322 Mass. Reg. 7.01

Current through Register 1521, May 10, 2024

Section 7.01 - Form, Use and Contents of Permits

(1)Definitions. For purposes of 322 CMR 7.01, unless the context requires otherwise, the following words shall have the following meanings:

At-sea Processing means to receive or transfer fish, fillet fish or shuck shellfish and/or freeze fish or shellfish. At-sea processing does not include the filleting of finfish for personal use as authorized pursuant to 322 CMR 6.41(2)(a): Possession of Fish Parts by Commercial Fishers; the evisceration of finfish, including the removal of codfish gonads and monkfish livers; the separating of monkfish tails from whole monkfish; and the shucking of bay scallops and sea scallops under the authority of a regulated fishery permit endorsement.

Bait means marine organisms including, but not limited to, fish, shellfish and seaworms exclusively used to attract and harvest other fish and shellfish.

Commercial Fishing means to take or harvest any fish or shellfish for purposes of sale, barter or exchange, or to keep for personal or family use any fish or shellfish taken under the authority of a commercial permit issued by the Director.

Commercial Purposes means the possession or attempted possession of any fish or shellfish in connection with any person, business or other undertaking intended for sale, barter, exchange or other forms of profit, excluding for-hire recreational fishing businesses permitted in accordance with 322 CMR 7.10(5).

Director means the Director of the Division of Marine Fisheries.

Harvest means to catch, dig, take or attempt to catch, dig or take any fish, shellfish or bait.

Immediate Family means a spouse, child, step child, adopted child, sibling, step sibling, adopted sibling, parent, step parent, adopted parent, grandparent, grandchild.

Land or Landing as used in 322 CMR 7.00, and in M.G.L. c. 130, § 80, means to transfer or attempt to transfer the catch of fish or shellfish 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 fish onboard to tie-up to any dock, pier or other artificial structure.

Mobile Device means any electronic device that can be carried on one's person, such as a smartphone, which is capable of displaying a true, complete and legible image of a current and valid permit issued by the Division.

Mobile Gear means any movable fishing gear or nets which are set, towed, hauled, or dragged through the water for the harvest of fish, squid, and shellfish including, but not limited to, otter trawls, beam trawls, bottom and mid-water pair trawls, Scottish seines, Danish seines, pair seines, purse seines, and sea scallop dredges. For the purpose of 322 CMR 7.01, mobile gear does not include surf clam and ocean quahog dredges, bay quahog dredges or the use of moveable fishing gear by shellfish fishers authorized under a local permit to take shellfish and are fishing only within those city or town waters.

Non-commercial means the harvest of fish, shellfish or bait for purposes of personal or family use only and not for purposes of sale, barter or exchange.

Online System means the online permitting systems for the issuance of permits issued by the Division of Marine Fisheries accessible via the agency's website.

Possession or to Possess means to have custody or control of, or to handle or hold.

Recreational Fishing means the non-commercial taking or attempted taking of finfish for personal or family use, sport or pleasure which are not sold, bartered, or exchanged.

Registered Length means that length set forth in either the U.S. Coast Guard or Massachusetts Boat and Recreational Vehicle Safety Bureau, whichever is applicable.

Shellfish means clams, conchs, limpets, mussels, oysters, periwinkles, quahogs, razor clams, bay scallops, sea scallops, surf clams, ocean quahogs and winkles.

Vessel means any commercial fishing vessel, boat, ship or other water craft registered under the laws of the Commonwealth (state) as defined in M.G.L. c. 130, § 1, and which is used exclusively to harvest fish or shellfish for purposes of sale, barter or exchange, and shall include any vessel documented under the laws of the United States to carry passengers for hire exclusively to harvest fish or shellfish.

(2)Commercial Fishing Permits. In order to harvest, possess or land fish, shellfish or bait for commercial purposes, the following permits are required for the following fishing activities:

(a)Coastal Lobster. Issued to a named individual in accordance with 322 CMR 7.01 authorizing the possession and landing of lobster and fish for commercial purposes from waters within the jurisdiction and authority of the Commonwealth in accordance with M.G.L. c. 130, § 38B and 322 CMR 7.01. This permit may be endorsed for the harvest, possession and landing of shellfish and seaworms for commercial purposes. The permit shall include a restriction that memorializes the permit holders declaration of the ASMFC Lobster Management Areas the permit holder will fish during a calendar year. If the permit authorizes fishing in more than one area, the permit shall be subject to the most restrictive ASMFC lobster management regulations governing the permitted fishing area, as set forth in 322 CMR 6.02(2): Maximum and Minimum Sizes and 322 CMR 6.02(5): V-notched Female Lobster Protection.

