(1)
Definitions. For the purposes of
322
CMR 6.44, the following terms shall have the
following meanings:
Atlantic Mackerel means that species
known as Scomber scombrus.
Commercial Fisher means any person who
retains, possess, or lands Atlantic mackerel for the purpose of sale, barter,
or exchange or keeps for personal or family use Atlantic mackerel taken under
the authority of a commercial fishing permit and regulated fishery permit for
Atlantic mackerel issued in accordance with M.G.L. c. 130, § 80 and
322
CMR 7.01: Form, Use and Contents of
Permits.
Director means the Director of the
Division of Marine Fisheries
Division means the Division of Marine
Fisheries
Quota means the annual coastwide
commercial quota for Atlantic mackerel set by the Mid-Atlantic Fishery
Management Council and monitored by NOAA Fisheries.
Recreational Fisher means any person
who harvests or attempts to harvest fish for personal or family use, sport or
pleasure, and which are not sold, bartered, or exchanged.
Recreational Fishing means the
non-commercial harvest or attempted harvest of fish for personal or family use,
sport or pleasure, and which are not sold, traded, or bartered.
(2)
Recreational
Fishing Limit. It shall be unlawful for any recreational fisher to
harvest more than 20 Atlantic mackerel per calendar day or to possess more than
20 Atlantic mackerel while recreationally fishing.
(3)
Commercial
Fishing.
(a)
Permit
Requirement. To retain, possess, or land Atlantic mackerel in
excess of the recreational fishing limit set forth at
322
CMR 6.44(2), a person shall
obtain a commercial fishing permit and regulated fishery permit endorsement for
Atlantic mackerel.
(b) Commercial
fishers may retain, possess, and land Atlantic mackerel for use as bait in
other commercial fisheries in quantities that exceed the recreational fishing
limit set forth at
322
CMR 6.44(2).
(c) If a commercial fisher is recreationally
fishing from shore, a private vessel, or charter vessel, it shall be unlawful
to retain, possess, or land Atlantic mackerel in quantities exceeding the
recreational fishing limit set forth at
322
CMR 6.44(2).
(d)
State Waters Trip
Limit. Within the waters under the jurisdiction of the
Commonwealth, it shall be unlawful for any commercial fisher to retain,
possess, or land more than 5,000 pounds of Atlantic mackerel during any trip or
calendar day, whichever period of time is longer. Once NOAA Fisheries
determines 80% of the quota has been taken, it shall be unlawful for any
commercial fisher fishing in the waters under the jurisdiction of the
Commonwealth to retain, possess, or land more than 2,500 pounds of Atlantic
mackerel.
1.
Exemptions to State
Waters Trip Limit.
a.
Federal Permit Holders. Vessels permitted by NOAA
Fisheries to commercially harvest and land Atlantic mackerel may possess and
land more than the state waters trip limit in Massachusetts provided the fish
was lawfully caught outside of the waters under the jurisdiction of the
Commonwealth; the vessel transits directly through the waters under the
jurisdiction of the Commonwealth for the purposes of landing Atlantic mackerel;
the vessel's gear is out of the water and stowed properly onboard while within
the waters under the jurisdiction of the Commonwealth; and the vessel makes no
stops upon entering the waters under the jurisdiction of the Commonwealth prior
to landing unless so directed by law enforcement or authorized in writing by
the Division.
b.
Fish
Wiers. Commercial fishers permitted in accordance with
322
CMR 7.01: Form, Use and Contents of
Permit and M.G.L. c. 130, § 29 to operate a fish weir are exempt
from this trip limit when retaining, possessing, or landing Atlantic mackerel
caught in their permitted fish weirs.
