Current through Register 1531, September 27, 2024
(1)
Definitions. For purposes of
322
CMR 7.01, unless the context requires
otherwise, the following words shall have the following meanings:
At-sea Processing means to receive or
transfer fish, fillet fish or shuck shellfish and/or freeze fish or shellfish.
At-sea processing does not include the filleting of finfish for personal use as
authorized pursuant to
322
CMR 6.41(2)(a):
Possession of Fish Parts by Commercial Fishers; the
evisceration of finfish, including the removal of codfish gonads and monkfish
livers; the separating of monkfish tails from whole monkfish; and the shucking
of bay scallops and sea scallops under the authority of a regulated fishery
permit endorsement.
Bait means marine organisms including,
but not limited to, fish, shellfish and seaworms exclusively used to attract
and harvest other fish and shellfish.
Commercial Fishing means to take or
harvest any fish or shellfish for purposes of sale, barter or exchange, or to
keep for personal or family use any fish or shellfish taken under the authority
of a commercial permit issued by the Director.
Commercial Purposes means the
possession or attempted possession of any fish or shellfish in connection with
any person, business or other undertaking intended for sale, barter, exchange
or other forms of profit, excluding for-hire recreational fishing businesses
permitted in accordance with
322
CMR 7.10(5).
Director means the Director of the
Division of Marine Fisheries.
Harvest means to catch, dig, take or
attempt to catch, dig or take any fish, shellfish or bait.
Immediate Family means a spouse,
child, step child, adopted child, sibling, step sibling, adopted sibling,
parent, step parent, adopted parent, grandparent, grandchild.
Land or Landing as used in 322 CMR
7.00, and in M.G.L. c. 130, § 80, means to transfer or attempt to transfer
the catch of fish or shellfish from any vessel to any other vessel or onto any
land, pier, wharf, dock or other artificial structure, or for a fishing vessel
with any fish onboard to tie-up to any dock, pier or other artificial
structure.
Mobile Device means any electronic
device that can be carried on one's person, such as a smartphone, which is
capable of displaying a true, complete and legible image of a current and valid
permit issued by the Division.
Mobile Gear means any movable fishing
gear or nets which are set, towed, hauled, or dragged through the water for the
harvest of fish, squid, and shellfish including, but not limited to, otter
trawls, beam trawls, bottom and mid-water pair trawls, Scottish seines, Danish
seines, pair seines, purse seines, and sea scallop dredges. For the purpose of
322
CMR 7.01, mobile gear does not include surf
clam and ocean quahog dredges, bay quahog dredges or the use of moveable
fishing gear by shellfish fishers authorized under a local permit to take
shellfish and are fishing only within those city or town waters.
Non-commercial means the harvest of
fish, shellfish or bait for purposes of personal or family use only and not for
purposes of sale, barter or exchange.
Online System means the online
permitting systems for the issuance of permits issued by the Division of Marine
Fisheries accessible via the agency's website.
Possession or to Possess means to have
custody or control of, or to handle or hold.
Recreational Fishing means the
non-commercial taking or attempted taking of finfish for personal or family
use, sport or pleasure which are not sold, bartered, or exchanged.
Registered Length means that length
set forth in either the U.S. Coast Guard or Massachusetts Boat and Recreational
Vehicle Safety Bureau, whichever is applicable.
Shellfish means clams, conchs,
limpets, mussels, oysters, periwinkles, quahogs, razor clams, bay scallops, sea
scallops, surf clams, ocean quahogs and winkles.
Vessel means any commercial fishing
vessel, boat, ship or other water craft registered under the laws of the
Commonwealth (state) as defined in M.G.L. c. 130, § 1, and which is used
exclusively to harvest fish or shellfish for purposes of sale, barter or
exchange, and shall include any vessel documented under the laws of the United
States to carry passengers for hire exclusively to harvest fish or
shellfish.
(2)
Commercial Fishing Permits. In order to harvest,
possess or land fish, shellfish or bait for commercial purposes, the following
permits are required for the following fishing activities:
(a)
Coastal Lobster.