(b)Offshore Lobster. Authorizes the possession and landing of lobsters harvested from waters outside the jurisdiction of the Commonwealth using a vessel registered under the laws of the state and validly endorsed for FCZ fishing. This permit shall be further endorsed for gear type to enhance management, reporting, and enforcement of gear-specific trip limits by requiring a non-trap endorsement for those permit holders fishing with non-trap gear; permits fished with trap gear will be the default category and not require a distinct endorsement. Offshore lobster permit holders or users may not also hold, use or have on board an individual non-commercial or family non-commercial lobster permit. The permit shall include a restriction that memorializes the permit holders declaration of the ASMFC Lobster Management Areas the permit holder will fish during a calendar year. If the permit authorizes fishing in more than one area, the permit shall be subject to the most restrictive ASMFC lobster management regulations governing the permitted fishing area, as set forth in 322 CMR 6.02(2): Maximum and Minimum Sizes and 322 CMR 6.02(5): V-notched Female Lobster Protection.

(c)Boat 100 Feet or Greater. Authorizes the harvest, possession and landing of fish for commercial purposes using a vessel 100 feet registered length or greater. Said permits shall authorize the crew of said vessel to fish under its authority and may be endorsed upon request of the applicant for the harvest, possession and landing of shellfish and seaworms for commercial purposes.

(d)Boat 60 to 99 Feet. Authorizes the harvest, possession and landing of fish for commercial purposes using a vessel from 60 to 99 feet registered length. Said permit shall authorize the crew of the vessel to fish under its authority and may be endorsed upon request of the applicant for the harvest, possession and landing of shellfish and seaworms for commercial purposes.

(e)At-sea Processing. A special permit is required for the commercial at-sea processing of fish or shellfish within the waters under the jurisdiction of the Commonwealth. This permit is not required for the evisceration of finfish, including the removal of cod gonads and monkfish livers; the removal of monkfish tails from monkfish; the shucking of bay scallops and sea scallops under the authority of a bay scallop or sea scallop shucking regulated fishery permit endorsement; or to keep fish parts for personal use as authorized pursuant to 322 CMR 6.41(2)(a): Possession of Fish Parts by Commercial Fishers.

(f)Special Biomedical Horseshoe Crab Harvest Permit. For a named individual to harvest horseshoe crabs exclusively for use by the biomedical industry for the manufacturing of limulus lysate or for sale to a permitted scientific institution for the purpose of research. The holder of a biomedical harvest permit shall not also hold a horseshoe crab harvest regulated fishery permit endorsement.

(3)Dealer Permits. The following categories of permits may be issued by the Director and are required for the following activities:

(a)Wholesale Dealer. Authorizes the wholesale possession, distribution, processing, sale or resale of raw fish and shellfish. Said permit includes authorization for the retail sale and retail resale of fish and shellfish from a fixed location approved in writing by the Massachusetts Department of Public Health.

(b)Wholesale Broker. Authorizes the wholesale brokering, directing the transport of or any commercial transaction in the sale of raw or processed fish or shellfish.

(c)Wholesale Truck. Authorizes the wholesale possession or distribution of raw or processed fish and shellfish for commercial purposes from a vehicle approved in writing by the Massachusetts Department of Public Health.

Exception: Commercial Lobster Permit holders, who also hold a Retail Boat Permit as defined in 322 CMR 7.01(3)(f), shall be exempt from the requirements to obtain this wholesale truck dealer's permit when transporting only live lobsters and live crabs for commercial sale.

(d)Retail Dealer. Authorizes the retail sale of raw fish and shellfish from a fixed location approved in writing by the Massachusetts Department of Public Health.

(e)Retail Truck. Authorizes the retail sale of raw fish from a vehicle approved in writing by a local or county Board of Health.

