Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 7.00 - Permits › Section 7.04 - Commercial Fisheries Control Date

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of
			 322
			 CMR 7.04 is to provide the Director and
			 Marine Fisheries Advisory Commission with time to develop further access
			 controls in certain commercial fisheries, including
moratoria
and limited entry, without the Director and Commission having to deal with
			 large numbers of applicants attempting to enter the fisheries before access is
			 restricted or denied. The implementation of the control date on an emergency
			 basis is necessary to prevent a surge of applicants for licenses into fisheries
			 for which the Director and the Commission may decide to restrict access in the
			 future.
(2)
Control
			 Dates
.
(a)
Mobile
			 Gear
. After April 2, 1992, any person issued a commercial fishing
			 permit to conduct any fishery using gillnets or trammel nets, or any mobile or
			 encircling fishing gear or nets which are towed, hauled, or dragged through the
			 water for the harvest of fish including, but not limited to, otter trawls, beam
			 trawls, pair trawls, mid-water trawls, Scottish seines, Danish seines, pair
			 seins, or sea scallop dredges, excluding purse seines and shellfish dredges,
			 within waters under the jurisdiction of the Commonwealth, will not be assured
			 of future access to or participation in these fisheries if a management regime
			 is developed and implemented that limits the number of participants in these
			 fisheries.
(b)
Hook
			 Gear
. After March 6, 2008, any person issued a new commercial
			 fishing permit to conduct any fishery using hook-and-line, longline, or
			 handgear within waters under the jurisdiction of the Commonwealth, excluding
			 the commercial striped bass fishery, may be subject to eligibility criteria for
			 determining levels of future access to and allowable harvest of these
			 fisheries. Future entry into such fisheries may be based on historic harvest
			 levels of a vessel, person, or other criteria established by the
			 Director.
(c)
Spiny
			 Dogfish
. After November 6, 2008, any person issued a new regulated
			 fishery endorsement for spiny dogfish may be subject to eligibility criteria
			 for determining levels of future access to and allowable harvest of this
			 fishery. Future entry into such fisheries may be based on historic harvest
			 levels of the permit holder.
(d)
Striped Bass
. Access into the commercial striped bass
			 fishery may be limited in the future. Decisions to limit access may be based on
			 permitting history, landings, or other activity criteria established by the
			 Director. Commercial fishers are hereby notified that any person obtaining a
			 new regulated fishery permit endorsement for striped bass after June 14, 2022
			 or any person who did not have a certain level of landings prior to June 14,
			 2022 may not be provided future access to this fishery or may be subject to
			 eligibility criteria for determining levels of future access and allowable
			 harvest in this fishery.
(e)
Tautog
. Any person who did not report the lawful
			 landing or selling of tautog under the authority of the commercial fishing
			 permit prior to August 28, 2017 may not be provided future access into this
			 fishery and may be subject to eligibility criteria for determining levels of
			 future access to and allowable harvest in this fishery. Future access may be
			 based on historic landings of a vessel or by a person, or other criteria
			 established by the Director.
(f)
Groundfish Endorsement
. After December 31, 2018, any
			 person issued a state-waters groundfish endorsement may be subject to
			 eligibility criteria for determining future access to or participation in this
			 regulated fishery. Such eligibility criteria may include historic landings of a
			 vessel, a person or other criteria to be established by the Director.
(g)
Menhaden
. After
			 August 1, 2023, any person issued a regulated fishery permit endorsement for a
			 named individual and vessel to fish commercially for Atlantic menhaden may be
			 subject to eligibility criteria for determining future access to or
			 participation in this fishery. Future access may be limited based on historic
			 landings by a permit holder or other criteria to be established by the
			 Director.
(h)
CAP Purse
			 Seine
. Access into the purse seine fishery may be limited in the
			 future. Decisions to limit access may be based on permitting history, fishing
			 activity with purse seine, landings attributable to purse seines, or other
			 criteria to be established by the Director. Commercial fishers are hereby
			 notified that any person obtaining a new CAP-Purse Seine regulated fishery
			 permit endorsement after August 1,2023 may not be provided future access to
			 this fishery or may be subject to eligibility criteria for determining levels
			 of future access based on this control date.
(i)
Biomedical Horseshoe Crab
			 Processor Permit
. Access to the biomedical horseshoe crab
			 processor permit may be limited in the future. Decisions to limit access may be
			 based on prior permitting history, prior history of purchasing horseshoe crabs
			 from biomedical harvesters or biomedical horseshoe crab dealers in
			 Massachusetts, prior history of processing horseshoe crabs in Massachusetts, or
			 other criteria established by the Director. Any person obtaining a new
			 biomedical horseshoe crab processor after January 1,2023 is hereby notified
			 that they may not have access to this permit in the future or may be subject to
			 eligibility criteria when determining future access.