In accordance with the authority vested in me by the provisions
of M.G.L. c. 131, §§ 4, 5 and 51, I hereby declare an open season for
the taking of fish throughout Massachusetts and promulgate the following rules
and regulations relating to their taking as hereinafter provided:
(1)
Definitions: For
the purposes of 321 CMR
4.01, the following words or phrases shall have the
following meanings:
Broodstock Salmon means an Atlantic
salmon (Salmo salar) that has been reared in a hatchery for purposes of
spawning and subsequently released into the wild.
Dealer means a person who commercially
handles fish, birds, or mammals protected by M.G.L. c. 131 and who is licensed
as a Class 6 dealer pursuant to M.G.L. c. 131, § 23.
Director means the Director of the
Division of Fisheries and Wildlife or his authorized agent.
Float means any device, including a
toggle, floating with a line and hook attached, baited with natural or
artificial bait and not under the direct control of the hand of the person
fishing.
Hook means an angling device which is
attached to a fishing line and which is designed to take one fish at a time,
including, but not limited to, devices commonly called spinners, spoons, bait
harnesses, lead head jigs, or plugs, the purpose of which is to capture the
fish by enticing it to take the device into its mouth, thereby engaging the
fish upon it.
Lead Jig means any lead-weighted hook
which has a mass of less than one ounce.
Lead Sinker or Lead Weight means any
sinker or weight made from lead and which has a mass of less than one ounce.
The term lead sinker shall not include any other
sinkers, weights, fishing lures or fishing tackle including, but not limited
to, artificial lures, hooks, weighted flies, and lead-core or other weighted
fishing lines.
Licensed Fisherman means an angler who
possesses a current valid Massachusetts fishing or sporting license in any of
the following classes: F1, F2, F3, F4, F6, F7, F8, F9, S1, S2, or S3.
Minimum Legal Length in Inches means
the greatest length in inches measured from the anterior extremity of the snout
with the mouth closed to the posterior extremity of the tail with the lobes
compressed when the fish is flat and fully extended.
Resident Licensed Fisherman means an
angler who possesses a current valid Massachusetts fishing or sporting license
in any of the following classes: F1, F2, F3, F4, F8, S1, S2, or S3.
Sell, in all its moods and tenses,
means purchasing, selling, bartering, exchanging, and taking, offering, or
exposing for the purpose of purchase, sale, barter, or exchange.
Snagging means the taking of fish, not
attracted by bait or artificial lures, with hooks, gangs or lures either baited
or unbaited, in a manner so as to pierce and hook a fish in any part of the
body other than the mouth.
Tiger Muskellunge means a sterile
cross between a northern pike and a muskellunge.
Tiger Trout means a cross between a
female brown trout and a male brook trout.
Transgenic Fish means any fish that
possesses a new or unique combination of genetic material obtained through the
use of biotechnological means. This definition does not include diploid,
triploid, or hybrid-crossed fish
Words importing the singular number
may extend and be applied to several persons or things, words importing the
plural number may include the singular, and words importing the masculine
gender may include the feminine and neuter.
(2)
Catch and Release
Areas.
(a) The following general
requirements shall pertain to all catch-and-release fishing areas. All fish
caught must be released. Fishing allowed with artificial lures only. The use of
natural or artificial baits such as worms, shiners or other live bait, cheese,
corn, or salmon or other fish eggs is prohibited. Fish in possession in any
catch-and-release area is prima facie evidence of a violation of 321 CMR
4.01(2). Catch-and-release fishing areas are named in 321 CMR
4.01(2)(b)
through (j).
(b)
East
Branch Westfield River: extending from the Chesterfield Gorge
parking lot in the Town of Chesterfield downstream six miles to the gate north
of the Corps of Engineers basin parking lot at Knightville in the Town of
Huntington.
(c)
Millers
River: Bears Den Segment, extending from a railroad bridge in the
Towns of Athol and Templeton downstream 61/2 miles to the first dam in the Town
of Athol. Wendell Segment, extending from the Wendell Road bridge in the Towns
of Orange and Wendell downstream 11/2 miles to a breached dam in the Towns of
Erving and Wendell.
(d)
Nissitissit River: in the Town of Pepperell, extending
from the New Hampshire border downstream to the Prescott Street bridge. In
addition to the provisions of 321 CMR
4.01(2)(a), fly fishing only is permitted
on the Nissitissit River catch-and-release area. All anglers must use a
conventional fly rod and fly line.
