Current through Register 1531, September 27, 2024
(1)
Purpose and Scope. Since approximately October 1981
the Atlantic coastal states, through the auspices of the Atlantic States Marine
Fisheries Commission (ASMFC), have been developing conservation and management
measures for Atlantic striped bass through an interstate fishery management
plan.
322 CMR 6.07 represents the
Commonwealth's response to this cooperative and j oint coastal state
conservation management effort. The objective of
322
CMR 6.07 is to allow controlled sustained
recreational and commercial fishing for striped bass pursuant to the provisions
of the ASMFC striped bass Fishery Management Plan.
322 CMR 6.07 is designed to
identify the various user groups, implement conservation and management
measures tailored to each group, and collects accurate statistics on striped
bass catch levels. Persons intending to fish for striped bass have the option
of classifying their activity as recreational or commercial. If a person
intends to catch striped bass only for personal consumption and not for sale,
that person must have a recreational saltwater fishing permit, and may fish
year round, and retain striped bass that measure between 28 inches and less
than 31 inches, but may not retain more than one striped bass within any
calendar day.
Any person intending to catch and possess striped bass for the
purpose of sale, barter or exchange must be fishing under the authority of a
commercial permit and a regulated fishery permit for striped bass. However,
322
CMR 6.07 establishes a commercial fishing
season that closes upon reaching the commercial catch quota, establishes a
minimum commercial size of 35 inches, and requires fish to be sold only to
dealers licensed and authorized by the Commonwealth.
Finally,
322
CMR 6.07 allows wholesale and retail dealers
to purchase and sell striped bass under certain conditions. To purchase striped
bass directly from commercial fishers, wholesale and retail dealers must be
authorized as primary buyers of striped bass and must affix a Striped Bass ID
Tag to all striped bass at the time of primary purchase from the commercial
fisher. Striped bass imported into the Commonwealth must be marked with a
numbered tag that identifies the state of origin and must be accompanied by
documents that verify state of origin. Nonconforming (undersized) striped bass
that were caught in the wild may be imported into the Commonwealth provided
those fish were legally taken, shipped and meet documentation requirements of
the state-of-origin.
(2)
Definitions. For purposes of
322
CMR 6.07, the following words shall have the
following meanings:
Actively Transport means the movement
of lawfully caught striped bass by a commercial fishing permit holder in a
motor vehicle or a vessel. For purposes of 322 CMR 6.00, this shall include the
movement of lawfully caught striped bass by a motor vehicle along the roads
adjacent to the Cape Cod Canal, and also the landing of striped bass lawfully
caught aboard a vessel and brought ashore at Taylor Point Marina in the town of
Bourne or in Sandwich Marina.
Bait means any marine or aquatic
organism, live or dead, whole or parts thereof.
Cape Cod Canal means those waters and
the shoreline, including all adjacent jetties, wharfs, docks, ripraps and
beaches, extending from the most seaward extent of the state pier at Taylor's
Point on the campus of Massachusetts Maritime Academy in Bourne; thence
extending in an easterly direction to the seaward end of the northern
breakwater jetty at the eastern entrance at Scusset Beach in Sandwich; thence
in a straightline in a southerly direction across the eastern entrance of the
waterway to the seaward end of the southern breakwater jetty in Sandwich;
thence in a westerly direction to the northernmost tip of the peninsula at the
end of President's Road in Bourne.
Circle Hook means a fishing hook
designed and manufactured so that the barb of the hook is not offset from the
plane of the shank and bend and is turned perpendicularly back towards the
shank to form a circular or oval shape.
Closed Commercial Fishing Day means
any calendar day within the commercial season when the retention, possession,
and landing of striped bass for commercial purposes is unlawful, as set forth
at 322 CMR
6.07(4)(b).
Commercial Fisher means any person who
may catch, possess and land striped bass for the purpose of sale, barter, or
exchange or keeps for personal or family use taken under the authority of a
commercial fishing permit issued by the Director under the authority of
322
CMR 7.01: Form, Use and Contents of
Permits.
Commercial Purposes means the
retention, possession, and transportation of striped bass for any fare, rate,
fee, charge, sale, exchange, trade or other consideration that is directly or
indirectly made in connection with any business or other undertaking intended
for profit.
