322 CMR, § 6.07

Current through Register 1533, October 25, 2024

Section 6.07 - Striped Bass Fishery (Morone Saxatalis)

(1)Purpose and Scope. Since approximately October 1981 the Atlantic coastal states, through the auspices of the Atlantic States Marine Fisheries Commission (ASMFC), have been developing conservation and management measures for Atlantic striped bass through an interstate fishery management plan.

322 CMR 6.07 represents the Commonwealth's response to this cooperative and j oint coastal state conservation management effort. The objective of 322 CMR 6.07 is to allow controlled sustained recreational and commercial fishing for striped bass pursuant to the provisions of the ASMFC striped bass Fishery Management Plan.

322 CMR 6.07 is designed to identify the various user groups, implement conservation and management measures tailored to each group, and collects accurate statistics on striped bass catch levels. Persons intending to fish for striped bass have the option of classifying their activity as recreational or commercial. If a person intends to catch striped bass only for personal consumption and not for sale, that person must have a recreational saltwater fishing permit, and may fish year round, and retain striped bass that measure between 28 inches and less than 31 inches, but may not retain more than one striped bass within any calendar day.

Any person intending to catch and possess striped bass for the purpose of sale, barter or exchange must be fishing under the authority of a commercial permit and a regulated fishery permit for striped bass. However, 322 CMR 6.07 establishes a commercial fishing season that closes upon reaching the commercial catch quota, establishes a minimum commercial size of 35 inches, and requires fish to be sold only to dealers licensed and authorized by the Commonwealth.

Finally, 322 CMR 6.07 allows wholesale and retail dealers to purchase and sell striped bass under certain conditions. To purchase striped bass directly from commercial fishers, wholesale and retail dealers must be authorized as primary buyers of striped bass and must affix a Striped Bass ID Tag to all striped bass at the time of primary purchase from the commercial fisher. Striped bass imported into the Commonwealth must be marked with a numbered tag that identifies the state of origin and must be accompanied by documents that verify state of origin. Nonconforming (undersized) striped bass that were caught in the wild may be imported into the Commonwealth provided those fish were legally taken, shipped and meet documentation requirements of the state-of-origin.

(2)Definitions. For purposes of 322 CMR 6.07, the following words shall have the following meanings:

Actively Transport means the movement of lawfully caught striped bass by a commercial fishing permit holder in a motor vehicle or a vessel. For purposes of 322 CMR 6.00, this shall include the movement of lawfully caught striped bass by a motor vehicle along the roads adjacent to the Cape Cod Canal, and also the landing of striped bass lawfully caught aboard a vessel and brought ashore at Taylor Point Marina in the town of Bourne or in Sandwich Marina.

Bait means any marine or aquatic organism, live or dead, whole or parts thereof.

Cape Cod Canal means those waters and the shoreline, including all adjacent jetties, wharfs, docks, ripraps and beaches, extending from the most seaward extent of the state pier at Taylor's Point on the campus of Massachusetts Maritime Academy in Bourne; thence extending in an easterly direction to the seaward end of the northern breakwater jetty at the eastern entrance at Scusset Beach in Sandwich; thence in a straightline in a southerly direction across the eastern entrance of the waterway to the seaward end of the southern breakwater jetty in Sandwich; thence in a westerly direction to the northernmost tip of the peninsula at the end of President's Road in Bourne.

Circle Hook means a fishing hook designed and manufactured so that the barb of the hook is not offset from the plane of the shank and bend and is turned perpendicularly back towards the shank to form a circular or oval shape.

Closed Commercial Fishing Day means any calendar day within the commercial season when the retention, possession, and landing of striped bass for commercial purposes is unlawful, as set forth at 322 CMR 6.07(4)(b).

Commercial Fisher means any person who may catch, possess and land striped bass for the purpose of sale, barter, or exchange or keeps for personal or family use taken under the authority of a commercial fishing permit issued by the Director under the authority of 322 CMR 7.01: Form, Use and Contents of Permits.

