322 CMR, § 6.02 - Lobster Conservation and Management
(1)
Definitions. For the purpose of
322
CMR 6.02, the following terms have the
following meanings:
Commercial Fisher means any person permitted in accordance with M.G.L. c. 130, §§ 37, 38 and 80 and 322 CMR 7.01(2)(a): Coastal Lobster and (b): Offshore Lobster, to catch, possess and land lobster for the purpose of sale, barter or exchange or who keeps for personal or family use any lobster taken under the authority of said permit.
Escape Vent means one or more unobstructed rectangular vent or opening or two or more unobstructed round openings in the parlor of the pot.
Ghost Panel means a panel or other mechanism which is designed to create an opening in a pot to allow the escapement of lobsters within 12 months after a trap has been abandoned or lost.
Lobster means that species known as Homarus americanus.
Parlor means that section of the pot designed or intended to hold lobsters until they are removed by a fisher.
Recreational Fisher means any person permitted in accordance with M.G.L. c. 130, § 38 and 322 CMR 7.01(4)(b) to catch, possess and land lobster for family use, sport or pleasure, which are not to be sold, traded or bartered.
Trap means any lobster trap, modified lobster trap or any other contrivance, other than nets, that is placed on the ocean bottom and designed to catch lobsters or crabs.
(2)
Maximum and Minimum
Sizes.
(a)
Method of
Measurement.
1. The carapace
length of all lobsters shall be measured immediately. Any person diving for
lobster shall measure all lobsters in possession prior to surfacing.
2. The carapace length of a lobster shall be
measured from the rear of the eye socket along a line parallel to the center
line of the body shell to the rear end of the body shell.
(b)
Commercial
Fishery.
1.
LCMA
1.
a.
Effective
through June 30, 2025. During this period of time, it shall be
unlawful for commercial fishers fishing in or authorized to fish in LCMA 1, as
defined in
322
CMR 6.33, to retain, possess, land, sell, or
offer for sale any lobster with a carapace length smaller than
31/4 inches or larger than
five inches.
b.
Effective from July 31, 2025 through June 30, 2027.
During this period of time, it shall be unlawful for commercial fishers fishing
in or authorized to fish in LCMA 1, as defined in
322
CMR 6.33, to retain, possess, land, sell, or
offer for sale any lobster with a carapace length smaller than 3
5/16 inches or
larger than five inches.
c.
Effective July 1, 2027 and Thereafter. During this
period of time, it shall be unlawful for commercial fishers fishing in or
authorized to fish in LCMA 1, as defined in
322
CMR 6.33, to retain, possess, land, sell, or
offer for sale any lobster with a carapace length smaller than 3
3/8 inch or larger
than five inches.
2.
LCMAs 2, 4, and 5. It shall be unlawful for commercial
fishers fishing or authorized to fish in LCMA 2, 4 and 5, as defined in
322
CMR 6.33, to retain, possess, land, sell, or
offer for sale any lobster with a carapace length smaller than 3
3/8 inches and
larger than 5
1/4
inches.
3.
LCMA
3.
a.
Effective
through June 30, 2029. During this period of time, it shall be
unlawful for commercial fishers fishing in or authorized to fish in LCMA 3, as
defined in
322
CMR 6.33, to retain, possess, land, sell, or
offer for sale any lobster with a carapace length smaller than 3
17/32 inches or
larger than 6
3/4
inches.
b.
Effective
July 1, 2029 and Thereafter. During this period of time, it shall
be unlawful for commercial fishers fishing in or authorized to fish in LCMA 3,
as defined in
322
CMR 6.33, to retain, possess, land, sell, or
offer for sale any lobster with a carapace length smaller than 3
17/32 inches or
larger than 6
1/2
inches.
4.
LCMA Outer Cape Cod.
a.
Effective through June 30,
2025. During this period of time, it shall be unlawful for
commercial fishers fishing in or authorized to fish in LCMA Outer Cape Cod, as
defined in
322
CMR 6.33, to retain, possess, land, sell, or
offer for sale any lobster with a carapace length smaller than 3
3/8
inches.
b.
Effective
from July 1, 2025 through June 30, 2029. During this period of
time, it shall be unlawful for commercial fishers fishing in or authorized to
fish in LCMA Outer Cape Cod, as defined in
322
CMR 6.33, to retain, possess, land, sell, or
offer for sale any lobster with a carapace length smaller than 3
3/8 inches or
larger than 6
3/4
inches.
c.