Commercial Quota means the allowable
annual Massachusetts commercial harvest of striped bass pursuant to the ASMFC
Interstate Striped Bass Management Plan, reduced by any overage incurred in the
previous year.
Commercial Season means that period
when commercial fishing is allowed beginning on the first open fishing day on
or after June 16th and ending when the quota is
reached or on November 15th, whichever occurs first.
The commercial season shall be further regulated by open and closed fishing
days.
Consumer means any individual who
obtains striped bass for personal use, rather than resale.
Dealer means any wholesale or retail
seafood dealer permitted by the Director pursuant to M.G.L. c. 130, § 80,
and 322 CMR
7.01(3): Dealer
Permits.
Director means the Director of the
Division of Marine Fisheries.
For-hire Vessel means any vessel that
holds a for-hire permit, issued in accordance with M.G.L. c. 130, § 17C,
and 322 CMR
7.10(5): Permit
Requirements Applicable to For-hire Vessels, that is carrying paying
customers for the purpose of recreational fishing.
Gaff means a pole with a hook on the
end that is used to lift a fish out of the water and onto a vessel or the
shore.
High-grading means the discarding of a
smaller legal-sized fish (previously captured and retained) in favor of a
larger legal-sized fish.
Land means to transfer or attempt to
transfer the catch of striped bass from any vessel to any other vessel or onto
any land, pier, wharf, dock or other artificial structure, or for a fishing
vessel with any striped bass onboard to tie-up to any pier, wharf, dock, or
artificial structure.
Non-lethal Device means any tool used
in the removal of striped bass from the water or to assist in the releasing of
striped bass that does not pierce, puncture, or otherwise cause invasive damage
to the fish that may result in its mortality.
Open Commercial Fishing Days means
those calendar days within the commercial season when the retention,
possession, and landing of striped bass for commercial purposes is lawfully
allowed, as set forth at
322
CMR 6.07(4)(b).
Person means any individual, firm,
corporation, association, partnership, club, bar, restaurant, supermarket, food
warehouse, or private body.
Primary Buyer means any dealer
authorized by the Director, pursuant to M.G.L. c. 130, § 80, and
322
CMR 7.07: Dealers Acting as Primary
Buyers, to purchase striped bass directly from a commercial
fisher.
Primary Purchase means the first
commercial transaction by sale, barter or exchange of any striped bass after
its harvest between a commercial fisher and a dealer authorized as a primary
buyer and where both parties to the transaction are present.
Recreational Fisher means any person
who harvests or attempts to harvest striped bass for personal or family use,
sport or pleasure, and which are not sold, traded or bartered.
Recreational Fishing means the
noncommercial taking or attempted taking of striped bass for personal or family
use, sport, or pleasure and which are not sold, traded or bartered.
Striped Bass ID Tags means the
lockable, single-use, tamper evident, and nontransferable tags issued by the
Director to Primary Buyers for affixing to striped bass. Striped Bass ID Tags
are imprinted with the species, year, state, and unique identification number
traceable to the Primary Buyer to whom they are issued.
Total Length means the greatest
straight line length in inches as measured on a fish with its mouth closed from
the anterior most tip of the jaw or snout to the farthest extremity of the
tail. For fish with forked tails, the upper and lower fork may be squeezed
together to measure the tail extremity.
(3)
Regulated Fishery
Permit. The following special permit shall be required:
(a) A commercial fisher shall have issued to
him or her by the Director a regulated fishery permit for striped bass, in
addition to any other permits required by the Massachusetts General Laws, in
the following categories:
1. resident;
and
2. nonresident.
(b) A striped bass regulated
fishery permit authorizes the named individual and/or a commercial fishing
vessel to engage in the harvest, possession, and landing of striped bass for
commercial purposes in compliance with
322
CMR 6.07,
322
CMR 7.01: Form, Use and Contents of
Permits and
322
CMR 7.04: Commercial Fisheries
Control Date.
(c) A
striped bass regulated fishery permit shall be valid only during the striped
bass commercial season as provided for in
322
CMR 6.07(4)(b).