(f)Retail Boat. Authorizes a fisher with a Massachusetts commercial fishing permit to sell from a boat to the general public, product he lawfully harvested, including the sale of live lobsters and whole raw fish from a boat. For holders of any commercial lobster permit, the authorization granted under this retail boat dealer's permit shall also include the transport of live lobsters or live crabs, caught aboard the holder's permitted vessel, for sale to the public including to persons and businesses that are not retail or wholesale dealers of raw or processed fish or shellfish.

(g)Retail Farmer's Market. Authorizes the retail sale of certain raw fish and fish products at a farmer's market subject to written approval by the Department of Public Health, or the municipal or county board of health.

(h)Bait Dealer. Authorizes the possession and sale of bait.

(i)Biomedical Horseshoe Crab Dealer. Authorizes an entity affiliated with a biomedical processor to obtain and hold biomedical horseshoe crabs and sell biomedical horseshoe crabs to the affiliated biomedical processor. The biomedical dealer permit may be authorized as a primary buyer, in accordance with 322 CMR 7.07, to allow for the primary purchase of horseshoe crabs directly from a biomedical fisher.

(j)Biomedical Horseshoe Crab Processor. Authorizes an entity to process horseshoe crabs for biomedical purposes including, but not limited to, the bleeding of horseshoe crabs for the production of Limulus Amebocyte Lysate. The biomedical processor permit may be authorized as a primary buyer, in accordance with 322 CMR 7.07, to allow for the primary purchase of horseshoe crabs directly from a biomedical fisher. The Director may limit access to the Biomedical Horseshoe Crab Processor permit in accordance with 322 CMR 7.04.

(4)Special Permits. The following special permits may be issued by the Director for the following activities:

(a)Regulated Fishery Permit Endorsement. In accordance with M.G.L. c. 130, §§ 2 and 80, regulated fishery permit endorsements may be added to commercial fishing permits, issued pursuant to 322 CMR 7.01(2), to authorize the named individual and/or commercial fishing vessel to retain, possess, or land fish or shellfish or use certain fishing gear in a commercial fishery regulated pursuant to M.G.L. c. 130, § 17A.

1.Open Access Regulated Fishery Permit Endorsements. The following regulated fishery permit endorsements may be added to commercial fishing permits, issued in accordance with 322 CMR 7.01(2), and shall be required:

a.American Eel. For a named individual or vessel to commercially fish for American eels within the waters under the jurisdiction of the Commonwealth, or to retain, possess or land American eels for commercial purposes in the Commonwealth.

b.Bay Scallop Shucking. For a named individual to shuck bay scallops onshore for commercial or non-commercial purposes.

c.Coastal Access Permit - Purse Seine. For a named individual or vessel to set, operate, or fish with purse seines within the waters under the jurisdiction of the Commonwealth, excepting the waters within the Inshore Net Areas described at 322 CMR 4.02: Use of Nets in Inshore Restricted Waters.

d.Contaminated Surf Clam. For a named individual or vessel to operate a surf clam dredge in shellfish growing area designated by the Division as "PROHIBITED" and to harvest, possess or land surf clams taken from a shellfish growing area designated by the Division "PROHIBITED" for the purpose of being kept or sold as bait.

e.Fish Weir. For a named individual to operate a fish weir in the waters under the jurisdiction of the Commonwealth or to harvest, possess or land fish or shellfish taken by a fish weir in the Commonwealth.

f.Inshore Net Permit. For a named individual or vessel to operate net gear within the inshore net areas described at 322 CMR 4.02: Use of Nets in Inshore Restricted Waters. This regulated fishery permit endorsement is not required for the use of a bait net that measures less than 250 square feet.

g.Mackerel. For a named individual or vessel to commercially fish for Atlantic mackerel within the waters under the jurisdiction of the Commonwealth, or to retain, possess, or land Atlantic mackerel for commercial purposes in the Commonwealth.

h.Northern Shrimp. For a named individual or vessel to commercially fish for Northern shrimp within the waters under the jurisdiction of the Commonwealth, or to retain, possess, or land northern shrimp for commercial purposes in the Commonwealth.

i.Sea Herring. For a named individual or vessel to commercially fish for Atlantic sea herring within the waters under the jurisdiction of the Commonwealth, or retain, possess, or land Atlantic sea herring for commercial purposes in the Commonwealth.

j.Sea Scallop Diving. For a named individual to commercially fish for sea scallops by hand within the waters under the jurisdiction of the Commonwealth, or to retain, possess, or land sea scallops for commercial purposes that were taken by hand in the Commonwealth.

