322 CMR, § 4.02

Current through Register 1536, December 6, 2024

Section 4.02 - Use of Nets in Inshore Restricted Waters

(1)Purpose. The purpose of 322 CMR 4.02 is to manage net fishing participation in the near shore harbors, bays, estuaries, tidal creek, river, and salt ponds inshore waters of the Commonwealth on a year-round basis with a particular focus on winter flounder and the spawning season. In addition, 322 CMR 4.02 is designed to reduce conflicts between different fisheries and users and to identify and regulate all inshore net fisheries for purposes of resource conservation and management.

(2)Inshore Restricted Waters. 322 CMR 4.02 contains a listing of the defined inshore waters and the description of the outer boundaries as delineated by specific structures such as jetties, points, and other landmarks.

(a)Boston and North

1.Merrimack River. Waters inside a line drawn between easternmost tips of north and south jetties.

2.Plum Island Sound. Waters inside an imaginary straight line drawn from the dome on Castle Hill, Ipswich to the southernmost tip of Plum Island - Approx. 5° True.

3.Essex Bay. Waters inside an imaginary straight line drawn from the northwestern most point of Wingaersheek Beach to the southeastern most point of Castle Neck -Approx. 72° True.

4.Annisquam River, Gloucester. Waters inside an imaginary straight line drawn from northern tip of Farm Point to the Annisquam River Horn on Wigwam Point - Approx. 53° True.

5.Rockport Harbor. Waters inside an imaginary straight line drawn from the spit on the southern shore of the Harbor to the flasher on the eastern most tip of the north breakwater - Approx. 354° True.

6.Gloucester Harbor. Waters inside an imaginary straight line drawn from Eastern Point Flashing beacon to Mussel Point - Approx. 350° True.

7.Manchester Harbor. Waters inside an imaginary straight line drawn from western most tip of Proctor Point to Tucks Point - Approx. 350° True.

8.Beverly Harbor. Waters inside an imaginary straight line drawn from the eastern most tip of Yacht Club Pier to southernmost tip of Woodbury Point - Approx. 29° True.

9.Salem Harbor. Waters inside an imaginary straight line drawn from Ft. Pickering Light to nothernmost tip of Naugus Head, Marblehead -- Approx. 148° True.

10.Marblehead Harbor. Waters inside an imaginary straight line drawn from flashing green beacon on northernmost tip of Marblehead Neck to the flag tower at Ft. Seawall -- Approx. 302° True.

11.Lynn Harbor. Waters inside an imaginary straight line drawn from easternmost tip of Point of Pines to the Cupola on Little Nahant -- Approx. 108° True.

12.Boston Harbor. Waters inside imaginary straight lines drawn from the tower on Telegraph Hill in the town of Hull to the southernmost point of Lovells Island thence from the northernmost point of Lovells Island to the southeasternmost tip of Deer Island.

(b)Cape Cod Canal to Boston.

1.Little Harbor, Cohasset. Waters west and south of Atlantic Avenue.

2.Cohasset Harbor. Waters inside an imaginary straight line drawn from northernmost point of Strawberry Point to easternmost point of Quarry Point -- Approx. 268° True.

3.Scituate Harbor. Waters inside an imaginary straight line drawn from northernmost point of First Cliff to the flashing red beacon on the eastern tip of the breakwater on Cedar Point -- Approx. 43° True.

4.North River/South River. Waters inside an imaginary straight line drawn from northernmost point of Fourth Cliff to the southernmost point of Third Cliff -- Approx. 322° True.

5.Green Harbor, Marshfield. Waters inside an imaginary straight line drawn between the southernmost tips of the entrance jetties.

6.Plymouth, Kingston, Duxbury Harbors. All waters inside an imaginary straight line drawn from the southwestern point of Saquish Head to the northernmost point of Plymouth Beach -- Approx 218° True.

(c)Cape Cod.

1.Sandwich Harbor. Waters inside an imaginary straight line drawn between northernmost tips of entrance jetties.

2.Scorton Harbor, Sandwich. Waters inside an imaginary straight line drawn between northernmost tips of entrance jetties.

3.Barnstable Harbor. Waters inside an imaginary straight line drawn from the easternmost tip of Beach Point to the western tip of the eastern shore of Bass Hole -Approx. 84° True.