(d) A striped bass regulated fishery permit
shall be carried by the holder at all times when catching, taking, possessing
or selling striped bass, and shall be displayed forthwith on demand of any
Environmental Police officer or other official authorized to enforce
322
CMR 6.07.
(e) All persons must apply for or apply to
renew their striped bass regulated fishery permit endorsement by the last day
of February in the effective permitted fishing year.
(4)
Commercial Management
Measures. For purposes of conservation and management of the
resource, the following measures shall apply to commercial fishers who harvest,
catch or take, and/or sell, barter or exchange, or attempt to sell, barter or
exchange any striped bass:
(a) Massachusetts
commercial striped bass harvest will be limited annually by the commercial
quota less any amount deducted to compensate for the previous year's overage.
(b) Commercial fishers may fish for
striped bass only during the commercial season and open commercial fishing days
within said season beginning on the first open commercial fishing day on or
after June 16th and ending when the commercial quota
is taken or on November 15th, whichever occurs
first.
1. During the period of June
16th through September
30th, open commercial fishing days shall be Tuesdays
and Wednesdays and closed commercial fishing days shall be Mondays, Thursdays,
Fridays, Saturdays, and Sundays. Thursdays shall be added as an open fishing
day effective August 1st if DMF determined that 30%
of the quota remains available after July 31st. The
3rd of July, 4th of July and Labor Day shall be
considered closed commercial fishing days.
2. During the period of October
1st through November
15th, open commercial fishing days shall be Mondays
through Fridays and closed commercial fishing days shall be Saturdays and
Sundays.
3. During any closed
commercial fishing day it shall be unlawful for any commercial fisher to
retain, possess, or land more than one striped bass; to retain, possess or land
any striped bass measuring 35 inches or greater total length; or to sell,
barter, or exchange or offer for sale, barter, or exchange any striped
bass.
(c) Commercial
fishers engaged in commercial fishing for striped bass may not possess striped
bass less than 35 inches in total length. If the number of striped bass aboard
a vessel is greater than the number of fishers, then all striped bass in
possession must be greater than 35 inches in total length, and all fishers must
be commercially permitted as described in
322
CMR 6.07(3). Striped bass
less than 35 inches in total length shall be returned immediately to the waters
from which taken.
(d) Commercial
fishers engaged in striped bass fishing under the authority of a Commercial
Fishing Coastal Lobster, Offshore Lobster or Boat Permit, issued in accordance
with 322 CMR
7.01(2): Commercial
Fishing Permits and on the registered vessel listed on the permit, may
not possess, land, offer for sale or sell more than 15 striped bass per day on
open commercial fishing days, as set forth at
322
CMR 6.07(2) and
6.07(4)(b).
This limit applies to the individual fisher, regardless of the number of
commercial striped bass regulated fishery permit endorsements held by the
individual or number of trips taken in a day and the vessel, regardless of the
number of individual commercial striped bass regulated fishery permit
endorsement holders onboard or the number of trips taken in a day.
(e) Commercial fishers engaged in striped
bass fishing under the authority of a Commercial Fishing Individual or Rod and
Reel permit, issued in accordance with
322
CMR 7.01(2):
Commercial Fishing Permits or under the authority of a
Commercial Fishing Coastal Lobster, Offshore Lobster or Boat Permit, issued in
accordance with
322
CMR 7.01(2), while fishing
from shore or any location other than the registered vessel listed on the
permit may not possess, land, offer for sale or sell more than two striped bass
per day on open commercial fishing days, as set forth at
322
CMR 6.07(2) and
6.07(4)(b).
This limit applies to the individual fisher whether fishing from shore or a
vessel, regardless of the number of commercial striped bass regulated fishery
permit endorsement assigned to the individual fisher or the number of trips
taken in a day.
(f) All striped
bass which are the subject of a first sale shall be in the round, with the
head, body and tail fully intact.
(g) Except as provided for in
322
CMR 6.07(5)(f), no striped
bass may be filleted or processed in any manner, except by evisceration. In all
prosecutions or non-criminal citations issued, mutilation of a striped bass
which interferes with or affects a proper or adequate measurement of the fish
shall be prima facie evidence that the striped bass was or is
less than 35 inches in total length.
(h) Commercial fishers shall sell striped
bass only to Primary Buyers.
