Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 6.00 - Regulation of Catches › Section 6.22 - Summer Flounder (Fluke) Restrictions

Current through Register 1525, July 5, 2024
(1)
Definitions
. For the purposes of
			 322
			 CMR 6.22, the following terms shall have the
			 following meanings.
Commercial Fisher
means any person
				permitted in accordance with M.G.L. c. 130, § 80 and
				322
				CMR 7.01(2) to retain,
				possess, and land summer flounder for purpose of sale, barter, or exchange or
				who keeps for personal or family use any summer flounder taken under the
				authority of said permit.
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.
Land
means to transfer or attempt to
				transfer the catch of summer flounder 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 summer flounder onboard to tie-up to any pier, wharf,
				dock, or artificial structure.
Period I
means the commercial fishery
				for summer flounder occurring between January 1st
				and April 22nd.
Period II
means the commercial fishery
				for summer flounder occurring between April 23rd and
				December 31st.
Quota
means the Commonwealth's share
				of the annual commercial summer flounder quota adopted by the Atlantic States
				Marine Fisheries Commission.
Recreational Fisher
means any person
				who harvests or attempts to harvest fish for personal or family use, sport or
				pleasure, which are not to be sold, bartered, or exchanged.
Summer Flounder
means fluke or that
				species of fish known as
Paralichthys dentatus
.
Trip
means that period of time that
				begins when a fishing vessel departs from a dock, berth, beach, seawall, ramp
				or port to carry out commercial fishing operations and that ends with a return
				to a dock, berth seawall, ramp or port.
Trip Limit
means the maximum lawful
				amount of summer flounder that a commercial fisher may retain, possess, or land
				within the waters under the jurisdiction of the Commonwealth or sell, barter or
				exchange or offer for sale, barter, or exchange. Trip limits apply per trip or
				per calendar day, whichever period of time is longer and are applied to the
				vessel named on the commercial fishing permit regardless of the number of
				commercial fishing permits or letters of authorization carried on board the
				vessel.
(2)
Commercial Fishery
(a)
Minimum Size
. It
			 shall be unlawful for any commercial fisher to retain, possess, or land summer
			 flounder less than 14 inches in total length.
(b)
Seasonal Quota
			 Allocations
. Annually, the quota shall be split with a target
			 allocation of 30% to the Period I fishery and 70% allocated to the Period II
			 fishery. Any unused portion of the quota from Period I may be re-allocated to
			 Period II. Overharvest of either period allocation may be deducted from the
			 corresponding period in the following year.
(c)
Period I (January
			 1st through April
			 22nd)
.
1. From January
			 1st through April 22nd,
			 or until DMF determines 30% of the quota has been reached, whichever occurs
			 sooner, the trip limit for any commercial fisher shall be 5,000
			 pounds.
2. Once DMF determines 30%
			 of the quota has been reached, the trip limit for any commercial fisher shall
			 be 100 pounds.
3. Subject to an
			 annual authorization from the Director, vessels landing in Massachusetts may
			 possess summer flounder in quantities exceeding the limits at
			 322
			 CMR 6.22(2)(c)  1. and 2.,
			 provided the non-conforming fish is to be landed in another state, is clearly
			 labeled identifying the state it is to be landed in, and it remains on the
			 vessel while the Massachusetts limit is being landed.
(d)
Period II (April
			 23rd through December
			 31st)
.
1.
Commercial Fishing with
			 Nets
. From April 23rd through September
			 30th, the trip limit for a commercial fisher using
			 nets shall be 600 pounds.
a. Should DMF
			 determine that 75% of the annual quota is taken on or before August
			 1st, then the trip limit for a commercial fisher
			 using nets shall be reduced to 400 pounds.
b. If on September
			 1st, DMF determines that less than 80% of the annual
			 quota is taken, then the trip limit for a commercial fisher using nets shall be
			 increased to 800 pounds.
2.
Commercial Fishing with Hook
			 and Line Gear
. From April 23rd through
			 September 30th, the trip limit for a commercial
			 fisher using hook and line gear shall be 400 pounds.
a. Should DMF determine that 75% of the
			 annual quota is taken on or before August 1st, then
			 the trip limit for a commercial fisher using nets shall be reduced to 200
			 pounds.
b. If on September
			 1st, DMF determines that less than 80% of the annual
			 quota is taken, then the trip limit for a commercial fisher using nets shall be
			 increased to 800 pounds.
3.
All Gear from October
			 1st through December
			 31st
. Provided DMF determines more than
			 10% of the quota remains available on October 1st,
			 from October 1st through December
			 31st, the trip limit for any commercial fisher,
			 regardless of gear type used, shall be 5,000 pounds. If DMF determines 10% of
			 the quota or less remains on October 1st, the trip
			 limit for any commercial fisher, regardless of gear type used, shall be 800
			 pounds.
Subject to an annual authorization from the Director, vessels
				landing in Massachusetts may possess summer flounder in quantities exceeding
				the limits at
				322
				CMR 6.22(2)(d)4., provided
				the non-conforming fish is to be landed in another state, is clearly labeled
				identifying the state it is to be landed in, and it remains on the vessel while
				the Massachusetts limit is being landed.
4.
Summer Flounder Limits for
			 Vessels Fishing with Small Mesh Trawls
. The trip limit shall be
			 100 pounds for any commercial fisher fishing with trawl gear and using a net
			 with net mesh less than 5.5" diamond or 6" square throughout the cod end of the
			 net.
(e)
Quota Closure
. It shall be unlawful for any commercial
			 fisher to retain, possess, land, sell, barter, or exchange or offer for sale,
			 barter, or exchange any summer flounder once the Director has determined that
			 100% of the commercial summer flounder 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).
(f)
Offloading
			 Prohibition
. It is unlawful for commercial fisher to offload or
			 attempt to offload summer flounder from 10:00 P.M. through 6:00 A.M.
(g)
Inspection
.
			 Commercial fishers shall keep all summer flounder separate from the rest of the
			 vessel's catch and readily available for immediate inspection by the Office of
			 Law Enforcement.
(h)
Requirements for Dealers
. All dealers authorized as
			 primary buyers permitted in accordance with M.G.L. c. 130,
			 322
			 CMR 7.01(3):
Dealer
			 Permits
and
			 322
			 CMR 7.07:
Dealers Acting as Primary
			 Buyers
shall obtain a federal dealer permit from the National Marine
			 Fisheries Service to purchase summer flounder directly from commercial fishers
			 during the Period I commercial summer flounder fishery.