Code of Massachusetts Regulations
322 CMR - Division of Marine Fisheries
Title 322 CMR 6.00 - Regulation of Catches
Section 6.31 - Trap Tags
Universal Citation: 322 MA Code of Regs 322.6
Current through Register 1531, September 27, 2024
(1) Lobster Traps.
(a) It
shall be unlawful for any commercial fisherman licensed by the Commonwealth to
fish lobster traps:
1. In any waters under the
jurisdiction of the Commonwealth without a valid state waters lobster trap tag
permanently attached to the trap bridge or central cross-member.
2. In the EEZ portions of Lobster
Conservation Management Areas 1, 2 and Outer Cape Cod as designated by the
Atlantic States Marine Fisheries Commission Lobster Management Plan without a
valid state waters trap tag or a DMF - issued EEZ lobster trap tag permanently
attached to the trap bridge or central cross-member.
(b) If the limit established by the ASMFC
Plan in any of the management areas exceeds the limit established by
322
CMR 6.13, additional EEZ tags may be
purchased by federal permit holders to reach the overall limit established by
the plan for each area.
(c)
Fishermen licensed to fish in Lobster Conservation Management Area 3 shall be
subject to trap limits and tagging requirements established by the ASMFC
Plan.
(d) Official commercial
lobster trap tags shall be purchased by permit holders directly from a
manufacturer selected by the Division according to established competitive
bidding procedures. New tags for the following year will be available after
December 1st. Any traps being fished on or after May
1st must have a current year trap tag installed in
the trap.
1. March
16th of the following year for traps fished in the
Outer Cape Cod Lobster Conservation Management Area; and
2. June 1st of the
following year for traps fished in Lobster Conservation Management Areas 1, 2
and 3.
(e) In any year,
the maximum number of state lobster trap tags authorized for direct purchase by
each permit holder shall be the trap limit set by
322
CMR 6.13 plus an additional 10% to cover trap
loss. Permit holders may purchase as many tags as needed up to the maximum.
Under no circumstance shall the number of traps fished at any time exceed the
established trap limit.
(2) Fish and Conch Pots.
(a) It shall be unlawful to
set or fish any scup pot, as defined at
322 CMR
6.12(1), in the waters under
the jurisdiction of the Commonwealth without an official state scup pot trap
tag permanently attached to the bridge or central cross-member of the
trap.
(b) It shall be unlawful to
set or fish any black sea bass pot, as described at
322 CMR
6.12(1), in the waters under
the jurisdiction of the Commonwealth without an official state black sea bass
pot trap tag permanently attached to the bridge or central cross-member of the
trap.
(c) It shall be unlawful to
set or fish any conch pot, as defined at
322 CMR
6.12(1), in the waters under
the jurisdiction of the Commonwealth without an official state conch pot trap
tag permanently attached to the bridge or central cross-member of the
trap.
(d) Official fish pot and
conch pot tags shall be purchased directly from a manufacturer selected by the
Division according to competitive bidding procedures. All fish pot and conch
pot trap tags shall expire on December 31st for the
year of issuance. New tags for the following year will be available after
December 1st and must be purchased and affixed to
the gear, in accordance with 322 CMR 6.31(2)(a), prior to setting that
year.
(e) In any year the maximum
number of state fish pot tags authorized for direct purchase by each permit
holder shall be the trap limit established by
322 CMR
6.12 plus 10% to cover trap loss. Permit
holders may purchase as many tags as needed up to the maximum for the
authorized species plus 10%. Under no circumstances shall the number of traps
fished at any time exceed the established trap limit.
(f) In any year the maximum number of state
conch pot trap tags authorized for direct purchase by each permit holder shall
be the trap limit established by
322 CMR
6.12 plus 20% to cover trap loss. Permit
holders may purchase as many tags as needed up to the maximum for the
authorized species plus 20%. Under no circumstances shall the number of traps
fished at any time exceed the established trap limit.
(3) Replacement.
(a) In the event of trap or tag losses over
and above the maximum limit established by 322 CMR 6.31(1)(h), replacement tags
shall be issued to the permit holder by the Division according to the following
procedure:
1. Gear loss shall be reported to
the Division and the Division of Environmental Law Enforcement on an official
form, signed by the permit holder under the pains and penalties of
perjury;
2. The form shall be
reviewed by both Divisions and a decision reached on the number of replacement
tags to be issued, if any;
3. If a
decision cannot be reached, a hearing will be scheduled in a Division office to
examine evidence and reach a conclusion on the validity of the claim.
(4) Prohibitions.
(a) It
shall be unlawful for any person to set or fish a lobster, fish or conch trap
in waters under the jurisdiction of the Commonwealth or the EEZ portions of
Lobster Conservation Management Areas 1, 2 and Outer Cape Cod or have a lobster
trap in possession or under control while on said waters unless said trap is
tagged with an official Massachusetts trap tag in accordance with 322 CMR
6.31(1) and (2) that was issued to that person valid for the current
year.
(b) It shall be a violation
of
322 CMR
6.00 to file a false claim of trap or tag loss for
purposes of obtaining additional tags.
(c) It shall be a violation of
322 CMR
6.00 to alter or deface a tag, or tamper with the
tag(s) of another permit holder.
(d)
Administrative
Penalty. A person found guilty of violating 322 CMR 6.31 by a
court of law or pursuant to an adjudicatory proceeding shall have his or her
permit suspended and shall be required to remove all gear from waters under the
jurisdiction of the Commonwealth for a specified period of
time.
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