Effective
July 1, 2029 and Thereafter. During this period of time, it shall
be unlawful for commercial fishers fishing in or authorized to fish in LCMA
Outer Cape Cod, as defined in
322
CMR 6.33, to retain, possess, land, sell, or
offer for sale any lobster with a carapace length smaller than 3
3/8 inches or
larger than 6 ½ inches.
5.
LCMA 6. It shall
be unlawful for commercial fishers fishing or authorized to fish in LCMA Area
6, as defined in
322
CMR 6.33, to retain, possess, land, sell, or
offer for sale any lobster with a carapace length smaller than
39/32 inches and larger than
5¼ inches.
6.
Seafood Dealers.
a.
Effective through June 30, 2025. During this period,
it shall be unlawful for a seafood dealer, permitted in accordance with
322
CMR 7.01(3), to obtain or
attempt to obtain, possess, or sell or offer for sale any lobster with a
carapace length smaller than 3 ¼ inches.
b.
Effective from July 1, 2025
through June 30, 2027. During this period, it shall be unlawful
for a seafood dealer, permitted in accordance with
322
CMR 7.01(3), to obtain or
attempt to obtain, possess, or sell or offer for sale any lobster with a
carapace length smaller than
35/16 inches or larger than 6
¾ inches.
Except that during the period of July 1, 2025 through September 30, 2025, a seafood dealer may possess an inventory of non-conforming sized lobsters that were lawfully purchased prior to June 30, 2025, provided the carapace size of any non-conforming lobster is not less than 3 ¼ inches.
c.
Effective from July 1, 2027 through June 30, 2029.
During this period, it shall be unlawful for a seafood dealer, permitted in
accordance with
322
CMR 7.01(3), to obtain or
attempt to obtain, possess, or sell or offer for sale any lobster with a
carapace length smaller than 3
3/8 inches or
larger than 6 ¾ inches.
Except that during the period of July 1, 2027 through September 30, 2027, a seafood dealer may possess an inventory of non-conforming sized lobsters that were lawfully purchased prior to June 30, 2027, provided the carapace size of any non-conforming lobster is not less than 3 5/16 inches or larger than 6 3/4 inches.
d.
Effective July 1,2029 and Thereafter. During this
period, it shall be unlawful for a seafood dealer, permitted in accordance with
322
CMR 7.01(3), to obtain or
attempt to obtain, possess, or sell or offer for sale any lobster with a
carapace length smaller than 3
3/8 inches or
larger than 6 ½ inches.
Except that during the period of July 1, 2029 through September 30, 2029, a seafood dealer may possess an inventory of non-conforming sized lobsters that were lawfully purchased prior to June 30, 2029, provided the carapace size of any non-conforming lobster is not less than 3 5/16 inches or greater than 6 ¾ inches.
(c)
Recreational
Fishery.
1.
Gulf of
Maine Recreational Area.
a.
Effective through May 14, 2025. During this period, it
shall be unlawful for recreational fishers fishing in the Gulf of Maine
Recreational Area, as defined at
322
CMR 6.33, to retain, possess, or land any
lobster with a carapace length smaller than 3 ¼ inches or larger than
five inches.
b.
Effective May 14, 2025 through May 14, 2027. During
this period, it shall be unlawful for recreational fishers fishing in the Gulf
of Maine Recreational Area, as defined at
322
CMR 6.33, to retain, possess, or land any
lobster with a carapace length smaller than
5/16 inches or
larger than five inches.
c.
Effective May 15, 2027 and Thereafter. During this
period, it shall be unlawful for recreational fishers fishing in the Gulf of
Maine Recreational Area, as defined at
322
CMR 6.33, to retain, possess, or land any
lobster with a carapace length smaller than 3
3/8 inches or
larger than five inches.
2.
Outer Cape Cod Recreational
Area.
a.
Effective
through May 14, 2025. During this period, it shall be unlawful for
recreational fishers fishing in the Outer Cape Recreational Area, as defined at
322
CMR 6.33, to retain, possess, or land any
lobster with a carapace length smaller than 3
3/8
inches.
b.
