322 CMR, § 6.08

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Current through Register 1533, October 25, 2024

Section 6.08 - Surf Clam and Ocean Quahog Fisheries

(1)Definitions. For the purposes of 322 CMR 6.08, the following words shall have the following meanings:

Batch means all shellfish in each separate container.

Bushel means an industry standard bushel of 1.88 cubic feet in volume.

Cage means an industry standard container which is 60 cubic feet in volume and holds 32 bushels of clams in the shell.

Commercial Fishing means to harvest, catch or take surf clams or ocean quahogs for purposes of sale.

Container means any bag, box, basket, cage, or other receptacle containing loose shellfish which may be separated from the entire load or shipment.

Director means the Director of the Massachusetts Division of Marine Fisheries.

Dredge means any of a variety of towed devices which utilize blades, knives, or teeth to dig into the substrate and remove surf clams or ocean quahogs, including the hydraulic dredge which utilizes pumped water to enhance fishing performance.

Dredging means the use of a dredge to harvest surf clams or ocean quahogs within the territorial waters of the Commonwealth.

Effective Fishing Width means the width of the sea bottom from which a 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 surf clams or ocean quahogs are taken.

Ocean Quahog means that species of shellfish known as Arctica Islandica.

Surf Clam means that species of shellfish known as Spisula solidissima.

Vessel means any fishing vessel which is licensed to operate for commercial purposes under the authority of M.G.L. c. 130, or any commercial fishing vessel which is operated for commercial purposes by any person licensed under the authority of M.G.L. c. 130.

(2)Management Areas. The following prohibitions shall apply to the following areas:

(a) Dredging for surf clams is prohibited from November 1^st to April 30^th, within an area shoreward of the 12 foot depth contour as measured at mean low water beginning at Point Allerton, Hull, and extending southerly to the Massachusetts - Rhode Island Boundary, including Cape Cod and the Islands.

(b) Dredging for surf clams is prohibited from May 1^st to October 31^st, within an area shoreward of the 20 foot depth contour as measured at mean low water beginning at Point Allerton, Hull and extending southerly to the Massachusetts - Rhode Island boundary, including Cape Cod and the Islands.

(c) Dredging for surf clams is prohibited shoreward of an imaginary line drawn from Long Point, Provincetown to the "Hopper" so called in North Truro, marked "D" on NOS chart 13246.

(d) Dredging for surf clams is prohibited shoreward of an imaginary line from Jeremy Point, Wellfleet, to the "Spire" in Brewster.

(e) Dredging for surf clams is prohibited inside an imaginary line from Seal Rocks off Scraggy Neck, Bourne, to the southernmost tip of Sandy Point Dike, Wareham.

(f) Dredging for surf clams is prohibited from May 1^st to October 31^st, within an area measured from an imaginary line one mile seaward from mean low water from Great Point Light to Sankaty Light, Nantucket.

(g) Commercial surf clam and ocean quahog management areas may be opened or closed for sanitary purposes by following established procedures for the sanitary control of shellfish growing areas. Fishermen holding special permits for the harvest of these species shall be notified in writing of changes in classification status.

(h) The provisions of 322 CMR 6.08(2)(a) and (b) shall not apply to the waters of the Town of Gay Head.

(i) The provisions of 322 CMR 6.08(2)(a) and (b) shall not apply to the waters of the Town of Chatham bordering on Nantucket Sound which are found within an imaginary line drawn from a flag marker with radar reflector at Loran C 9960-W-13872.5, 9960-Y-43937.5 as shown NOS Chart 13237; thence proceeding easterly along the 43937.5 line to the western shore of Monomoy Island; thence proceeding in a southerly direction along the shoreline to the 43928 line; thence proceeding westerly along the 43928 line to a flag marker with radar reflector at 9960-W-13875, 9960-Y-43928; thence proceeding in a northerly direction to a pole at 9960-W-13874.2, 9960-Y-43930.4; thence proceeding to apole at 9960-W-13873.2, 9960-Y-43934.0; thence proceeding to the starting point at 9960-W-13872.5, 9960-Y-43937.5.

