Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.41 - The Further Regulation of Possession and Size Limits

Current through Register 1525, July 5, 2024
(1)
Definitions
. For
			 the purpose of
			 322
			 CMR 6.41, the following terms and words shall
			 have the following meanings:
At-sea Processing
means to receive or
				transfer, fillet or shuck, and freeze any finfish or shellfish within the
				waters under the jurisdiction of the Commonwealth, including on any vessels
				that are moored, tied to other vessels or docked at a pier or other artificial
				structure.
Domicile
means a place of permanent
				residence.
For-hire Vessel
means any vessel that
				holds a for-hire permit, issued in accordance with M.G.L. c. 130, § 17C
				and 322 CMR
				7.10(5):
Permit
				Requirements Applicable to For-hire Vessels,
that is carrying paying
				customers for the purpose of recreational fishing.
Patron
shall mean any person(s) who
				have paid a fare or brokered an agreement to conduct recreational angling
				onboard a vessel and is not a paid employee of the captain or vessel
				owner.
Personal Use
means for personal or
				familial consumption and not for sale, barter or exchange.
Quota Managed Species
means any
				species for which the Division of Marine Fisheries manages commercial fisheries
				by an annual quota that corresponds to Massachusetts annual share quota for
				that species as established by federal or interstate fishery management plans.
				Examples of quota managed species include, but are not limited to, striped
				bass, bluefish, black sea bass, scup, fluke, menhaden and horseshoe
				crabs.
Temporary Residence
means any place
				where an individual may reside on a temporary basis including, but not limited
				to, hotels, motels, campgrounds, and rental properties.
(2)
Commercial
			 Fishing
.
(a)
Possession of Fish Parts by Commercial Fishermen
. When
			 commercial fishermen, permitted pursuant to
			 322
			 CMR 7.01(2):
Commercial Fisherman Permits,
are authorized at 322 CMR to
			 fillet or mutilate fish at sea for personal use, those fillets and parts of
			 fish will be multiplied by three to determine compliance with species specific
			 commercial possession limits at 322 CMR.
			 322
			 CMR 6.41(2)  shall not apply
			 to whole-gutted or gilled fish, cod parts regulated at
			 322
			 CMR 6.03(3)(b)  and
			 322
			 CMR 6.03(6)  and monkfish
			 parts regulated at
			 322
			 CMR 6.03(10). Commercial
			 fishermen may keep for personal use up to 25 pounds of fillets per person
			 onboard the vessel, except for striped bass, which may not be
			 mutilated.
(b)
Trip
			 Limits for All Quota Managed Species
. Except as otherwise
			 specifically provided for in any provision of 322 CMR, all possession limits
			 shall be applied to the vessel per calendar day, regardless of the number of
			 commercial fishing permits or letters of authorization carried onboard the
			 vessel.
Exception
: Possession limits for quota
				managed species do not apply to transport vessels which are transporting said
				species for authorized primary buyers under a letter of authorization issued by
				the Director.
(c)
Procedure to Close Quota and Quota Managed Fisheries
.
			 To prevent an overage of the annual Massachusetts quota or a period or seasonal
			 quota allocation, when the Director projects that 100% of an annual
			 Massachusetts quota or a period or seasonal allocation will be landed, based
			 upon data compiled by the Division, the Director shall issue a Declaration of
			 Closure to close the fishery. This Declaration of Closure shall set forth the
			 closure date for the quota managed fishery. A written copy of the Declaration
			 of Closure shall be:
1. Filed with the
			 Secretary of the Commonwealth, for publication in the
Massachusetts
			 Register;
2. distributed
via
the Division's e-mail list-serve;
3. a posted written Declaration of Closure on
			 the Division's Legal Notice webpage; and
4. distributed by fax or e-mail to all
			 primary buyers of the quota managed species, permitted in accordance with
			 322
			 CMR 7.01(3):
Dealer
			 Permits
and
			 322
			 CMR 7.07:
Dealers Acting as Primary
			 Buyers.
(d)
Commercial Fishery Limit Adjustments for Quota Managed
			 Species
.
1. The Director may, by
			 declaration, adjust the manner and times of taking fish, legal size limits, as
			 well as the quantities of fish to be taken to prevent overages of the annual
			 Massachusetts quota or a period or seasonal allocation, to increase landings to
			 ensure available quota is taken, and to address issues resulting from limits
			 implemented by other states.
2.
Declaration Process
.
a. Adjustment has been approved by a majority
			 of the Massachusetts Marine Fisheries Advisory Commission;
b. A Notice of Declaration is filed with the
Massachusetts Register,
published in at least one newspaper,
			 emailed
via
the Division's email listserve and Declaration is
			 posted on the Division's legal notice website; and
c. A two-week comment period is conducted.
			 This comment period may be ongoing when a Declaration is issued. The Director
			 may adjust the Declaration, subject to the Declaration Process, based on
			 comment received during this comment period.
(e)
Initial Sale of Fish by a
			 Commercial Fisherman
. Except as authorized by a retail boat permit
			 or a bait dealer permit issued in accordance with M.G.L. c. 130, §§ 2
			 and 80, and
			 322
			 CMR 7.01(3):
Dealer
			 Permits
the initial sale of fish by any commercial fisherman shall be
			 to a seafood dealer, acting as the primary buyer, who is permitted and
			 authorized in accordance with M.G.L. c. 130, §§ 2 and 80, and
			 322
			 CMR 7.01(3):
Dealer
			 Permits
and
			 322
			 CMR 7.07:
Dealers Acting as Primary
			 Buyers.
(f)
Prohibition on the At-sea Transfer of Fish
. It shall
			 be unlawful for any commercial fisherman permitted in accordance with M.G.L. c.
			 130, §§ 2 and 80, and
			 322
			 CMR 7.01(2):
Commercial Fisherman Permits,
to transfer fish at-sea that are
			 regulated by trip limits at
			 322 CMR
			 6.00 between vessels while at sea in the waters under
			 the jurisdiction of the Commonwealth.
			 322
			 CMR 6.41(2)(f)  shall not
			 apply to any lawfully conducted harvest of bait fish that is transferred at sea
			 under the authority of a Bait Dealer Permit issued in accordance with M.G.L. c.
			 130, §§ 2 and 80, and
			 322
			 CMR 7.01(3):
Dealer
			 Permits.