(1)
Purpose. Unlike mobile fishing gear that is used in
active pursuit of fish or fixed gear such as fish pots or gillnets that can be
moved to follow migrating fish, weirs, authorized by M.G.L. c. 130, § 29
and set in coastal waters with permission of appropriate cities or towns, are
completely stationary and dependent on fish coming to them. Since fish tend to
follow the weir's leader to the head (heart and bowl), they become concentrated
and attract other fishermen to the weir where fish are available and more
easily caught. This use of the weir's fish-attracting traits by other
fishermen; for example, by fishing in the bowl or heart or alongside the
leader, can interfere with the weir's operation and/or success and cause
conflicts on the water between weir and other fishermen. Consequently, to avoid
these conflicts, a reasonable buffer zone within which no person may conduct
commercial or recreational fishing, except the weir owner or those with the
owner's consent to remove fish and squid from the head(s), has been
established.
(2)
Definitions.
Buffer Zone means the area around the
fish weir which is circumscribed by buoys attached to weir pole anchors. The
zone's boundary around the bowl is defined by imaginary straight lines between
the buoys. The zone's extension from the bowl towards shore and parallel to the
leader is defined by imaginary straight lines between the buoys on either side
of the bowl to buoys attached to leader pole anchors. The shoreward end of the
zone is defined by an imaginary straight line between the leader pole anchor
buoys 500 feet from the first leader pole at the entrance to the weir's heart.
When a weir has two heads, the zone extends the entire distance from the most
seaward head to leader pole buoys 500 feet shoreward of the first leader pole
at the entrance to the most shoreward head.
Commercial Fishing means fishing for
purposes of sale, barter or exchange.
Fish Weir (also known as pound net or
fish trap) means a stationary or fixed maze of nets attached to poles anchored
to the sea bed and comprised of the leader (line of poles with net attached)
extending from near-shore seaward to the heart which is adjacent to the bowl
where fish and squid accumulate. A weir may have two heads each with a heart
and bowl.
Fishing means to harvest, catch or
take or attempt to harvest, catch or take any fish or squid.
Recreational Fishing means fishing for
purposes of personal or family use by angling or hook and line.
(3)
Marking
(a) Weirs
with one head shall have anchors marked on the surface by buoys tied to the end
of anchor lines of the most seaward pole of the bowl and of the poles on both
sides of the bowl. The shoreward extension of the zone along and parallel to
the leader shall be marked on the surface by buoys tied to the anchor at the
end of anchor lines on both sides of the leader 500 feet from the leader pole
at the entrance to the heart.
(b)
Weirs with two heads shall have anchors marked on the surface by buoys tied to
the end of the anchor line of the most seaward pole of the most seaward bowl
and tied to the ends of anchor lines of the poles on both sides of the two
heads' bowls. The shoreward extension of the zone along and parallel to the
leader shall be marked on the surface by buoys tied to the anchor at the end of
anchor lines on both sides of the leader 500 feet from the leader pole at the
entrance to the most shoreward head's heart.
(c) All buoys shall be 12 inches diameter,
orange, inflated balls marked with the weir number assigned by DMF. A weir with
one head shall be marked with five buoys. A weir with two heads shall be marked
with seven buoys.
(4)
Prohibition. It is prohibited for any person to
conduct commercial or recreational fishing within the buffer zone except the
weir owner and those with the owner's consent to remove fish and squid from the
bowl(s).
(5)
Maximum
Buffer Zone Width.
(a) The
maximum distance between the anchor line buoys and the weir poles of the bowl
shall be 150 feet.
(b) The maximum
distance between the anchor line buoys and the weir poles of the leader shall
be 200 feet.