Issued to a named individual in accordance with
322
CMR 7.01 authorizing the possession and
landing of lobster and fish for commercial purposes from waters within the
jurisdiction and authority of the Commonwealth in accordance with M.G.L. c.
130, § 38B and
322
CMR 7.01. This permit may be endorsed for the
harvest, possession and landing of shellfish and seaworms for commercial
purposes. The permit shall include a restriction that memorializes the permit
holders declaration of the ASMFC Lobster Management Areas the permit holder
will fish during a calendar year. If the permit authorizes fishing in more than
one area, the permit shall be subject to the most restrictive ASMFC lobster
management regulations governing the permitted fishing area, as set forth in
322
CMR 6.02(2): Maximum
and Minimum Sizes and
322
CMR 6.02(5):
V-notched Female Lobster Protection.
(b)
Offshore
Lobster. Authorizes the possession and landing of lobsters
harvested from waters outside the jurisdiction of the Commonwealth using a
vessel registered under the laws of the state and validly endorsed for FCZ
fishing. This permit shall be further endorsed for gear type to enhance
management, reporting, and enforcement of gear-specific trip limits by
requiring a non-trap endorsement for those permit holders fishing with non-trap
gear; permits fished with trap gear will be the default category and not
require a distinct endorsement. Offshore lobster permit holders or users may
not also hold, use or have on board an individual non-commercial or family
non-commercial lobster permit. The permit shall include a restriction that
memorializes the permit holders declaration of the ASMFC Lobster Management
Areas the permit holder will fish during a calendar year. If the permit
authorizes fishing in more than one area, the permit shall be subject to the
most restrictive ASMFC lobster management regulations governing the permitted
fishing area, as set forth in
322
CMR 6.02(2): Maximum
and Minimum Sizes and
322
CMR 6.02(5):
V-notched Female Lobster Protection.
(c)
Boat 100 Feet or
Greater. Authorizes the harvest, possession and landing of fish
for commercial purposes using a vessel 100 feet registered length or greater.
Said permits shall authorize the crew of said vessel to fish under its
authority and may be endorsed upon request of the applicant for the harvest,
possession and landing of shellfish and seaworms for commercial
purposes.
(d)
Boat 60
to 99 Feet. Authorizes the harvest, possession and landing of fish
for commercial purposes using a vessel from 60 to 99 feet registered length.
Said permit shall authorize the crew of the vessel to fish under its authority
and may be endorsed upon request of the applicant for the harvest, possession
and landing of shellfish and seaworms for commercial purposes.
(e)
At-sea
Processing. A special permit is required for the commercial at-sea
processing of fish or shellfish within the waters under the jurisdiction of the
Commonwealth. This permit is not required for the evisceration of finfish,
including the removal of cod gonads and monkfish livers; the removal of
monkfish tails from monkfish; the shucking of bay scallops and sea scallops
under the authority of a bay scallop or sea scallop shucking regulated fishery
permit endorsement; or to keep fish parts for personal use as authorized
pursuant to
322
CMR 6.41(2)(a):
Possession of Fish Parts by Commercial Fishers.
(f)
Special Biomedical Horseshoe
Crab Harvest Permit. For a named individual to harvest horseshoe
crabs exclusively for use by the biomedical industry for the manufacturing of
limulus lysate or for sale to a permitted scientific institution for the
purpose of research. The holder of a biomedical harvest permit shall not also
hold a horseshoe crab harvest regulated fishery permit endorsement.
(3)
Dealer
Permits. The following categories of permits may be issued by the
Director and are required for the following activities:
(a)
Wholesale
Dealer. Authorizes the wholesale possession, distribution,
processing, sale or resale of raw fish and shellfish. Said permit includes
authorization for the retail sale and retail resale of fish and shellfish from
a fixed location approved in writing by the Massachusetts Department of Public
Health.
(b)
Wholesale
Broker. Authorizes the wholesale brokering, directing the
transport of or any commercial transaction in the sale of raw or processed fish
or shellfish.
(c)
Wholesale Truck. Authorizes the wholesale possession
or distribution of raw or processed fish and shellfish for commercial purposes
from a vehicle approved in writing by the Massachusetts Department of Public
Health.