(e)
Quashnet River:
extending from Johns Pond in the Town of Mashpee downstream 41/2 miles to the
sign 0.1 miles south of Rte. 28 in the Town of Falmouth.
(f)
Red Brook: from
White Island Pond in the Town of Plymouth downstream 41/2 miles to Buttermilk
Bay in the Town of Wareham.
(g)
Swift River: From the Winsor Dam to the Rte. 9 bridge
crossing. In addition to the provisions of 321 CMR
4.01(2)(a), fly fishing only
is permitted on the Swift River between Winsor Dam and the Rte. 9 crossing. All
anglers must use a conventional fly rod and fly line.
(h)
Swift River:
From the Rte. 9 bridge crossing downstream to Cady Lane. Catch-and-release
fishing is mandated during the period from July 1st
through December 31st only.
(i)
Upper Deerfield
River: Segment 1, extending from Fife Brook Dam downstream 11/2
miles to the Hoosac Tunnel railroad trestle. Segment 2, extending from the
mouth of Pelham Brook downstream one mile to the Mohawk Campground.
(j)
Housatonic
River: from the Rte. 20 bridge in Lee downstream to the Willow
Mill Dam in Lee, and, from the Glendale Dam in Great Barrington downstream to
the Boston and Maine railroad bridge in Great Barrington.
(3)
Reservoirs under the Control
of the Department of Conservation and Recreation. Quabbin
Reservoir and that portion of its tributary streams within the Quabbin
Reservation, Wachusett Reservoir, and Sudbury Reservoir are hereby closed to
all fishing except during the open season for access as established by the
Department of Conservation and Recreation.
(4)
Prohibitions:
Except as otherwise provided for in M.G.L. c. 131 and 321 CMR, it shall be
unlawful:
(a) to fish in the Merrimack River
in the area downstream from the Essex Dam to the Boston and Maine Railroad
Bridge;
(b) to fish in the canal
systems in the Cities of Lawrence and Lowell during the month of
April;
(c) to take fish in the
inland waters of Massachusetts by snagging;
(d) to take fish in the inland waters of
Massachusetts by poison, explosive, float or toggle;
(e) to take fish in the inland waters of
Massachusetts by any means other than angling, except that carp and suckers may
be taken by spears or archery;
(f)
to take fish in the inland waters of Massachusetts by net, seine, trawl, or
similar device, except for the taking of bait fish pursuant to M.G.L. c. 131,
§ 52, and 321 CMR
4.01(8), or for the taking of herring and alewives
pursuant to M.G.L. c. 131, § 56;
(g) to set or use more than two hooks for
fishing, or, in the case of ice fishing, five hooks.
(h) to take or attempt to take fish other
than at a time provided in 321 CMR
4.01 or to possess at any time a greater
number of fish or of fish of a length less than provided in 321 CMR
4.01 or to
possess a fish at a period or in an area other than so provided. Such taking or
possession shall be prima facie evidence of a violation of 321 CMR
4.01,
provided, that the taking or having in possession of any fish of a length less
than as provided in 321 CMR
4.01 if taken by a person lawfully fishing and
immediately returned alive to the water from whence it was taken shall not
constitute such a violation.
(i) to
use a lead sinker, lead weight, or lead jig in the inland waters of
Massachusetts; provided that this prohibition shall be enforceable beginning
January 1, 2012.
(5)
Dukes and Nantucket Counties. The provisions of 321
CMR
4.01 shall not apply to the taking of white perch in Dukes and Nantucket
Counties.
(6)
Seasons,
Dates, Creel and Size Limits, and Related Provisions. Open
seasons, dates, provisions relative to certain waters, creel limits, minimum
legal length in inches, and related provisions relative to the taking of
certain fish in inland waters are set forth in Table 1.
(7)
Jurisdictional
Boundaries. For the purpose of determining inter-agency
jurisdictional boundaries between the Division of Fisheries and Wildlife and
the Division of Marine Fisheries, a marker is hereby established on the
Merrimack River. The marker shall be the first upstream or easternmost (i.e.,
northbound traffic) bridge of Rte. I-495 in the City of Haverhill. Waters of
the Merrimack River downstream from said bridge shall be subject to the
authority, rules and regulations, of the Division of Marine Fisheries. Waters
upstream from said bridge shall be subject to the jurisdictional authority,
rules and regulations, of the Division of Fisheries and Wildlife.
(8)
Taking, Sale, Importation and
Use of Baitfish.
(a)
Definitions:
Baitfish means only live or dead fish
of the following species. A person shall not use as bait any fish, alive or
dead, including parts thereof, except the baitfish listed in 321 CMR
4.01(8)(a)1. through 10.
