(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
3/4 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
1/4 inch or smaller
chain in a single layer square mesh pattern no longer than
41/2 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
3/8 inch or smaller
diameter or rope of
5/8 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
1/
2 hour after
sunset to
1/
2 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 1
st
through April 30
th.
Notes
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.
Amended by
Mass
Register Issue 1547, eff.
5/9/2025.