4.Sesuit Harbor, Dennis. Waters inside an imaginary straight line drawn between northernmost tips of entrance jetties.

5.Wellfleet Harbor. Waters inside an imaginary straight line drawn from the southernmost tip of Jeremy Point due east (90° True) to the shore of Sunken Meadow, Eastham.

6.Pamet Harbor, Truro. Waters inside an imaginary straight line drawn between the westernmost tips of the entrance jetties.

7.Provincetown Harbor. Waters inside an imaginary straight line drawn from the northernmost tip of Long Point 13° True to the tank west of Mayflower Heights.

8.Nauset Harbor. Waters inside an imaginary straight line drawn from the northernmost point of Nauset Heights to the southeasternmost part of Nauset Beach, Orleans -- Approx. 329° True.

9.Pleasant Bay. Waters inside an imaginary straight line drawn from the southwesternmost point of Nauset Beach, Chatham to the southernmost point of Morris Island -- Approx. 334° True.

10.Stage Harbor, Chatham. Waters inside an imaginary straight line drawn from westernmost point of Harding Beach Point to the southernmost point of Stage Harbor -Approx. 268° True.

11.Taylors Pond, Chatham. All waters including Cockle Cove and Bucks Creek.

12.Saquatucket Harbor, Harwich. Waters inside an imaginary straight line drawn southernmost tips of entrance breakwaters.

13.Wychmere Harbor, Harwich. Same as Saquatucket Harbor.

14.Allen Harbor, Harwich. Same as Saquatucket Harbor.

15.Herring River, Harwich. Waters inside an imaginary straight line drawn between southernmost tips of entrance breakwaters.

16.Swan Pond River and Swan Pond, Dennis. All waters.

17.Bass River, Yarmouth - Dennis. Waters inside an imaginary straight line drawn between southernmost tips of entrance jetties.

18.Parker River, Yarmouth. Waters inside entrance.

19.Hyannis Harbor - Lewis Bay. Waters inside an imaginary straight line drawn from Point Gammon to the flashing green beacon on the Hyannisport breakwater -- Approx. 307° True.

20.Hall Creek - Hyannisport. Waters inside entrance.

21.East Bay, Barnstable. Waters inside an imaginary straight line drawn from the southernmost tip of Long Beach to the southernmost tip of the south breakwater.

22.West Bay, Barnstable. Waters inside an imaginary straight line drawn between southernmost tips of entrance breakwaters.

23.Cotuit Bay- North Bay, Barnstable. Waters inside an imaginary straight line drawn from northwesternmost point of Oyster Harbors Beach (Sampsons Island) to Bluff Point -- Approx. 212° True.

24.Popponesset Bay, Mashpee - Barnstable. Waters inside an imaginary straight inside line drawn from northernmost point of Thatch Island to Meadow Point -- Approx.289° True

25.Waquoit Bay, Mashpee - Falmouth. Waters inside an imaginary straight line drawn between southernmost tips of entrance jetties.

26.Eel Pond, Falmouth. Waters inside an imaginary straight line drawn between southernmost tips of entrance jetties.

27.Bournes Pond, Falmouth. Waters inside entrance.

28.Green Pond, Falmouth. Waters inside an imaginary straight line drawn between southernmost tips of entrance jetties.

29.Little Pond, Falmouth. Waters inside entrance.

30.Falmouth Inner Harbor. Waters inside of an imaginary straight line drawn between tips of entrance breakwaters.

31.Salt Pond, Falmouth. Waters inside entrance.

32.Oyster Pond, Falmouth. Waters inside entrance.

33.Little Harbor, Falmouth. Waters inside an imaginary straight line drawn from Juniper Point to Nobska Point Light -- Approx. 100° True.

34.Great Harbor, Woods Hole. Waters inside an imaginary straight line drawn from Juniper Point to Penzance Point -- Approx. 287° True.

(d)The Islands.

1.Nantucket Harbor. Waters inside an imaginary straight line drawn between the outermost tips of the entrance jetties.

2.Madaket Harbor, Nantucket. Waters inside an imaginary straight line drawn from Eel Point -- Approx. 196° True -- to the southwesternmost tip of Madaket.

