Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.28 - Black Sea Bass Fishery Management

Current through Register 1525, July 5, 2024
(1)
Definitions
.
Black Sea Bass
means that species of
				fish known as
Centropristis striata
.
Black Sea Bass Pot
means any pot or
				trap that has six sides and at least two unobstructed escape vents or openings
				in the parlor section that are at least 2½ inches diameter, two inches
				square or 1 3/8 inches by 5¾ inches, and is set on the bottom of the
				ocean and designed to capture black sea bass.
Black Sea Bass Pot Regulated Fishery
				Endorsement
means those limited entry regulated fishery permit
				endorsements, issued and managed pursuant to M.G.L. c. 130, §§ 2 and
				80, and
				322
				CMR 7.01(4)(a):
Regulated Fishery Permit Endorsement
and
				322
				CMR 7.06:
Transfer of Limited Entry
				Permits
, that authorize a named individual to use black sea bass pots
				for the taking of black sea bass for commercial purposes.
Black Sea Bass Regulated Fishery
				Endorsement
means those limited entry regulated fishery permit
				endorsements, issued and managed pursuant to M.G.L. c. 130, §§ 2 and
				80, and
				322
				CMR 7.01(4)(a):
Regulated Fishery Permit Endorsement
and
				322
				CMR 7.06:
Transfer of Limited Entry
				Permits
, that authorize a named individual to harvest, possess and
				land black sea bass for commercial purposes.
Commercial Fishermen
means any person
				fishing under the authority of a permit issued in accordance
				322
				CMR 7.01(2)
Commercial Fisherman Permits
for the purposes of sale, barter,
				or exchange, or to keep for personal use or family use any fish or shellfish
				caught under the authority of the commercial fisherman permit.
Commercial Black Sea Bass Quota
means
				the allowable annual Massachusetts commercial harvest of black sea bass
				pursuant to the ASMFC Interstate Scup, Black Sea Bass and Summer Flounder
				Management Plan.
Dealer
means any wholesale or retail
				seafood dealer permitted by the Director pursuant to M.G.L. c. 130, § 80
				and 322 CMR
				7.01(3):
Dealer
				Permits
.
Director
means the Director of the
				Division of Marine Fisheries.
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.
Mobile Gear
means any moveable 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, pair trawls, otter
				trawls, beam trawls, mid-water trawls, Scottish seines, Danish seines, pair
				seines, purse seines or shellfish dredges.
Recreational Fishermen
means any
				person who harvesters or attempts to harvest fish for personal or family use,
				sport or pleasure, and which are not sold, bartered or exchanged.
Total Length
means the greatest
				straight line length, in inches, measured on a fish with its mouth closed from
				the anterior most tip of the jaw or snout to the farthest extremity of the
				tail. For fish with a forked tail, the upper and lower fork may be squeezed
				together to measure the tail extremity.
Trawl
means any mobile 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, and pair
				trawls.
(2)
Commercial Fishery Management
.
(a)
Permit
			 Requirements
. A regulated fishery black sea bass permit
			 endorsement or black sea bass pot permit endorsement, issued by the Director
			 pursuant to
			 322
			 CMR 7.01(4)(a):
Regulated Fishery Permit Endorsement
, is required to sell,
			 barter, or exchange black sea bass or to fish for, retain, possess or land
			 black sea bass in accordance with the black sea bass commercial fishery
			 regulations at
			 322
			 CMR 6.28(2).
(b)
Minimum Size
. It
			 is unlawful for any commercial fisherman or dealer to possess black sea bass
			 less than 12 inches in total length, not including the tail tendril.
(c)
Possession and Landing
			 Limits
. It shall be unlawful for any commercial fisherman to
			 retain, possess, land or sell, barter, or exchange black sea bass, except as
			 authorized at
			 322
			 CMR 6.28(2)(c)1. through 5.:
1.
Winter Catch
			 Allowance
. From January 1st through
			 March 31st, it shall be unlawful for a commercial
			 fisherman to possess or land more than 100 pounds of black sea bass.