k.Sea Scallop Shucking. For a named individual or vessel to shuck sea scallops at-sea for commercial or non-commercial purposes.

l.Sea Urchin Diving. For a named individual to commercially fish for sea urchins by hand within the waters under the jurisdiction of the Commonwealth, or to retain, possess, or land sea urchins for commercial purposes that were taken by hand in the Commonwealth.

m.Sea Urchin Dredge. For a named individual or vessel to operate a sea urchin dredge in the waters under the jurisdiction of the Commonwealth or to retain, possess, or land any sea urchins taken by a sea urchin dredge from the waters under the jurisdiction of the Commonwealth.

n.Scup. For a named individual or vessel to commercially fish for scup within the waters under the jurisdiction of the Commonwealth or retain, possess, or land scup for commercial purposes in the Commonwealth.

o.Spiny Dogfish. For a named individual or vessel to commercially fish for spiny dogfish within the waters under the jurisdiction of the Commonwealth, or to retain, possess, or land spiny dogfish for commercial purposes in the Commonwealth.

p.Striped Bass. For a named individual or vessel to commercially fish for striped bass within the waters under the jurisdiction of the Commonwealth or to retain, possess, or land striped bass for commercial purposes in the Commonwealth.

q.Surface Gillnet. For named individual or vessel to set or fish a gillnet - anchored, drifting or otherwise - that is designed to be, capable of being or is fished in the upper two-thirds of the water column. This regulated fishery permit endorsement is not required for the use of a surface gillnet that measures less than 250 square feet. A named individual or vessel that holds a sink gillnet regulated fishery permit endorsement shall not also hold a surface gillnet regulated fishery permit endorsement to fish surface gillnets that exceed 250 square feet.

2.Limited Entry Regulated Fishery Permit Endorsements. Commercial fishing permits, issued in accordance with 322 CMR 7.01(2), may be endorsed with the following regulated fishery permit endorsements. Pursuant to the authority at M.G.L. c. 130, § 2, the following regulated fishery permit endorsements are limited entry and may only be renewed and transferred subject to the provisions set forth at 322 CMR 7.06. These regulated fishery permit endorsements are required for the following:

a.Black Sea Bass. For a named individual or vessel to commercially fish for black sea bass within the waters under the jurisdiction of the Commonwealth, or to retain, possess, or land any black sea bass for commercial purposes in the Commonwealth.

b.Bluefish Gillnet. For a named individual or vessel to set or fish for bluefish by means of a gillnet, in accordance with 322 CMR 6.18(3): Use of Gillnets for Taking Bluefish for Commercial Purposes, within the waters under the jurisdiction of the Commonwealth.

c.Coastal Access Permit. For a named individual or vessel to set, operate, or fish with mobile gear within the waters of the jurisdiction of the Commonwealth. Coastal Access Permits may be further endorsed for participation in exempted fisheries authorized at 322 CMR 4.06: Use of Mobile Gear:

i.Small Mesh Trawl Fishery for Whiting. A Coastal Access regulated fishery permit endorsement may be further endorsed for the use and possession of small mesh trawls to commercially fish for whiting within certain waters under the jurisdiction of the Commonwealth.

ii.Small Mesh Trawl Fishery for Longfin Squid. A Coastal Access regulated fishery permit endorsement may be further endorsed for the use and possession of small mesh trawls to commercially fish for squid within certain waters under the jurisdiction of the Commonwealth.

iii.North Shore Mobile Gear. A Coastal Access regulated fishery permit endorsement may be further endorsed to fish with mobile gear within the Area 1A and 1B exemptions to the North Shore Year Round Mobile Gear Closure.

d.Fish Pots. For a named individual to set or fish species-specific fish pots for black sea bass, scup or whelks within the waters under the jurisdiction of the Commonwealth, or to retain, possess, or land black sea bass, scup or whelks by fish pot for commercial purposes in the Commonwealth. A black sea bass or scup pot regulated fishery permit endorsement holder shall not also be required to hold a black sea bass or scup regulated fishery permit endorsement to retain, possess, or land black sea bass and scup for commercial purposes in the Commonwealth.

e.Fluke. For a named individual or vessel to commercially fish for summer flounder (fluke) within the waters under the jurisdiction of the Commonwealth, or to retain, possess, or land any summer flounder for commercial purposes in the Commonwealth.

