CMR 4.06). DMF authorizes the seasonal use of mobile gear within the inshore waters of so-called Area 1A off Gloucester and Rockport. During the late winter and early spring, this area has been open to mobile gear fishing from February 1 – March 31. Beginning in 2023, this seasonal allowance has been extended through May 15. However, the seasonal allowance may be rescinded between May 1 and May 15 should fixed gear closures open early in response to right whales migrating out of state waters.
Commercial Period II Summer Flounder Trip Limit Increase (322 CMR 6.22). Through an in-season adjustment, DMF increased the commercial summer flounder trip limit for January 1 – April 22 from 3,000 pounds to 10,000 pounds. This action was taken to enhance access to and increase the utilization of the available 2023 commercial summer flounder quota.
Commercial Menhaden (322 CMR 6.43). For the 2023 season, DMF implemented new rules affecting the commercial menhaden fishery. These rules were adopted by permit condition to ensure they went into effect at the start of the season, as final regulations are not expected to be promulgated until July 2023. From January 1 – June 14, the directed fishery is closed and only small-scale directed and non-directed gears may be used to take up to 6,000 pounds of menhaden; purse seining is prohibited. The directed fishery opens on June 15. Limited entry permit holders will start the directed fishery with a 120,000 pound trip limit, this trip limit is reduced to 25,000 pounds once 50% of the quota is taken, and 6,000 pound once 90% of the quota is taken; if the 90% quota use threshold is reached on or after September 1, the trip limit remains at 25,000 pounds. Throughout the directed fishery, open access fishers may retain up to 6,000 pounds of menhaden daily. Once 100% of the quota is taken, the directed fishery is closed and only small-scale directed and non-directed gears may be used to take up to 6,000 pounds of menhaden; purse seining is prohibited. DMF also codified long-standing conditions regarding the use of purse seines and carrier vessels as regulations; this included time-area closures, purse seine net size requirements, and carrying and landing restrictions. For 2024, all purse seiners will need to have their nets annually certified by DMF and limited entry permit holders will need to get their fish holds marked by a certified marine surveyor to demonstrate volumetric capacity at the 120,000 pound trip limit and 25,000 pound trip limit.
Commercial Whelk Minimum Size (322 CMR 6.21). DMF revised the schedule to increase the whelk gauge width. The prior schedule increased the whelk gauge width by 1 /8” biennially until a terminal gauge width of 3 5 /8” is reached in 2029. The revised schedule will delay the pending 1 /8” increase in 2023 until 2024 and then have future increases occur every third year, rather than every other year. The terminal gauge width remains 3 5 /8” and this target will now be reached in 2033. This terminal gauge size corresponds to the shell width where 50% of female whelks reach sexual maturity in the primary harvest area of Nantucket Sound. This action was taken in response to an industry petition expressing concerns about diminished fishery performance and its potential impact on shoreside infrastructure.
Electronic Monitoring Devices in Commercial Lobster Trap Fishery (322 CMR 7.11). Effective May 1, 2023, Massachusetts commercial lobster permit holders who also hold a federal lobster trap permit are required to install and have operational electronic monitoring devices on their vessels. This was required by the Atlantic States Marine Fisheries Commission through Addendum XXIX to Interstate Fishery Management Plan for American Lobster and Addendum IV to the Interstate Fishery Management pLan for Jonah Crabs. The purpose of the requirement is to enhance the collection of high resolution spatio-temporal data to address a variety of ongoing and emerging issues relevant to marine spatial planning (e.g., wind energy, aquaculture, marine protected areas) and fisheries management (e.g., protected species risk assessment and stock assessments).
Mackerel Limits and Permitting (322 CMR 6.44 and 7.01). For 2023, DMF adopted a new commercial mackerel endorsement. This endorsement is required if any commercial fishery intends to retain, possess, or land mackerel for sale or to catch, possess, or land more than 20 mackerel per calendar day, including the possession of mackerel to use as bait in another commercial fishery. Additionally, DMF established a new recreational mackerel limit of 20-fish per day. This limit applies both as a harvest limit and as a per person possession limit. The limit does not apply to mackerel aggregate shoreside (e.g., coolers, holding cars) for future use. As mixing commercial and recreational trips is prohibited, anglers cannot obtain a commercial mackerel endorsement to exceed the recreational mackerel limit when fishing recreationally for other target species (e.g., striped bass, bluefish, bluefin tuna).