Exception: Commercial Lobster Permit
holders, who also hold a Retail Boat Permit as defined in
322
CMR 7.01(3)(f), shall be
exempt from the requirements to obtain this wholesale truck dealer's permit
when transporting only live lobsters and live crabs for commercial
sale.
(d)
Retail
Dealer. Authorizes the retail sale of raw fish and shellfish from
a fixed location approved in writing by the Massachusetts Department of Public
Health.
(e)
Retail
Truck. Authorizes the retail sale of raw fish from a vehicle
approved in writing by a local or county Board of Health.
(f)
Retail Boat.
Authorizes a fisher with a Massachusetts commercial fishing permit to sell from
a boat to the general public, product he lawfully harvested, including the sale
of live lobsters and whole raw fish from a boat. For holders of any commercial
lobster permit, the authorization granted under this retail boat dealer's
permit shall also include the transport of live lobsters or live crabs, caught
aboard the holder's permitted vessel, for sale to the public including to
persons and businesses that are not retail or wholesale dealers of raw or
processed fish or shellfish.
(g)
Retail Farmer's Market. Authorizes the retail sale of
certain raw fish and fish products at a farmer's market subject to written
approval by the Department of Public Health, or the municipal or county board
of health.
(h)
Bait
Dealer. Authorizes the possession and sale of bait.
(i)
Biomedical Horseshoe Crab
Dealer. Authorizes an entity affiliated with a biomedical
processor to obtain and hold biomedical horseshoe crabs and sell biomedical
horseshoe crabs to the affiliated biomedical processor. The biomedical dealer
permit may be authorized as a primary buyer, in accordance with
322
CMR 7.07, to allow for the primary purchase
of horseshoe crabs directly from a biomedical fisher.
(j)
Biomedical Horseshoe Crab
Processor. Authorizes an entity to process horseshoe crabs for
biomedical purposes including, but not limited to, the bleeding of horseshoe
crabs for the production of Limulus Amebocyte Lysate. The
biomedical processor permit may be authorized as a primary buyer, in accordance
with 322 CMR 7.07, to allow for
the primary purchase of horseshoe crabs directly from a biomedical fisher. The
Director may limit access to the Biomedical Horseshoe Crab Processor permit in
accordance with
322
CMR 7.04.
(4)
Special Permits.
The following special permits may be issued by the Director for the following
activities:
(a)
Regulated Fishery
Permit Endorsement. In accordance with M.G.L. c. 130, §§
2 and 80, regulated fishery permit endorsements may be added to commercial
fishing permits, issued pursuant to
322
CMR 7.01(2), to authorize
the named individual and/or commercial fishing vessel to retain, possess, or
land fish or shellfish or use certain fishing gear in a commercial fishery
regulated pursuant to M.G.L. c. 130, § 17A.
1.
Open Access Regulated Fishery
Permit Endorsements. The following regulated fishery permit
endorsements may be added to commercial fishing permits, issued in accordance
with 322 CMR
7.01(2), and shall be
required:
a.
American
Eel. For a named individual or vessel to commercially fish for
American eels within the waters under the jurisdiction of the Commonwealth, or
to retain, possess or land American eels for commercial purposes in the
Commonwealth.
b.
Bay
Scallop Shucking. For a named individual to shuck bay scallops
onshore for commercial or non-commercial purposes.
c.
Coastal Access Permit - Purse
Seine. For a named individual or vessel to set, operate, or fish
with purse seines within the waters under the jurisdiction of the Commonwealth,
excepting the waters within the Inshore Net Areas described at
322
CMR 4.02: Use of Nets in Inshore
Restricted Waters.
d.
Contaminated Surf Clam. For a named individual or
vessel to operate a surf clam dredge in shellfish growing area designated by
the Division as "PROHIBITED" and to harvest, possess or land surf clams taken
from a shellfish growing area designated by the Division "PROHIBITED" for the
purpose of being kept or sold as bait.
e.