f.Horseshoe Crab Harvest. For a named individual or vessel to commercially fish for horseshoe crabs within the waters under the jurisdiction of the Commonwealth or retain, possess, or land horseshoe crabs for commercial purposes in the Commonwealth.

g.Menhaden. For a named individual and vessel to commercially fish for menhaden within the waters under the jurisdiction of the Commonwealth, or to retain, possess or land menhaden for commercial purposes in the Commonwealth in excess of 6,000 pounds of menhaden per trip or 24-hour period, whichever duration is longer.

h.Ocean Quahog and Surf Clam Dredge. For a named individual or a vessel to operate an ocean quahog and/or surf clam dredge or to commercially fish for, retain, possess, or land ocean quahogs or surf clams taken by ocean quahog and/or surf clam dredge gear within in the waters under the jurisdiction of the Commonwealth.

i.Quahog Dredge. For a named individual and/or vessel to operate a bay quahog dredge or to commercially fish for, harvest, possess or land bay quahogs taken by bay quahog dredge gear from the waters under the jurisdiction of the Commonwealth seaward of the outer jurisdiction of coastal cities and towns to regulate shellfish pursuant to M.G.L. c. 130, § 52, as appearing on official maps of the Commonwealth prepared pursuant to M.G.L. c. 1, § 3.

j.Sink Gillnet. For a named individual or vessel to set or fish a gillnet - anchored or otherwise - that is designed to be, capable of being or is fished in the lower third of the water column within the waters under the jurisdiction of the Commonwealth. Sink gillnet regulated fishery permit endorsements are not transferable. Holders of a sink gillnet regulated fishery permit may fish surface gillnets under the authority of this permit.

k.State-waters Groundfish. For a named individual or vessel to commercially fish for regulated groundfish, species within the waters under the jurisdiction of the Commonwealth, as defined at 322 CMR 6.03(1): Definitions, or to retain, possess or land any regulated groundfish species for commercial purposes taken within the waters under the jurisdiction of the Commonwealth. A state-waters groundfish regulated fishery permit endorsement is not required for vessels that hold a federal multi-species groundfish or monkfish permit or for a commercial fisher to harvest, possess and land up to 25 pounds of whole or eviscerated regulated groundfish for commercial purposes.

l.Tautog. For a named individual or vessel to commercially fish for tautog within the waters under the jurisdiction of the Commonwealth, or to retain, possess or land any tautog for commercial purposes in the Commonwealth.

(b)Noncommercial Fishing Permits.

1.Recreational Saltwater Fishing Permits. Pursuant to M.G.L. c. 130, § 17C and 322 CMR 7.10, the Director may issue a recreational saltwater fishing permit to authorize:

a. recreational saltwater fishing; and

b. for-hire vessels.

2.Noncommercial Lobster and Edible Crab. Pursuant to M.G.L. c. 130, § 38, the Director may issue a noncommercial lobster and edible crab permit to authorize:

a.Trap Fishing. Issued to a named individual authorizing the harvest, possession and landing of lobsters and edible crabs by means of traps for noncommercial purposes by that individual or by members of that individual's immediate family residing in the same household.

b.Diver Fishing. Issued to a named individual authorizing the harvest, possession and landing of lobsters by diving for noncommercial purposes by that individual only. A noncommercial lobster permit may not be carried onboard any vessel fishing under authority of an offshore lobster permit.

(c)Special Project. Authorizes only the names individual to engage in a specified marine fishery project including, but not limited to, aquaculture or mariculture; scientific, environmental and biological collection and study, assessment or experimentation; collection and possession for education purposes; shellfish relay; and shellfish propagation.

(d)Anadromous Fish Passageway. Authorizes the named individual to carry out activities related to the construction, reconstruction, repair, or alteration of any anadromous fish passageway, as defined in M.G.L. c. 130, §§ 1 and 19.

(5)Application. Applicants for a permit shall comply with the following requirements:

(a)Forms. Applications for a permit shall be on forms supplied by the Director or through the online system. A separate application shall be made for each individual, boat, vessel, plant, firm, establishment, corporation, partnership or other business entity.

