Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 7.00 - Permits › Section 7.06 - Limited Entry Permits

Current through Register 1525, July 5, 2024
(1)
Definitions
.
Black Sea Bass
means that species of
				fish known as
Centropristes striata
.
Black Sea Bass Fishery Permit
				Endorsement
means those limited entry regulated fishery permit
				endorsements issued and managed pursuant to M.G.L. c. 130, §§ 2 and
				80, and
				322
				CMR 7.01(4)(a) and
				322
				CMR 7.06, that authorize commercial fishing
				for black sea bass in accordance with the regulations set forth at
				322
				CMR 6.28.
Black Sea Bass Pot Regulated Fishery Permit
				Endorsement
means those limited entry regulated fishery permit
				endorsements, issued and managed pursuant to M.G.L. c. 130, §§ 2 and
				80, and
				322
				CMR 7.01(4)(a) and
				7.06, that authorize a named
				individual to use black sea bass pots, as defined at
				322
				CMR 6.12(1):
Definitions
, for the taking of black sea bass for commercial
				purposes.
Bluefish Gillnet Permit Endorsement
means those limited entry regulated fishery permit endorsements issued and
				managed pursuant to M.G.L. c. 130, §§ 2 and 80, and
				322
				CMR 7.01(4)(a) and
				322
				CMR 7.06, that authorize commercial fishing
				with a bluefish gillnet in accordance with the regulations set forth at
				322
				CMR 6.18.
Coastal Access Permit
means those
				limited entry regulated fishery permit endorsements, issued and managed
				pursuant to M.G.L. c. 130 §§ 2 and 80, and
				322
				CMR 7.01,
				7.05 and
				7.06, that authorize the
				permit holder to use mobile gear in the waters under the jurisdiction of the
				Commonwealth.
Coastal Commercial Lobster Permit
means the commercial fishing permit, issued and managed pursuant to M.G.L. c.
				130, §§ 2, 37 and 38, and
				322
				CMR 7.01(2) and
				7.03, that authorizes a named
				individual to fish for, possess and land lobsters and finfish taken from the
				waters under the jurisdiction of the Commonwealth for commercial
				purposes.
Conch Pot Regulated Fishery Permit
				Endorsement
means those limited entry regulated fishery permit
				endorsements, issued and managed pursuant to M.G.L. c. 130, §§ 2 and
				80, and
				322
				CMR 7.01(4)(a) and
				7.06, that authorize a named
				individual to use conch pots, as defined at
				322
				CMR 6.12(1):
Definitions
, for the taking of whelks for commercial
				purposes.
Director
means the Director of the
				Division of Marine Fisheries
Fish Pot Regulated Fishery Permit
				Endorsement
means those limited entry regulated fishery permit
				endorsements for black sea bass pots, scup pots and conch pots, issued and
				managed pursuant to M.G.L. c. 130, §§ 2 and 80, and
				322
				CMR 7.01(4)(a) and
				7.06.
Immediate Family Member
means a
				spouse, child, step child, adopted child, sibling, step sibling, adopted
				sibling, parent, step parent, adopted parent, grandparent, or
				grandchild.
Limited Entry Regulated Fishery Permit
				Endorsement
means any regulated fishery permit endorsement that is
				issued, pursuant to M.G.L. c. 130, §§ 2 and 80, and
				322
				CMR 7.01(4)(a), and is
				limited in distribution to renewals only and may be transferred in accordance
				with 322 CMR 7.06. Limited entry
				regulated fishery permit endorsements include, but are not limited to: Atlantic
				menhaden; black sea bass; black sea bass pots; bluefish gillnets; bluefin tuna
				seines; coastal access permits; conch pots, fluke, horseshoe crabs, sink
				gillnets; ocean quahog, scup pots, state-waters groundfish, surf clams, and
				quahog dredges.
Menhaden
means that species of fish
				known as
Brevoortia tyrannus
.
Menhaden Regulated Fishery Permit
				Endorsement
means those limited entry regulated fishery permit
				endorsements, issued and managed pursuant to M.G.L. c. 130, §§ 2 and
				80, and
				322
				CMR 7.01(4)(a) and
				322
				CMR 7.06, that authorize a named individual
				to commercially fish for menhaden in accordance with the regulations set forth
				at 322 CMR 6.43.
