Current through Register 1531, September 27, 2024
(1)
Authority and Purpose.
(a) The Director is authorized, pursuant to
St. 2009, c. 161, § 8, to establish the Commonwealth's recreational
saltwater fishing permit program in compliance with the state exemption
requirements of section 401(g)(2) of the Magnuson-Stevens Fishery Conservation
and Management Act,
16 U.S.C.
1881 (the "Federal Act"). The Director,
pursuant to his authority under the Federal Act, and M.G.L. c. 130,
§§ 17 and 17A, has promulgated 322 CMR 7.10 for the purposes of
implementing the state recreational saltwater fishing permit program in
regulation.
(b)322 CMR 7.10
identifies the persons who must apply for or are exempt from a recreational
saltwater fishing permit, sets forth the application and permit requirements
applicable to individual and for-hire permits, and gives notice of the
penalties that may be assessed against persons who violate M.G.L. c. 130,
§ 17C, or 322 CMR 7.10.
(2)
Definitions. As
used in 322 CMR 7.10, the definitions have the following meaning, unless the
context otherwise requires. Other words used in 322 CMR 7.10 have the meaning
set forth in
322 CMR
7.01(1).
For-hire means that activity permitted
in accordance with M.G.L. c. 130, § 17C, and 322 CMR 7.10(5), whereby the
vessel named on the for-hire permit is carrying paying customers for the
purpose of recreational fishing.
Recreational Fishing means the
noncommercial taking or attempted taking of finfish for personal or family use,
sport, or pleasure, and which are not sold, traded or bartered.
Trip means the period of time that
begins when the fishing vessel departs from the dock, berth, mooring, beach,
seawall, ramp, or port to carry out recreational fishing and terminates with a
return to a dock, berth, mooring, beach, seawall, ramp, or
port.
(3)
Persons Required to Obtain a Permit. Unless exempted
pursuant to 322 CMR 7.10(4), all persons engaged in the recreational fishing,
or who take or land finfish for recreational purposes in or from the coastal
waters of the Commonwealth, shall obtain a recreational saltwater fishing
permit from the Director in accordance with 322 CMR 7.10.
(4)
Persons Exempt from Obtaining
a Permit. A recreational saltwater fishing permit is not required
in the following circumstances:
(a) persons
younger than 16 years old;
(b)
persons who, regardless of their age, otherwise meet the definition of a
disabled person in M.G.L. c. 19C;
(c) persons fishing during a for-hire trip
conducted under the authority of a for-hire permit issued in accordance with
M.G.L. c. 130, § 17C, and 322 CMR 7.10(5).
(d) persons who hold a commercial fishing
permit from the Director and keep for personal use any fish taken under the
authority of that permit in accordance with the applicable commercial fishing
regulations set forth at
322 CMR
6.00 or
9.00; or
(e) nonresident persons holding a valid
recreational saltwater fishing permit of any coastal state, provided however,
that the Director has determined in writing that the requirements of such other
state permit is substantially the same as the permit issued by the Director
pursuant to 322 CMR 7.10 and that the other state provides similar privileges
granted under its law to residents as permitted by the Director.
(5)
For-hire Permit
Requirements Applicable to For hire Vessels. The Director may
issue a recreational for-hire permit to a named individual for use onboard the
vessel identified on the permit application. This permit shall cover all
recreational fishing by recreational anglers onboard the for-hire vessel during
a for-hire trip, as well as any private recreational fishing conducted by the
individual person named on the for-hire permit.
(a)
Permit
Categories: The following for-hire permit categories are available
based on vessel capacity:
1.
Charter Boat. The for-hire vessel has a capacity to
carry up to six persons fishing as passengers from the for-hire
vessel.
2.
Head
Boat. The for-hire vessel has a capacity to carry seven or more
persons fishing as passengers from the for-hire vessel.
(b)
Requirement to Post and Give
Notice of Rules. The owner or operator, if different from the
owner, of a for-hire vessel shall:
1.
Charter Boats: give verbal notice to all persons
fishing as passengers from the vessel about their compliance with the catch
sizes and possession limits.
2.
Head Boats:
a. post
written rules on the minimum catch sizes and possession limits applicable to
the target fish species in a conspicuous and accessible location on the vessel;
and
b. give verbal notice to all
persons fishing as passengers from the vessel about their compliance with the
catch sizes and possession limits, and direct their attention to the posted
rules.
(c)
Requirement to Carry Measuring Devices. For the
purposes of ensuring compliance with the minimum catch size rules:
1. all charter boats shall be equipped with
at least one ruler or other appropriate measuring device that is visible and
accessible to the passengers; and
2. all head boats shall be equipped with at
least five rulers or other appropriate measuring devices that is visible and
accessible to the passengers.
