Current through Register 1531, September 27, 2024
(1)
Definitions. For the purposes of
322
CMR 6.22, the following terms shall have the
following meanings.
Commercial Fisher means any person
permitted in accordance with M.G.L. c. 130, § 80 and
322
CMR 7.01(2) to retain,
possess, and land summer flounder for purpose of sale, barter, or exchange or
who keeps for personal or family use any summer flounder taken under the
authority of said permit.
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.
Land means to transfer or attempt to
transfer the catch of summer flounder 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 summer flounder onboard to tie-up to any pier, wharf,
dock, or artificial structure.
Period I means the commercial fishery
for summer flounder occurring between January 1st
and April 22nd.
Period II means the commercial fishery
for summer flounder occurring between April 23rd and
December 31st.
Quota means the Commonwealth's share
of the annual commercial summer flounder quota adopted by the Atlantic States
Marine Fisheries Commission.
Recreational Fisher means any person
who harvests or attempts to harvest fish for personal or family use, sport or
pleasure, which are not to be sold, bartered, or exchanged.
Summer Flounder means fluke or that
species of fish known as Paralichthys dentatus.
Trip means that period of time that
begins when a fishing vessel departs from a dock, berth, beach, seawall, ramp
or port to carry out commercial fishing operations and that ends with a return
to a dock, berth seawall, ramp or port.
Trip Limit means the maximum lawful
amount of summer flounder that a commercial fisher may retain, possess, or land
within the waters under the jurisdiction of the Commonwealth or sell, barter or
exchange or offer for sale, barter, or exchange. Trip limits apply per trip or
per calendar day, whichever period of time is longer and are applied to the
vessel named on the commercial fishing permit regardless of the number of
commercial fishing permits or letters of authorization carried on board the
vessel.
(2)
Commercial Fishery
(a)
Minimum Size. It
shall be unlawful for any commercial fisher to retain, possess, or land summer
flounder less than 14 inches in total length.
(b)
Seasonal Quota
Allocations. Annually, the quota shall be split with a target
allocation of 30% to the Period I fishery and 70% allocated to the Period II
fishery. Any unused portion of the quota from Period I may be re-allocated to
Period II. Overharvest of either period allocation may be deducted from the
corresponding period in the following year.
(c)
Period I (January
1st through April
22nd).
1. From January
1st through April 22nd,
or until DMF determines 30% of the quota has been reached, whichever occurs
sooner, the trip limit for any commercial fisher shall be 5,000
pounds.
2. Once DMF determines 30%
of the quota has been reached, the trip limit for any commercial fisher shall
be 100 pounds.
3. Subject to an
annual authorization from the Director, vessels landing in Massachusetts may
possess summer flounder in quantities exceeding the limits at
322
CMR 6.22(2)(c)1. and 2.,
provided the non-conforming fish is to be landed in another state, is clearly
labeled identifying the state it is to be landed in, and it remains on the
vessel while the Massachusetts limit is being landed.
(d)
Period II (April
23rd through December
31st).
1.
Commercial Fishing with
Nets. From April 23rd through September
30th, the trip limit for a commercial fisher using
nets shall be 600 pounds.
a. Should DMF
determine that 75% of the annual quota is taken on or before August
1st, then the trip limit for a commercial fisher
using nets shall be reduced to 400 pounds.
b. If on September
1st, DMF determines that less than 80% of the annual
quota is taken, then the trip limit for a commercial fisher using nets shall be
increased to 800 pounds.
2.
Commercial Fishing with Hook
and Line Gear. From April 23rd through
September 30th, the trip limit for a commercial
fisher using hook and line gear shall be 400 pounds.
a. Should DMF determine that 75% of the
annual quota is taken on or before August 1st, then
the trip limit for a commercial fisher using nets shall be reduced to 200
pounds.
b. If on September
1st, DMF determines that less than 80% of the annual
quota is taken, then the trip limit for a commercial fisher using nets shall be
increased to 800 pounds.
3.
All Gear from October
1st through December
31st. Provided DMF determines more than
10% of the quota remains available on October 1st,
from October 1st through December
31st, the trip limit for any commercial fisher,
regardless of gear type used, shall be 5,000 pounds. If DMF determines 10% of
the quota or less remains on October 1st, the trip
limit for any commercial fisher, regardless of gear type used, shall be 800
pounds.
Subject to an annual authorization from the Director, vessels
landing in Massachusetts may possess summer flounder in quantities exceeding
the limits at
322
CMR 6.22(2)(d)4., provided
the non-conforming fish is to be landed in another state, is clearly labeled
identifying the state it is to be landed in, and it remains on the vessel while
the Massachusetts limit is being landed.
4.
Summer Flounder Limits for
Vessels Fishing with Small Mesh Trawls. The trip limit shall be
100 pounds for any commercial fisher fishing with trawl gear and using a net
with net mesh less than 5.5" diamond or 6" square throughout the cod end of the
net.
(e)
Quota Closure. It shall be unlawful for any commercial
fisher to retain, possess, land, sell, barter, or exchange or offer for sale,
barter, or exchange any summer flounder once the Director has determined that
100% of the commercial summer flounder quota has been reached. The quota
closure will be enacted and announced in accordance with the procedure set
forth at
322
CMR 6.41(2)(c).
(f)
Offloading
Prohibition. It is unlawful for commercial fisher to offload or
attempt to offload summer flounder from 10:00 P.M. through 6:00 A.M.
(g)
Inspection.
Commercial fishers shall keep all summer flounder separate from the rest of the
vessel's catch and readily available for immediate inspection by the Office of
Law Enforcement.
(h)
Requirements for Dealers. All dealers authorized as
primary buyers permitted in accordance with M.G.L. c. 130,
322
CMR 7.01(3): Dealer
Permits and
322
CMR 7.07: Dealers Acting as Primary
Buyers shall obtain a federal dealer permit from the National Marine
Fisheries Service to purchase summer flounder directly from commercial fishers
during the Period I commercial summer flounder fishery.
(3)
Permitting
Requirements. A regulated fishery permit endorsement, issued by
the Director pursuant to
322
CMR 7.01(4)(a):
Regulated Fishery Permit Endorsement, is required to retain,
possess, land, sell, barter, or exchange or offer for sale, barter, or exchange
any summer flounder in accordance with summer flounder commercial fishery
regulations at
322
CMR 6.22(2).
(4)
Recreational Fishery Season
and Limits.
(a)
Minimum Size. It shall be unlawful for any
recreational fisher to retain, possess, or land a summer flounder measuring
less than:
1. 17.5 inches total length when
fishing from a vessel.
2. 16.5
inches total length when fishing from shore.
(b)
Open Season.
During the period of May 24th through September
23rd, it shall be unlawful for any recreational
fisher to retain, possess, or land more than five summer flounder per
day.
(c)
Closed
Season. From September 24th through May
23rd, it shall be unlawful for any fisher to retain,
possess, or land any summer flounder.