Commercial Purposes means the retention, possession, and transportation of striped bass for any fare, rate, fee, charge, sale, exchange, trade or other consideration that is directly or indirectly made in connection with any business or other undertaking intended for profit.

Commercial Quota means the allowable annual Massachusetts commercial harvest of striped bass pursuant to the ASMFC Interstate Striped Bass Management Plan, reduced by any overage incurred in the previous year.

Commercial Season means that period when commercial fishing is allowed beginning on the first open fishing day on or after June 16^th and ending when the quota is reached or on November 15^th, whichever occurs first. The commercial season shall be further regulated by open and closed fishing days.

Consumer means any individual who obtains striped bass for personal use, rather than resale.

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.

Gaff means a pole with a hook on the end that is used to lift a fish out of the water and onto a vessel or the shore.

High-grading means the discarding of a smaller legal-sized fish (previously captured and retained) in favor of a larger legal-sized fish.

Land means to transfer or attempt to transfer the catch of striped bass 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 striped bass onboard to tie-up to any pier, wharf, dock, or artificial structure.

Non-lethal Device means any tool used in the removal of striped bass from the water or to assist in the releasing of striped bass that does not pierce, puncture, or otherwise cause invasive damage to the fish that may result in its mortality.

Open Commercial Fishing Days means those calendar days within the commercial season when the retention, possession, and landing of striped bass for commercial purposes is lawfully allowed, as set forth at 322 CMR 6.07(4)(b).

Person means any individual, firm, corporation, association, partnership, club, bar, restaurant, supermarket, food warehouse, or private body.

Primary Buyer means any dealer authorized by the Director, pursuant to M.G.L. c. 130, § 80, and 322 CMR 7.07: Dealers Acting as Primary Buyers, to purchase striped bass directly from a commercial fisher.

Primary Purchase means the first commercial transaction by sale, barter or exchange of any striped bass after its harvest between a commercial fisher and a dealer authorized as a primary buyer and where both parties to the transaction are present.

Recreational Fisher means any person who harvests or attempts to harvest striped bass for personal or family use, sport or pleasure, and which are not sold, traded or bartered.

Recreational Fishing means the noncommercial taking or attempted taking of striped bass for personal or family use, sport, or pleasure and which are not sold, traded or bartered.

Striped Bass ID Tags means the lockable, single-use, tamper evident, and nontransferable tags issued by the Director to Primary Buyers for affixing to striped bass. Striped Bass ID Tags are imprinted with the species, year, state, and unique identification number traceable to the Primary Buyer to whom they are issued.

Total Length means the greatest straight line length in inches as 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 forked tails, the upper and lower fork may be squeezed together to measure the tail extremity.

(3)Regulated Fishery Permit. The following special permit shall be required:

(a) A commercial fisher shall have issued to him or her by the Director a regulated fishery permit for striped bass, in addition to any other permits required by the Massachusetts General Laws, in the following categories:

1. resident; and

2. nonresident.

(b) A striped bass regulated fishery permit authorizes the named individual and/or a commercial fishing vessel to engage in the harvest, possession, and landing of striped bass for commercial purposes in compliance with 322 CMR 6.07, 322 CMR 7.01: Form, Use and Contents of Permits and 322 CMR 7.04: Commercial Fisheries Control Date.

(c) A striped bass regulated fishery permit shall be valid only during the striped bass commercial season as provided for in 322 CMR 6.07(4)(b).

(d) A striped bass regulated fishery permit shall be carried by the holder at all times when catching, taking, possessing or selling striped bass, and shall be displayed forthwith on demand of any Environmental Police officer or other official authorized to enforce 322 CMR 6.07.

(e) All persons must apply for or apply to renew their striped bass regulated fishery permit endorsement by the last day of February in the effective permitted fishing year.