Fish Weir. For a
named individual to operate a fish weir in the waters under the jurisdiction of
the Commonwealth or to harvest, possess or land fish or shellfish taken by a
fish weir in the Commonwealth.
f.
Inshore Net Permit. For a named individual or vessel
to operate net gear within the inshore net areas described at
322
CMR 4.02: Use of Nets in Inshore
Restricted Waters. This regulated fishery permit endorsement is not
required for the use of a bait net that measures less than 250 square
feet.
g.
Mackerel. For a named individual or vessel to
commercially fish for Atlantic mackerel within the waters under the
jurisdiction of the Commonwealth, or to retain, possess, or land Atlantic
mackerel for commercial purposes in the Commonwealth.
h.
Northern Shrimp.
For a named individual or vessel to commercially fish for Northern shrimp
within the waters under the jurisdiction of the Commonwealth, or to retain,
possess, or land northern shrimp for commercial purposes in the
Commonwealth.
i.
Sea
Herring. For a named individual or vessel to commercially fish for
Atlantic sea herring within the waters under the jurisdiction of the
Commonwealth, or retain, possess, or land Atlantic sea herring for commercial
purposes in the Commonwealth.
j.
Sea Scallop Diving. For a named individual to
commercially fish for sea scallops by hand within the waters under the
jurisdiction of the Commonwealth, or to retain, possess, or land sea scallops
for commercial purposes that were taken by hand in the Commonwealth.
k.
Sea Scallop
Shucking. For a named individual or vessel to shuck sea scallops
at-sea for commercial or non-commercial purposes.
l.
Sea Urchin
Diving. For a named individual to commercially fish for sea
urchins by hand within the waters under the jurisdiction of the Commonwealth,
or to retain, possess, or land sea urchins for commercial purposes that were
taken by hand in the Commonwealth.
m.
Sea Urchin
Dredge. For a named individual or vessel to operate a sea urchin
dredge in the waters under the jurisdiction of the Commonwealth or to retain,
possess, or land any sea urchins taken by a sea urchin dredge from the waters
under the jurisdiction of the Commonwealth.
n.
Scup. For a named
individual or vessel to commercially fish for scup within the waters under the
jurisdiction of the Commonwealth or retain, possess, or land scup for
commercial purposes in the Commonwealth.
o.
Spiny Dogfish.
For a named individual or vessel to commercially fish for spiny dogfish within
the waters under the jurisdiction of the Commonwealth, or to retain, possess,
or land spiny dogfish for commercial purposes in the Commonwealth.
p.
Striped Bass. For
a named individual or vessel to commercially fish for striped bass within the
waters under the jurisdiction of the Commonwealth or to retain, possess, or
land striped bass for commercial purposes in the Commonwealth.
q.
Surface Gillnet.
For named individual or vessel to set or fish a gillnet - anchored, drifting or
otherwise - that is designed to be, capable of being or is fished in the upper
two-thirds of the water column. This regulated fishery permit endorsement is
not required for the use of a surface gillnet that measures less than 250
square feet. A named individual or vessel that holds a sink gillnet regulated
fishery permit endorsement shall not also hold a surface gillnet regulated
fishery permit endorsement to fish surface gillnets that exceed 250 square
feet.
2.
Limited Entry Regulated Fishery Permit Endorsements.
Commercial fishing permits, issued in accordance with
322
CMR 7.01(2), may be endorsed
with the following regulated fishery permit endorsements. Pursuant to the
authority at M.G.L. c. 130, § 2, the following regulated fishery permit
endorsements are limited entry and may only be renewed and transferred subject
to the provisions set forth at
322
CMR 7.06. These regulated fishery permit
endorsements are required for the following:
a.
Black Sea Bass.
For a named individual or vessel to commercially fish for black sea bass within
the waters under the jurisdiction of the Commonwealth, or to retain, possess,
or land any black sea bass for commercial purposes in the Commonwealth.
b.
Bluefish
Gillnet. For a named individual or vessel to set or fish for
bluefish by means of a gillnet, in accordance with
322
CMR 6.18(3): Use of
Gillnets for Taking Bluefish for Commercial Purposes, within the
waters under the jurisdiction of the Commonwealth.
c.