(i)
Commercial fishers shall sell striped bass only during the commercial season
and only during the open commercial fishing days within the commercial
season.
(j) Commercial fishers may
harvest, catch, or take striped bass by rod-and-reel or handline
only.
(k) Commercial fishers
engaged in commercial fishing for striped bass may not fish aboard the same
vessel at the same time as recreational fishers.
(l) In accordance with the Declaration
Procedure set forth at
322
CMR 6.41(2), the Director
may make in-season adjustments to the commercial fishing limits as established
in 322 CMR 6.07(4)
including, but not limited to, the open
commercial fishing days and the commercial fishing limits as set forth at
322
CMR 6.07(4)(b), (d) and
(e).
(m) Commercial fishers are prohibited from
harvesting striped bass from the Cape Cod Canal for commercial purposes or
possessing any striped bass 35 inches in total length or larger in any
container or vehicle within 1,000 feet of the shoreline of the Cape Cod Canal,
unless the fish is being actively transported to a primary dealer and was
lawfully taken in a location other than the Cape Cod Canal.
(n) Commercial fishers shall not retain,
possess, land, sell, or offer for sale any striped bass unlawfully taken in
another jurisdiction.
(5)
Recreational Management Measures. For purposes of
conservation and management of the resource, the following measures shall apply
to recreational fishers who harvest, catch, take or possess or attempt to
harvest, catch, take or possess any striped bass:
(a) Only striped bass measuring at least 28
inches and less than 31 inches in total length may be retained. Striped bass
measuring less than 28 inches or 31 inches or greater in total length shall be
released immediately to the waters from which taken. Retained striped bass
shall have head and tail intact and be otherwise kept whole except for
evisceration, bleeding, or descaling while on the waters under the jurisdiction
of the Commonwealth or any adjacent parcel of land, structure, portion of
roadway, or parking lot, except if being prepared for immediate
consumption.
(b) Recreational
fishers may retain no more than:
1. one
striped bass per day; and
2. may
possess no more than one striped bass at any one time.
(c) Recreational fishers may not sell, barter
or exchange any striped bass.
(d)
Recreational fishers may not discard dead striped bass that measure between at
least 28 inches, but less than 31 inches in total length.
(e) To prohibit the practice of high-grading
as defined in
322
CMR 6.07(2), recreational
fishers may not retain legal-sized striped bass and release said fish in favor
of another larger legal-sized striped bass captured subsequently. Any
legal-sized fish not immediately released into the water and held by stringer,
live-well or another means shall be considered intent to high-grade.
(f)
Mandatory Use of Circle
Hooks. Recreational fishers shall use circle hooks when fishing
for striped bass with whole or cut natural baits. This shall not apply to any
artificial lure. Striped bass caught on any unapproved method of take must be
returned to the water immediately without unnecessary injury.
(g)
Processing of Striped Bass by
Recreational Fishers. Recreational fishers who retain striped bass
shall keep the head and tail intact and the fish whole until they reach their
domicile or temporary residence, subject to the following exceptions:
1. Recreational fishers may eviscerate,
bleed, or descale striped bass of a lawfully conforming size while on land or
while on the waters under the jurisdiction of the Commonwealth.
2. Recreational fishers may fillet striped
bass of a lawfully conforming size on land once recreational fishing has ceased
and all fishing gear is stowed. Not more than two fillets, representing the
equivalent of the one fish recreational retention and possession limit, shall
be possessed by any recreational fisher at any one time. In instances when
recreational fishers comingle their fillets, the total number of fillets will
be divided by the total number of recreational fishers present to determine if
no more than two fillets are possessed by any recreational fisher. Each fillet
shall have two square inches of skin affixed to it and that skin shall remain
affixed to the fillet until the recreational fisher reaches their domicile or
temporary residence. Fillets of striped bass may not be possessed while fishing
is occurring or while fishing gear is being stowed.
3. Recreational fishers may fillet striped
bass of a lawfully conforming size while on the waters under the jurisdiction
of the Commonwealth for immediate and complete consumption once recreational
fishing has ceased and all fishing gear is stowed.
