I 'believe' that (1) as long as you don't sell it, (2) do not take any river herring (banned through 2010), and (3) use a net smaller than 100 square feet ... then you don't need an Inshore Fisheries Net License. My brother has such a license ($35?) as his pogie nets are > 100 sq-ft. Here's some updated info too, but you should check the Mass Div of Marine Fisheries website, or call them.
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The MA Division of Marine Fisheries & the Massachusetts Marine Fisheries Commission are holding Hearings to obtain public input on new and updated regulations regarding the use of Purse Seine Nets, Surface Gill Nets & Cast Nets for the purpose of gathering bait, either for sale or not for sale. These regulations touch multiple subjects MSBA members have spoken about in the past. Some of these subjects include Commercial Purse Seine Boats working in Boston Harbor, bait sale from boats in Boston Harbor, the use of surface gill nets for catching Menhaden, the use of cast nets for catching Menhaden and more. There will be an explanation of this proposed regulation at the January MSBA meeting. Please read the proposed regulation and if you want to have your opinion count, either plan to show up at one of the following hearings or give me input at the next MSBA Meeting.
Patrick Paquette
MSBA Gov't Affairs Officer
NOTICE OF PUBLIC HEARINGS
SCHEDULED FOR JANUARY 26 & 27, 2009
Under the provisions of M.G.L. Ch 30A and pursuant to the authority found in M.G.L. Ch. 130 ss. 2, 17A, 38, 80 & 100A Division of Marine Fisheries (DMF) and the Marine Fisheries Advisory Commission (MFC) have scheduled public hearings to accept comments on:
DMF proposals to amend regulations governing pelagic fisheries for species such as menhaden, sea herring and mackerel conducted in waters under the jurisdiction of the Commonwealth using various gear types, including purse seines, surface gillnets, and cast nets. Proposals include a) purse seine permit and vessel size requirements; b) surface gillnet permit requirements and gear specifications; and c) cast net permitting requirements. Note: Certain proposals apply to the Inshore Net Regulated Areas as defined in 322 CMR 4.02.
Cast net permitting & use proposals (322 CMR 4.15), include:
i) Allow any person to use a cast net for purposes of catching bait species for personal use without a permit;
ii) Require any person using a cast net for purposes of obtaining bait for sale to a bait dealer to obtain a commercial fishing permit;
iii) Require any person using a cast net for purposes of obtaining bait for sale to someone who is not a dealer to obtain both a commercial fishermen’s permit and a bait dealer's permit.