322 CMR, § 4.04

Current through Register 1536, December 6, 2024

Section 4.04 - Use of Sink Gillnets

(1)Definitions. For the purposes of 322 CMR 4.03 the following terms have the following meanings:

East End means that part of the gillnet extending from 01° through 180° magnetic.

Gillnet means any anchored or drifting vertical wall of webbing that is buoyed at the top and weighted at the bottom and designed to capture fish by entanglement, gilling or wedging. This includes, but is not limited to, flatfish gillnets, surface gillnets and sink gillnets.

Sink Gillnet means any gillnet, anchored or otherwise, that is designed to be, capable of being, or is fished on or near the lower third of the water column. Sink gillnets include, but are not limited to, stand up and tie down gillnets.

West End means that part of the gillnet extending from 181° through 00° magnetic.

(2)Permitting Requirements. A regulated sink gillnet fishery permit endorsement, issued in accordance with 322 CMR 7.01(4)(a): Regulated Fishery Permit Endorsement, is required to set or fish a sink gillnet in the waters under the jurisdiction of the Commonwealth.

(3)Sink Gillnet Specifications.

(a)Maximum Length. Within the waters under the jurisdiction of the Commonwealth, the total continuous length of connected sink gillnets shall not exceed 2,400 feet from end to end of an entire net.

(b)Gear Marking and Configuration Requirements.

1. All buoys used to mark sink gillnets shall be permanently and visibly marked with the permit number of the lawfully permitted owner.

2. The east end of a sink gillnet shall be marked with a high flyer.

3. The west end of a sink gillnet shall be marked with a high flyer with a flag.

4. All buoy lines affixed to sink gillnet shall be marked with a 12-inch green mark at the top, bottom and midway on the buoy line. Except that if the color of the buoy line is green then it shall be marked with white marks.

(c)Mesh Size and Measurement.

1.Mesh Size. Sink gillnets shall have mesh openings not less than 61/2 inches.

2.Measurement of Mesh. Mesh size is measured by a wedge-shaped gauge having a taper of two centimeters in eight centimeters and a thickness of 3.2 millimeters, inserted into the meshes under a pressure or pull of five kilograms. The mesh size will be the average of the measurements of any series of 20 consecutive meshes.

(4)Areas Closures.

(a)South and West of Cape Cod. It is unlawful to use, set, maintain, or fish with any sink gillnets during the period of April 1^st through November 15^th in waters under the jurisdiction of the Commonwealth in Mount Hope Bay and circumscribed by an imaginary line beginning at the intersection of the Loran C line 9960 Y 43940 with the Chatham shoreline; thence seaward following the Loran C line 9960 Y 43940 to the territorial seas line; thence in a southerly direction following the territorial seas line to its intersection with a point at 70 00'; thence in a southerly direction following the 70 00' line to its intersection with the territorial seas line; thence following the territorial seas line in a southerly direction and south of Nantucket Island and Martha's Vineyard to the Massachusetts/Rhode Island boundary; thence in a northerly direction following the Massachusetts/Rhode Island boundary to the shoreline; thence following the shoreline in an easterly direction to the starting point.

(b)Greater Boston Harbor. It is unlawful to use, set, place or maintain any sink gillnet from May 15^th through November 1^st beginning at the intersection of the Loran C 9960 Y 44250 line with the shoreline of the town of Hull; thence following the 44250 line to the so called otter and beam trawl line otherwise known as the old exterior line of the Commonwealth; thence following said line in a northerly direction to the intersection with the Loran C 9960 Y 44290 line; thence following the 44290 line in a westerly direction to the shoreline north of Deer Island; thence along the shoreline of Deer Island in a southerly direction to the southeasternmost tip of Deer Island; thence along an imaginary straight line to the northernmost point of Lovell Island; thence along the shore of Lovell Island to its southernmost point; thence along an imaginary straight line to the tower on Telegraph Hill in the town of Hull; thence along the shore eastward to Pt. Allerton and southward along Nantasket Beach to the intersection of the shore with the Loran C 44250 line at the point of beginning, all as appearing on Chart 322 CMR 4.04(4)(b).