Code of Massachusetts Regulations
322 CMR - Division of Marine Fisheries
Title 322 CMR 6.00 - Regulation of Catches
Section 6.43 - Atlantic Menhaden Management
Current through Register 1531, September 27, 2024
(1) Purpose. The purpose of 322 CMR 6.43 is to comply with the Atlantic States Marine Fisheries Commission's Interstate Fishery Management Plan for Atlantic Menhaden to manage the Atlantic menhaden fishery in a manner that is biologically, economically, socially and ecologically sound, while protecting the resource and those who benefit from it.
(2) Definitions.
Atlantic Menhaden means that species known as Brevoortia tyrannus or commonly referred to as pogy or bunker.
Bait Dealer means any person issued a bait dealer permit in accordance with 322 CMR 7.01(3)(g): Bait Dealer.
Barrel means a standard cylindrical container with a liquid capacity of 55 gallons or a volume of 7.35 cubic feet.
Carrier Vessel means a support vessel that is not equipped to catch Atlantic menhaden and is used or intended to be used to receive Atlantic menhaden caught by another vessel and transports that Atlantic menhaden to port for landing.
Commercial Fisher means any person permitted in accordance with M.G.L. c. 130, § 80 and 322 CMR 7.01(2) to retain, possess, and land Atlantic menhaden for purpose of sale, barter, or exchange or who keeps for personal or family use any Atlantic menhaden taken under the authority of said permit.
Declare means to file an advisory notification with the Massachusetts Register and publish it via the Marine Fisheries electronic mailing list and website.
Director means the Director of the Division of Marine Fisheries.
Division means the Division of Marine Fisheries.
Episodic Events Set Aside means the 1% of the total allowable catch of Atlantic menhaden that is set aside for use by the states of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut and New York when certain conditions exist as established in the Interstate Fishery Management Plan.
Fish Tote means a standard rectangular container measuring 28 inches by 16 inches by 11 inches.
Land means to transfer or attempt to transfer the catch of Atlantic menhaden onto any land, pier, wharf, dock or other artificial structure, or for a fishing vessel with any Atlantic menhaden onboard to tie up to any dock, pier or other artificial structure.
Non-Directed Gear means pound nets, anchored or stake gillnets, trammel nets, drift gillnets, trawls, fishing weirs, fyke nets, and floating fish traps.
Purse Seine means any vertical wall of netting with floats on the top and weights at the bottom that is deployed to surround a school of fish and encloses fish in the netting by drawing together and tightening the bottom of the net.
Quota means the Commonwealth of Massachusetts annual commercial Atlantic menhaden quota adopted by the Atlantic States Marine Fisheries Commission and amended by required paybacks and authorized quota transfers and rollovers.
Small-Scale Directed Gear means cast nets, traps (excluding floating fish traps), pots, haul seines, hook and line, bag nets, hoop nets, hand lines, and bait nets.
Trip means the time period that begins when a vessel departs from any land, pier, wharf, dock or other artificial structure to carry out commercial fishing operations, including the at-sea transfer and transport of fish, and that ends with a return to any land, pier, wharf, dock or other artificial structure.
Trip Limit means the maximum lawful amount of Atlantic menhaden that a commercial fisher may retain, possess, or land within the waters under the jurisdiction of the Commonwealth or sell, barter or exchange or offer for sale barter or exchange. Trip limits apply per trip or calendar day, whichever period of time is longer and are applied to the vessel named on the commercial fishing permit regardless of the number of commercial fishing permits or letters of authorization carried on board the vessel.
(3) Regulated Fishery Permit Endorsement Requirement. It shall be unlawful for any commercial fisher or vessel to retain, possess, or land Atlantic menhaden in excess of 6,000 pounds per trip or per calendar day, whichever period is longer, without a regulated commercial fishery permit endorsement for Atlantic menhaden issued by the Director, in accordance with 322 CMR 7.01(4)(a): Regulated Fishery Permit Endorsement and managed pursuant to 322 CMR 7.06: Limited Entry Permits.
(4) Commercial Fishing during Quota Managed Period.
Exception. For Atlantic menhaden caught in a permitted fish weir by commercial fishers who have been issued a regulated fishery permit endorsements for Atlantic menhaden, the trip limit shall be 120,000 pounds.
(5) Post Quota Incidental Catch and Small-Scale Fishery. Once the Director determines 100% of the annual commercial Atlantic menhaden quota has been landed and the commercial quota managed fishery is closed, commercial fishing for Atlantic menhaden may continue to occur as part of the incidental catch and small-scale fishery. During the incidental catch and small-scale fishery the following apply:
(6) Episodic Event Set Aside Fishery.
(7) Catch Reporting.