(4)Commercial Management Measures. For purposes of conservation and management of the resource, the following measures shall apply to commercial fishers who harvest, catch or take, and/or sell, barter or exchange, or attempt to sell, barter or exchange any striped bass:

(a) Massachusetts commercial striped bass harvest will be limited annually by the commercial quota less any amount deducted to compensate for the previous year's overage.

(b) Commercial fishers may fish for striped bass only during the commercial season and open commercial fishing days within said season beginning on the first open commercial fishing day on or after June 16^th and ending when the commercial quota is taken or on November 15^th, whichever occurs first.

1. During the period of June 16^th through September 30^th, open commercial fishing days shall be Tuesdays and Wednesdays and closed commercial fishing days shall be Mondays, Thursdays, Fridays, Saturdays, and Sundays. Thursdays shall be added as an open fishing day effective August 1^st if DMF determined that 30% of the quota remains available after July 31^st. The 3rd of July, 4^th of July and Labor Day shall be considered closed commercial fishing days.

2. During the period of October 1^st through November 15^th, open commercial fishing days shall be Mondays through Fridays and closed commercial fishing days shall be Saturdays and Sundays.

3. During any closed commercial fishing day it shall be unlawful for any commercial fisher to retain, possess, or land more than one striped bass; to retain, possess or land any striped bass measuring 35 inches or greater total length; or to sell, barter, or exchange or offer for sale, barter, or exchange any striped bass.

(c) Commercial fishers engaged in commercial fishing for striped bass may not possess striped bass less than 35 inches in total length. If the number of striped bass aboard a vessel is greater than the number of fishers, then all striped bass in possession must be greater than 35 inches in total length, and all fishers must be commercially permitted as described in 322 CMR 6.07(3). Striped bass less than 35 inches in total length shall be returned immediately to the waters from which taken.

(d) Commercial fishers engaged in striped bass fishing under the authority of a Commercial Fishing Coastal Lobster, Offshore Lobster or Boat Permit, issued in accordance with 322 CMR 7.01(2): Commercial Fishing Permits and on the registered vessel listed on the permit, may not possess, land, offer for sale or sell more than 15 striped bass per day on open commercial fishing days, as set forth at 322 CMR 6.07(2) and 6.07(4)(b). This limit applies to the individual fisher, regardless of the number of commercial striped bass regulated fishery permit endorsements held by the individual or number of trips taken in a day and the vessel, regardless of the number of individual commercial striped bass regulated fishery permit endorsement holders onboard or the number of trips taken in a day.

(e) Commercial fishers engaged in striped bass fishing under the authority of a Commercial Fishing Individual or Rod and Reel permit, issued in accordance with 322 CMR 7.01(2): Commercial Fishing Permits or under the authority of a Commercial Fishing Coastal Lobster, Offshore Lobster or Boat Permit, issued in accordance with 322 CMR 7.01(2), while fishing from shore or any location other than the registered vessel listed on the permit may not possess, land, offer for sale or sell more than two striped bass per day on open commercial fishing days, as set forth at 322 CMR 6.07(2) and 6.07(4)(b). This limit applies to the individual fisher whether fishing from shore or a vessel, regardless of the number of commercial striped bass regulated fishery permit endorsement assigned to the individual fisher or the number of trips taken in a day.

(f) All striped bass which are the subject of a first sale shall be in the round, with the head, body and tail fully intact.

(g) Except as provided for in 322 CMR 6.07(5)(f), no striped bass may be filleted or processed in any manner, except by evisceration. In all prosecutions or non-criminal citations issued, mutilation of a striped bass which interferes with or affects a proper or adequate measurement of the fish shall be prima facie evidence that the striped bass was or is less than 35 inches in total length.

(h) Commercial fishers shall sell striped bass only to Primary Buyers.

(i) Commercial fishers shall sell striped bass only during the commercial season and only during the open commercial fishing days within the commercial season.

(j) Commercial fishers may harvest, catch, or take striped bass by rod-and-reel or handline only.

(k) Commercial fishers engaged in commercial fishing for striped bass may not fish aboard the same vessel at the same time as recreational fishers.

