(1)
Definitions.
Commercial Fishermen means any person
fishing under the authority of a permit issued in accordance
322
CMR 7.01(2):
Commercial Fisherman Permits for the purposes of sale, barter,
or exchange, or to keep for personal use or family use any fish or shellfish
caught under the authority of the commercial fisherman permit.
Commercial Scup Quota means the
allowable annual Massachusetts commercial harvest of scup pursuant to the ASMFC
Interstate Scup, Black Sea Bass and Summer Flounder Management Plan.
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.
Recreational Fishermen means any
person who harvesters or attempts to harvest fish for personal or family use,
sport or pleasure, and which are not sold, bartered or exchanged.
Scup means that species of fish known
as Stenotomus chrysops.
Scup Pot means any pot or trap that
has six sides and at least two unobstructed escape vents or openings in the
parlor section that are at least
31/10 inches in diameter or
21/4 inches square, and is set on the bottom of the ocean and designed to
capture scup.
Total Length means the greatest
straight line length, in inches, 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 a forked tail, the upper and lower fork may be squeezed
together to measure the tail extremity.
(2)
Commercial Fishery
Management.
(a)
Permit 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 sell
scup, or to fish for, retain, possess or land scup in accordance with scup
commercial fishery regulations at
322
CMR 6.27(2).
(b)
Minimum Size. It
is unlawful for any commercial fisherman or dealer to possess scup less than
nine inches in total length.
(c)
Winter I and Winter II Fishery. During the Winter I
period of January 1st through April
30th and the Winter II period of October
1st through December
31st, it shall be unlawful for any vessel fishing
within the waters under the jurisdiction of the Commonwealth to possess,
retain, or land more than 2,000 pounds of scup per trip, or per calendar day.
Vessels with federal permits allowing the taking of scup from federal waters,
may exceed this state limit, provided:
1. the
scup were lawfully taken while fishing in federal waters;
2. the vessel is transiting through the
waters under the jurisdiction of the Commonwealth and makes no stops, except to
land fish in a Massachusetts port, unless otherwise directed to do so by
authorized law enforcement personnel, without limitation the Office of Law
Enforcement and the United States Coast Guard;
3. all fishing gear is out of the water and
properly stowed onboard the vessel; and
4. the vessel, crew, gear, and catch are
otherwise in compliance with all applicable federal regulations
(d)
Summertime
Fishery. The summertime fishery occurs during the period of May
1st through September
30th and is subject to the commercial scup quota.
The commercial scup quota is managed through gear type specific trip limits,
seasons and fishing days.
1.
Weirs. During this period commercial fishermen,
permitted in accordance with
322
CMR 7.01(4)(a):
Regulated Fishery Permit Endorsement to operate a fish weir,
shall not be subject to daily possession limits or closed commercial fishing
days for scup caught in fish weirs. The weir fishery shall close when the
aggregate landings among all permitted weir fishermen reach 300,000 pounds of
scup.
2.
Trawlers. During this period, commercial fishermen,
permitted in accordance with
322
CMR 7.01(4)(a):
Regulated Fishery Permit Endorsement to fish for scup with
trawl gear may fish for, possess and land scup seven days per week. Trawlers
shall not land more than 10,000 pounds of scup per calendar week or possess
more than 10,000 pounds of scup at any one time. The calendar week shall begin
on Sunday at 12:01 A.M. and end on the following Saturday at 11:59
P.M.
3.
All Other Gear
Types. Commercial fishermen, permitted in accordance with
322
CMR 7.01(4)(a):
Regulated Fishery Permit Endorsement to fish for scup with any
other gear type including, but not limited to, hook and line and scup pots, are
subject to the following seasonal limits:
a.
May 1st through May
31st. During this period, these
commercial fishermen may fish for, possess and land scup Sundays through
Thursdays and shall not possess or land more than 800 pounds of scup per
calendar day or per fishing trip, whichever period is longer. The possession
and landing of scup is prohibited on Fridays and Saturdays.
b.
June
1st through June
30th. During this period, these
commercial fishermen may fish for, possess and land scup on Sundays, Tuesdays
and Wednesdays and shall not possess or land more than 400 pounds of scup per
calendar day or per fishing trip. The possession and landing of scup is
prohibited on Mondays, Thursdays, Fridays and Saturdays.
c.
July
1st through September
30th. During this period, these
commercial fishermen may fish for, possess and land scup seven days per week
and shall not possess or land more than 1,500 pounds of scup per calendar day
or per fishing trip.
4.
Quota Closure. It shall be unlawful for commercial
fishermen to land or possess scup once the Director has determined that 100% of
the annual commercial scup 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).
(e)
Trip Limit
Restrictions on Trawl Vessels. Notwithstanding the state waters
trawl mesh minimum size restrictions at
322
CMR 4.06: Use of Mobile
Gear, vessels using trawls shall not possess more than 1,000 pounds of
scup from October 1st through April
14th, more than 2,000 pounds of scup from April
15th through June 15th,
nor more than 200 pounds of scup from June 16th
through September 30th, unless fishing with nets
that have a minimum mesh size of five inches diamond applied throughout the cod
end of the net for at least 75 continuous meshes forward of the terminus of the
net and all other nets are stowed and not available for immediate use.
(3)
Recreational Fishery Regulations.
(a)
Minimum Size. It
is unlawful for any recreational fisher to retain, possess, or land a scup
measuring less than:
1. 11 inches in total
length when fishing from a vessel.
2. Nine and one-half inches total length when
fishing from shore.
(b)
Possession and Landing Limits. From May
1st through December
31st, it shall be unlawful for any recreational
fisher to retain, possess or land more than 30 scup per day. If there are six
or more recreational fishers onboard any vessel, the aggregate number of scup
possessed by all recreational fishers onboard the vessel shall not exceed 150
fish.
(c)
Exemptions
for For-hire Vessels. For-hire vessels carrying patrons are
provided the following exemptions to the possession and landing limits set
forth at
322
CMR 6.27(3)(b):
1.
Bonus Season.
During the period of May 1st through June
30th, any recreational fishers fishing as a patron
onboard a for-hire vessel may retain up to 40 scup per day.
2.
Vessel Limit. The
vessel limit of 150 scup per day shall not apply.
(d)
Closed Season.
During the period of January 1st through April
30th, it shall be unlawful for any recreational
fishers to retain, possess, or land any scup.