Effective
May 15, 2025 through May 14, 2029. During this period, it shall be
unlawful for recreational fishers fishing in the Outer Cape Recreational Area,
as defined at
322
CMR 6.33, to retain, possess, or land any
lobster with a carapace length smaller than 3
3/8 inches or
larger than 6 ¾ inches.
c.
Effective May 15, 2029 and Thereafter. During this
period, it shall be unlawful for recreational fishers fishing in the Outer Cape
Recreational Area, as defined at
322
CMR 6.33, to retain, possess, or land any
lobster with a carapace length smaller than 3
3/8 inches or
larger than 6 ½ inches.
3.
Southern New England
Recreational Area. It shall be unlawful for recreational fishers
fishing in the Southern New England Recreational Area, as defined in
322
CMR 6.33, to retain, possess, or land any
lobster with a carapace length smaller than 3
3/8 inches or
larger than 5¼ inches.
(3)
Gear
Restrictions. It shall be unlawful for any person to take or
attempt to take lobsters from the waters under the jurisdiction of the
Commonwealth by the use of traps without said traps having the following
features:
(a)
Escape
Vent. All lobster traps must have escape vents that conform to the
following specifications:
1.
General Requirements. On each trap, separate parlors
shall each have an escape vent, while only the outer of connected parlors must
have an escape vent.
2.
LCMA1.
a.
Effective through June 30, 2028. During this period,
commercial fishers fishing in or authorized to fish in LCMA 1, as defined at
322
CMR 6.33, shall rig their traps with either a
rectangular escape vent that measures at least 1
15/16 inches by 5
¾ inches or two circular escape vents that measure at least 2
7/16 inches in
diameter.
b.
Effective
July 1, 2029 and Thereafter. During this period, commercial
fishers fishing in or authorized to fish in LCMA 1, as defined at
322
CMR 6.33, shall rig their traps with either a
rectangular escape vent that measures at least 2 inches by 5 ¾ inches or
two circular escape vents that measure 2
5/8 inches in
diameter.
3.
LCMA 2, 3, 4, 5 and 6 or Outer Cape Cod. Commercial
fishers fishing or authorized to fish in LCMA 2, 3, 4, 5 and 6 or Outer Cape
Cod, as defined in
322
CMR 6.33, shall rig their traps with either a
rectangular escape vent that measures at least two inches by 5 ¾ inches
or two circular escape vents that measure at least 2
5/8 inches in
diameter.
4.
Gulf of
Maine Recreational Lobster Area.
a.
Effective through May 14,
2027. During this period, recreational fishers fishing in the Gulf
of Maine Recreational Lobster Area, as defined at
322
CMR 6.33, shall rig their traps with either a
rectangular escape vent that measures at least
115/16 inches by 5 ¾
inches or two circular escape vents that measure at least
27/16 inches in
diameter.
b.
Effective
May 15, 2027 and Thereafter. During this period, recreational
fishers fishing in the Gulf of Maine Recreational Lobster Area, as defined at
322
CMR 6.33, shall rig their traps with either a
rectangular escape vent that measures at least 2 inches by 5 ¾ inches or
two circular escape vents that measure 2
5/8
inches.
5.
Outer Cape Cod or Southern New England Recreational Lobster
Areas. Recreational fishers fishing in the Outer Cape Cod or
Southern New England Recreational Lobster Areas, as defined in
322
CMR 6.33, shall rig their traps with either a
rectangular escape vent that measures at least two inches by 5 ¾ inches
or two circular escape vents that measure at least 2
5/8 inches in
diameter.
(b)
Ghost Panel. All lobster traps must have an
unobstructed ghost panel located in the parlor sections on the sides or at the
end, or on the top if the escape vent is placed directly over the head and
meets the following specifications:
1. The
opening covered by the ghost panel or created by other approved mechanism shall
be rectangular and measure at least 3 ¾ by 3 ¾ inches, shall be
located in the outer parlor section(s) of the trap, and in a position which
allows an unobstructed exit of lobsters from the trap.
2. The ghost panel shall be constructed of,
or fastened to the trap with, one of the following materials: wood lath;
cotton, hemp, sisal or jute twine not greater than
3/16 inch in
diameter; or non-stainless, uncoated ferrous metal not greater than
3/32 inch in
diameter.
3. The door of the trap
may serve as the ghost panel if fastened to the trap with a material specified
in 322 CMR
6.02(3)(b).
