Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.04 - Atlantic Bluefin Tuna

Current through Register 1525, July 5, 2024
(1)
Preamble
. In 1974, the Massachusetts Division of
			 Marine Fisheries promulgated regulations governing the taking, landing and sale
			 of Atlantic bluefin tuna.
			 322 CMR
			 6.00 imposed reporting requirements on tuna fishers,
			 limited the size of the total catch permitted in Massachusetts, and limited the
			 number of vessels in the purse seine fishery for Atlantic bluefin tuna to those
			 vessels which operated in that fishery prior to 1964.
In 1975, Congress enacted the Atlantic Tunas Convention Act,
				16 U.S.C.
				971,
et seq.
, (ATCA).
				Regulations promulgated pursuant to ATCA established federal reporting
				requirements, annual catch limits, and an inspection and certification scheme
				for tuna purse seine vessels (50 CFR Part 285).
Pursuant to 50 CFR 285.8, federal regulations
				were made applicable within Massachusetts territorial waters. In 1976,
				Massachusetts deleted all provisions of its 1974 regulations with the exception
				of the limit on the number of fishing vessels in the purse seine fishery for
				Atlantic bluefin tuna, and extended a provision to cover those purse seine
				vessels operating in the fishery prior to 1974.
On June 22, 1979, the United States Department of Commerce,
				National Oceanic and Atmospheric Administration, National Marine Fisheries
				Service, (NMFS) published an interpretation of its regulations
vis-a-vis
the Massachusetts regulations stating that the
				application of federal regulations in state waters is not intended to prevent
				the application of state regulations which when concurrently applied do not
				conflict with federal regulations, and are not inconsistent with conservation
				and management of Atlantic bluefin tuna under recommendations made by the
				International Commission for the Conservation of Atlantic Tunas (44 Fed. Reg.
				122, 50 CFR
				285). This interpretation concluded by
				stating "No effort has been made in our continuing review of laws and
				regulations to prevent the concurrent application of regulations such as the
				Massachusetts limited entry scheme for tuna purse seine vessels." (44 Fed. Reg.
				at 3639).
As of 2020, the Division of Marine Fisheries no longer issues
				any regulated fishery permit endorsements authorizing the use of purse seines
				for bluefin tuna. Accordingly, this activity is now prohibited within the
				waters under the jurisdiction of the Commonwealth.
(2)
Definitions
. For
			 the purposes of 322 CMR 6.04, and unless the context requires otherwise, the
			 following words shall have the following meanings:
Director
means the Director of the
				Massachusetts Division of Marine Fisheries, or his or her agents or
				representatives.
Division
means the Massachusetts
				Division of Marine Fisheries.
Fish For
means to harvest, catch,
				take or encircle, or attempt to harvest, catch, take or encircle any tuna by
				means of a purse seine.
Tuna
means that species of Atlantic
				bluefin tuna, Thunnus thynnus thynnus, irrespective of size, weight or
				classification.
(3)
Prohibition
. It shall be unlawful to fish for tuna by
			 means of any net, including purse seines, within the waters under the
			 jurisdiction of the Commonwealth. Except tuna may be taken in fish traps
			 authorized pursuant to M.G.L. c. 130, § 29 as an incidental catch only.
			 The Director shall have the right to inspect any authorized fish trap if it is
			 determined that the fish trap has been set or is being specifically operated to
			 take and trap tuna, and the Director may modify the trap construction and its
			 operations if deemed appropriate.
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(4)
Vessel Registration
. Vessels intending to fish for
			 tuna by means of a purse seine must have on board the following authorizations:
(a)
Commercial Fisherman
			 Permit
. This permit authorizes an individual to fish for tuna for
			 commercial purposes within the territorial waters of the Commonwealth, and
			 shall be issued in the name of the applicant.
(b)
Regulated Fishery
			 Permit
. This permit authorizes an individual to fish for tuna by
			 means of a purse seine within the territorial waters of the Commonwealth, shall
			 be issued in the name of the applicant and validated for use on board one named
			 purse seine vessel only.
(c)
Conditions
. Each regulated fishery permit issued may
			 be accompanied by a Statement of Conditions to be determined by the Director
			 relative to the use of that permit. Said conditions may include, but are not
			 limited to:
1. the days or hours in which
			 tuna fishing may be authorized;
2.
			 the areas where tuna fishing may be authorized;
3. the quantity of purse seine gear to be
			 used, and the manner in which it may be used;
4. requirements for accommodating state
			 observers on board any registered purse seine vessel; and
5. reporting requirements for any registered
			 purse seine vessel.
All conditions shall be subject to change by the Director and
				shall be effective upon written notice to the holder of the regulated fishery
				permit to which the Statement of Conditions apply.
(d)
Requirements
. In
			 order to be eligible for a regulated fishery permit pursuant to
			 322 CMR
			 7.01(4)(a):
Regulated Fishery
an applicant must submit with the
			 application a vessel allocation evidencing that the applicant has been given a
			 tuna purse seine allocation.
(e)
Validation
. A regulated fishery permit shall be
			 validated in the name of the purse seine vessel named in the vessel allocation.
			 In the event of loss or damage to the vessel, change of vessel name, or
			 replacement of the vessel, the regulated fishery permit shall become void and
			 inoperative. In order to obtain a new regulated fishery permit the individual
			 must make new application pursuant to
			 322 CMR
			 7.01:
Form, Use and Contents of
			 Permits
and have the permit validated in the name of the new
			 vessel.
(f)
Signature
. Each permit and the Statement of Conditions
			 issued pursuant to
			 322 CMR
			 7.01:
Form, Use and Contents of
			 Permits
shall be signed by the applicant. The signature of the
			 applicant shall constitute notice of 322 CMR 6.04(4)(f) and the Statement of
			 Conditions issued, and shall constitute an express agreement to abide
			 thereby.
(g)
Display
. All permits and the Statement of Conditions
			 issued pursuant to
			 322 CMR
			 7.01:
Form, Use and Contents of
			 Permits
shall be carried on board the registered purse seine vessel
			 during all aspects of tuna fishing operations, and shall be produced upon
			 demand by any individual authorized to enforce 322 CMR.