Coastal Access
Permit. For a named individual or vessel to set, operate, or fish
with mobile gear within the waters of the jurisdiction of the Commonwealth.
Coastal Access Permits may be further endorsed for participation in exempted
fisheries authorized at
322
CMR 4.06:
Use of Mobile
Gear:
i.
Small Mesh Trawl
Fishery for Whiting. A Coastal Access regulated fishery permit
endorsement may be further endorsed for the use and possession of small mesh
trawls to commercially fish for whiting within certain waters under the
jurisdiction of the Commonwealth.
ii.
Small Mesh Trawl Fishery for
Longfin Squid. A Coastal Access regulated fishery permit
endorsement may be further endorsed for the use and possession of small mesh
trawls to commercially fish for squid within certain waters under the
jurisdiction of the Commonwealth.
iii.
North Shore Mobile
Gear. A Coastal Access regulated fishery permit endorsement may be
further endorsed to fish with mobile gear within the Area 1A and 1B exemptions
to the North Shore Year Round Mobile Gear Closure.
d.
Fish Pots. For a
named individual to set or fish species-specific fish pots for black sea bass,
scup or whelks within the waters under the jurisdiction of the Commonwealth, or
to retain, possess, or land black sea bass, scup or whelks by fish pot for
commercial purposes in the Commonwealth. A black sea bass or scup pot regulated
fishery permit endorsement holder shall not also be required to hold a black
sea bass or scup regulated fishery permit endorsement to retain, possess, or
land black sea bass and scup for commercial purposes in the
Commonwealth.
e.
Fluke. For a named individual or vessel to
commercially fish for summer flounder (fluke) within the waters under the
jurisdiction of the Commonwealth, or to retain, possess, or land any summer
flounder for commercial purposes in the Commonwealth.
f.
Horseshoe Crab
Harvest. For a named individual or vessel to commercially fish for
horseshoe crabs within the waters under the jurisdiction of the Commonwealth or
retain, possess, or land horseshoe crabs for commercial purposes in the
Commonwealth.
g.
Menhaden. For a named individual and vessel to
commercially fish for menhaden within the waters under the jurisdiction of the
Commonwealth, or to retain, possess or land menhaden for commercial purposes in
the Commonwealth in excess of 6,000 pounds of menhaden per trip or 24-hour
period, whichever duration is longer.
h.
Ocean Quahog and Surf Clam
Dredge. For a named individual or a vessel to operate an ocean
quahog and/or surf clam dredge or to commercially fish for, retain, possess, or
land ocean quahogs or surf clams taken by ocean quahog and/or surf clam dredge
gear within in the waters under the jurisdiction of the Commonwealth.
i.
Quahog Dredge.
For a named individual and/or vessel to operate a bay quahog dredge or to
commercially fish for, harvest, possess or land bay quahogs taken by bay quahog
dredge gear from the waters under the jurisdiction of the Commonwealth seaward
of the outer jurisdiction of coastal cities and towns to regulate shellfish
pursuant to M.G.L. c. 130, § 52, as appearing on official maps of the
Commonwealth prepared pursuant to M.G.L. c. 1, § 3.
j.
Sink Gillnet. For
a named individual or vessel to set or fish a gillnet - anchored or otherwise -
that is designed to be, capable of being or is fished in the lower third of the
water column within the waters under the jurisdiction of the Commonwealth. Sink
gillnet regulated fishery permit endorsements are not transferable. Holders of
a sink gillnet regulated fishery permit may fish surface gillnets under the
authority of this permit.
k.
State-waters Groundfish. For a named individual or
vessel to commercially fish for regulated groundfish, species within the waters
under the jurisdiction of the Commonwealth, as defined at
322
CMR 6.03(1):
Definitions, or to retain, possess or land any regulated
groundfish species for commercial purposes taken within the waters under the
jurisdiction of the Commonwealth. A state-waters groundfish regulated fishery
permit endorsement is not required for vessels that hold a federal
multi-species groundfish or monkfish permit or for a commercial fisher to
harvest, possess and land up to 25 pounds of whole or eviscerated regulated
groundfish for commercial purposes.
l.