4. The escape vent specified in
322
CMR 6.02(3)(a) may serve as
a ghost panel if incorporated into a panel constructed of, or attached to the
trap with, a material specified in
322
CMR 6.02(3)(b), and upon
breakdown of the degradable materials, will create an opening for egress of
lobsters at least 3 ¾ by 3 ¾ inches.
5. Traps constructed entirely or partially of
wood shall be considered to be in compliance if constructed of wood lath to the
extent that deterioration of wooden component(s) will result in an unobstructed
opening as specified in
322
CMR 6.02(3)(b)1.
(c)
Maximum Trap
Size. Volume of any trap shall not exceed 22,950 cubic
inches.
(d)
Open and
Collapsible Traps. The taking of lobster by any collapsible device
constructed of wire or other material(s) that is fished in an open
configuration until retrieved is prohibited. This prohibition shall not apply
to the taking of edible crabs.
(e)
Nonconforming Contrivances. It shall be unlawful for
any person to set or attempt to set any contrivance, other than fishing gear
regulated by the Division pursuant to M.G.L. c. 130 and 322 CMR, designed to or
capable of attracting lobsters. For the purposes of
322
CMR 6.02(3)(e), contrivances
shall include, but not be limited to, any toilet tanks, planters or cement
structures. Possession of any contrivance that violates
322
CMR 6.02(3)(e) while on the
waters under the jurisdiction of the Commonwealth is prima
facie evidence of a violation of
322
CMR 6.02(3)(e).
(f) All traps must be marked in accordance
with the trap gear marking requirements at
322
CMR 4.13(2) and
322
CMR 6.31.
(g) All traps must be configured to comply
with the relevant fixed gear and trap gear restrictions at
322
CMR 12.06: Buoy Line Modifications
and Marketing for Fixed Gear.
(4)
Egg-bearing
Lobsters.
(a) It shall be
unlawful to remove eggs from any berried lobster.
(b) It shall be unlawful to land or possess
any lobster:
1. from which eggs have been
removed.
2. that has come in
contact with any substance capable of removing lobster eggs.
(5)
V-notched Female Lobster Protection.
(a)
Purpose.
Consistent with M.G.L. c. 130, § 44A, the regulations at
322
CMR 6.02(5) protect sexually
mature female lobsters that bear a new or remnant "v-notch". Consistent with
the Atlantic States Marine Fishery Commission's Fishery Management Plan for
American Lobster, the regulations establish area-specific standards for which
commercial fishers are required to v-notch lobsters and for the possession of
previously v-notched lobsters. Additionally, to enhance conservation and
enforcement, the regulations adopt uniform v-notch standards for the
recreational fishers and seafood dealers.
(b)
V-notching
Methods. Commercial fishers, in accordance with
322
CMR 6.02(5)(c), and any
other person so required by the Division to v-notch female lobsters, shall do
so using a sharp bladed instrument to cut a v-shaped notch that is at least
¼ inch but not greater than ½ inch depth and tapering to a point
into the tail flipper immediately to the right of the center tail flipper as
viewed from the rear of the lobster when the underside of the lobster is facing
down.
(c)
LCMA Specific
Requirements for Commercial Lobster Fishers to V-notch.
1.
LCMA 1.
Commercial fishers authorized to fish in LCMA 1, as defined at
322
CMR 6.33, shall v-notch and then immediately
release all egg bearing female lobsters.
2.
LMCA 2.
Commercial fishers authorized to fish in LCMA 2, as defined at
322
CMR 6.33, shall v-notch and then immediately
release all egg-bearing female lobsters of legal size as defined at
322
CMR 6.02(2)(b)2.
(d)
Restrictions on
Possessing V-notched Female Lobsters.
1.
LCMA 1. It shall
be unlawful for any commercial fishers fishing or authorized to fish in LCMA 1,
as defined at
322
CMR 6.33, to possess any female lobster
bearing a v-shaped notch in the base of the tail flipper immediately to the
right of the center tail flipper as viewed from the rear of the lobster when
the underside of the lobster is facing down that is of any size with or without
setal hairs.
2.
