Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.44 - Atlantic Mackerel Management

Current through Register 1525, July 5, 2024
(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.