(b)Information. An application for a permit required by M.G.L. c. 130 and 322 CMR 7.01 shall contain and include the following:

1. the name and address of the applicant;

2. the date of birth of the applicant;

3. the name of the commercial fishing vessel;

4. the required length of the fishing vessel;

5. the Massachusetts vessel registration number;

6. the homeport of the commercial fishing vessel;

7. the true and accurate signature of the applicant; and

8. any other information sufficient to fully identify the particular activity to be undertaken and the intended use for the permit.

(c)Conditions. The following permit applicants shall comply with the following conditions:

1. Master digger permit applicants shall submit with their application a valid bond as required by 322 CMR 7.02(2)(b);

2. Dealer permit applicants shall submit with their application an approved health inspection certificate validly issued by the Department of Public Health pursuant to a health inspection of the applicant's premises;

3. Seasonal lobster permit applicants shall submit a letter from their school attesting to their full-time student status; and

4. Shellfish and seaworm permit applicants shall, for a bay scallop endorsement, submit a certified sanitary inspection approved by the Massachusetts Department of Public Health.

(d)Multiple Applications. A separate application shall be made for each individual, boat, vessel, plant, firm, establishment, corporation, partnership or other business entity.

(e)Signature.

1.Paper Permits. For all permits renewed on forms issued by the Director, the applicant shall sign their name on the paper permit application and paper permit issues.

2.Online System. For all permits issued through the online system, the applicant shall attest under the pains and penalties of perjury that all information provided is true and accurate, which affirms the applicant's electronic signature.

3. Except as otherwise provided at 322 CMR 7.01(5)(f), whenever a permit is issued to a boat, vessel or business entity, the permit may be signed or the attestation in the online system may be made by the owner of the boat or vessel or by a duly authorized officer of the business entity that includes the true and correct business title of the duly authorized officer.

(f)Exception. Coastal lobster permits shall be issued to and renewed by a named individual only. The permit application and the permit itself shall be signed by a named individual or the attestation in the online system be made by the named individual who shall be the holder. In no event may a coastal lobster permit be issued to or renewed by a business entity or an officer of a business entity.

(g)Effect of Signature or Attestation in the Online System. The applicant's signature on either the paper application or attestation in the online system shall constitute:

1. a declaration under the pains and penalties of perjury that all information contained in the application is true and accurate to the best belief of the applicant;

2. a statement that the applicant and all individuals conducting the activity under authority of the permit have read and are familiar with all applicable statutes contained in M.G.L. c. 130, all applicable regulations contained in 322 CMR and agree to fully comply therewith; and

3. an agreement to display all fish in possession of the applicant and all individuals conducting the activity under authority of the permit to any officer authorized to enforce the marine fishery laws of the Commonwealth.

(h)Fees. All fees required in accordance with M.G.L. c. 130, § 83 shall accompany each application in the form of checks or money orders made payable to the Commonwealth of Massachusetts. Cash may be used only when the application is made in person. In the event an applicant's personal check is not honored by the payor or bank, the permit issued to such applicant shall be void until such time as the required fee in the form of a bank check, certified check or postal money order is received by the Director. Any activity conducted by the applicant under the purported authority of said permit five or more days subsequent to the mailing to the applicant of a notice of the dishonored check shall constitute a violation of the applicable provisions of M.G.L. c. 130 and 322 CMR.

(6)Issuance. Permits shall not be validly issued or of full force and effect unless the following requirements are met:

(a) identify the activity authorized or privilege granted by the Director;

(b) contain a financial transaction number;

(c) contain a permit number;

(d) contain a date of issuance;

(e) contain a true and accurate copy of the Director's signature; and

(f) contain a true and accurate signature of the holder, or if a boat, vessel, or business entity, the owner, or duly authorized officer of the business entity including their business title. Except for permits issued by the online system whereby the attestation of permit holder affirms the requirements of the signature as set forth at 322 CMR 7.01(5)(e).

(7)Conditions. The Director may at any time, in his discretion, attach any written conditions or restrictions to the permit deemed necessary or appropriate for purposes of conservation and management or to protect the public health, welfare and safety.

(8)Duplicates. Duplicate permits may be issued by the Director provided that a satisfactory affidavit signed under the pains and penalties of perjury is submitted by the person who signed the original application and permit attesting to the disposition of the original permit sought to be replaced.

(9)Suspension and Revocation. In accordance with M.G.L. c. 30A, §§ 10, 11 and 13, and pursuant to the procedural rules of 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure, any permit issued by the Director may be suspended orrevoked for falsifying any application form, violation of any condition or restriction of the permit, or for violation of any provision of M.G.L. c. 130 or 322 CMR.

