(1)
Definitions.
Batch means all shellfish in each
separate container.
Bushel means a standard 32-quart
(volume) container.
Dredge means any variety of towed
devices which utilize blades, knives or teeth to dig into the substrate and
remove shellfish, including the hydraulic dredge which utilizes pumped water to
enhance fishing performance.
Effective Fishing Width means the
width of the sea bottom from which the dredge collects shellfish, including the
width of the blades and carriers, bars, wires, suction heads or similar
structures or openings, including any water jet area, which affect the swath or
overall width of the path from which the shellfish are taken.
Hinge Width means the distance between
the convex apex of the right shell and the convex apex of the left shell, also
known as shell thickness.
Quahog means the hard clam or bay
quahog (Mercenaria mercenaria), including its various
subspecies.
State Waters, for purposes of
322
CMR 6.36, means those waters between the
outer jurisdiction of the coastal cities and towns to regulate shellfish
pursuant to M.G.L. c. 130, § 52, as appearing on official maps of the
Commonwealth prepared pursuant to M.G.L. c. 1, § 3 and the outer fisheries
jurisdiction of the Commonwealth (Territorial Sea), including all of Nantucket
Sound outside town jurisdiction and west of 70.00E longitude.
(2)
Permit. No
person may dredge for quahogs in state waters as defined in
322
CMR
6.36(1)(g), unless in
possession of a bay quahog dredge regulated fishery permit endorsement, issued
by the Director pursuant to
322
CMR
7.01(4)(a):
Regulated Fishery Permit Endorsement. The quahog dredging
endorsement is not necessary if dredging in city or town waters pursuant to a
local shellfish permit.
(3)
Quahog Trip Limits. It is unlawful for any person or
vessel fishing in state waters to harvest, possess or land more than 40 bushels
of quahogs per 24-hour day. No quahog dredging is authorized at night pursuant
to 322 CMR
8.03:
Night
Closure to Mobile Gear Fishing.
(4)
Sorting. The
catch shall be sorted in the area of harvest, and seed quahogs (less than one
inch hinge width) amounting to more than 5% of the catch by count shall be
released in the area of harvest. It shall be unlawful to release legal-sized
quahogs to change the size composition of the catch. All legal-sized quahogs
must be landed in one bushel containers, tagged pursuant to 105 CMR
533.005:
Adoption of the National Shellfish Sanitation Program Model
Ordinance, and counted as part of the daily limit.
(5)
Quahog Gear
Restrictions. It shall be unlawful for any person or vessel to
dredge for quahogs in state waters using more than one dredge or a dredge with
an effective fishing width greater than 48 inches.
(6)
Reporting
Requirements.
(a) Any person to
whom a quahog dredge endorsement is issued must provide the Director with an
accurate monthly record of the following:
1.
Areas fished;
2. Times fished;
and
3. Daily record of quahogs
harvested by bushel.
(b)
Forms for such reporting may be obtained from the Director.
(c) Failure to supply the Director with an
accurate statistical report within five days following the end of the reporting
period specified on the form or falsification of any form supplied by the
Director shall result in the suspension of the quahog dredge
endorsement.
Notes
Amended by
Mass
Register Issue 1296, eff. 9/25/2015.
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 1363, eff.
4/20/2018.
Amended by
Mass
Register Issue 1405, eff.
11/29/2019.
Amended by
Mass
Register Issue 1413, eff.
3/20/2020.
Amended by
Mass
Register Issue 1469, eff.
5/13/2022.
Amended by
Mass
Register Issue 1500, eff.
7/21/2023.
Amended by
Mass
Register Issue 1520, eff.
4/26/2024.
