322 CMR, § 6.28

Current through Register 1524, June 21, 2024

Section 6.28 - Black Sea Bass Fishery Management

(1)Definitions.

Black Sea Bass means that species of fish known as Centropristis striata.

Black Sea Bass 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 2½ inches diameter, two inches square or 1 3/8 inches by 5¾ inches, and is set on the bottom of the ocean and designed to capture black sea bass.

Black Sea Bass Pot Regulated Fishery Endorsement means those limited entry regulated fishery permit endorsements, issued and managed pursuant to M.G.L. c. 130, §§ 2 and 80, and 322 CMR 7.01(4)(a): Regulated Fishery Permit Endorsement and 322 CMR 7.06: Transfer of Limited Entry Permits, that authorize a named individual to use black sea bass pots for the taking of black sea bass for commercial purposes.

Black Sea Bass Regulated Fishery Endorsement means those limited entry regulated fishery permit endorsements, issued and managed pursuant to M.G.L. c. 130, §§ 2 and 80, and 322 CMR 7.01(4)(a): Regulated Fishery Permit Endorsement and 322 CMR 7.06: Transfer of Limited Entry Permits, that authorize a named individual to harvest, possess and land black sea bass for commercial purposes.

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 Black Sea Bass Quota means the allowable annual Massachusetts commercial harvest of black sea bass 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.

Mobile Gear means any moveable or encircling fishing gear or nets which are towed, hauled, or dragged through the water for the harvest of fish including, but not limited to, pair trawls, otter trawls, beam trawls, mid-water trawls, Scottish seines, Danish seines, pair seines, purse seines or shellfish dredges.

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.

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.

Trawl means any mobile fishing gear or nets which are towed, hauled, or dragged through the water for the harvest of fish including, but not limited to, otter trawls, beam trawls, and pair trawls.

(2)Commercial Fishery Management.

(a)Permit Requirements. A regulated fishery black sea bass permit endorsement or black sea bass pot permit endorsement, issued by the Director pursuant to 322 CMR 7.01(4)(a): Regulated Fishery Permit Endorsement, is required to sell, barter, or exchange black sea bass or to fish for, retain, possess or land black sea bass in accordance with the black sea bass commercial fishery regulations at 322 CMR 6.28(2).

(b)Minimum Size. It is unlawful for any commercial fisherman or dealer to possess black sea bass less than 12 inches in total length, not including the tail tendril.

(c)Possession and Landing Limits. It shall be unlawful for any commercial fisherman to retain, possess, land or sell, barter, or exchange black sea bass, except as authorized at 322 CMR 6.28(2)(c)1. through 5.:

1.Winter Catch Allowance. From January 1^st through March 31^st, it shall be unlawful for a commercial fisherman to possess or land more than 100 pounds of black sea bass.

2.Weirs. From April 1^st through December 31^st, commercial fisherman 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 black sea bass caught in fish weirs. The weir fishery shall close when all permitted weir fishermen have combined to land 24,000 pounds of black sea bass or the commercial black sea bass quota is taken and the fishery is closed in accordance with 322 CMR 6.28(2)(c)6.

3.Black Sea Bass Bycatch Allowance for Trawlers. Beginning on April 23^rdcommercial fishermen using trawl gear may retain, possess, or land up to 100 pounds of black sea bass during any calendar day or trip, whichever period of time is longer.

4.Summertime Black Sea Bass Pot Fishery.

a. Beginning on July 1^st, it shall be unlawful for commercial fishermen permitted to fish black sea bass pots to retain, posses, and land more than 500 pounds of black sea bass taken by black sea bass pots during any calendar day or trip, whichever period of time is longer.

b. Provided DMF projects more than 15% of the quota remains available on September 15^th, during the period of September 15^th through December 31^st, it shall be unlawful for commercial fishermen to permitted to fish black sea bass pots to retain, possess, or land more than 600 pounds of black sea bass taken by black sea bass pot during any calendar day or trip, whichever period of time is longer. If DMF projects 15% of the quota or less remains on September 15^th, the limits provided at 322 CMR 6.28(2)(c)4.a. shall apply.

c. During the period of July 1^st through September 14^th, it shall be unlawful for commercial fishermen using black sea bass pots to retain, possess, or land black sea bass on Fridays and Saturdays.

d. Beginning on September 15^th, commercial fishermen using black sea bass pots may retain, possess, and land black sea bass seven days per week.

5.Other Gear Types.

a. Beginning on July 1^st, it shall be unlawful for commercial fishermen using all other authorized gear types, including but not limited to hook and line, to retain, possess, and land more than 250 pounds of black sea bass caught during any calendar day or trip, whichever period of time is longer.

b. Provided DMF projects more than 15% of the quota remains on September 15^th, during the period of September 15^th through December 31^st, it shall be unlawful for commercial fishermen using all other authorized gear types, including but not limited to hook and line, to retain, possess, or land more than 300 pounds of black sea bass caught during any calendar day or trip, whichever period of time is longer. If DMF projects 15% of the quota or less remains on September 15^th, the limits provided at 322 CMR 6.28(2)(c)5.a. shall apply.

c. During the period of July 1^st through September 14^th, it shall be unlawful for commercial fishermen using all other authorized gear types, including but not limited to hook and line, to retain, possess, or land black sea bass on Fridays and Saturdays.

d. Beginning September 15^th, commercial fishermen using all other authorized gear types, including but not limited to hook and line, may retain, possess, and land black sea bass seven days per week.

e. The regulations set for that 322 CMR 6.28(2)(c)5. shall not apply to commercial fishermen fishing with weirs, trawls, and black sea bass pots regulated pursuant to 322 CMR 6.28(2)(c)2. through 4.

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

(3)Recreational Fishery Regulations.

(a)Minimum Size. It shall be unlawful for any recreational fisher to retain, possess, or land black sea bass measuring less than 16.5 inches in total length not including the tail tendril.

(b)Open Season. During the period of May 18^th through September 3^rd, it shall be unlawful for any recreational fisher to retain, possess, or land more than four black sea bass per day.

(c)Closed Season. During the period of September 4^th through May 17^th, it shall be unlawful for any recreational fisher to retain, possess, or land any black sea bass.