Code of Massachusetts Regulations
322 CMR - Division of Marine Fisheries
Title 322 CMR 6.00 - Regulation of Catches
Section 6.40 - Tautog Fishery Limits
Current through Register 1531, September 27, 2024
(1) Purpose and Scope. Tautog may be found in the waters off of Nova Scotia to Georgia, with a majority of U.S. landings occurring in state-waters between Cape Cod and Chesapeake Bay. Tautog are targeted by both commercial and recreational fishers along the coast. The tautog resource is managed under the Atlantic States Marine Fisheries Commission's Interstate Fishery Management Plan (FMP) for Tautog. Amendment 1 to the FMP delineates the stock into four regional management units based on biology, fishery characteristics, and limited coast-wide movement. Massachusetts is in a regional management unit with the state of Rhode Island. States within a regional management unit work together to implement similar management measures across jurisdictions. Amendment 1 also mandates that all coastal states implement a commercial fisher tautog tagging program in an effort to address illegal harvest and sale of tautog.
(2) Definitions.
Commercial Fisher means any person who catches, retains, possesses or lands tautog for the purpose of sale, barter or exchange or keeps for personal or family use any tautog taken under the authority of a commercial fishing permit and regulated tautog fishery permit endorsement issued in accordance with M.G.L. c. 130, § 80, and 322 CMR 7.01: Form, Use and Contents of Permits.
Dealer means any person permitted in accordance with M.G.L. c. 130, § 80, and 322 CMR 7.01(3): Coastal Lobster Permit and Trap Allocation Transfer Programs to process, distribute, sell or resell fish.
Closed Commercial Season means that period when commercial fishing is prohibited, including that period between January 1st and August 31st and after the quota closure through December 31st.
Director means the Director of the Division of Marine Fisheries.
Division means the Division of Marine Fisheries.
High Grade means the discarding of a legal-sized fish previously captured and retained in favor of larger legal-sized fish.
Open Commercial Season means that period when commercial fishing is allowed that begins on September 1st and ends on December 31st or when the Director projects 100% of the quota is taken and the fishery is closed through Declaration of Closure issued in accordance with 322 CMR 6.41(2), whichever occurs first.
Primary Purchase means the first commercial transaction by sale, barter or exchange of any tautog after it is harvested.
Quota means the Commonwealth's annual total allowable commercial landings of tautog authorized by the Atlantic States Marine Fisheries Commission.
Recreational Fisher means any person authorized pursuant to M.G.L. c. 130, § 17C and 322 CMR 7.10: Recreational Saltwater Fishing Permits to take or attempt to take finfish for personal or family use, sport or pleasure and which are not sold, traded or bartered.
Tautog means that species of fish known as Tautoga onitis.
Tautog ID Tags means the lockable, single-use, tamper evident, and nontransferable metal tags to be affixed to the operculum of tautog retained by commercial fishers. Tautog ID tags are labeled with the year, state code, and a unique identification number traceable to the commercial tautog regulated fishery permit endorsement holder to whom they were issued.
(3) Minimum Size. It shall be unlawful for any person to possess a tautog that measures less than 16 inches in total length for longer than is necessary for immediate measurement and return to the sea.
(4) Recreational Fishery Limits. The following seasons and following recreational fishing possession limits apply:
(5) Commercial Fishery Limits.
(6) Commercial Tautog Tagging Program.
Exception. Commercial fishers may fish recreationally for tautog during the open commercial season. Any tautog retained as recreational catch must comply with the recreational fishery limits at 322 CMR 6.40(4) and all recreational catch of other species shall comply with the applicable recreational fishing regulations at 322 CMR 6.00 and 322 CMR 7.10: Recreational Saltwater Fishing Permits. It shall be unlawful for a commercial fisher to car, offer for sale, sell or exchange any tautog retained while recreationally fishing.