(1)
Definitions.
Black Sea Bass means that species of
fish known as Centropristis striata.
Black Sea Bass 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 21/2 inches diameter, two inches
square or 13/8 inches by
53/4 inches, and is set on the bottom of the ocean and designed to capture
black sea bass.
Black Sea Bass Pot Regulated Fishery
Endorsement means those limited entry regulated fishery permit
endorsements, issued and managed pursuant to M.G.L. c. 130, §§ 2 and
80, and
322
CMR 7.01(4)(a):
Regulated Fishery Permit Endorsement and
322
CMR 7.06: Transfer of Limited Entry
Permits, that authorize a named individual to use black sea bass pots
for the taking of black sea bass for commercial purposes.
Black Sea Bass Regulated Fishery
Endorsement means those limited entry regulated fishery permit
endorsements, issued and managed pursuant to M.G.L. c. 130, §§ 2 and
80, and
322
CMR 7.01(4)(a):
Regulated Fishery Permit Endorsement and
322
CMR 7.06: Transfer of Limited Entry
Permits, that authorize a named individual to harvest, possess and
land black sea bass for commercial purposes.
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 Black Sea Bass Quota means
the allowable annual Massachusetts commercial harvest of black sea bass
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.
Mobile Gear means any moveable or
encircling fishing gear or nets which are towed, hauled, or dragged through the
water for the harvest of fish including, but not limited to, pair trawls, otter
trawls, beam trawls, mid-water trawls, Scottish seines, Danish seines, pair
seines, purse seines or shellfish dredges.
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.
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.
Trawl means any mobile fishing gear or
nets which are towed, hauled, or dragged through the water for the harvest of
fish including, but not limited to, otter trawls, beam trawls, and pair
trawls.
(2)
Commercial Fishery Management.
(a)
Permit
Requirements. A regulated fishery black sea bass permit
endorsement or black sea bass pot permit endorsement, issued by the Director
pursuant to
322
CMR 7.01(4)(a):
Regulated Fishery Permit Endorsement, is required to sell,
barter, or exchange black sea bass or to fish for, retain, possess or land
black sea bass in accordance with the black sea bass commercial fishery
regulations at
322
CMR 6.28(2).
(b)
Minimum Size. It
is unlawful for any commercial fisherman or dealer to possess black sea bass
less than 12 inches in total length, not including the tail tendril.
(c)
Possession and Landing
Limits. It shall be unlawful for any commercial fisherman to
retain, possess, land or sell, barter, or exchange black sea bass, except as
authorized at
322
CMR 6.28(2)(c)1. through 5.:
1.
Winter Catch
Allowance. From January 1st through
March 31st, it shall be unlawful for a commercial
fisherman to possess or land more than 100 pounds of black sea bass.
2.
Weirs. From April
1st through December
31st, commercial fisherman 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 black sea bass caught in fish weirs. The weir fishery shall close when
all permitted weir fishermen have combined to land 24,000 pounds of black sea
bass or the commercial black sea bass quota is taken and the fishery is closed
in accordance with
322
CMR 6.28(2)(c)6.
3.
Black Sea Bass Bycatch
Allowance for Trawlers. Beginning on April
23rd commercial fishermen using trawl gear may
retain, possess, or land up to 100 pounds of black sea bass during any calendar
day or trip, whichever period of time is longer.
4.
Summertime Black Sea Bass Pot
Fishery.
a. Beginning on July
1st, it shall be unlawful for commercial fishermen
permitted to fish black sea bass pots to retain, posses, and land more than 500
pounds of black sea bass taken by black sea bass pots during any calendar day
or trip, whichever period of time is longer.
b. Provided DMF projects more than 15% of the
quota remains available on September 15th, during
the period of September 15th through December
31st, it shall be unlawful for commercial fishermen
to permitted to fish black sea bass pots to retain, possess, or land more than
600 pounds of black sea bass taken by black sea bass pot during any calendar
day or trip, whichever period of time is longer. If DMF projects 15% of the
quota or less remains on September 15th, the limits
provided at
322
CMR 6.28(2)(c)4.a. shall
apply.
c. During the period of July
1 through September 14, it shall be unlawful tor commercial fishermen using
black sea bass pots to retain, possess, or land black sea bass on Fridays and
Saturdays.
d. Beginning on
September 15th, commercial fishermen using black sea
bass pots may retain, possess, and land black sea bass seven days per
week.
5.
Other Gear Types.
a.
Beginning on July 1st, it shall be unlawful for
commercial fishermen using all other authorized gear types, including but not
limited to hook and line, to retain, possess, and land more than 250 pounds of
black sea bass caught during any calendar day or trip, whichever period of time
is longer.
b. Provided DMF projects
more than 15% of the quota remains on September
15th, during the period of September
15th through December
31st, it shall be unlawful for commercial fishermen
using all other authorized gear types, including but not limited to hook and
line, to retain, possess, or land more than 300 pounds of black sea bass caught
during any calendar day or trip, whichever period of time is longer. If DMF
projects 15% of the quota or less remains on September
15th, the limits provided at
322
CMR 6.28(2)(c)5.a. shall
apply.
c. During the period of July
1st through September
14th, it shall be unlawful for commercial fishermen
using all other authorized gear types, including but not limited to hook and
line, to retain, possess, or land black sea bass on Fridays and Saturdays.
d. Beginning September
15th, commercial fishermen using all other
authorized gear types, including but not limited to hook and line, may retain,
possess, and land black sea bass seven days per week.
e. The regulations set for that
322
CMR 6.28(2)(c)5. shall not
apply to commercial fishermen fishing with weirs, trawls, and black sea bass
pots regulated pursuant to
322
CMR 6.28(2)(c)2. through
4.
6.
Quota
Closure. It shall be unlawful for commercial fishermen to possess
or land black sea bass once the Director has determined that 100% of the annual
commercial black sea bass 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).
(3)
Recreational Fishery Regulations.
(a)
Minimum Size. It
shall be unlawful for any recreational fisher to retain, possess, or land black
sea bass measuring less than 16.5 inches in total length not including the tail
tendril.
(b)
Open
Season. During the period of May 18th
through September 3rd, it shall be unlawful for any
recreational fisher to retain, possess, or land more than four black sea bass
per day.
(c)
Closed
Season. During the period of September
4th through May 17th, it
shall be unlawful for any recreational fisher to retain, possess, or land any
black sea bass.