1.White
sucker (Catostomus commersoni)
2.Banded killifish (Fundulus
diaphanus)
3.Mummichog (Fundulus
heteroclitus)
4.Pumpkinseed
(Lepomis gibbosus)
5.Golden shiner
(Notemigonus crysoleucas)
6.Rainbow
smelt (Osmerus mordax), only as provided in 321 CMR
4.01: Table 1.
7.Yellow perch (Perca flavescens)
8.Fallfish (Semotilus corporalis)
9.Fathead minnow (Pimephales
promelas)
10.Herring (Clupea spp.)
may be used as bait in the Connecticut River, Merrimack River, and coastal
rivers and streams only as provided in 321 CMR
4.01: Table 1 and 322 CMR, but
may not be possessed or used as bait in other rivers and streams, or in lakes,
ponds, or reservoirs.
Commercial Baitfish means only live or
dead fish of the following species lawfully imported into the Commonwealth, or
propagated within the Commonwealth for purposes of sale as baitfish:
1.White sucker (Catostomus
commersoni)
2.Mummichog (Fundulus
heteroclitus)
3.Golden shiner
(Notemigonus crysoleucas)
4.Fathead
minnow (Pimephales promelas)
Baitfish taken from any inland waters of the Commonwealth shall
not be considered commercial baitfish, and shall not be sold or offered for
sale.
(b)
Taking for Personal
Use. Licensed fishermen may take baitfish defined as Baitfish in
321 CMR
4.01(8)(a) from the waters of the Commonwealth for personal use
only.
(c)
Baitfish
Harvest Zones. Except as prohibited by 321 CMR
4.01(7)(d),
baitfish may be taken from the inland waters of the Commonwealth by licensed
fishermen for personal use only.
(d)
Prohibited
Areas. Baitfish may not be taken from great ponds, waters which
are in whole or in part under lease or license as public fishing grounds, or
other waterbodies designated as closed to the taking of baitfish by the
Director.
(e)
Certain
Fish Traps to Be Allowed. Licensed fishermen may take baitfish for
personal use by all lawful methods, including by means of a single fish trap
with openings of not over one inch, by a single circular net not exceeding six
feet in diameter, or by means of a net, containing not more than 36 square feet
of net surface. Nets designed to gill fish are prohibited. Any fish taken in
suchfish traps, other than those permitted by 321 CMR
4.01(8)(a) shall be
immediately returned to the waters from where they were taken.
(f)
Importation of
Baitfish. Only commercial baitfish defined in 321 CMR
4.01(8)(a)
may be imported for use and sale as bait by a licensed dealer. Importation of
any live fish, other than aquarium trade fish as defined in
321 CMR
9.01(2): Definitions,
requires an importation permit from the Director, including commercial
baitfish.
(g)
Sale of
Commercial Baitfish. No person shall sell or offer for sale any
commercial baitfish unless such person is licensed as a dealer and the
commercial baitfish has been lawfully imported or propagated within the
Commonwealth.
(h)
Sale
of Preserved Baitfish. Notwithstanding the provisions of 321 CMR
4.01(8), baitfish or parts thereof which are canned, pickled or otherwise
commercially preserved by a method other than by freezing, and lawfully
imported or propagated may be used or sold as bait without a permit.
TABLE 1
|
SPECIES
|
DAILY CREEL
|
MINIMUM
LENGTH
(INCHES)
|
OPEN SEASON (ALL DATES INCLUSIVE
|
|
Brown Trout
|
Special
Management
Lakes/Ponds
(as listed)1
|
1
|
15
|
Jan. 1 - Dec. 31
|
|
Total daily creel not to exceed one brown
trout
|
|
Brook, Brown, Tiger & Rainbow Trout
|
Other Lakes/Ponds
|
3
|
None
|
Jan. 1 - Dec. 31
|
|
Total daily creel not to exceed three trout in any
combination
|
|
Brook, Brown, Tiger & Rainbow Trout
|
Major Rivers
(as listed)2
|
3
|
None
|
Jan. 1 - Dec. 31
|
|
Total daily creel not to exceed three trout in any
combination
|
|
Brook, Brown, Tiger & Rainbow Trout
|
Other Rivers
and Streams3
|
8
|
None
|
Apr. 1 - Sep. 10
|
|
Total daily creel not to exceed eight trout in any
combination
|
|
Brook, Brown, Tiger & Rainbow Trout
|
Other Rivers
and Streams3
|
3
|
None
|
Sep. 11 - Mar. 31
|
|
Total daily creel not to exceed three trout in any
combination
|
|
Lake Trout (Wachusett Res.)