Tautog. For a
named individual or vessel to commercially fish for tautog within the waters
under the jurisdiction of the Commonwealth, or to retain, possess or land any
tautog for commercial purposes in the
Commonwealth.
(b)
Noncommercial Fishing
Permits.
1.
Recreational Saltwater Fishing Permits. Pursuant to
M.G.L. c. 130, § 17C and
322
CMR 7.10, the Director may issue a
recreational saltwater fishing permit to authorize:
a. recreational saltwater fishing;
and
b. for-hire vessels.
2.
Noncommercial
Lobster and Edible Crab. Pursuant to M.G.L. c. 130, § 38, the
Director may issue a noncommercial lobster and edible crab permit to authorize:
a.
Trap Fishing.
Issued to a named individual authorizing the harvest, possession and landing of
lobsters and edible crabs by means of traps for noncommercial purposes by that
individual or by members of that individual's immediate family residing in the
same household.
b.
Diver Fishing. Issued to a named individual
authorizing the harvest, possession and landing of lobsters by diving for
noncommercial purposes by that individual only. A noncommercial lobster permit
may not be carried onboard any vessel fishing under authority of an offshore
lobster permit.
(c)
Special Project.
Authorizes only the names individual to engage in a specified marine fishery
project including, but not limited to, aquaculture or mariculture; scientific,
environmental and biological collection and study, assessment or
experimentation; collection and possession for education purposes; shellfish
relay; and shellfish propagation.
(d)
Anadromous Fish
Passageway. Authorizes the named individual to carry out
activities related to the construction, reconstruction, repair, or alteration
of any anadromous fish passageway, as defined in M.G.L. c. 130, §§ 1
and 19.
(e)
At-sea
Processing. A special permit is required for the commercial at-sea
processing of fish or shellfish within the waters under the jurisdiction of the
Commonwealth. This permit is not required for the evisceration of finfish,
including the removal of cod gonads and monkfish livers; the removal of
monkfish tails from monkfish; the shucking of bay scallops and sea scallops
under the authority of a bay scallop or sea scallop shucking regulated fishery
permit endorsement; or to keep fish parts for personal use as authorized
pursuant to
322
CMR 6.41(2)(a):
Possession of Fish Parts by Commercial Fishers.
(f)
Special Biomedical Horseshoe
Crab Harvest Permit. For a named individual to harvest horseshoe
crabs exclusively for use by the biomedical industry for the manufacturing of
limulus lysate or for sale to a permitted scientific institution for the
purpose of research. The holder of a biomedical harvest permit shall not also
hold a horseshoe crab harvest regulated fishery permit
endorsement.
(5)
Application. Applicants for a permit shall comply with
the following requirements:
(a)
Forms. Applications for a permit shall be on forms
supplied by the Director or through the online system. A separate application
shall be made for each individual, boat, vessel, plant, firm, establishment,
corporation, partnership or other business entity.
(b)
Information. An
application for a permit required by M.G.L. c. 130 and
322
CMR 7.01 shall contain and include the
following:
1. the name and address of the
applicant;
2. the date of birth of
the applicant;
3. the name of the
commercial fishing vessel;
4. the
required length of the fishing vessel;
5. the Massachusetts vessel registration
number;
6. the homeport of the
commercial fishing vessel;
7. the
true and accurate signature of the applicant; and
8. any other information sufficient to fully
identify the particular activity to be undertaken and the intended use for the
permit.
(c)
Conditions. The following permit applicants shall
comply with the following conditions:
1.
Master digger permit applicants shall submit with their application a valid
bond as required by
322
CMR 7.02(2)(b);
2. Dealer permit applicants shall submit with
their application an approved health inspection certificate validly issued by
the Department of Public Health pursuant to a health inspection of the
applicant's premises;
3. Seasonal
lobster permit applicants shall submit a letter from their school attesting to
their full-time student status; and
4. Shellfish and seaworm permit applicants
shall, for a bay scallop endorsement, submit a certified sanitary inspection
approved by the Massachusetts Department of Public Health.