4. The captain or crew of a for-hire vessel
may fillet striped bass of a lawfully conforming size for their patrons while
on the waters under the jurisdiction of the Commonwealth. All filleting must
occur prior to the customers departing the for-hire vessel. All striped bass
carcasses from which fillets are removed during any for-hire trip are to be
retained in a manner that does not interfere with species identification or
total length measurement until such a time as the for-hire trip has ended, the
vessel has docked, and all customers from that trip have departed the for-hire
vessel. Not more than two fillets, representing the equivalent of the one
striped bass recreational retention and possession limit, shall be possessed by
any for-hire patron at any one time. In instances when for-hire patrons
comingle their fillets, the total number of fillets will be divided by the
total number of for-hire patrons present to determine if no more than two
fillets are possessed by any for-hire patron. Each fillet shall have two square
inches of skin affixed to it and that skin shall remain affixed to the fillet
until the for-hire patron reaches their domicile or temporary
residence.
(6)
Dealer Management Measures. For purposes of
conservation and management of the resource, the following measures shall apply
to any dealer who possesses, sells or offers to sell any striped bass:
(a) Only Primary Buyers shall purchase
striped bass directly from commercial fishers and both parties shall be present
at the transaction.
(b) Primary
Buyers shall report all striped bass purchases from commercial fishers based on
schedules and on forms to be provided by the Division.
(c) Primary Buyers may not purchase or
receive from a commercial fisher any striped bass which is less than 35 inches
in total length.
(d) Primary Buyers
may not purchase, receive or possess from a commercial fisher any striped bass
which has been mutilated in such a way as to interfere with or affect a proper
or adequate measurement of the fish.
(e) Primary Buyers may not purchase or
receive from a commercial fisher any striped bass during the closed fishing
days within the commercial fishing season.
(f) Primary Buyers may not purchase more than
a single commercial trip limit of striped bass from any commercial fisher,
regardless of the number of commercial striped bass regulated fishery permit
endorsements in the possession of the commercial fisher.
(g) Dealers may purchase and offer for sale
whole striped bass that were caught in the wild and imported into Massachusetts
from states where they have been lawfully landed provided that the fish comply
with the size limit for the jurisdiction of origin and are individually tagged
with the jurisdiction of origin. If fish are filleted after importation, all
containers of fillets shall be accompanied by records describing the
jurisdiction of origin, the name of the Massachusetts dealer that processed the
fish, the quantity of fillets and the species. A copy of these records shall be
kept on the dealers premises for 30 days after processing. Original tags shall
remain with the fish or the fish fillets, as required at
322
CMR 6.07(6)(h)2.
(h) Primary Buyers shall tag each striped
bass with a Striped Bass ID Tag in accordance with the following provisions:
1.
Issuance of Striped Bass ID
Tags.
a. The Director shall
annually issue Striped Bass ID Tags only to Primary Buyers.
b. The annual quantity of tags issued shall
be determined by the Director based on the commercial quota.
2.
Use and Disposition
of Striped Bass ID Tags.
a.
Immediately upon receipt of fish at the primary purchase, the Primary Buyer
shall affix a Striped Bass ID Tag through the mouth and gills or through the
lower jaw of each striped bass and lock the Striped Bass ID Tag into
place..
b. Striped Bass ID Tags
shall remain affixed through the mouth and gills or lower jaw of any whole
striped bass or accompany any processed or filleted striped bass while in the
possession of any person for the purpose of resale.
c. If a person intends on selling portions of
processed or filleted striped bass to a consumer, the tags shall remain on the
premise of the seller until all portions are sold to a consumer.
d. Once all portions of a striped bass are
sold, a person shall cut the Striped Bass ID Tag into two pieces and discard
it.
3.
Striped Bass ID Tag Accounting.
a. Within 30 days of a written request by the
Director, following the close of the commercial season, the Primary Buyer
shall:
i. return all unused Striped Bass ID
Tags issued to the Primary Buyer by the Director for that year; and
ii. submit a Striped Bass ID Tag Accounting
Report, on forms provided by the Director, which documents the disposition of
all Striped Bass ID Tags.
b. The Director may restrict a dealer from
future participation as a Primary Buyer for failure to return all unused
Striped Bass ID Tags or submit the Striped Bass ID Tag Accounting Report in
accordance with
322
CMR 6.07(6)(h)3.a.