(6)
Application for a
Permit. All applicants for a recreational saltwater fishing permit
shall comply with the following requirements:
(a)
Application
Forms. Application for a recreational saltwater fishing permit
shall be made by completing the applicable application form provided by the
Director, and by paying the application fee, if applicable, established in
801 CMR
4.00: Rates.
(b)
Information Required to Be
Provided by the Applicant. In order for an application for a
recreational saltwater fishing permit to be considered complete, the applicant
shall provide the following information to the Director:
1. An applicant seeking an individual permit
shall provide their full name, address, date of birth, and telephone
number;
2. An applicant seeking a
for-hire vessel permit shall provide the following information about the vessel
and the owner, and if applicable, the operator:
a. the name of the vessel, the vessel's
registration or documentation number and the vessel's home port;
b. the full name, address, date of birth and
telephone number of the owner of the vessel; if there is more than one owner,
this identification information shall be provided by each person holding an
ownership interest in the vessel;
c. the full name, address and telephone
number of the operator; if the operator is different from the vessel
owner;
d. if the owner or operator
of the vessel is a corporation or other legal entity, the name, address and any
other identification information specified in the application form;
and
e. any other information deemed
necessary or appropriate by the Director to complete the Division's review and
action on the application.
(c)
Completeness of the
Application. The Director shall not issue a recreational saltwater
fishing permit before receiving a complete application and payment of the
application fee, if applicable, as required under
322
CMR 7.10(6).
(7)
Permit
Conditions. The Director may include general or special conditions
in recreational saltwater fishing permits to provide for and ensure compliance
with the requirements of M.G.L. c. 130, § 17C, or
322
CMR 7.10.
(8)
Penalties for Violations of
M.G.L. c. 130, § 17C, or
322
CMR 7.10
. Any person who
violates M.G.L. c. 130, § 17C, or
322
CMR 7.10 may be subject to one or more of the
following penalties:
(a) the suspension or
revocation of the recreational saltwater fishing permit, or the suspension or
revocation of a nonresident's authorization to engage in recreational fishing
in the coastal waters of the Commonwealth;
(b) the confiscation of all finfish caught,
possessed or sold in violation of M.G.L. c. 130, § 17C, or
322
CMR 7.10;
(c) a non-criminal fine in the amount of $50,
as provided under M.G.L. c. 21A, §§ 10G and 10H;
(d) when the violator has failed to obtain an
individual permit, a criminal fine of not less $50 nor more than
$250;
(e) when the violator has
failed to obtain an individual permit and has two or more such offenses in
violation of M.G.L. c. 130, § 17C, or
322
CMR 7.10, a criminal fine of not less $100
nor more than $500;
(f) when the
violator has failed to obtain, or is the holder of, a for-hire permit and the
offense is a violation of
322
CMR 7.10, a criminal fine of not less $250
nor more than $1000;
(g) when the
violator has failed to obtain, or is the holder of, a for-hire permit and has
two or more offenses in violation of
322
CMR 7.10, a criminal fine of not less $500
nor more than $1000;
(h) when the
violator has failed to obtain, or is the holder of, a for-hire permit and the
offense is a violation of M.G.L. c. 130, § 17C, a criminal fine of not
less $500 nor more than $5000;
(i)
when the violator has failed to obtain, or is the holder of, a for-hire permit
and has two or more offenses in violation of M.G.L. c. 130, § 17C, a
criminal fine of not less $1000 nor more than $5000; and
(j) any other sanction or penalty authorized
under M.G.L. c. 130.
(9)
Permit Fees.
(a) The
Director may charge a separate annual fee for each category of permits
established by the Director pursuant to
322
CMR 7.10, provided that the amount of such
permit fees shall be established by the Secretary of Administration and Finance
pursuant to M.G.L. c. 7, § 3B.
(b) The Director or agents authorized by the
Director to sell permits may not charge a permit fee to those persons applying
for an individual recreational saltwater fishing permit who at the time of the
permit application are 60 years of age or older.
(10)
Requirements Applicable to
Agents Authorized to Sell Permits.
(a) The Director may authorize agents who are
not employed by the Commonwealth to sell recreational saltwater fishing permits
at point-of-sale locations.
(b)
Authorized agents at point-of-sale locations may charge and retain a fee not to
exceed $1.50 for their service of selling the permit.
The Director may further specify the eligibility, operational
and sale of permit conditions applicable to authorized agents.
