Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 7.00 - Permits › Section 7.01 - Form, Use and Contents of Permits

Current through Register 1525, July 5, 2024
(1)
Definitions
. For purposes of
			 322
			 CMR 7.01, unless the context requires
			 otherwise, the following words shall have the following meanings:
At-sea Processing
means to receive or
				transfer fish, fillet fish or shuck shellfish and/or freeze fish or shellfish.
				At-sea processing does not include the filleting of finfish for personal use as
				authorized pursuant to
				322
				CMR 6.41(2)(a):
Possession of Fish Parts by Commercial Fishers
; the
				evisceration of finfish, including the removal of codfish gonads and monkfish
				livers; the separating of monkfish tails from whole monkfish; and the shucking
				of bay scallops and sea scallops under the authority of a regulated fishery
				permit endorsement.
Bait
means marine organisms including,
				but not limited to, fish, shellfish and seaworms exclusively used to attract
				and harvest other fish and shellfish.
Commercial Fishing
means to take or
				harvest any fish or shellfish for purposes of sale, barter or exchange, or to
				keep for personal or family use any fish or shellfish taken under the authority
				of a commercial permit issued by the Director.
Commercial Purposes
means the
				possession or attempted possession of any fish or shellfish in connection with
				any person, business or other undertaking intended for sale, barter, exchange
				or other forms of profit, excluding for-hire recreational fishing businesses
				permitted in accordance with
				322
				CMR 7.10(5).
Director
means the Director of the
				Division of Marine Fisheries.
Harvest
means to catch, dig, take or
				attempt to catch, dig or take any fish, shellfish or bait.
Immediate Family
means a spouse,
				child, step child, adopted child, sibling, step sibling, adopted sibling,
				parent, step parent, adopted parent, grandparent, grandchild.
Land or Landing
as used in 322 CMR
				7.00, and in M.G.L. c. 130, § 80, means to transfer or attempt to transfer
				the catch of fish or shellfish from any vessel to any other vessel or onto any
				land, pier, wharf, dock or other artificial structure, or for a fishing vessel
				with any fish onboard to tie-up to any dock, pier or other artificial
				structure.
Mobile Device
means any electronic
				device that can be carried on one's person, such as a smartphone, which is
				capable of displaying a true, complete and legible image of a current and valid
				permit issued by the Division.
Mobile Gear
means any movable fishing
				gear or nets which are set, towed, hauled, or dragged through the water for the
				harvest of fish, squid, and shellfish including, but not limited to, otter
				trawls, beam trawls, bottom and mid-water pair trawls, Scottish seines, Danish
				seines, pair seines, purse seines, and sea scallop dredges. For the purpose of
				322
				CMR 7.01, mobile gear does not include surf
				clam and ocean quahog dredges, bay quahog dredges or the use of moveable
				fishing gear by shellfish fishers authorized under a local permit to take
				shellfish and are fishing only within those city or town waters.
Non-commercial
means the harvest of
				fish, shellfish or bait for purposes of personal or family use only and not for
				purposes of sale, barter or exchange.
Online System
means the online
				permitting systems for the issuance of permits issued by the Division of Marine
				Fisheries accessible
via
the agency's website.
Possession or to Possess
means to have
				custody or control of, or to handle or hold.
Recreational Fishing
means the
				non-commercial taking or attempted taking of finfish for personal or family
				use, sport or pleasure which are not sold, bartered, or exchanged.
Registered Length
means that length
				set forth in either the U.S. Coast Guard or Massachusetts Boat and Recreational
				Vehicle Safety Bureau, whichever is applicable.
Shellfish
means clams, conchs,
				limpets, mussels, oysters, periwinkles, quahogs, razor clams, bay scallops, sea
				scallops, surf clams, ocean quahogs and winkles.
Vessel
means any commercial fishing
				vessel, boat, ship or other water craft registered under the laws of the
				Commonwealth (state) as defined in M.G.L. c. 130, § 1, and which is used
				exclusively to harvest fish or shellfish for purposes of sale, barter or
				exchange, and shall include any vessel documented under the laws of the United
				States to carry passengers for hire exclusively to harvest fish or
				shellfish.
