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DMF to propose applying state cog‑pot rules to Massachusetts vessels fishing in the EEZ; seeks NOAA cooperation on gear marking
Summary
DMF staff proposed requiring Massachusetts cog‑pot fishers to follow state permit, trap‑limit, and trap‑tag rules when operating in federal waters and will work with NOAA Fisheries to harmonize buoy‑line marking and weak‑rope requirements to reduce entanglement attribution problems.
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DMF staff told the commission Dec. 17 they are concerned about Massachusetts crab/conch/conk pot and pot fisheries moving into the EEZ, where state‑level trap limits, trap tags and seasons currently do not apply and where different federal marking rules complicate entanglement attribution.
Jared described staff's near‑term proposal to apply state cog‑pot permit requirements (including limited‑entry permit, 200‑trap limit, trap tags and the December 16–April 14 seasonal closure) to Massachusetts vessels setting cog pot gear in federal waters. He said DMF would postpone applying similar state rules to federally permitted fishpot fisheries for now because of federal limited‑entry permit program constraints and trip‑limit interactions.
Staff also emphasized gear‑marking and weak‑rope issues: federal marking schemes in the northern nearshore waters differ (three 1‑foot red marks) from Massachusetts state trap marking (four 2‑foot red marks) and federal rules have not fully adopted the weak‑rope provisions in recent lobster rulemakings. DMF will work with NOAA Fisheries as it updates pot/trap rules for the northern nearshore to achieve clearer, distinguishable buoy‑line marks and weak‑rope requirements to reduce misattribution of entanglements.
DMF will publish the cog‑pot EEZ proposal for public hearing this winter and continue discussions with NOAA Fisheries on gear marking rulemaking slated for 2026.