(j) The provisions of 322 CMR 6.08(2)(a) and (b) shall not apply to the waters of the town of Nantucket bounded as follows: beginning at the intersection of the Loran C 9960-X-25130 line with the shoreline at Madaket Beach, as shown on NOS chart 13237; thence proceeding northwesterly to the end of Madaket Beach; thence following an imaginary straight line to the south western most point of Esther Island; thence following an imaginary straight line to the southernmost tip of Tuckernuck Island; thence following the west shore of Tuckernuck Island to its northernmost point; thence following an imaginary straight line to the southernmost point of Muskegat Island; thence following the western shore of Muskegat Island to the intersection of the Loran C 9960-X-25190 line; thence following the 9960-X-25190 line in a southerly direction to the territorial waters line; thence following the territorial waters line in a southeasterly direction to its intersection with the Loran C 9960-X-25130 line; thence following the Loran C 9960-X-25130 line in a northerly direction to the point of beginning, all as appearing on the following chart.

(k) Dredging for surf clams or ocean quahogs is prohibited from May 15^th through October 15^th within an area beginning at Manomet Point in Plymouth, at 41°55' latitude and 70°32.2' longitude; thence heading due east for 2.5 miles along the 41°55' parallel to where it intersects with 70°29' longitude; thence due south along the 70°29' meridian to where it intersects with the shoreline in the town of Sandwich; thence following the shoreline back to the initial point.

(l) Commercial surf clam or ocean quahog fishing areas may be opened or closed for management purposes by the director provided that:

1. a majority of the Marine Fisheries Advisory Commission approves the action;

2. a notice of opening or closure is sent to the Secretary of State for publication in the Massachusetts Register,

3. surf clam regulated fishery permit holders are notified by mail;

4. the notice includes the rationale for the opening or closure; and

5. during the effective date of any closure, the Director shall consider any written comments on the closure which may be submitted to the Director by the public or a state or federal agency. Based upon these written comments, the Director may alter, amend or rescind the closure pursuant to the procedural requirements of 322 CMR 6.08(2)(1).

CHART 322 CMR 6.08(2)

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(3)Surf clam restrictions. The following restrictions shall apply to vessels dredging for surf clams in waters under the jurisdiction of the Commonwealth.

(a)Surf Clam Trip Limits.

1. It is unlawful for any vessel to catch or harvest greater than 200 bushels of surf clams per 24 hour day.

2. It is unlawful for any vessel to catch, harvest, possess, have on board, land or offload greater than 400 bushels of surf clams per 48 hour period, or at any time while fishing or having fished in waters under the jurisdiction of the Commonwealth during any trip.

3. Vessels properly licensed to do so may land surf clams legally taken outside the territorial waters of the Commonwealth in excess of the trip limit established by 322 CMR 6.08(3)(a) provided that no vessel engaged in fishing for surf clams within territorial waters may possess or have on board more than the prescribed limit.

(b)Surf Clam Gear Restrictions.

1. It shall be unlawful for any vessel to operate with any hydraulic dredge with an effective fishing width greater than 48 inches.

2. It shall be unlawful for any vessel to operate more than one dredge while harvesting surf clams.

3. It shall be unlawful for any vessel to dredge for surf clams in those waters of the Town of Chatham designated in 322 CMR 6.08(2)(j), unless equipped with a hydraulic dredge with a 16" or less effective fishing width and powered by a three-inch or smaller pump with 300 GPM or less capacity at a ten-foot head (according to manufacturer's specifications).

(c)Surf Clam Minimum Size. It is unlawful for any vessel or person to take, possess, have onboard, land or off-load any surf clams which are less than five inches in the longest shell diameter to the amount of more than 5% of any batch, unless authorized by a permit issued by the Director.

1.Exemption for Federal Permit Holders. Commercial fishermen in possession of a federal surf clam permit may possess and land surf clams that do not comply 322 CMR 6.08(3)(c), provided said surf clams are caught lawfully in federal waters and gear is stowed when transiting state waters in possession of nonconforming surf clams.

2.Exemption for Dealers. Dealers may obtain, possess and process surf clams that do not comply with 322 CMR 6.08(3)(c). However, all batches of surf clams must have been lawfully taken from federal waters or from the waters under the jurisdiction of another state. All containers of surf clams must retain their original shellfish harvest tags and the origin of all containers of surf clams must be determinable through a federal trip report or bill of lading.

3.Exemption for Aquaculture Reared Product. No aquaculturist or his or her licensed employee shall possess for commercial purposes or sell aquaculture reared surf clams less than 11/2 inches in longest diameter. In addition to the shellfish tagging requirements at 322 CMR 16.03: Tagging of Shellfish, all aquaculturists or their licensed employees shall include the statement "Aquaculture Reared" or "Farm Raised" on all shellfish tags that are affixed to containers that hold aquaculture reared quahogs or oysters that do not conform to the minimum sizes at 322 CMR 6.08(3)(c).

