1. (1) Definitions. For the purpose of 322 CMR 4.01 the following terms have the following meanings:

Closed Season means the time during which fish cannot lawfully be taken or a time or area when and where the use of fishing gear is prohibited.

Commercial Fisher means any person who may set gear or catch, possess or land fish for the purpose of sale, barter, or exchange or keeps for personal use any fish taken under the authority of a commercial fishing permit issued in accordance with M.G.L. c. 130, §§ 2, 37, 38, or 80, and 322 CMR 7.01(2).

Director means the Director of the Division of Marine Fisheries or their designee.

Fishing Gear means a trap, net, fish car, or other device that is intact and is in the water during an open season.

Fishing Gear Debris means a trap, net, fish car, or other device that is not intact or is in the water during a closed season.

Intact means whole, undamaged, and functions as intended to take, hold, or capture fish. With respect to intact commercial and recreational trap/pot gear the following shall apply:

1. 1. Intact Commercial Trap/Pot Gear means any pot or trap that has at least three of the following:

   1. a. buoyed as required at 322 CMR 4.13;
   2. b. compliant with all buoy line marking and modification requirements at 322 CMR 12.06;
   3. c. possesses current year's trap tags as required at 322 CMR 6.31: Trap Tags; and
   4. d. is configured as required at 322 CMR 6.02(3) for traps or 322 CMR 6.12(4) through
   5. (6) for pots.

2. 2. Intact Recreational Trap/Pot Gear means any trap that has at least three of the following elements:

   1. a. buoyed as required at 322 CMR 4.13;
   2. b. compliant with all buoy line marking and modification requirements at 322 CMR 12.06;
   3. c. there is a synthetic plate or wooden lath present on or in the trap bearing the identifiers as established at 322 CMR 4.13; and
   4. d. is configured as required at 322 6.02(3).

Mobile Gear means any moveable or encircling fishing gear or nets which are towed, hauled or dragged through the water for the harvest of fish including, but not limited to, pair trawls, otter trawls, beam trawls, mid water trawls, scottish seines, danish seines, pair seines, purse seines or shellfish dredges.

Pot means any fish pot or whelk pot, modified fish pot or whelk pot, or any other contrivance, other than nets, that is placed on the ocean bottom and designed to catch fish or whelk.

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.

1. (2) Authorization to Remove, Possess, and Dispose of Fishing Gear Debris. It shall be unlawful for any entity to remove, possess, and dispose of fishing gear debris except as authorized below:

   1. (a) The Division of Marine Fisheries and the Office of Law Enforcement of the Executive Office of Energy and Environmental Affairs may at any time or for any purpose remove, possess, and dispose of fishing gear debris from the shoreline, intertidal zone, or waters under the jurisdiction of the Commonwealth.
   2. (b) Any person or entity may, without a permit from the Division of Marine Fisheries, remove, possess, and dispose of fishing gear debris located above mean low-tide.
   3. (c) Any commercial fisher fishing mobile gear within the waters under the jurisdiction of the Commonwealth may possess and dispose of fishing gear debris incidentally taken during their lawful fishing operation. In no manner shall this exempt these commercial mobile gear from the prohibition at M.G.L. c. 130, § 31 which prohibits the destruction, injury, or molestation of fishing gear without the consent of its owner. The destruction, injury, or molestation of fishing gear without the consent of its owner is prohibited and shall be subject to prosecution.

   4. (d) The Division of Marine Fisheries may issue a Special Project Permit, pursuant to 322 CMR 7.01(4)(c) to any person or entity to remove, possess, and dispose of fishing gear debris found within the waters under the jurisdiction of the Commonwealth below mean low-tide.

      1. 1. Persons and entities may apply for such a Special Project Permit by submitting a project proposal to the Division of Marine Fisheries in such form as directed by the Division.

      2. 2. An application for a Special Project Permit shall include the following:

         1. a. where the project will be conducted;
         2. b. when the project will be conducted;
         3. c. how the fishing gear debris will be collected;
         4. d. relevant experience of the proponents or their contractors in using this technique for the collection of fishing gear debris;
         5. e. how the fishing gear debris will be disposed of;
         6. f. an operational plan for preventing gear and user group conflicts; and
         7. g. such other information as the Division may require.
      3. 3. The Director shall approve or deny a Special Project Permit after review of the application. The Director may deny a Special Project Permit application based on the expertise of the applicant, the likelihood of the project's success, the project's ability to avoid gear or user group conflicts, and any other relevant factors.