Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 7.00 - Permits › Section 7.03 - Coastal Lobster Permit and Trap Allocation Transfer Programs

Current through Register 1525, July 5, 2024
(1)
Purpose and
			 Scope
. The purpose of
			 322
			 CMR 7.03 is to regulate the number of lobster
			 traps on a regional and individual basis to prevent over-fishing within each
			 Lobster Conservation Management Area (LCMA) managed by the Commonwealth through
			 the ASMFC, and to establish a process to enable the transfer of existing
			 commercial lobster permits and traps pursuant to M.G.L. c. 130, § 38B, and
			 St. 1992, c. 369.
The American lobster fishery is the state's most economically
				important fishery conducted within the territorial waters. To meet conservation
				goals of the interstate plan specific to the nearshore waters around eastern
				Cape Cod and Southern New England, the Outer Cape Cod Lobster Conservation
				Management Area (OCCLCMA) and Lobster Conservation Management Area 2 (LCMA 2)
				were developed, respectively.
				322
				CMR 7.03 details the effort control plans for
				the OCCLCMA and LCMA 2 comprised of trap limit programs and transfer programs
				as well as transfer regulations for the remainder of the coastal lobster
				fishery conducted in LCMA 1.
The transfer program for the coastal lobster fishery conducted
				in LCMA 1 allows permit holders to transfer their permits along with lobster
				related business assets under the historical transfer criteria developed for
				the coastal lobster fishery. Beginning in 2004, the only permit transfers
				allowed between LCMAs are those involving the transfer of a permit to an LCMA
				under management of an effort control plan. This will enable commercial fishers
				to retain the maximum flexibility in the conduct of their businesses while
				ensuring conservation goals of any area-specific effort control plans are not
				comprised by increases in traps fished.
(2)
Definitions
. For
			 the purposes of
			 322
			 CMR 7.03, the following words shall have the
			 following meanings.
Actively Fished
means landing and
				selling at least 1,000 lbs. of lobster or landing and selling lobster on at
				least 20 occasions, in a single year.
Allocation Transferee
means the holder
				of a commercial lobster permit to whom a transfer of trap allocation is
				made.
Immediate Family
means a spouse,
				child, step child, adopted child, sibling, step sibling, adopted sibling,
				parent, step parent, adopted parent, grandparent, grandchild.
Owner-operator
means the individual
				named on the Coastal Lobster Permit must be onboard the vessel listed on the
				Coastal Lobster Permit when said vessel is at sea during a commercial fishing
				trip or the vessel is fishing for, retaining, possessing, or landing any fish
				taken under the authority of the Coastal Lobster Permit. This shall not extend
				to the sale of any fish harvested or landed under the authority of the Coastal
				Lobster Permit to a primary buyer authorized at
				322
				CMR 7.07, nor the overland transportation of
				any fish harvested or landed under the authority of the Coastal Lobster Permit
				for the purposes of sale to a primary buyer authorized at
				322
				CMR 7.07.
Permit Holder
means a holder of a
				coastal commercial lobster permit endorsed for either LCMAs 1, 2 or OCC.
Permit Transferee
means the person to
				whom a commercial lobster permit is transferred who must document that he or
				she has at least one year of full-time or equivalent part-time experience in
				the commercial lobster trap fishery or two years of full-time or equivalent
				part-time experience in other commercial fisheries, according to criteria
				developed by the Division.
Transfer Trap Debit
means the
				area-specific percentage of each allocation transfer transaction retained by
				the Division for conservation purposes as defined by the Division and subject
				to criteria developed by the Division, and not restricted by the Director under
				his authority to condition permits.
(3)
Renewals
.
(a) The Director shall renew all existing
			 Coastal Commercial Lobster Permits in accordance with M.G.L. c.130, § 38B,
			 and 322 CMR 7.01(2)(a) and
			 (5)(f), provided that catch reports and
			 renewal applications are received by February 28th
			 and the renewal process, including late renewals approved for sufficient cause,
			 is completed prior to December 31st of any
			 year.
(b) Coastal Lobster Permit
			 holders are prohibited from multiple LCMA endorsements, except those commercial
			 lobster permits held by persons with valid federal authorization for LCMA 3 who
			 may additionally receive authorization for either LCMA 1, 2 or Outer Cape Cod
			 or those commercial lobster permit holders not fishing with trap gear who may
			 additionally receive authorization for LCMA 1, 2, or Outer Cape Cod.
(c) Those authorized for more than one LCMA
			 as designated on their permits shall observe the most restrictive of different
			 regulations for the areas declared as established by 322 CMR and the ASMFC
			 Lobster Management Plan.
(d)
			 Coastal Lobster Permit holders are prohibited from making changes in area
			 designations during the annual renewal period except to drop a LCMA or to add a
			 LCMA under management of an approved effort control plan for which the permit
			 holder has received a LCMA-specific trap allocation.