322 CMR, § 6.18

Current through Register 1533, October 25, 2024

Section 6.18 - Bluefish Limits

(1)Recreational Bag Limit. It shall be unlawful for any recreational fishermen:

(a) fishing from shore or a private vessel to retain, land or possess more than three bluefish per calendar day, and

(b) fishing from a for-hire vessel during a for-hire trip to retain, land or possess more than five bluefish per calendar day.

(2)Commercial Bluefish Limits.

a.Minimum Size. It shall be unlawful for a commercial fisherman to retain, possess, or land a bluefish less than 16 inches in total length.

b.Trip Limit. It shall be unlawful for a commercial fisherman to retain, possess, or land more than 5,000 pounds of bluefish, per calendar day or per trip, whichever period of time is longer.

c.Quota Closure. It shall be unlawful for a commercial fisherman to retain, possess, or land bluefish once the Director has determined 100% of the bluefish quota has been reached. The quota closure will be enacted and announced in accordance with the procedure set forth at 322 CMR 6.41(2)(c).

(3)Use of Gillnets for Taking Bluefish for Commercial Purposes.

(a)Management Areas. There is established the following management areas:

1. Northern Area shall be those territorial waters of the Commonwealth north of a straight line extending from the east entrance of the Cape Cod Canal through Race Point Light, Provincetown to the marine boundary of the Commonwealth.

2. Southern Area shall be those territorial waters of the Commonwealth south of straight line extending from the east entrance of the Cape Cod Canal through Race Point Light, Provincetown to the marine boundary of the Commonwealth, including all waters of Buzzards Bay, Vineyard Sound, and Nantucket Sound.

(b)Authorization. The following permits and conditions shall apply in the following areas:

1. In the northern and southern areas a regulated fishery permit shall be required to harvest, catch or take bluefish by any net as a directed fishing effort. Directed fishing effort is defined as any consecutive 30 day catch of which 50% or more is bluefish.

2. In the southern area a regulated fishery permit shall be required to harvest, catch or take bluefish by means of a gillnet in the southern area and shall be issued only to those individuals who held a valid bluefish gillnet regulated fishery permit in 1982 as determined by the licensing records of the Division.

3. Dealers may not purchase bluefish from commercial fishermen without written authorization from the Director.

4. Commercial fishermen shipping bluefish to dealers outside the Commonwealth shall be required to become authorized dealers pursuant to 322 CMR 6.18(2)(b)3. 322 CMR 6.18(2)(b)4. shall not apply if the out of state dealer is licensed and authorized to purchase bluefish in Massachusetts.

(c)Restrictions. The following restrictions on the use of gillnets for the harvesting, catching or taking of bluefish in the southern area shall apply:

1. the total length of any net to be set by each permittee and/or vessel may not exceed 1500 feet.

2. all nets are to be conspicuously marked with high flyers or floats at both ends;

3. each high flyer or float shall be conspicuously and legibly marked at both ends with the regulated fishery permit number of the individual operating the gear;

4. minimum mesh size of gillnets to be used for taking bluefish may be no less than five inches stretched measure;

5. nets are to be tended by the individual permittee or his/her authorized agent at all times; and

6. harvesting, catching or taking or attempting to harvest, catch or take bluefish by means of a gillnet is prohibited during the night time, defined as 1/2 after sunset to 1/2 hour before sunrise.

(d)Closures.

1.Permanent Closure. The following area is closed to any fishing for bluefish by means of a gillnet: all waters within an area bounded by an imaginary line beginning at the westernmost tip of the southern entrance jetty at Pamet Harbor to the Number 1 buoy on Billingsgate Shoal, thence southerly to the Number 1 gong off Sesuit Harbor, thence to the northernmost tip of the east entrance jetty off Sesuit Harbor, thence along the shoreline of Dennis, Orleans, Eastham, Wellfleet and Truro to the westernmost tip of the southern entrance jetty at Pamet Harbor.

2.Contingency Closures. If the Director determines that gear conflicts are occurring or are likely to occur he may, as provided for in 322 CMR 6.18, close areas to gillnetting.

3.Contingency Closure Procedure. An area closure shall not be effective until:

a. it has been approved by a majority of the members of the Marine Fisheries Advisory Commission;

b. a notice of closure has been filed with the Massachusetts Register; and

c. a copy of the notice of closure has been mailed to all gillnet regulated fishery permit holders.

(e)Prohibitions. It is unlawful for any person to harvest, catch or take or attempt to harvest, catch or take any bluefish by means of a gillnet in the southern area;

1. without a valid regulated fishery permit;

2. between 1/2 hour after sunset to 1/2 hour before sunrise;

3. with greater than 1500 feet of net;

4. with any net which is unmarked by high flyers or floats, or which has not been legibly marked with the regulated fishery permit number;

5. with any net which has a stretched mesh opening of less than five inches;

6. with any net that is left unattended;

7. having failed to file a timely and accurate catch report or having falsified a catch report;

8. when the gillnet fishery has been closed by a notice of closure; or

9. when an area has been closed by the Director pursuant to 322 CMR 6.18(3)(d).

(4)Penalties. Violation of 322 CMR 6.18 shall be governed by the provisions of M.G.L. c. 130, §§ 2 and 80.