Owner-operator
means the individual
				named on the commercial fishing permit must be onboard the vessel listed on the
				said commercial fishing permit when the vessel is at sea during a commercial
				fishing trip and fishing for, retaining, possessing, or landing any fish taken
				under the authority of the limited entry regulated fishery permit endorsement
				appurtenant to said commercial fishing permit. This shall not extend to the
				sale of any fish harvested or landed under the authority of the limited entry
				regulated fishery permit endorsement to a primary buyer authorized at
				322
				CMR 7.07, nor the overland transportation of
				any fish harvested or landed under the authority of that limited entry
				regulated fishery permit endorsement for the purpose of sale to a primary buyer
				authorized at
				322
				CMR 7.07.
Regulated Fishery Permit Endorsement
means any required special permit, issued in accordance with M.G.L. c. 130,
				§ 80, and
				322
				CMR 7.01(4)(a), for a
				fishery, gear type or fishing activity regulated by the Director in the form of
				an endorsement to the commercial fishing permit.
Scup
means that species of fish known
				as
Stenotomus chrysops
.
Scup Pot Regulated Fishery Permit
				Endorsement
means those regulated fishery permit endorsements,
				issued and managed pursuant to M.G.L. c. 130, §§ 2 and 80, and
				322
				CMR 7.01(4)(a) and
				7.06, that authorize a named
				individual to use scup pots, as defined at
				322
				CMR 6.12(1):
Definitions
, for the taking of scup.
Tautog
means that species of fish
				known as
Tautoga onitis
.
Tautog Regulated Fishery Permit
				Endorsement
means those limited entry regulated fishery permit
				endorsements, issued and managed pursuant to M.G.L. c. 130, §§ 2 and
				80, and
				322
				CMR 7.01(4)(a) and
				322
				CMR 7.06, that authorize commercial fishing
				for tautog in accordance with the regulations set forth at
				322
				CMR 6.40.
Whelk
means those species known as
Busycon carica
(knobbed whelk) and
Busycotypus
				canaliculatus
(channeled whelk).
(2)
Renewal of Limited Entry
			 Regulated Fishery Permit Endorsements
. Annual applications for the
			 renewal of limited entry regulated fishery permit endorsements, which shall
			 include any catch reports or other documentation required by any provision of
			 M.G.L. c. 130, and 322 CMR must be post marked or otherwise marked with the
			 date of receipt by the Division of Marine Fisheries no later than 12:00 A.M. on
			 the last day of February. Renewal applications not post marked or otherwise
			 received by the Division of Marine Fisheries by this deadline may be denied and
			 returned to the applicant. Limited entry regulated fishery permit endorsements
			 that are not post marked or received by the Division of Marine Fisheries prior
			 to 12:00 A.M. on the last day of February may not be approved by the
			 Director.
(3)
Retiring
			 of Limited Entry Regulated Fishery Permit Endorsements
. All
			 limited entry regulated fishery permit endorsements that are not renewed in
			 accordance with
			 322
			 CMR 7.06(2) are
			 automatically forfeited to the Division of Marine Fisheries. All forfeited
			 limited entry regulated fishery permits are retired.
(4)
Transfers of Limited Entry
			 Regulated Fishery Permit Endorsements
.
(a)
Transfer Eligibility
			 Criteria
. Limited entry regulated fishery permit endorsements are
			 nontransferable, unless approved by the Director. The Director may approve the
			 transfer of a limited entry regulated fishery permit endorsement subject to the
			 following criteria:
1. The holder of the
			 limited entry regulated fishery permit endorsement is in good standing with the
			 marine fisheries laws and regulations at M.G.L. c. 130, and 322 CMR.
2. The limited entry regulated fishery permit
			 endorsement has been actively fished during four of the last five years, as
			 evidenced by commercial fisher catch reports and SAFIS dealer reports. Final
			 determination of active fishing shall be specified in written policy provided
			 by the Director. Except that black sea bass, fluke, and tautog limited entry
			 regulated fishery permit endorsements need only to have been actively fished
			 during two out of the last five years, as evidenced by commercial fisher catch
			 reports and SAFIS dealer reports.
3. If a permit holder transfers a limited
			 entry regulated fishery Coastal Access Permit endorsement or a Coastal Lobster
			 Permit other limited entry regulated fishery permit endorsements held in
			 conjunction with that permit or permit endorsement may be transferred as part
			 of that transaction, at the request of the permit holder and with approval of
			 the Director.