322 CMR, § 6.41

Current through Register 1533, October 25, 2024

Section 6.41 - The Further Regulation of Possession and Size Limits

(1)Definitions. For the purpose of 322 CMR 6.41, the following terms and words shall have the following meanings:

At-sea Processing means to receive or transfer, fillet or shuck, and freeze any finfish or shellfish within the waters under the jurisdiction of the Commonwealth, including on any vessels that are moored, tied to other vessels or docked at a pier or other artificial structure.

Domicile means a place of permanent residence.

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.

Patron shall mean any person(s) who have paid a fare or brokered an agreement to conduct recreational angling onboard a vessel and is not a paid employee of the captain or vessel owner.

Personal Use means for personal or familial consumption and not for sale, barter or exchange.

Quota Managed Species means any species for which the Division of Marine Fisheries manages commercial fisheries by an annual quota that corresponds to Massachusetts annual share quota for that species as established by federal or interstate fishery management plans. Examples of quota managed species include, but are not limited to, striped bass, bluefish, black sea bass, scup, fluke, menhaden and horseshoe crabs.

Temporary Residence means any place where an individual may reside on a temporary basis including, but not limited to, hotels, motels, campgrounds, and rental properties.

(2)Commercial Fishing.

(a)Possession of Fish Parts by Commercial Fishermen. When commercial fishermen, permitted pursuant to 322 CMR 7.01(2): Commercial Fisherman Permits, are authorized at 322 CMR to fillet or mutilate fish at sea for personal use, those fillets and parts of fish will be multiplied by three to determine compliance with species specific commercial possession limits at 322 CMR. 322 CMR 6.41(2) shall not apply to whole-gutted or gilled fish, cod parts regulated at 322 CMR 6.03(3)(b) and 322 CMR 6.03(6) and monkfish parts regulated at 322 CMR 6.03(10). Commercial fishermen may keep for personal use up to 25 pounds of fillets per person onboard the vessel, except for striped bass, which may not be mutilated.

(b) Trip Limits for All Quota Managed Species. Except as otherwise specifically provided for in any provision of 322 CMR, all possession limits shall be applied to the vessel per calendar day, regardless of the number of commercial fishing permits or letters of authorization carried onboard the vessel.

Exception: Possession limits for quota managed species do not apply to transport vessels which are transporting said species for authorized primary buyers under a letter of authorization issued by the Director.

(c)Procedure to Close Quota and Quota Managed Fisheries. To prevent an overage of the annual Massachusetts quota or a period or seasonal quota allocation, when the Director projects that 100% of an annual Massachusetts quota or a period or seasonal allocation will be landed, based upon data compiled by the Division, the Director shall issue a Declaration of Closure to close the fishery. This Declaration of Closure shall set forth the closure date for the quota managed fishery. A written copy of the Declaration of Closure shall be:

1. Filed with the Secretary of the Commonwealth, for publication in the Massachusetts Register;

2. distributed via the Division's e-mail list-serve;

3. a posted written Declaration of Closure on the Division's Legal Notice webpage; and

4. distributed by fax or e-mail to all primary buyers of the quota managed species, permitted in accordance with 322 CMR 7.01(3): Dealer Permits and 322 CMR 7.07: Dealers Acting as Primary Buyers.

(d)Commercial Fishery Limit Adjustments for Quota Managed Species.

1. The Director may, by declaration, adjust the manner and times of taking fish, legal size limits, as well as the quantities of fish to be taken to prevent overages of the annual Massachusetts quota or a period or seasonal allocation, to increase landings to ensure available quota is taken, and to address issues resulting from limits implemented by other states.

2.Declaration Process.

a. Adjustment has been approved by a majority of the Massachusetts Marine Fisheries Advisory Commission;

b. A Notice of Declaration is filed with the Massachusetts Register, published in at least one newspaper, emailed via the Division's email listserve and Declaration is posted on the Division's legal notice website; and

c. A two-week comment period is conducted. This comment period may be ongoing when a Declaration is issued. The Director may adjust the Declaration, subject to the Declaration Process, based on comment received during this comment period.