(10)Alteration. Any permit validly issued by the Director which is subsequently and substantially altered, erased or mutilated is invalid.

(11)Expiration. All permits validly issued shall expire on December 31^st following the date of issuance unless otherwise provided by law, modified or extended by the Director in writing, or suspended or revoked by the Director or a court of competent jurisdiction.

(12)Transfer. Unless otherwise provided in writing by the Director, or in accordance with 322 CMR or M.G.L. c. 130, permits may not be transferred, loaned, leased, exchanged, bartered, sold or possessed by a person other than the holder, boat, vessel, or business entity to which it was issued.

(13)Requirement to Accommodate Sea Samplers. For the purpose of observing and acquiring information about fishing operations and sampling catches for biological information, all permit holders, as condition of their permit, shall agree to take on board and provide safe access for sea samplers authorized by the Division of Marine Fisheries at a location established by the Division.

(14)Prohibitions. It is unlawful to:

(a) conduct any marine fishery activity which is subject to a permit pursuant to M.G.L. c. 130 or 322 CMR without such permit or during a period of suspension or revocation of the permit, or five days after the mailing of a notice pursuant to 322 CMR 7.01(5)(d);

(b) falsify any application form, documentation or letters of support in conjunction with any application form;

(c) alter, erase, mutilate or falsify any permit issued by the Director;

(d) violate or fail to comply with any permit condition or restriction;

(e) transfer, loan, lease, exchange, barter or sell any permit or for any person other than the holder to possess a permit except as otherwise provided for in writing by the Director or in accordance with 322 CMR or M.G.L. c. 130;

(f) violate any provision of M.G.L. c. 130 or 322 CMR when conducting an activity authorized by permit;

(g) fail to produce a permit upon demand of any officer authorized to enforce the marine fishery laws of the Commonwealth, except that persons who have purchased a recreational saltwater fishing permit or non-commercial lobster permit through the Online System may produce their permit by displaying a true, complete and legible image of it on their mobile device;

(h) fail to display fish harvested or possessed under authority of a permit to any officer authorized to enforce the marine fishery laws of the Commonwealth;

(i) harass, threaten, intimidate, coerce or assault any officer authorized to enforce the marine fishery laws of the Commonwealth;

(j) have more than one individual, boat, vessel or business entity fish or conduct business under authority of a permit, unless otherwise provided for in M.G.L. c. 130, 322 CMR or in writing by the Director;

(k) sell or offer to sell any shellfish harvested under authority of a commercial fishermen permit endorsed for shellfish to any person without a valid Massachusetts shellfish transaction card and either a valid Massachusetts driver's license or a Registry of Motor Vehicles Identification card;

(l) have a non-commercial lobster permit on board any vessel fishing under authority of an offshore lobster permit;

(m) conduct any activity designed to construct, reconstruct, rebuild, repair, or alter any anadromous fish passageway as defined in M.G.L. c. 130, §§ 1 and 19, or to construct or build any new anadromous fish passageway without a special permit issued pursuant to 322 CMR 7.01(4).

(n) to sell or offer to sell any regulated groundfish species as defined in 322 CMR 8.12(1): Definitions harvested by persons aboard vessels that are engaged in for-hire fishing.

(o) obtain multiple State Waters Multispecies Groundfish Endorsements for the same vessel regardless of the number of commercial permits associated with said vessel.

(p) obtain a State Waters Multispecies Groundfish Endorsement for a vessel authorized to take Multispecies Groundfish or monkfish under a federal permit.

(q) obtain a State Waters Multispecies Groundfish Endorsement for a vessel authorized on or before January 1, 2006 to take Multispecies Groundfish or monkfish under a federal permit if that federal permit has been transferred, leased or sold on or after January 1, 2006;

(r) any vessel to engage in the at-sea transfer of any fish or shellfish subject to possession limits established pursuant to 322 CMR 6.41: Further Regulation of Catches.

(s) any vessel with an at-sea processing permit to process any fish or shellfish subject to minimum size limits established pursuant to 322 CMR.

(t) any wholesale truck or retail dealer permit holder to accept raw shellfish from a commercial fisherman or to act as a primary buyer of shellfish.