New State Rules Allow Cleanup Of ‘Ghost Gear'

CHATHAM – Thanks to a recent rule change by the state’s Division of Marine Fisheries, it’s now legal for the public to clean up fishing gear debris to prevent ghost fishing, protect marine life and enhance public safety.

 Previously, all fishing gear was treated as private commercial property, even if it was broken in pieces, and removing it from the beach legally constituted theft. The new regulations, which took effect on Jan. 30, aim to allow fishing gear debris to be removed, while preserving the owner’s property rights for intact fishing gear that has merely washed ashore.

 “Abandoned, lost, and derelict fishing gear has no place in our environment. Over 9 percent of fishing gear is lost or abandoned annually, but outdated state laws previously prevented our efforts to recover it,” said DMF Director Dan McKiernan. “We are grateful to the Legislature’s Coastal Caucus, lobster industry, and conservation community who all played an important role in advocating for this change to greatly enhance our capacity to clean up fishing gear debris with partners.” 

 Beachcombers have long prized derelict lobster pot buoys for adorning their fences or garden sheds but faced potential penalties for recovering them from the beach. Now, provided that the buoy is fragmented or does not have a tag with the owner’s ID number, it can be legally removed. Any fishing gear, including lobster traps, that is functional or whole or marked with the owner’s identification must be reported to the Massachusetts Environmental Police, which will contact the owner.

The new rules were crafted by a task force of fishermen and conservationists convened in 2022. The group quickly concluded that fishing gear debris presented serious challenges on the waterfront. 

 “State law needed to be updated to encourage efforts to clean up fishing gear debris while still affording private property rights to fishing gear," said Marine Fisheries Advisory Commission Chair and Cape Cod Commercial Fishermen’s Alliance Outreach Coordinator Ray Kane of Chatham. “I am proud of the work accomplished by DMF and the fishing industry to develop and implement this framework, which was strongly and unanimously approved by the Marine Fisheries Advisory Commission in December 2025. This will enhance our ability to clean up fishing gear debris to the betterment of our marine environment, fishery resources, and commercial fisheries.” 

The regulations have the support of the Massachusetts Lobstermen’s Association as well.

 “It has been a long time coming and we’re pleased that marine debris can legally be removed from our waters and shoreline in an efficient manner,” MLA Executive Director Beth Casoni said. “We look forward to working with local communities that organize beach cleanups and fishermen to effectively remove marine debris from our ocean.” 

 “We have been privileged to participate in the collaborative development of the new state regulations for fishing gear debris,” said Center for Coastal Studies Marine Debris and Plastics Program Director Laura Ludwig. “Our ghost gear project in Massachusetts waters has removed over 100 tons of lost, abandoned or discarded fishing gear since 2013, and we're proud that our data could support this forward-thinking language change to facilitate future handling and disposal of marine debris." 

 Fishing gear debris — which is defined as gear that is not intact, does not function as intended, or is set during a closed season — harms marine life and creates safety hazards for fishers, boaters and beachgoers, according to officials. Lost or abandoned gear can ghost fish, or continue to catch and kill marine life, and pose entanglement risks for endangered marine mammals and sea turtles. Additionally, it creates significant hazards for mariners, commercial fishers, and beachgoers by impeding navigation, creating conflicts, and posing risks to public safety. 

 “Fishing gear debris is a threat to marine life, a safety hazard for mariners, a persistent problem on our beaches, and a costly burden for municipalities to clean up. We look forward to this significant boost in our capacity to address this growing issue,” said Massachusetts Environmental Police Colonel John Monaghan. 

 Prior to the regulatory change, Massachusetts had some of the strictest and most antiquated fishing gear laws in the nation, some of which hadn’t changed much since 1940. At the time, much of the fishing gear used was salvageable and biodegradable wooden lathe traps. Today, most fishing gear debris consists of plastic-coated metal traps, which are not biodegradable and often not salvageable.