(l) In accordance with the Declaration Procedure set forth at 322 CMR 6.41(2), the Director may make in-season adjustments to the commercial fishing limits as established in 322 CMR 6.07(4) including, but not limited to, the open commercial fishing days and the commercial fishing limits as set forth at 322 CMR 6.07(4)(b), (d) and (e).

(m) Commercial fishers are prohibited from harvesting striped bass from the Cape Cod Canal for commercial purposes or possessing any striped bass 35 inches in total length or larger in any container or vehicle within 1,000 feet of the shoreline of the Cape Cod Canal, unless the fish is being actively transported to a primary dealer and was lawfully taken in a location other than the Cape Cod Canal.

(n) Commercial fishers shall not retain, possess, land, sell, or offer for sale any striped bass unlawfully taken in another jurisdiction.

(5)Recreational Management Measures. For purposes of conservation and management of the resource, the following measures shall apply to recreational fishers who harvest, catch, take or possess or attempt to harvest, catch, take or possess any striped bass:

(a) Only striped bass measuring at least 28 inches and less than 31 inches in total length may be retained. Striped bass measuring less than 28 inches or 31 inches or greater in total length shall be released immediately to the waters from which taken. Retained striped bass shall have head and tail intact and be otherwise kept whole except for evisceration, bleeding, or descaling while on the waters under the jurisdiction of the Commonwealth or any adjacent parcel of land, structure, portion of roadway, or parking lot, except if being prepared for immediate consumption.

(b) Recreational fishers may retain no more than:

1. one striped bass per day; and

2. may possess no more than one striped bass at any one time.

(c) Recreational fishers may not sell, barter or exchange any striped bass.

(d) Recreational fishers may not discard dead striped bass that measure between at least 28 inches, but less than 31 inches in total length.

(e) To prohibit the practice of high-grading as defined in 322 CMR 6.07(2), recreational fishers may not retain legal-sized striped bass and release said fish in favor of another larger legal-sized striped bass captured subsequently. Any legal-sized fish not immediately released into the water and held by stringer, live-well or another means shall be considered intent to high-grade.

(f)Mandatory Use of Circle Hooks. Recreational fishers shall use circle hooks when fishing for striped bass with whole or cut natural baits. This shall not apply to any artificial lure. Striped bass caught on any unapproved method of take must be returned to the water immediately without unnecessary injury.

(g)Processing of Striped Bass by Recreational Fishers. Recreational fishers who retain striped bass shall keep the head and tail intact and the fish whole until they reach their domicile or temporary residence, subject to the following exceptions:

1. Recreational fishers may eviscerate, bleed, or descale striped bass of a lawfully conforming size while on land or while on the waters under the jurisdiction of the Commonwealth.

2. Recreational fishers may fillet striped bass of a lawfully conforming size on land once recreational fishing has ceased and all fishing gear is stowed. Not more than two fillets, representing the equivalent of the one fish recreational retention and possession limit, shall be possessed by any recreational fisher at any one time. In instances when recreational fishers comingle their fillets, the total number of fillets will be divided by the total number of recreational fishers present to determine if no more than two fillets are possessed by any recreational fisher. Each fillet shall have two square inches of skin affixed to it and that skin shall remain affixed to the fillet until the recreational fisher reaches their domicile or temporary residence. Fillets of striped bass may not be possessed while fishing is occurring or while fishing gear is being stowed.

3. Recreational fishers may fillet striped bass of a lawfully conforming size while on the waters under the jurisdiction of the Commonwealth for immediate and complete consumption once recreational fishing has ceased and all fishing gear is stowed.