(7)
Prohibitions. It shall be unlawful for:
(a) a recreational fisher to retain more than
one striped bass per day;
(b) a
recreational fisher to possess more than one striped bass at any one
time;
(c) a recreational fisher to
sell, barter or exchange or offer to sell, barter or exchange any striped
bass;
(d) a recreational fisher to
retain or possess any striped bass less than 28 inches or 31 inches or greater
in total length;
(e) a recreational
fisher to mutilate any striped bass in a manner that prevents the accurate
measurement of the fish; such mutilation shall be prima facie
evidence of a violation of
322
CMR 6.07(7);
(f) a recreational fisher to discard dead
striped bass that measure between 28 inches, but less than 31 inches or greater
in total length;
(g) a recreational
fisher to "high-grade" striped bass or to keep striped bass alive in the water
by attaching a line or chain to the fish or placing the fish in a live-well or
holding car;
(h) any person(s),
whether from shore or onboard a vessel, to possess striped bass in any quantity
exceeding one striped bass per person without a commercial striped bass
regulated fishery permit and for those striped bass to violate the commercial
management regulations at
322
CMR 6.07(4);
(i) a for-hire vessel, permitted in
accordance with
322
CMR 7.10(5): Permit
Requirements Applicable to For-hire Vessels, during a for-hire trip to
retain more than one striped bass for each person onboard;
(j) any person other than a commercial fisher
to make a primary sale of striped bass to any person other than a Primary
Buyer.
(k) a nonresident commercial
fisher to possess more than one striped bass upon entering or leaving
Massachusetts;
(l) a commercial
fisher to catch, take, possess, sell, barter, exchange or attempt to sell,
barter or exchange any striped bass without having issued to him or her a valid
permit to do so;
(m) a commercial
fisher to catch, take, possess, sell, barter, exchange or attempt to catch,
take, possess, sell, barter or exchange any striped bass for commercial
purposes once the commercial quota is reached and the commercial fishery is
closed, or to retain, possess or land more than one striped bass during any
calendar day that is a closed commercial striped bass fishing day, as described
at 322 CMR
6.07(4)(b);
(n) a commercial fisher to sell, barter,
exchange or attempt to sell, barter, exchange any striped bass during any
calendar day that is a closed to commercial striped bass fishing day, as
described at
322
CMR 6.07(4)(b);
(o) a commercial fisher to catch, take,
possess, sell, barter, exchange or attempt to sell, barter or exchange any
striped bass less than 35 inches in total length;
(p) any commercial fisher fishing under the
authority of a Commercial Fishing Coastal Lobster, Offshore Lobster or Boat
Permit, issued in accordance with
322
CMR 7.01(2)(a), (c), (d) and
(e) and onboard the registered vessel listed
on the permit, to take, possess, land, offer for sale or sell more than 15
striped bass during a single open commercial fishing day, as set forth at
322
CMR 6.07(4)(b). This shall
apply to the individual fisherman, regardless of the number of commercial
striped bass regulated fishery permit endorsements held by the individual or
number of trips taken in a day and the vessel, regardless of the number of
commercial striped bass regulated fishery permit endorsement holders
aboard;
(q) any commercial fisher
fishing under the authority of a Commercial Fishing Individual or Rod and Reel
Permit, issued in accordance with
322
CMR 7.01(2)(h):
Individual,
322
CMR 7.01(2)(i):
Shellfish/Rod and Reel and
322
CMR 7.01(2)(j): Rod
and Reel, or under the authority of a Commercial Fishing Coastal
Lobster, Offshore Lobster or Boat Permit, issued in accordance with
322
CMR 7.01(2)(a), (c), (d) or
(e), while fishing from shore or anywhere
other than the registered vessel listed on the permit, to take, possess, land,
offer for sale or sell more than two striped bass during a single open
commercial fishing day, as set forth at
322
CMR 6.07(4)(b). This shall
apply to the individual commercial fisher whether fishing from shore or from a
vessel, regardless of the number of commercial striped bass regulated fishery
permit endorsement holders aboard or trips taken in a day;
(r) a commercial fisher to fillet or process
any striped bass other than by evisceration;
(s) a commercial fisher to mutilate any
striped bass in such a way as to interfere with or affect a proper or adequate