|
3
|
None
|
Jan. 1 - Dec. 31
|
|
Lake Trout (Quabbin Res.)
|
2
|
18
|
Jan. 1 - Dec. 31
|
|
Landlocked Salmon
|
2
|
15
|
Jan. 1 - Dec. 31
|
|
Broodstock Salmon4
|
2
|
15
|
See Note # 4
|
|
Atlantic Salmon4
|
2
|
15
|
See Note # 4
|
|
Smelt5
|
-
|
None
|
May 16 - last day of Feb.
|
|
Sturgeon
|
-
|
-
|
No Open Season
|
|
Black Bass (Largemouth or Smallmouth)
|
5
|
12
|
Jan. 1 - Dec. 31
|
|
Chain Pickerel
|
5
|
15
|
Jan. 1 - Dec. 31
|
|
Northern Pike
|
1
|
28
|
Jan. 1 - Dec. 31
|
|
Tiger Muskellunge
|
1
|
28
|
Jan. 1 - Dec. 31
|
|
Walleye
|
5
|
14
|
Jan. 1 - Dec. 31
|
|
American Shad
(Connecticut River and tributaries
and Merrimack Rivers and tributaries)
|
3
|
None
|
Jan. 1 - Dec. 31
|
|
American Shad (All Other Waters)
|
0
(Catch and Release Only)
|
None
|
Jan. 1 - Dec. 31
|
|
Striped Bass6
|
See 322 CMR
|
|
Herring
|
See 322 CMR
|
|
All Other Species
|
-
|
None
|
Jan. 1 - Dec. 31
|
1
Special Brown Trout
Management Waters: South Pond (Quacumquasit), Brookfield.
2
Major Trout
Rivers: Childs River (Falmouth, M ashpee), Coonamesset River,
Deerfield River, East B ranch Swift River, East and West Branches Tully River,
East Branch Ware River, Farmington River, Green River (Colrain), Green River
(Great Barrington), Jones River (Kingston, Plympton), Ipswich River, Mashpee
River, Millers River, Nissitissit River, North River (Colrain), Parker River,
Quaboag River, Quinebaug River, Quinapoxit River, Santuit River, Scorton Creek,
Seven Mile River, Shawsheen River, Squannacook River, Stillwater River, Swift
River (Winsor Dam to Ware River, except as posted), Ware River, West Branch
North River, Westfield River (all branches).
3 Exclusive of the areas set forth
in 321 CMR 4.01(2)(j), in the area from the confluence of the East and West
Branches of the Housatonic River in Pittsfield to the Connecticut border in
Sheffield, the total daily creel (January 1st
through December 31st) shall not exceed one trout
(minimum length of 20 inches).
4 Atlantic Salmon and Broodstock
Salmon: The harvest of Atlantic salmon, including broodstock salmon, and
broodstock is lawful in all inland waters of Massachusetts, except:
(a) Connecticut River and all its
tributaries,
(b) the Merrimack
River downstream of the Essex Dam in the City of Lawrence, and all tributaries
of the Merrimack River downstream of the Essex Dam in the City of Lawrence,
and
(c) the harvest of any Atlantic
Salmon or broodstock salmon in the Merrimack River upstream of the Essex dam in
Lawrence MA and in all tributaries of the Merrimack River upstream of the Essex
dam in Lawrence MA not marked with an external plastic Floy tag ("thread" or
"spaghetti" tag) that is approximately c inch in diameter and that is 3 and 1/2
inches long and attached to the salmon at the base of the dorsal fin.
No person shall possess an Atlantic salmon (including
broodstock salmon) while fishing in the Connecticut River and all its
tributaries, or in the Merrimack River downstream of the Essex Dam in the City
of Lawrence, or in any tributary of the Merrimack River downstream of the Essex
Dam in the City of Lawrence.
5 Smelt may be taken in all inland
waters by hook and line only from May 16th to the
last day of February, excepting Quabbin Reservoir, where smelt may only be
taken in open water where legal fishing is permitted from May
16th to the end of the Quabbin fishing season. There
is no daily or seasonal limit for smelt on these waters. The possession of
smelt or their use as bait in inland waters other than during the established
open season on smelt is prohibited.
6 Sale of striped bass from inland
waters is prohibited.
No person shall take more than eight brook, brown, tiger, or
rainbow trout in any one day in the aggregate from all waters.