(d)
Multiple
Applications. A separate application shall be made for each
individual, boat, vessel, plant, firm, establishment, corporation, partnership
or other business entity.
(e)
Signature.
1.
Paper Permits. For all permits renewed on forms issued
by the Director, the applicant shall sign their name on the paper permit
application and paper permit issues.
2.
Online System.
For all permits issued through the online system, the applicant shall attest
under the pains and penalties of perjury that all information provided is true
and accurate, which affirms the applicant's electronic signature.
3. Except as otherwise provided at
322
CMR 7.01(5)(f), whenever a
permit is issued to a boat, vessel or business entity, the permit may be signed
or the attestation in the online system may be made by the owner of the boat or
vessel or by a duly authorized officer of the business entity that includes the
true and correct business title of the duly authorized officer.
(f)
Exception. Coastal lobster permits shall be issued to
and renewed by a named individual only. The permit application and the permit
itself shall be signed by a named individual or the attestation in the online
system be made by the named individual who shall be the holder. In no event may
a coastal lobster permit be issued to or renewed by a business entity or an
officer of a business entity.
(g)
Effect of Signature or Attestation in the Online
System. The applicant's signature on either the paper application
or attestation in the online system shall constitute:
1. a declaration under the pains and
penalties of perjury that all information contained in the application is true
and accurate to the best belief of the applicant;
2. a statement that the applicant and all
individuals conducting the activity under authority of the permit have read and
are familiar with all applicable statutes contained in M.G.L. c. 130, all
applicable regulations contained in 322 CMR and agree to fully comply
therewith; and
3. an agreement to
display all fish in possession of the applicant and all individuals conducting
the activity under authority of the permit to any officer authorized to enforce
the marine fishery laws of the Commonwealth.
(h)
Fees. All fees
required in accordance with M.G.L. c. 130, § 83 shall accompany each
application in the form of checks or money orders made payable to the
Commonwealth of Massachusetts. Cash may be used only when the application is
made in person. In the event an applicant's personal check is not honored by
the payor or bank, the permit issued to such applicant shall be void until such
time as the required fee in the form of a bank check, certified check or postal
money order is received by the Director. Any activity conducted by the
applicant under the purported authority of said permit five or more days
subsequent to the mailing to the applicant of a notice of the dishonored check
shall constitute a violation of the applicable provisions of M.G.L. c. 130 and
322 CMR.
(6)
Issuance. Permits shall not be validly issued or of
full force and effect unless the following requirements are met:
(a) identify the activity authorized or
privilege granted by the Director;
(b) contain a financial transaction
number;
(c) contain a permit
number;
(d) contain a date of
issuance;
(e) contain a true and
accurate copy of the Director's signature; and
(f) contain a true and accurate signature of
the holder, or if a boat, vessel, or business entity, the owner, or duly
authorized officer of the business entity including their business title.
Except for permits issued by the online system whereby the attestation of
permit holder affirms the requirements of the signature as set forth at
322
CMR 7.01(5)(e).
(7)
Conditions. The Director may at any time, in his
discretion, attach any written conditions or restrictions to the permit deemed
necessary or appropriate for purposes of conservation and management or to
protect the public health, welfare and safety.
(8)
Duplicates.
Duplicate permits may be issued by the Director provided that a satisfactory
affidavit signed under the pains and penalties of perjury is submitted by the
person who signed the original application and permit attesting to the
disposition of the original permit sought to be replaced.
(9)
Suspension and
Revocation. In accordance with M.G.L. c. 30A, §§ 10, 11
and 13, and pursuant to the procedural rules of 801 CMR 1.00: Standard
Adjudicatory Rules of Practice and Procedure, any permit issued by the
Director may be suspended orrevoked for falsifying any application form,
violation of any condition or restriction of the permit, or for violation of
any provision of M.G.L. c. 130 or 322 CMR.
(10)
Alteration. Any
permit validly issued by the Director which is subsequently and substantially
altered, erased or mutilated is invalid.
(11)
Expiration. All
permits validly issued shall expire on December 31st
following the date of issuance unless otherwise provided by law, modified or
extended by the Director in writing, or suspended or revoked by the Director or
a court of competent jurisdiction.