4. The captain or crew of a for-hire vessel may fillet striped bass of a lawfully conforming size for their patrons while on the waters under the jurisdiction of the Commonwealth. All filleting must occur prior to the customers departing the for-hire vessel. All striped bass carcasses from which fillets are removed during any for-hire trip are to be retained in a manner that does not interfere with species identification or total length measurement until such a time as the for-hire trip has ended, the vessel has docked, and all customers from that trip have departed the for-hire vessel. Not more than two fillets, representing the equivalent of the one striped bass recreational retention and possession limit, shall be possessed by any for-hire patron at any one time. In instances when for-hire patrons comingle their fillets, the total number of fillets will be divided by the total number of for-hire patrons present to determine if no more than two fillets are possessed by any for-hire patron. Each fillet shall have two square inches of skin affixed to it and that skin shall remain affixed to the fillet until the for-hire patron reaches their domicile or temporary residence.

(6)Dealer Management Measures. For purposes of conservation and management of the resource, the following measures shall apply to any dealer who possesses, sells or offers to sell any striped bass:

(a) Only Primary Buyers shall purchase striped bass directly from commercial fishers and both parties shall be present at the transaction.

(b) Primary Buyers shall report all striped bass purchases from commercial fishers based on schedules and on forms to be provided by the Division.

(c) Primary Buyers may not purchase or receive from a commercial fisher any striped bass which is less than 35 inches in total length.

(d) Primary Buyers may not purchase, receive or possess from a commercial fisher any striped bass which has been mutilated in such a way as to interfere with or affect a proper or adequate measurement of the fish.

(e) Primary Buyers may not purchase or receive from a commercial fisher any striped bass during the closed fishing days within the commercial fishing season.

(f) Primary Buyers may not purchase more than a single commercial trip limit of striped bass from any commercial fisher, regardless of the number of commercial striped bass regulated fishery permit endorsements in the possession of the commercial fisher.

(g) Dealers may purchase and offer for sale whole striped bass that were caught in the wild and imported into Massachusetts from states where they have been lawfully landed provided that the fish comply with the size limit for the jurisdiction of origin and are individually tagged with the jurisdiction of origin. If fish are filleted after importation, all containers of fillets shall be accompanied by records describing the jurisdiction of origin, the name of the Massachusetts dealer that processed the fish, the quantity of fillets and the species. A copy of these records shall be kept on the dealers premises for 30 days after processing. Original tags shall remain with the fish or the fish fillets, as required at 322 CMR 6.07(6)(h)2.

(h) Primary Buyers shall tag each striped bass with a Striped Bass ID Tag in accordance with the following provisions:

1.Issuance of Striped Bass ID Tags.

a. The Director shall annually issue Striped Bass ID Tags only to Primary Buyers.

b. The annual quantity of tags issued shall be determined by the Director based on the commercial quota.

2.Use and Disposition of Striped Bass ID Tags.

a. Immediately upon receipt of fish at the primary purchase, the Primary Buyer shall affix a Striped Bass ID Tag through the mouth and gills or through the lower jaw of each striped bass and lock the Striped Bass ID Tag into place..

b. Striped Bass ID Tags shall remain affixed through the mouth and gills or lower jaw of any whole striped bass or accompany any processed or filleted striped bass while in the possession of any person for the purpose of resale.

c. If a person intends on selling portions of processed or filleted striped bass to a consumer, the tags shall remain on the premise of the seller until all portions are sold to a consumer.

d. Once all portions of a striped bass are sold, a person shall cut the Striped Bass ID Tag into two pieces and discard it.

3.Striped Bass ID Tag Accounting.

a. Within 30 days of a written request by the Director, following the close of the commercial season, the Primary Buyer shall:

i. return all unused Striped Bass ID Tags issued to the Primary Buyer by the Director for that year; and

ii. submit a Striped Bass ID Tag Accounting Report, on forms provided by the Director, which documents the disposition of all Striped Bass ID Tags.

b. The Director may restrict a dealer from future participation as a Primary Buyer for failure to return all unused Striped Bass ID Tags or submit the Striped Bass ID Tag Accounting Report in accordance with 322 CMR 6.07(6)(h)3.a.