(2)
Commercial Fishing Permits
. In order to harvest,
			 possess or land fish, shellfish or bait for commercial purposes, the following
			 permits are required for the following fishing activities:
(a)
Coastal Lobster
.
			 Issued to a named individual in accordance with
			 322
			 CMR 7.01 authorizing the possession and
			 landing of lobster and fish for commercial purposes from waters within the
			 jurisdiction and authority of the Commonwealth in accordance with M.G.L. c.
			 130, § 38B and
			 322
			 CMR 7.01. This permit may be endorsed for the
			 harvest, possession and landing of shellfish and seaworms for commercial
			 purposes. The permit shall include a restriction that memorializes the permit
			 holders declaration of the ASMFC Lobster Management Areas the permit holder
			 will fish during a calendar year. If the permit authorizes fishing in more than
			 one area, the permit shall be subject to the most restrictive ASMFC lobster
			 management regulations governing the permitted fishing area, as set forth in
			 322
			 CMR 6.02(2):
Maximum
			 and Minimum Sizes
and
			 322
			 CMR 6.02(5):
V-notched Female Lobster Protection
.
(b)
Offshore
			 Lobster
. Authorizes the possession and landing of lobsters
			 harvested from waters outside the jurisdiction of the Commonwealth using a
			 vessel registered under the laws of the state and validly endorsed for FCZ
			 fishing. This permit shall be further endorsed for gear type to enhance
			 management, reporting, and enforcement of gear-specific trip limits by
			 requiring a non-trap endorsement for those permit holders fishing with non-trap
			 gear; permits fished with trap gear will be the default category and not
			 require a distinct endorsement. Offshore lobster permit holders or users may
			 not also hold, use or have on board an individual non-commercial or family
			 non-commercial lobster permit. The permit shall include a restriction that
			 memorializes the permit holders declaration of the ASMFC Lobster Management
			 Areas the permit holder will fish during a calendar year. If the permit
			 authorizes fishing in more than one area, the permit shall be subject to the
			 most restrictive ASMFC lobster management regulations governing the permitted
			 fishing area, as set forth in
			 322
			 CMR 6.02(2):
Maximum
			 and Minimum Sizes
and
			 322
			 CMR 6.02(5):
V-notched Female Lobster Protection
.
(c)
Boat 100 Feet or
			 Greater
. Authorizes the harvest, possession and landing of fish
			 for commercial purposes using a vessel 100 feet registered length or greater.
			 Said permits shall authorize the crew of said vessel to fish under its
			 authority and may be endorsed upon request of the applicant for the harvest,
			 possession and landing of shellfish and seaworms for commercial
			 purposes.
(d)
Boat 60
			 to 99 Feet
. Authorizes the harvest, possession and landing of fish
			 for commercial purposes using a vessel from 60 to 99 feet registered length.
			 Said permit shall authorize the crew of the vessel to fish under its authority
			 and may be endorsed upon request of the applicant for the harvest, possession
			 and landing of shellfish and seaworms for commercial purposes.
(e)
At-sea
			 Processing
. A special permit is required for the commercial at-sea
			 processing of fish or shellfish within the waters under the jurisdiction of the
			 Commonwealth. This permit is not required for the evisceration of finfish,
			 including the removal of cod gonads and monkfish livers; the removal of
			 monkfish tails from monkfish; the shucking of bay scallops and sea scallops
			 under the authority of a bay scallop or sea scallop shucking regulated fishery
			 permit endorsement; or to keep fish parts for personal use as authorized
			 pursuant to
			 322
			 CMR 6.41(2)(a):
Possession of Fish Parts by Commercial Fishers
.
(f)
Special Biomedical Horseshoe
			 Crab Harvest Permit
. For a named individual to harvest horseshoe
			 crabs exclusively for use by the biomedical industry for the manufacturing of
			 limulus lysate or for sale to a permitted scientific institution for the
			 purpose of research. The holder of a biomedical harvest permit shall not also
			 hold a horseshoe crab harvest regulated fishery permit endorsement.