2.
Weirs
. From April
			 1st through December
			 31st, commercial fisherman permitted in accordance
			 with 322 CMR
			 7.01(4)(a):
Regulated Fishery Permit Endorsement
to operate a fish weir,
			 shall not be subject to daily possession limits or closed commercial fishing
			 days for black sea bass caught in fish weirs. The weir fishery shall close when
			 all permitted weir fishermen have combined to land 24,000 pounds of black sea
			 bass or the commercial black sea bass quota is taken and the fishery is closed
			 in accordance with
			 322
			 CMR 6.28(2)(c)6.
3.
Black Sea Bass Bycatch
			 Allowance for Trawlers
. Beginning on April 23rd
				commercial fishermen using trawl gear may retain, possess, or
			 land up to 100 pounds of black sea bass during any calendar day or trip,
			 whichever period of time is longer.
4.
Summertime Black Sea Bass Pot
			 Fishery
.
a. Beginning on July
			 1st, it shall be unlawful for commercial fishermen
			 permitted to fish black sea bass pots to retain, posses, and land more than 500
			 pounds of black sea bass taken by black sea bass pots during any calendar day
			 or trip, whichever period of time is longer.
b. Provided DMF projects more than 15% of the
			 quota remains available on September 15th, during
			 the period of September 15th through December
			 31st, it shall be unlawful for commercial fishermen
			 to permitted to fish black sea bass pots to retain, possess, or land more than
			 600 pounds of black sea bass taken by black sea bass pot during any calendar
			 day or trip, whichever period of time is longer. If DMF projects 15% of the
			 quota or less remains on September 15th, the limits
			 provided at
			 322
			 CMR 6.28(2)(c)4.a. shall
			 apply.
c. During the period of July
			 1st through September
			 14th, it shall be unlawful for commercial fishermen
			 using black sea bass pots to retain, possess, or land black sea bass on Fridays
			 and Saturdays.
d. Beginning on
			 September 15th, commercial fishermen using black sea
			 bass pots may retain, possess, and land black sea bass seven days per
			 week.
5.
Other Gear Types
.
a.
			 Beginning on July 1st, it shall be unlawful for
			 commercial fishermen using all other authorized gear types, including but not
			 limited to hook and line, to retain, possess, and land more than 250 pounds of
			 black sea bass caught during any calendar day or trip, whichever period of time
			 is longer.
b. Provided DMF projects
			 more than 15% of the quota remains on September
			 15th, during the period of September
			 15th through December
			 31st, it shall be unlawful for commercial fishermen
			 using all other authorized gear types, including but not limited to hook and
			 line, to retain, possess, or land more than 300 pounds of black sea bass caught
			 during any calendar day or trip, whichever period of time is longer. If DMF
			 projects 15% of the quota or less remains on September
			 15th, the limits provided at
			 322
			 CMR 6.28(2)(c)5.a. shall
			 apply.
c. During the period of July
			 1st through September
			 14th, it shall be unlawful for commercial fishermen
			 using all other authorized gear types, including but not limited to hook and
			 line, to retain, possess, or land black sea bass on Fridays and
			 Saturdays.
d. Beginning September
			 15th, commercial fishermen using all other
			 authorized gear types, including but not limited to hook and line, may retain,
			 possess, and land black sea bass seven days per week.
e. The regulations set for that
			 322
			 CMR 6.28(2)(c)5. shall not
			 apply to commercial fishermen fishing with weirs, trawls, and black sea bass
			 pots regulated pursuant to
			 322
			 CMR 6.28(2)(c)2. through
			 4.
6.
Quota
			 Closure
. It shall be unlawful for commercial fishermen to possess
			 or land black sea bass once the Director has determined that 100% of the annual
			 commercial black sea bass quota has been reached. The quota closure will be
			 enacted and announced in accordance with the procedure set forth at
			 322
			 CMR 6.41(2)(c).