measurement of the fish;
(t) a
commercial fisher to participate in the primary purchase of any striped bass
which is not in the round, or which has had the head or tail removed;
(u) a commercial fisher to possess or land
striped bass once the Director has determined that 100% of the commercial quota
has been reached;
(v) any Primary
Buyer to purchase or receive during a primary purchase any striped bass which
has been mutilated in such a way as to interfere with or affect a proper or
adequate measurement of the fish;
(w) any Primary Buyer to purchase or receive
from a commercial fisher any striped bass which is less than 35 inches in total
length;
(x) any Primary Buyer to
purchase or receive from a commercial fisher any striped bass after the open
commercial season has closed or on any calendar day that is not an open
commercial fishing day;
(y) any
Primary Buyer to fail to report all striped bass purchases from commercial
fishers as prescribed by the Director;
(z) any commercial fisher to harvest, catch,
or take striped bass by longlines or tub-trawls;
(aa) any vessel rigged for otter trawling,
hauling sink gillnets, purse seines, or possessing baited or unbaited longline
or tub-trawl gear to possess striped bass;
(bb) any wholesale or retail dealer to
possess, sell, barter or exchange or offer to sell, barter or exchange any
whole striped bass imported into Massachusetts, unless such fish so imported is
tagged as specified by
322
CMR 6.07(6);
(cc) any commercial fisher to discard dead
striped bass that are 35 inches or greater in total length;
(dd) any person to receive during a primary
purchase any striped bass, unless permitted as a wholesale or retail dealer
pursuant to
322
CMR 7.01(3): Dealer
Permits and authorized as a Primary Buyer pursuant to
322
CMR 7.07: Dealers Acting as Primary
Buyers;
(ee) any person
involved in the resale of striped bass to fail to furnish, upon request of the
Director or the Environmental Police, receipts documenting the purchase of
striped bass;
(ff) any person to
apply a Striped Bass ID Tag to a striped bass harvested for commercial purposes
without being a Primary Buyer;
(gg)
a Primary Buyer to tag a striped bass with a Striped Bass ID Tag that was not
issued to said Primary Buyer by the Director for the current year or that has
been defaced or modified in any manner;
(hh) any person, other than the original
harvester, to possess striped bass or portions thereof for the purpose of sale
without the striped bass or portions thereof being tagged in accordance with
322
CMR 6.07(6)(g);
(ii) any person to fail to surrender Striped
Bass ID Tags to the Director or the Environmental Police upon request;
(jj) any person to sell, trade,
loan or gift or offer to sell, trade, loan or gift to another person any
Striped Bass ID Tags;
(kk) a
Primary Buyer to file a false claim of Striped Bass ID Tag loss for purposes of
obtaining additional Striped Bass ID Tags.
(ll) Any person to retain, possess, land,
sell, or offer for sale any striped bass unlawfully taken in another
jurisdiction.
(mm) for any
recreational fisher to use any device other than a nonlethal device to remove a
striped bass from the water or assist in the releasing of a striped
bass.
(nn) for any commercial
fisher fishing on an open commercial fishing day to gaff a striped bass or
attempt to use a gaff to remove a striped bass from the water that is less than
35 inches in total length.
(oo) for
any recreational fisher to use any type of hook other than a circle hook when
fishing for striped bass with whole or cut natural baits. This shall not apply
to any artificial lure.
(pp) for
any recreational fisher to retain any striped bass incidentally caught by any
unapproved method.
(qq) any person
to retain or possess more than one striped bass taken from the Cape Cod Canal
during any calendar day.
(rr) Any
person to possess any striped bass measuring 31 inches in total length or
larger within 1,000 feet of the Cape Cod Canal unless that fish was lawfully
harvested in a location other than the Cape Cod Canal and is being actively
transported to a primary buyer.
(ss) Any person to possess more than one
striped bass at any time within 1,000 feet of the Cape Cod Canal, unless the
fish was lawfully harvested in a location other than the Cape Cod Canal and is
being actively transported to a primary buyer.
(tt) Any commercial fisher to retain or
possess any striped bass taken from the Cape Cod Canal for sale or attempted
sale.
