Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 7.00 - Permits › Section 7.11 - Electronic Monitoring Requirements for Permit Holders

Current through Register 1525, July 5, 2024
(1)
Electronic Tracking Devices
			 for Commercial Lobster Permit Holders
.
(a)
Purpose
. In
			 2022, the Atlantic States Marine Fisheries Commission approved and implemented
			 Addendum XXIX to Amendment 3 to the Interstate Fishery Management Plan for
			 American Lobster and Addendum IV to the Jonah Crab Fishery Management Plan
			 pursuant to its authority at 16 USC 5100
et
			 seq
. These Addenda require the electronic tracking of all commercial
			 lobster and Jonah crab permit holders who hold a federal trap allocation
			 authorizing them to fish in waters under the jurisdiction of federal
			 government. The impetus for the electronic tracking program was to improve
			 spatial information available to fishery managers and scientists to support
			 critical data needs, particularly as it relates to offshore wind energy
			 development and other marine spatial planning initiatives, as well as right
			 whale conservation and entanglement risk reduction.
(b)
Definitions
. For
			 the purpose of
			 322
			 CMR 7.11(1), the following
			 terms shall have the following meanings:
Commercial Fishers
means those persons
				who hold a Coastal or Offshore Lobster Permit, issued in accordance with G.L.
				c. 130, §§37, 38, and 80 and
				322
				CMR 7.01(2), to fish with
				traps for American lobster and edible crabs and retain, possess or land
				American lobster and edible crabs for the purpose of sale, barter, or exchange
				or to keep for personal or family use.
Division
means the Division of Marine
				Fisheries.
Edible Crabs
means blue crabs,
Cancer
crabs, and other native species of crabs that are
				suitable for human consumption. This shall not include species of non-native
				crabs including, but not limited to, the European green crab (
Carcinus
				maenas
) or Asian shore crab (
Hemigraspus
				sanguineus
).
Electronic Tracking Device
means an
				electronic device approved by the Atlantic States Marine Fisheries Commission
				and used to track vessel location and collect and transmit this spatial data to
				the Division in compliance with Addendum XXIX to the Interstate Fishery
				Management Plan for American Lobster and Addendum IV to the Interstate Fishery
				Management Plan for Jonah Crabs.
Install
means to place and fix an
				electronic tracking device onboard a vessel so that it is operable and ready
				for use.
NOAA Fisheries
means the federal
				National Marine Fisheries Service within the National Oceanic and Atmospheric
				Administration of the United States Department of Commerce.
Tamper
means any activity that may
				affect an electronic tracking device's ability to operate or signal properly,
				or to accurately compute or report the vessel's position.
(c)
Requirements for Installation
			 and Activation of Electronic Tracking Devices
. Effective May
			 1,2023, an electronic tracking device shall be installed and activated prior to
			 beginning a lobster or edible crab fishing trip with trap gear onboard any
			 vessel named on a Coastal Lobster Permit or Offshore Lobster Permit issued by
			 the Division and that is also permitted by NOAA Fisheries, pursuant to
			 50 CFR §
										697.4, to fish trap gear for lobsters and
			 Jonah crabs in the Economic Exclusive Zone. Effective May 1, 2023, an
			 electronic tracking device shall be installed and activated onboard any vessel
			 named on a Coastal Lobster Permit or Offshore Lobster Permit issued by the
			 Division and that is also permitted by NOAA Fisheries, pursuant to
			 50 CFR §
										697.4, to fish trap gear for lobsters and
			 Jonah crabs in the Economic Exclusive Zone. All permit holders shall sign a
			 written affidavit confirming the electronic tracking device has been installed
			 in conformity with
			 322
			 CMR 7.11(1)(c).
(d)
Operability of Electronic
			 Tracking Devices
. Unless otherwise authorized by the Director, the
			 electronic tracking device shall remain onboard the vessel and powered on at
			 all times when the vessel is in the water.
(e)
Prohibitions
. It
			 shall be unlawful for commercial fishers to:
1. fish, haul, or set trap gear or possess or
			 land lobsters or edible crabs without an operable electronic tracking device,
			 if an electronic tracking device is required pursuant to
			 322
			 CMR 7.11(1)(c).
2. to tamper with any electronic tracking
			 device or signal submitted by the electronic tracking device.
3. to install any device other than an
			 electronic tracking device approved by the Atlantic States Marine Fisheries
			 Commission for the purposes of complying with
			 322
			 CMR 7.11.
(f)
Exemptions
. The
			 Director may issue a Letter of Authorization and Statement of Permit
			 Conditions, pursuant to M.G.L. c. 130, § 80 and
			 322
			 CMR 7.01(7), allowing permit
			 holders to power down their electronic tracking device or fish with an inactive
			 electronic tracking device. This authorization may only be issued in response
			 to a device failure, vessel haul-out, or other similar malfunction of the
			 vessel or the electronic tracking device. The authorization will be issued for
			 a discrete period of time that considers the nature of the anticipated
			 repair.