LCMAs
2, 3, 4, 5 and 6. It shall be unlawful for any commercial fishers
fishing or authorized to fish in LCMA 2, 3, 4, 5 and 6, as defined at
322
CMR 6.33(2), to possess any
female lobster that bears a v-shaped notch or other indentation in the base of
the tail flipper immediately to the right of the center tail flipper as viewed
from the rear of the lobster when the underside of the lobster is facing down
that is at least as deep as C inch with or without setal hairs.
3.
Outer Cape Cod
LCMA.
a.
Effective
through June 30, 2025. During this period, it shall be unlawful
for any commercial fishers fishing or authorized to fish in the Outer Cape Cod
LCMA, as defined at
322
CMR 6.33(2), to possess any
female lobster that bears a v-notch or other indentation in the base of the
tail flipper immediately to the right of the center tail flipper as viewed from
the rear of the lobster when the underside of the lobster is facing down that
is at least as deep as ¼ inch and tapering to a sharp point without
setal hairs.
b.
Effective from July 1, 2025 and Thereafter. During
this period, it shall be unlawful for any commercial fishers fishing or
authorized to fish in the Outer Cape Cod LCMA, as defined at
322
CMR 6.33(2), to possess any
female lobster that bears a v-notch or other indentation in the base of the
tail flipper immediately to the right of the center tail flipper as viewed from
the rear of the lobster when the underside of the lobster is facing down that
is at least as deep as
1/8 inch with or
without setal hairs.
4.
Recreational Lobster fishers. It shall be unlawful for
any recreational fishers fishing or authorized to fish in the waters under the
jurisdiction of the Commonwealth to possess any female lobster that bears a
v-notch or other indentation in the base of the tail flipper immediately to the
right of the center tail flipper as viewed from the rear of the lobster when
the underside of the lobster is facing down that is at least as deep as
1/8 inch with or
without setal hairs.
5.
Seafood Dealers.
a.
Effective through June 30, 2025. During this period,
it shall be unlawful for any seafood dealer, permitted in accordance with
322
CMR 7.01(3), to possess any
female lobster that bears a v-notch or other indentation in the base of the
tail flipper immediately to the right of the center tail flipper as viewed from
the rear of the lobster when the underside of the lobster is facing down that
is at least as deep as
1/4 inch and
tapering to a sharp point without setal hairs.
b.
Effective from July 1, 2025
and Thereafter. During this period, it shall be unlawful for any
seafood dealer, permitted in accordance with
322
CMR 7.01(3), to possess any
female lobster that bears a v-notch or other indentation in the base of the
tail flipper immediately to the right of the center tail flipper as viewed from
the rear of the lobster when the underside of the lobster is facing down that
is at least as deep as
1/8 inch with or
without setal hairs.
Except that during the period of July 1, 2025 through September 30, 2025, a seafood dealer may possess an inventory of non-conforming v-notched lobsters that were lawfully purchased prior to June 30, 2025, provided that any notch or other indentation base of the tail flipper immediately to the right of the center tail flipper as viewed from the rear of the lobster when the underside of the lobster is facing down is not greater than ¼ inch deep.
6.
Mutilated V-notch. It shall be unlawful for any person
to possess a female lobster that is mutilated in any manner that could hide,
obscure or obliterate a v-shaped notch in the base of the tail flipper
immediately to the right of the center tail flipper as viewed from the rear of
the lobster when the underside of the lobster is facing down.
(6)
Recreational Lobster Daily Possession and Landing
Limit. It shall be unlawful for any recreational fisher to harvest
more than 15 lobsters per calendar day for personal use, or possess more than
15 lobsters while lobster fishing in waters under the jurisdiction of the
Commonwealth.
(7)
Seasonal Closures: Outer Cape LCMA. Commercial fishing
for lobster with traps is prohibited within the Outer Cape LCMA, as defined at
322
CMR 6.33, from February
1st through April 30th.
Commercial fishers are required to remove all lobster traps from the waters of
the Outer Cape LCMA prior to this closed period. It shall be unlawful for any
commercial fisher authorized to fish traps in the Outer Cape LCMA to fish, set
or abandon any lobster traps in any LCMAs during this seasonal closure.
Notwithstanding the above, the fixed gear seasonal closures at
322
CMR 12.04: Fixed Gear Seasonal
Closures may remain in effect in Outer Cape LCMA through May
15th unless otherwise annually rescinded prior to or
extended beyond May 15th by the
Director.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.