322 CMR, § 8.09 - Restrictions on Fishing in Certain Artificial Reef Areas

(1) Purpose. 322 CMR 8.09 restricts commercial fishing activity and other deployment of buoyed vertical lines in designated recreational fishing reef areas. These restrictions are being implemented to prevent gear and user group conflicts that may result from commercial fishing or the presence of buoyed vertical lines occurring in areas designated for recreational fishing.

(2) Definitions. For the purpose of 322 CMR 8.09, the following words shall have the following meaning:

Commercial Fishing means to take or harvest, or attempt to take or harvest, any fish or shellfish for the purposes of sale, barter or exchange or to keep for personal or family use any fish or shellfish taken under the authority of a commercial permit issued by the Director. This includes, but is not limited to, the setting or hauling of any fixed or mobile gear.

Fixed Gear means any bottom or sink gillnets, or pots or traps that are set on the ocean bottom or in the water column and are usually connected to lines that extend to the water's surface.

Mobile Gear means any moveable fishing gear or nets which are towed, hauled or dragged through the water for the harvest of finfish or shellfish.

Recreational Fishing means the non-commercial taking or attempted taking of finfish for personal or family use, sport or please, which are not sold, traded or bartered.

(3) Harwich Recreational Fishing Reef Boundaries. The Harwich Recreational Fishing Reef is bounded by straight line drawn between the following coordinates:

Coordinate	Latitude	Longitude
NE Corner	41°62755'N	-70°06769 W
NW Corner	41°62755'N	-70°07251W
SW Corner	41°62395'N	-70°07251W
SE Corner	41°62395'N	-70°06769 W

(4) Restrictions. It shall be unlawful for any person within the Harwich Recreational Fishing Reef Boundaries:

(a) to conduct commercial fishing activity;

(b) to set, fish or abandon any recreational lobster or crab traps; and

(c) to set or abandon any buoyed vertical line for any other purpose.

Notes

322 CMR, § 8.09

Amended by Mass Register Issue 1324, eff. 10/21/2016. Amended by Mass Register Issue 1487, eff. 1/20/2023.