(e)Initial Sale of Fish by a Commercial Fisherman. Except as authorized by a retail boat permit or a bait dealer permit issued in accordance with M.G.L. c. 130, §§ 2 and 80, and 322 CMR 7.01(3): Dealer Permits the initial sale of fish by any commercial fisherman shall be to a seafood dealer, acting as the primary buyer, who is permitted and authorized in accordance with M.G.L. c. 130, §§ 2 and 80, and 322 CMR 7.01(3): Dealer Permits and 322 CMR 7.07: Dealers Acting as Primary Buyers.

(f)Prohibition on the At-sea Transfer of Fish. It shall be unlawful for any commercial fisherman permitted in accordance with M.G.L. c. 130, §§ 2 and 80, and 322 CMR 7.01(2): Commercial Fisherman Permits, to transfer fish at-sea that are regulated by trip limits at 322 CMR 6.00 between vessels while at sea in the waters under the jurisdiction of the Commonwealth. 322 CMR 6.41(2)(f) shall not apply to any lawfully conducted harvest of bait fish that is transferred at sea under the authority of a Bait Dealer Permit issued in accordance with M.G.L. c. 130, §§ 2 and 80, and 322 CMR 7.01(3): Dealer Permits.

(3)Recreational Fishing.

(a)Filleting Catch.

1.Black Sea Bass and Scup. Recreational fishermen may fillet black sea bass and scup, provided the recreational fisherman complies with the following conditions to determine compliance with the daily recreational bag limits:

a. it shall be unlawful to possess a fillet that does not have all the skin affixed until the recreational fisherman reaches their domicile or temporary residence; and

b. it shall be unlawful to possess more than two times the number of fillets than the recreational bag limits for black sea bass and scup specified at 322 CMR 6.28.

2.Groundfish Species. Recreational fishermen may fillet any groundfish species, managed under the authority of 322 CMR 6.03, provided the recreational fisherman complies with the following conditions to determine compliance with the daily recreational bag limits:

a. it shall be unlawful to possess a fillet that does not have at least two inches of skin affixed to the fillet until the recreational fisherman reaches their domicile or temporary residence; and

b. it shall be unlawful for any person or vessel to posses more than two times the number of fillets than the species specific possession limits at 322 CMR 6.03.

(b)Comingling of Recreational Catch. In instances where recreational fishermen have comingled their catch, the comingled catch will be divided by the number of anglers onboard the vessel to determine compliance with per angler or per vessel bag limits and fillet limits.

(c)Liability for Violations Onboard For-hire Recreational Vessels. With respect to recreational for-hire fishing operations permitted in accordance with 322 CMR 7.10(5): Permit Requirements Applicable to For-hire Vessels, an individual patron, as well as the named for-hire permit holder or for-hire vessel operator, may each be held liable for any violations of recreational size, possession or daily bag limits established at 322 CMR that are attributable to the patron fishing onboard the for-hire recreational fishing vessel.

(4)Rules regarding the Combining of Commercial and Recreational Fishing Activity.

(a) It shall be unlawful for any persons to engage in recreational fishing during the same trip when fishing is occurring under the authority of a commercial fishing permit, issued in accordance with 322 CMR 7.01(2): Commercial Fisherman Permits. If an individual is in possession of fish taken under the authority of a commercial fisherman permit, then all fish in their possession or onboard the vessel must conform with the species specific commercial fishing seasons, size limits and bag limits established at 322 CMR 6.00.

(b) If a commercial fisherman permit is issued to a person, or a person onboard the vessel, or for use onboard the vessel and any such person possesses fish in a quantity that exceeds the recreational fishing limits set forth at 322 CMR 6.00, then it shall be prima facie evidence of a violation of 322 CMR 6.41(4)(a).

(c) All fishing conducted under a recreational for-hire fishing permit issued in accordance with 322 CMR 7.10: Recreational Saltwater Fishing Permits, shall adhere to the recreational fishing limits set forth at 322 CMR 6.00. It shall be unlawful to fish under the authority of a commercial fisherman permit issued in accordance with 322 CMR 7.01(2) Commercial Fisherman Permits and the applicable regulated commercial fishery regulations at 322 CMR 6.00 while onboard a for-hire vessel taking patrons recreationally fishing.

(d)Exemption for Atlantic Bluefin Tuna and Swordfish Caught during Recreational Trip. A person or for-hire vessel may retain, possess and sell Atlantic bluefin tuna or swordfish taken by rod and reel gear during the same trip when recreational fishing is occurring.