322 CMR, § 6.27

Current through Register 1524, June 21, 2024

Section 6.27 - Scup Fishery Management

(1)Definitions.

Commercial Fishermen means any person fishing under the authority of a permit issued in accordance 322 CMR 7.01(2): Commercial Fisherman Permits for the purposes of sale, barter, or exchange, or to keep for personal use or family use any fish or shellfish caught under the authority of the commercial fisherman permit.

Commercial Scup Quota means the allowable annual Massachusetts commercial harvest of scup pursuant to the ASMFC Interstate Scup, Black Sea Bass and Summer Flounder Management Plan.

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.

Recreational Fishermen means any person who harvesters or attempts to harvest fish for personal or family use, sport or pleasure, and which are not sold, bartered or exchanged.

Scup means that species of fish known as Stenotomus chrysops.

Scup Pot means any pot or trap that has six sides and at least two unobstructed escape vents or openings in the parlor section that are at least 3¹/10 inches in diameter or 2¼ inches square, and is set on the bottom of the ocean and designed to capture scup.

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

(3)Commercial Fishery Management.

(a)Permit Requirements. A regulated fishery permit endorsement, issued by the Director pursuant to 322 CMR 7.01(4)(a): Regulated Fishery Permit Endorsement, is required to sell scup, or to fish for, retain, possess or land scup in accordance with scup commercial fishery regulations at 322 CMR 6.27(2).

(b)Minimum Size. It is unlawful for any commercial fisherman or dealer to possess scup less than nine inches in total length.

(c)Winter I and Winter II Fishery. During the Winter I period of January 1^st through April 30^th and the Winter II period of October 1^st through December 31^st, it shall be unlawful for any vessel fishing within the waters under the jurisdiction of the Commonwealth to possess, retain, or land more than 2,000 pounds of scup per trip, or per calendar day. Vessels with federal permits allowing the taking of scup from federal waters, may exceed this state limit, provided:

1. the scup were lawfully taken while fishing in federal waters;

2. the vessel is transiting through the waters under the jurisdiction of the Commonwealth and makes no stops, except to land fish in a Massachusetts port, unless otherwise directed to do so by authorized law enforcement personnel, without limitation the Office of Law Enforcement and the United States Coast Guard;

3. all fishing gear is out of the water and properly stowed onboard the vessel; and

4. the vessel, crew, gear, and catch are otherwise in compliance with all applicable federal regulations

(d)Summertime Fishery. The summertime fishery occurs during the period of May 1^st through September 30^th and is subject to the commercial scup quota. The commercial scup quota is managed through gear type specific trip limits, seasons and fishing days.

1.Weirs. During this period commercial fishermen, permitted in accordance with 322 CMR 7.01(4)(a): Regulated Fishery Permit Endorsement to operate a fish weir, shall not be subject to daily possession limits or closed commercial fishing days for scup caught in fish weirs. The weir fishery shall close when the aggregate landings among all permitted weir fishermen reach 300,000 pounds of scup.

2.Trawlers. During this period, commercial fishermen, permitted in accordance with 322 CMR 7.01(4)(a): Regulated Fishery Permit Endorsement to fish for scup with trawl gear may fish for, possess and land scup seven days per week. Trawlers shall not land more than 10,000 pounds of scup per calendar week or possess more than 10,000 pounds of scup at any one time. The calendar week shall begin on Sunday at 12:01 A.M. and end on the following Saturday at 11:59 P.M.

3.All Other Gear Types. Commercial fishermen, permitted in accordance with 322 CMR 7.01(4)(a): Regulated Fishery Permit Endorsement to fish for scup with any other gear type including, but not limited to, hook and line and scup pots, are subject to the following seasonal limits:

a.May 1^st through May 31^st. During this period, these commercial fishermen may fish for, possess and land scup Sundays through Thursdays and shall not possess or land more than 800 pounds of scup per calendar day or per fishing trip, whichever period is longer. The possession and landing of scup is prohibited on Fridays and Saturdays.

b.June 1^st through June 30^th. During this period, these commercial fishermen may fish for, possess and land scup on Sundays, Tuesdays and Wednesdays and shall not possess or land more than 400 pounds of scup per calendar day or per fishing trip. The possession and landing of scup is prohibited on Mondays, Thursdays, Fridays and Saturdays.

c.July 1^st through September 30^th. During this period, these commercial fishermen may fish for, possess and land scup seven days per week and shall not possess or land more than 1,500 pounds of scup per calendar day or per fishing trip.

4.Quota Closure. It shall be unlawful for commercial fishermen to land or possess scup once the Director has determined that 100% of the annual commercial scup 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).

(e)Trip Limit Restrictions on Trawl Vessels. Notwithstanding the state waters trawl mesh minimum size restrictions at 322 CMR 4.06: Use of Mobile Gear, vessels using trawls shall not possess more than 1,000 pounds of scup from October 1^st through April 14^th, more than 2,000 pounds of scup from April 15^th through June 15^th, nor more than 200 pounds of scup from June 16^th through September 30^th, unless fishing with nets that have a minimum mesh size of five inches diamond applied throughout the cod end of the net for at least 75 continuous meshes forward of the terminus of the net and all other nets are stowed and not available for immediate use.

(3)Recreational Fishery Regulations.

(a)Minimum Size. It is unlawful for any recreational fisher to retain, possess, or land a scup measuring less than:

1. 11 inches in total length when fishing from a vessel.

2. Nine and one-half inches total length when fishing from shore.

(b)Possession and Landing Limits. From May 1^st through December 31^st, it shall be unlawful for any recreational fisher to retain, possess or land more than 30 scup per day. If there are six or more recreational fishers onboard any vessel, the aggregate number of scup possessed by all recreational fishers onboard the vessel shall not exceed 150 fish.

(c)Exemptions for For-hire Vessels. For-hire vessels carrying patrons are provided the following exemptions to the possession and landing limits set forth at 322 CMR 6.27(3)(b):

1.Bonus Season. During the period of May 1^st through June 30^th, any recreational fishers fishing as a patron onboard a for-hire vessel may retain up to 40 scup per day.

2.Vessel Limit. The vessel limit of 150 scup per day shall not apply.

(d)Closed Season. During the period of January 1^st through April 30^th, it shall be unlawful for any recreational fishers to retain, possess, or land any scup.