Current through Register 1531, September 27, 2024
(1)
Definitions. For
the purpose of
322
CMR 6.41, the following terms and words shall
have the following meanings:
At-sea Processing means to receive or
transfer, fillet or shuck, and freeze any finfish or shellfish within the
waters under the jurisdiction of the Commonwealth, including on any vessels
that are moored, tied to other vessels or docked at a pier or other artificial
structure.
Domicile means a place of permanent
residence.
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.
Patron shall mean any person(s) who
have paid a fare or brokered an agreement to conduct recreational angling
onboard a vessel and is not a paid employee of the captain or vessel
owner.
Personal Use means for personal or
familial consumption and not for sale, barter or exchange.
Quota Managed Species means any
species for which the Division of Marine Fisheries manages commercial fisheries
by an annual quota that corresponds to Massachusetts annual share quota for
that species as established by federal or interstate fishery management plans.
Examples of quota managed species include, but are not limited to, striped
bass, bluefish, black sea bass, scup, fluke, menhaden and horseshoe
crabs.
Temporary Residence means any place
where an individual may reside on a temporary basis including, but not limited
to, hotels, motels, campgrounds, and rental properties.
(2)
Commercial
Fishing.
(a)
Possession of Fish Parts by Commercial Fishermen. When
commercial fishermen, permitted pursuant to
322
CMR 7.01(2):
Commercial Fisherman Permits, are authorized at 322 CMR to
fillet or mutilate fish at sea for personal use, those fillets and parts of
fish will be multiplied by three to determine compliance with species specific
commercial possession limits at 322 CMR.
322
CMR 6.41(2) shall not apply
to whole-gutted or gilled fish, cod parts regulated at
322
CMR 6.03(3)(b) and
322
CMR 6.03(6) and monkfish
parts regulated at
322
CMR 6.03(10). Commercial
fishermen may keep for personal use up to 25 pounds of fillets per person
onboard the vessel, except for striped bass, which may not be
mutilated.
(b)
Trip
Limits for All Quota Managed Species. Except as otherwise
specifically provided for in any provision of 322 CMR, all possession limits
shall be applied to the vessel per calendar day, regardless of the number of
commercial fishing permits or letters of authorization carried onboard the
vessel.
Exception: Possession limits for quota
managed species do not apply to transport vessels which are transporting said
species for authorized primary buyers under a letter of authorization issued by
the Director.
(c)
Procedure to Close Quota and Quota Managed Fisheries.
To prevent an overage of the annual Massachusetts quota or a period or seasonal
quota allocation, when the Director projects that 100% of an annual
Massachusetts quota or a period or seasonal allocation will be landed, based
upon data compiled by the Division, the Director shall issue a Declaration of
Closure to close the fishery. This Declaration of Closure shall set forth the
closure date for the quota managed fishery. A written copy of the Declaration
of Closure shall be:
1. Filed with the
Secretary of the Commonwealth, for publication in the Massachusetts
Register;
2. distributed
via the Division's e-mail list-serve;
3. a posted written Declaration of Closure on
the Division's Legal Notice webpage; and
4. distributed by fax or e-mail to all
primary buyers of the quota managed species, permitted in accordance with
322
CMR 7.01(3): Dealer
Permits and
322
CMR 7.07: Dealers Acting as Primary
Buyers.
(d)
Commercial Fishery Limit Adjustments for Quota Managed
Species.
1. The Director may, by
declaration, adjust the manner and times of taking fish, legal size limits, as
well as the quantities of fish to be taken to prevent overages of the annual
Massachusetts quota or a period or seasonal allocation, to increase landings to
ensure available quota is taken, and to address issues resulting from limits
implemented by other states.
2.
Declaration Process.
a. Adjustment has been approved by a majority
of the Massachusetts Marine Fisheries Advisory Commission;
b. A Notice of Declaration is filed with the
Massachusetts Register, published in at least one newspaper,
emailed via the Division's email listserve and Declaration is
posted on the Division's legal notice website; and
c. A two-week comment period is conducted.
This comment period may be ongoing when a Declaration is issued. The Director
may adjust the Declaration, subject to the Declaration Process, based on
comment received during this comment period.