(7)Prohibitions. It shall be unlawful for:

(a) a recreational fisher to retain more than one striped bass per day;

(b) a recreational fisher to possess more than one striped bass at any one time;

(c) a recreational fisher to sell, barter or exchange or offer to sell, barter or exchange any striped bass;

(d) a recreational fisher to retain or possess any striped bass less than 28 inches or 31 inches or greater in total length;

(e) a recreational fisher to mutilate any striped bass in a manner that prevents the accurate measurement of the fish; such mutilation shall be prima facie evidence of a violation of 322 CMR 6.07(7);

(f) a recreational fisher to discard dead striped bass that measure between 28 inches, but less than 31 inches or greater in total length;

(g) a recreational fisher to "high-grade" striped bass or to keep striped bass alive in the water by attaching a line or chain to the fish or placing the fish in a live-well or holding car;

(h) any person(s), whether from shore or onboard a vessel, to possess striped bass in any quantity exceeding one striped bass per person without a commercial striped bass regulated fishery permit and for those striped bass to violate the commercial management regulations at 322 CMR 6.07(4);

(i) a for-hire vessel, permitted in accordance with 322 CMR 7.10(5): Permit Requirements Applicable to For-hire Vessels, during a for-hire trip to retain more than one striped bass for each person onboard;

(j) any person other than a commercial fisher to make a primary sale of striped bass to any person other than a Primary Buyer.

(k) a nonresident commercial fisher to possess more than one striped bass upon entering or leaving Massachusetts;

(l) a commercial fisher to catch, take, possess, sell, barter, exchange or attempt to sell, barter or exchange any striped bass without having issued to him or her a valid permit to do so;

(m) a commercial fisher to catch, take, possess, sell, barter, exchange or attempt to catch, take, possess, sell, barter or exchange any striped bass for commercial purposes once the commercial quota is reached and the commercial fishery is closed, or to retain, possess or land more than one striped bass during any calendar day that is a closed commercial striped bass fishing day, as described at 322 CMR 6.07(4)(b);

(n) a commercial fisher to sell, barter, exchange or attempt to sell, barter, exchange any striped bass during any calendar day that is a closed to commercial striped bass fishing day, as described at 322 CMR 6.07(4)(b);

(o) a commercial fisher to catch, take, possess, sell, barter, exchange or attempt to sell, barter or exchange any striped bass less than 35 inches in total length;

(p) any commercial fisher fishing under the authority of a Commercial Fishing Coastal Lobster, Offshore Lobster or Boat Permit, issued in accordance with 322 CMR 7.01(2)(a), (c), (d) and (e) and onboard the registered vessel listed on the permit, to take, possess, land, offer for sale or sell more than 15 striped bass during a single open commercial fishing day, as set forth at 322 CMR 6.07(4)(b). This shall apply to the individual fisherman, regardless of the number of commercial striped bass regulated fishery permit endorsements held by the individual or number of trips taken in a day and the vessel, regardless of the number of commercial striped bass regulated fishery permit endorsement holders aboard;

(q) any commercial fisher fishing under the authority of a Commercial Fishing Individual or Rod and Reel Permit, issued in accordance with 322 CMR 7.01(2)(h): Individual, 322 CMR 7.01(2)(i): Shellfish/Rod and Reel and 322 CMR 7.01(2)(j): Rod and Reel, or under the authority of a Commercial Fishing Coastal Lobster, Offshore Lobster or Boat Permit, issued in accordance with 322 CMR 7.01(2)(a), (c), (d) or (e), while fishing from shore or anywhere other than the registered vessel listed on the permit, to take, possess, land, offer for sale or sell more than two striped bass during a single open commercial fishing day, as set forth at 322 CMR 6.07(4)(b). This shall apply to the individual commercial fisher whether fishing from shore or from a vessel, regardless of the number of commercial striped bass regulated fishery permit endorsement holders aboard or trips taken in a day;

(r) a commercial fisher to fillet or process any striped bass other than by evisceration;

(s) a commercial fisher to mutilate any striped bass in such a way as to interfere with or affect a proper or adequate measurement of the fish;