3.Vineyard Haven Harbor. Waters inside an imaginary straight line drawn from the northern tip of the breakwater north of Lagoon Pond Bridge to the northern tip of the Vineyard Haven Breakwater and thence to the west shore of Vineyard Haven Harbor (includes Lagoon Pond).

4.Oak Bluffs. Waters inside an imaginary straight line drawn between outermost tips of breakwaters.

5.Hart Haven Harbor-Farm Pond, Oak Bluffs. Waters inside entrance jetties.

6. Sengekontackett Pond, Oak Bluffs-Edgartown. Waters west of Beach Road (includes Trapps Pond).

7.Edgartown Inner Harbor-Katama Bay. Waters inside area bounded as follows -Edgartown Light to Chappaquiddick Point and Norton Point to southwesternmost part of Chappaquiddick Island.

8.Cape Poge Bay, Edgartown. Waters inside an imaginary straight line drawn south 180° True from the north side of Cape Poge Gut.

9.Edgartown Great Pond. Waters inside entrance.

10.Tisbury Great Pond. Waters inside entrance.

11.Menemsha Pond. Waters inside an imaginary straight line drawn between outermost tips of entrance jetties.

12.James Pond, West Tisbury. Waters inside entrance.

13.Lake Tashmoo, Tisbury. Waters inside an imaginary straight line drawn between outermost tips of entrance jetties.

(e)Buzzards Bay to Mount Hope Bay, and Cuttyhunk Pond.

1.Buzzards Bay. Waters inside Buzzards Bay north and east of an imaginary straight line drawn from the southernmost point of Gooseberry Neck to Cuttyhunk Light.

2.Westport River. Waters inside an imaginary straight line drawn from Westport Light to the westernmost tip of Horseneck Point - Approx. 331° True.

3.Richmond Pond, Westport. Waters inside entrance.

4.Mount Hope Bay. Waters north of the Massachusetts/Rhode Island boundary line including Mount Hope Bay, Cole's River, Lee's River, and Taunton River,

5.Cuttyhunk Pond. Waters inside entrance.

(f)Narragansett Bay Tributaries.

1.Runnins River. Waters within the river.

2.Palmer River. Waters above the Massachusetts/Rhode Island boundary.

(3)Inshore Restricted Waters Regulated Fishery Permit. Except as otherwise provided by 322 CMR 4.02(5), any person who intends to use any net to catch and take fish inside those waters set forth in 322 CMR 4.02(2) or inside any other estuary, embayment, salt pond, tidal creek, river or other similar body of inshore waters shall possess a special regulated fishery permit endorsement issued by the Director pursuant to 322 CMR 7.01(4)(a): Regulated Fishery.

(4)Permit Eligibility. The Director may limit the number of permits issued each year. In determining eligibility to receive special regulated fishery permits, the Director may take into consideration the following criteria:

(a) the extent of traditional participation in the inshore net fishery;

(b) the degree of economic dependence on the inshore net fishery; and

(c) the extent that the nets to be used are compatible with existing fisheries in the area; as well as with the physical environment of the areas to be fished, as evaluated by the Director and;

(d) the abundance of target species in the area(s) to be fished and/or the overall stock condition of the resource as determined by the Director.

(5)Exception.

(a)Cast Net. A person may, without a special permit, use a cast net for purposes of taking bait.

(b)Small Bait Net. A person may, without a special permit, use a small net of no more than 250 square feet inside those inshore waters listed in 322 CMR 4.02(2) or inside any estuary, embayment, salt pond, tidal creek, river or other similar body of inshore water for the sole purpose of obtaining bait fish for personal use provided all other requirements of law are met.

(6)Conditions. The Director may establish any conditions to the special permit that are necessary for purposes of conservation of the resource or management of the fishery.

(7)Prohibitions. Except as otherwise provided by 322 CMR 4.02(5), it is unlawful to set or use any net inside any inshore water set forth in 322 CMR 4.02(2) or any estuary, embayment, salt pond, tidal creek, river or other similar body of inshore water:

(a) to take winter flounder between February 1^st and May 31^st; or

(b) without a special permit issued from the Director or contrary to the terms or conditions of the special permit.