(e)
Initial Sale of Fish by a
Commercial Fisherman. Except as authorized by a retail boat permit
or a bait dealer permit issued in accordance with M.G.L. c. 130, §§ 2
and 80, and
322
CMR 7.01(3): Dealer
Permits the initial sale of fish by any commercial fisherman shall be
to a seafood dealer, acting as the primary buyer, who is permitted and
authorized in accordance with M.G.L. c. 130, §§ 2 and 80, and
322
CMR 7.01(3): Dealer
Permits and
322
CMR 7.07: Dealers Acting as Primary
Buyers.
(f)
Prohibition on the At-sea Transfer of Fish. It shall
be unlawful for any commercial fisherman permitted in accordance with M.G.L. c.
130, §§ 2 and 80, and
322
CMR 7.01(2):
Commercial Fisherman Permits, to transfer fish at-sea that are
regulated by trip limits at
322 CMR
6.00 between vessels while at sea in the waters under
the jurisdiction of the Commonwealth.
322
CMR 6.41(2)(f) shall not
apply to any lawfully conducted harvest of bait fish that is transferred at sea
under the authority of a Bait Dealer Permit issued in accordance with M.G.L. c.
130, §§ 2 and 80, and
322
CMR 7.01(3): Dealer
Permits.
(3)
Recreational Fishing.
(a)
Filleting Catch.
1.
Black Sea Bass and
Scup. Recreational fishermen may fillet black sea bass and scup,
provided the recreational fisherman complies with the following conditions to
determine compliance with the daily recreational bag limits:
a. it shall be unlawful to possess a fillet
that does not have all the skin affixed until the recreational fisherman
reaches their domicile or temporary residence; and
b. it shall be unlawful to possess more than
two times the number of fillets than the recreational bag limits for black sea
bass and scup specified at
322
CMR 6.28.
2.
Groundfish
Species. Recreational fishermen may fillet any groundfish species,
managed under the authority of
322
CMR 6.03, provided the recreational fisherman
complies with the following conditions to determine compliance with the daily
recreational bag limits:
a. it shall be
unlawful to possess a fillet that does not have at least two inches of skin
affixed to the fillet until the recreational fisherman reaches their domicile
or temporary residence; and
b. it
shall be unlawful for any person or vessel to posses more than two times the
number of fillets than the species specific possession limits at
322
CMR 6.03.
(b)
Comingling of Recreational
Catch. In instances where recreational fishermen have comingled
their catch, the comingled catch will be divided by the number of anglers
onboard the vessel to determine compliance with per angler or per vessel bag
limits and fillet limits.
(c)
Liability for Violations Onboard For-hire Recreational
Vessels. With respect to recreational for-hire fishing operations
permitted in accordance with
322
CMR 7.10(5): Permit
Requirements Applicable to For-hire Vessels, an individual patron, as
well as the named for-hire permit holder or for-hire vessel operator, may each
be held liable for any violations of recreational size, possession or daily bag
limits established at 322 CMR that are attributable to the patron fishing
onboard the for-hire recreational fishing vessel.
(4)
Rules regarding the Combining
of Commercial and Recreational Fishing Activity.
(a) It shall be unlawful for any persons to
engage in recreational fishing during the same trip when fishing is occurring
under the authority of a commercial fishing permit, issued in accordance with
322
CMR 7.01(2):
Commercial Fisherman Permits. If an individual is in
possession of fish taken under the authority of a commercial fisherman permit,
then all fish in their possession or onboard the vessel must conform with the
species specific commercial fishing seasons, size limits and bag limits
established at
322 CMR
6.00.
(b)
If a commercial fisherman permit is issued to a person, or a person onboard the
vessel, or for use onboard the vessel and any such person possesses fish in a
quantity that exceeds the recreational fishing limits set forth at
322 CMR
6.00, then it shall be prima facie
evidence of a violation of
322
CMR 6.41(4)(a).
(c) All fishing conducted under a
recreational for-hire fishing permit issued in accordance with
322
CMR 7.10: Recreational Saltwater
Fishing Permits, shall adhere to the recreational fishing limits set
forth at
322 CMR
6.00. It shall be unlawful to fish under the authority
of a commercial fisherman permit issued in accordance with
322
CMR 7.01(2)
Commercial Fisherman Permits and the applicable regulated
commercial fishery regulations at
322 CMR
6.00 while onboard a for-hire vessel taking patrons
recreationally fishing.
(d)
Exemption for Atlantic Bluefin Tuna and Swordfish Caught during
Recreational Trip. A person or for-hire vessel may retain, possess
and sell Atlantic bluefin tuna or swordfish taken by rod and reel gear during
the same trip when recreational fishing is occurring.
