322 CMR, § 6.24

Current through Register 1527, August 2, 2024
Section 6.24 - Sea Urchin Management
(1)Definitions.

Batch means all sea urchins in each separate container.

Container means any bag, box, cage or other receptacle containing loose urchins which may be separated from the entire load or shipment.

Effective Fishing Width means the width of the sea bottom from which a dredge collects sea urchins, including the inside width of the opening or frame or other structures which affect the overall width of the path from which sea urchins are taken.

Sea Urchin means that species of echinoderm known as Strongylocentrotus droebachiensis.

(2)Minimum Size.
(a) No person shall take or possess sea urchins measuring less than two inches in the longest diameter, exclusive of the spines, to the amount of more than 5% of any batch.
(b) Sublegal sea urchins shall be culled immediately after capture, and returned immediately to the sea.
(3)Closed Season.
(a) It is unlawful for any person using mobile gear including urchin dredges to take or possess for commercial purposes sea urchins from waters under the jurisdiction of the Commonwealth during the period March 1st through October 31st.
(b) It is unlawful for any person using SCUBA or any method other than mobile gear including urchin dredges to take or possess for commercial purposes sea urchins from waters under the jurisdiction of the Commonwealth during the period May 1st through August 31st.
(4)Gear Restrictions.
(a) No person shall dredge for sea urchins in any area(s) closed to mobile gear fishing unless a single dredge meeting the following specifications is used:
1. The effective fishing width of the dredge is 48 inches or less.
2. The frame or bale is constructed of ¾ inch or smaller stock (bar or rod) with skids no longer than three feet in length.
3. The chain sweep section behind the bale shall be constructed of ¼ inch or smaller chain in a single layer square mesh pattern no longer than 4½ feet.
4. The twine codend, measured from where the chain section ends shall be no longer than five feet in length.
5. Chafing gear to protect the codend shall be traditional twine chafing gear or a rubber mat five feet or less in length and four feet or less in width.
6. The dredge specified for areas closed to mobile gear may only be towed with wire or cable of d inch or smaller diameter or rope of e inch or smaller diameter.
(5)Closed Areas. (Reserved)
(6)Permits.
(a) No person shall take or possess for commercial purposes sea urchins from waters under the jurisdiction of the Commonwealth unless he or she is in possession of a valid regulated fishery permit endorsed for sea urchins, issued by the Director pursuant to 322 CMR 7.01(4)(a): Regulated Fishery Permit Endorsement.
(b) No person shall be issued a regulated fishery permit endorsed for the harvest of sea urchins unless he or she is a bona fide resident of Massachusetts or is a resident of a state which grants equal access to Massachusetts residents.
(c) Each individual SCUBA diver must be in possession of both a Commercial Fisherman Permit and a Regulated Fishery Permit endorsed for sea urchins, issued by the Director pursuant to 322 CMR 7.01(4)(a): Regulated Fishery Permit Endorsement.
(d) Each diver tender boat must be in possession of a Commercial Fisherman Permit (boat) and a regulated fisherman permit endorsed for sea urchins unless each person on board is in possession of a Commercial Fisherman Permit (individual) and a regulated fisherman permit endorsed for sea urchins, issued by the Director pursuant to 322 CMR 7.01(4)(a): Regulated Fishery Permit Endorsement.
(e) Each dredge boat must be in possession of a Commercial Fisherman Permit (boat) and a regulated fishery permit endorsed for sea urchins unless each person on board holds a Commercial Fisherman Permit (individual) and a Regulated Fishery Permit endorsed for sea urchins, issued by the Director pursuant to 322 CMR 7.01(4)(a): Regulated Fishery Permit Endorsement
(f) Each dredge boat fishing for sea urchins in waters open to mobile gear fishing with a dredge or combination of dredges greater than 48 inches must also possess a valid Coastal Access Permit. Boats fishing with a single sea urchin dredge of 48 inches or less are exempted from the requirements for a Coastal Access Permit, and may fish in areas closed to mobile gear fishing under other sections of 322 CMR 6.00.
(7)Prohibitions.
(a) It shall be unlawful for any vessel fishing in areas closed to mobile gear fishing under the exception provided in 322 CMR 6.24(5)(f) to conduct fishing operations during the period ½ hour after sunset to ½ hour before sunrise at Boston, MA.
(b) It shall be unlawful for any person fishing under the authority of a Regulated Fishery Permit endorsed for sea urchins to retain any bycatch of regulated species, including any lobsters, finfish, or shellfish.
(c) It shall be unlawful for any person to dredge for sea urchins in areas defined in 322 CMR 8.09: Spawning Area Closures during the period February 1st through April 30th.

322 CMR, § 6.24

Amended by Mass Register Issue 1290, eff. 5/1/2013.
Amended by Mass Register Issue 1324, eff. 10/21/2016.
Amended by Mass Register Issue 1336, eff. 4/7/2017.
Amended by Mass Register Issue 1345, eff. 8/11/2017.
Amended by Mass Register Issue 1350, eff. 8/11/2017.
Amended by Mass Register Issue 1363, eff. 4/20/2018.
Amended by Mass Register Issue 1370, eff. 7/27/2018.
Amended by Mass Register Issue 1391, eff. 5/17/2019.
Amended by Mass Register Issue 1405, eff. 11/29/2019.
Amended by Mass Register Issue 1416, eff. 5/1/2020.
Amended by Mass Register Issue 1469, eff. 4/29/2022 (EMERGENCY).
Amended by Mass Register Issue 1469, eff. 5/13/2022.
Amended by Mass Register Issue 1476, eff. 8/19/2022.
Amended by Mass Register Issue 1481, eff. 10/28/2022.
Amended by Mass Register Issue 1500, eff. 7/21/2023.
Amended by Mass Register Issue 1520, eff. 4/26/2024.
Amended by Mass Register Issue 1522, eff. 5/2/2024 (EMERGENCY).
Amended by Mass Register Issue 1526, eff. 7/19/2024.