(12)
Transfer.
Unless otherwise provided in writing by the Director, or in accordance with 322
CMR or M.G.L. c. 130, permits may not be transferred, loaned, leased,
exchanged, bartered, sold or possessed by a person other than the holder, boat,
vessel, or business entity to which it was issued.
(13)
Requirement to Accommodate
Sea Samplers. For the purpose of observing and acquiring
information about fishing operations and sampling catches for biological
information, all permit holders, as condition of their permit, shall agree to
take on board and provide safe access for sea samplers authorized by the
Division of Marine Fisheries at a location established by the
Division.
(14)
Prohibitions. It is unlawful to:
(a) conduct any marine fishery activity which
is subject to a permit pursuant to M.G.L. c. 130 or 322 CMR without such permit
or during a period of suspension or revocation of the permit, or five days
after the mailing of a notice pursuant to 322 CMR 7.01(5)(d);
(b) falsify any application form,
documentation or letters of support in conjunction with any application
form;
(c) alter, erase, mutilate or
falsify any permit issued by the Director;
(d) violate or fail to comply with any permit
condition or restriction;
(e)
transfer, loan, lease, exchange, barter or sell any permit or for any person
other than the holder to possess a permit except as otherwise provided for in
writing by the Director or in accordance with 322 CMR or M.G.L. c.
130;
(f) violate any provision of
M.G.L. c. 130 or 322 CMR when conducting an activity authorized by
permit;
(g) fail to produce a
permit upon demand of any officer authorized to enforce the marine fishery laws
of the Commonwealth, except that persons who have purchased a recreational
saltwater fishing permit or non-commercial lobster permit through the Online
System may produce their permit by displaying a true, complete and legible
image of it on their mobile device;
(h) fail to display fish harvested or
possessed under authority of a permit to any officer authorized to enforce the
marine fishery laws of the Commonwealth;
(i) harass, threaten, intimidate, coerce or
assault any officer authorized to enforce the marine fishery laws of the
Commonwealth;
(j) have more than
one individual, boat, vessel or business entity fish or conduct business under
authority of a permit, unless otherwise provided for in M.G.L. c. 130, 322 CMR
or in writing by the Director;
(k)
sell or offer to sell any shellfish harvested under authority of a commercial
fishermen permit endorsed for shellfish to any person without a valid
Massachusetts shellfish transaction card and either a valid Massachusetts
driver's license or a Registry of Motor Vehicles Identification card;
(l) have a non-commercial lobster
permit on board any vessel fishing under authority of an offshore lobster
permit;
(m) conduct any activity
designed to construct, reconstruct, rebuild, repair, or alter any anadromous
fish passageway as defined in M.G.L. c. 130, §§ 1 and 19, or to
construct or build any new anadromous fish passageway without a special permit
issued pursuant to 322 CMR 7.01(4).
(n) to sell or offer to sell any regulated
groundfish species as defined in
322 CMR
8.12(1):
Definitions harvested by persons aboard vessels that are
engaged in for-hire fishing.
(o)
obtain multiple State Waters Multispecies Groundfish Endorsements for the same
vessel regardless of the number of commercial permits associated with said
vessel.
(p) obtain a State Waters
Multispecies Groundfish Endorsement for a vessel authorized to take
Multispecies Groundfish or monkfish under a federal permit.
(q) obtain a State Waters Multispecies
Groundfish Endorsement for a vessel authorized on or before January 1, 2006 to
take Multispecies Groundfish or monkfish under a federal permit if that federal
permit has been transferred, leased or sold on or after January 1, 2006;
(r) any vessel to engage in the
at-sea transfer of any fish or shellfish subject to possession limits
established pursuant to
322 CMR
6.41: Further Regulation of
Catches.
(s) any vessel
with an at-sea processing permit to process any fish or shellfish subject to
minimum size limits established pursuant to 322 CMR.
(t) any wholesale truck or retail dealer
permit holder to accept raw shellfish from a commercial fisherman or to act as
a primary buyer of shellfish.