(t) a commercial fisher to participate in the primary purchase of any striped bass which is not in the round, or which has had the head or tail removed;

(u) a commercial fisher to possess or land striped bass once the Director has determined that 100% of the commercial quota has been reached;

(v) any Primary Buyer to purchase or receive during a primary purchase any striped bass which has been mutilated in such a way as to interfere with or affect a proper or adequate measurement of the fish;

(w) any Primary Buyer to purchase or receive from a commercial fisher any striped bass which is less than 35 inches in total length;

(x) any Primary Buyer to purchase or receive from a commercial fisher any striped bass after the open commercial season has closed or on any calendar day that is not an open commercial fishing day;

(y) any Primary Buyer to fail to report all striped bass purchases from commercial fishers as prescribed by the Director;

(z) any commercial fisher to harvest, catch, or take striped bass by longlines or tub-trawls;

(aa) any vessel rigged for otter trawling, hauling sink gillnets, purse seines, or possessing baited or unbaited longline or tub-trawl gear to possess striped bass;

(bb) any wholesale or retail dealer to possess, sell, barter or exchange or offer to sell, barter or exchange any whole striped bass imported into Massachusetts, unless such fish so imported is tagged as specified by 322 CMR 6.07(6);

(cc) any commercial fisher to discard dead striped bass that are 35 inches or greater in total length;

(dd) any person to receive during a primary purchase any striped bass, unless permitted as a wholesale or retail dealer pursuant to 322 CMR 7.01(3): Dealer Permits and authorized as a Primary Buyer pursuant to 322 CMR 7.07: Dealers Acting as Primary Buyers;

(ee) any person involved in the resale of striped bass to fail to furnish, upon request of the Director or the Environmental Police, receipts documenting the purchase of striped bass;

(ff) any person to apply a Striped Bass ID Tag to a striped bass harvested for commercial purposes without being a Primary Buyer;

(gg) a Primary Buyer to tag a striped bass with a Striped Bass ID Tag that was not issued to said Primary Buyer by the Director for the current year or that has been defaced or modified in any manner;

(hh) any person, other than the original harvester, to possess striped bass or portions thereof for the purpose of sale without the striped bass or portions thereof being tagged in accordance with 322 CMR 6.07(6)(g);

(ii) any person to fail to surrender Striped Bass ID Tags to the Director or the Environmental Police upon request;

(jj) any person to sell, trade, loan or gift or offer to sell, trade, loan or gift to another person any Striped Bass ID Tags;

(kk) a Primary Buyer to file a false claim of Striped Bass ID Tag loss for purposes of obtaining additional Striped Bass ID Tags.

(ll) Any person to retain, possess, land, sell, or offer for sale any striped bass unlawfully taken in another jurisdiction.

(mm) for any recreational fisher to use any device other than a nonlethal device to remove a striped bass from the water or assist in the releasing of a striped bass.

(nn) for any commercial fisher fishing on an open commercial fishing day to gaff a striped bass or attempt to use a gaff to remove a striped bass from the water that is less than 35 inches in total length.

(oo) for any recreational fisher to use any type of hook other than a circle hook when fishing for striped bass with whole or cut natural baits. This shall not apply to any artificial lure.

(pp) for any recreational fisher to retain any striped bass incidentally caught by any unapproved method.

(qq) any person to retain or possess more than one striped bass taken from the Cape Cod Canal during any calendar day.

(rr) Any person to possess any striped bass measuring 31 inches in total length or larger within 1,000 feet of the Cape Cod Canal unless that fish was lawfully harvested in a location other than the Cape Cod Canal and is being actively transported to a primary buyer.

(ss) Any person to possess more than one striped bass at any time within 1,000 feet of the Cape Cod Canal, unless the fish was lawfully harvested in a location other than the Cape Cod Canal and is being actively transported to a primary buyer.

(tt) Any commercial fisher to retain or possess any striped bass taken from the Cape Cod Canal for sale or attempted sale.