Protected Species (322 CMR 12.00). Several actions were taken regarding protected species management. Annually, DMF establishes a small vessel speed limit of 10 knots within Cape Cod Bay during March and April to reduce the risk of strip strikes on right whales. This year, the speed limit was extend through May 7 given the continued presence of right whales in the area. The seasonal fixed gear closures for gillnets and trap gear were lifted on May 8, as a result of aerial surveys demonstrating right whales had migrated out of state waters. Lastly, DMF rescinded the requirement that recreational and commercial trap gear be rigged with a weak link at the buoy that is capable of breaking at 600 pounds pressure. Weak links were designed to allow for a buoy line to part should it entangle a right whale. However, the entanglement record shows little evidence the gear modification works as intended and ultimately does not lead to risk reduction.
Recreational Black Sea Bass (322 CMR 6.28). For 2023, the Atlantic coastal states were required to reduce their recreational harvest of black sea bass by 10% compared to 2022. Based on public input, DMF achieved this reduction through increasing the minimum size by ½” from 16” to 16.5”. The fishery opened on May 20 and closes after September 7 and the bag limit remained at 4-fish per angler.
Recreational Scup (322 CMR 6.27). For 2023, the Atlantic coastal states were required to reduce their recreational harvest of scup by 10% compared to 2022. The Northern Region (NY – MA) achieved this through implementing uniform measures. This included closing the January 1 – April 30 period; reducing the for-hire bonus season bag limit from 50-fish to 40-fish; and increasing the minimum size from 10” to 10.5” for vessel-based anglers (both for-hire and private). Out of environmental justice concerns, the minimum size for shore-based anglers was reduced from 10” to 9.5”, as larger fish tend to be less available to this mode. Accordingly, for 2023 recreational fishery for scup is open from May 1 – December 31 with a 30-fish bag limit and 10.5” minimum size for vessel-based anglers and 9.5” minimum size for shore-based anglers. During the period of May 1 – June 30, for-hire anglers have a bonus season that accommodates a 40-fish bag limit. If five or more anglers are on-board a private vessel, then the aggregate limit is 150 fish.
Recreational Striped Bass (322 CMR 6.07). Effective May 26, 2023, DMF changed the maximum length for keeping striped bass from less than 35” to less than 31”. As a result, the new recreational slot limit is 28” to less than 31”. This responded to an emergency action take by the Atlantic States Marine Fisheries Commission on May 2. The basis for taking emergency action was that striped bass recreational harvest coastwide nearly doubled in 2022. This unexpectedly high harvest greatly reduced the probability of rebuilding the currently overfished striped bass stock by 2029, which is the goal of the interstate management plan. The main reason for the increase in harvest was that some striped bass from the abundant 2015 year-class, those fish born in 2015, had grown enough to be harvested under the 2022 slot limit (28” to <35”). This year, the 2015 year-class will be entirely recruited into this size range, meaning this entire robust year class would be available for harvest if the slot remained 28” to <35”, whereas the new slot limit is expected to protect more than 50% of the year class. The 2015 year-class is important to the future of striped bass because it is one of the few large year-classes that has been produced in the past 20 years. Since 2005, survival of newborn striped bass has been mostly below average, including the past 4 years which are among the lowest recorded. With fewer surviving striped bass born in the years before and after 2015, it is important for as many bass from the 2015 year-class to grow to spawning size and have as many opportunities to reproduce (and hopefully create additional strong year-classes) as possible if we hope to recover striped bass stocks and maintain strong striped bass fisheries in our coastal waters.
Recreational Tautog (322 CMR 6.40). DMF adopted a 21” maximum size for the recreational tautog fishery, resulting in a slot limit of 16” to 21”. Under this slot limit, there is an allowance for an angler to retain one trophy fish measuring greater than 21” per calendar day. This aligns Massachusetts recreational fishing regulations with Rhode Island’s, as we comprise a single management region under the Atlantic States Marine Fisheries Commission’s Interstate Fishery Management Plan. Having consistent rules across jurisdictions enhances enforcement and compliance and should address impacts of the potential eastward movement of fishing effort into Massachusetts and Rhode Island to target the relatively healthy stock of tautog shared by the two states.
Short Fin Mako (322 CMR 6.37). DMF prohibited the retention, possession, and landing of shortfin makos from Massachusetts’ state waters. This action complies with the Atlantic States Marine Fisheries Commission’s Interstate Fishery Management Plan for Coastal Sharks and is consistent with recent actions taken by the International Commission on the Conservation of Tunas, NOAA Fisheries Highly Migratory Species program.