(4)Ocean Quahog Restrictions.

(a)Ocean Quahog Trip Limits.

1. It shall be unlawful for any vessel to catch, harvest, possess, or land greater than eight cages (256 bushels) of ocean quahogs during any 24-hour period.

2. Vessels properly licensed to do so may possess and land ocean quahogs legally taken from waters outside the jurisdiction of the Commonwealth in excess of the trip limit established by 322 CMR 6.08(4)(a)1., provided that no vessel engaged in fishing for ocean quahogs within the waters under the jurisdiction of the Commonwealth may possess more than the prescribed limit.

(b)Ocean Quahog Gear Restrictions.

1. It is unlawful for any vessel to operate with any hydraulic dredge with an effective fishing width greater than 48 inches.

2. It is unlawful for any vessel to operate more than one dredge while harvesting ocean quahogs.

3. It is unlawful for any vessel rigged for the harvest of ocean quahogs to possess or have onboard surf clams.

(5)General Restrictions. The following restrictions apply to vessels fishing for surf clams or ocean quahogs.

(a)Permitting Requirements. A regulated fishery permit endorsement, issued by the Director pursuant to 322 CMR 7.01(4)(a): Regulated Fishery, is required to dredge for surf clams and ocean quahogs.

(b)Incidental Catch. The possession of bay scallops (Argopecten irradians) and or quahogs (Mercenaria mercenaria) is prohibited by vessels using hydraulic dredges for surf clams or ocean quahogs for any period longer than required to remove said quahogs and bay scallops from the dredge or deck and return them to the waters, unless said vessel is properly licensed by the town in whose waters the vessel is fishing to harvest and retain said species.

(6)Prohibitions.

(a) It is unlawful to fish for surf clams or ocean quahogs in any area designated as contaminated and classified as PROHIBITED by the Division of Marine Fisheries pursuant to M.G.L. c. 130, §§ 74 or 74A, unless specifically authorized by the Director in accordance with 322 CMR 6.08(10).

(b) It is unlawful to fish for surf clams or ocean quahogs in any area closed for management purposes pursuant to 322 CMR 6.08(2)(g).

(c) It is unlawful to fish for surf clams or ocean quahogs in any area not classified as "APPROVED" according to the National Shellfish Sanitation Program.

(7)Fishing in Contaminated Areas. The following conditions apply to the harvest of surf clams for bait purposes from contaminated areas classified as PROHIBITED by the Division.

(a)Permits. A regulated fishery permit endorsement issued by the Director pursuant to 322 CMR 7.01(4)(a): Regulated Fishery Permit Endorsement is required to fish in contaminated areas for surf clams.

(b)Tagging and Labeling. All bags and containers used for contaminated surf clams shall be tagged or labeled on the vessel, before landing, with a waterproof red tag or label bearing the following information: CONTAMINATED SHELLFISH - FOR BAIT PURPOSES ONLY - Permit #----(area).

(c)Gear Restrictions. Dredges used for the harvest of contaminated surf clams shall conform to specifications established by 322 CMR 6.08(3)(b)3. All pumps shall be equipped with mufflers adequate to prevent excessive noise. All other methods of harvest must be approved in writing by the Division.

(d)Hours of Operation. No person may fish for contaminated surf clams except during daylight hours from sunrise to sunset at Boston, Massachusetts.

(e)Landing Restrictions. All shellfish harvested from specified contaminated areas shall be landed at a location to be named on the permit, and distributed according to conditions listed on the permit. Any transportation of contaminated surf clams shall be by a method and route approved by the Division in writing.

(f)Landing Limits. No person authorized under this 322 CMR 6.08(7) to fish for contaminated surf clams may harvest, possess or offload more than 50 bushels of shellstock or 100 gallons of shucked clams during any 24 hour day.

(g)Reporting Requirements. All persons authorized under 322 CMR 6.08(7) shall follow the reporting requirements established by 322 CMR 6.08(5)(a), except that a daily record of sales shall be kept and produced upon demand for inspection by any person authorized to enforce 322 CMR 6.08.

(h)Management Areas. Persons authorized under 322 CMR 6.08(7) to fish for contaminated surf clams in specific areas are exempt from the provisions of 322 CMR 6.08(2).

(i)Permit Restrictions. No person authorized to fish for contaminated surf clams under 322 CMR 6.08(7) may hold a Shellfish Transaction Card issued pursuant to 322 CMR 7.01(2)(k): Shellfish Transaction Card.