322 CMR, § 6.31

Current through Register 1536, December 6, 2024

Section 6.31 - Trap Tags

(1)Lobster Traps.

(a) It shall be unlawful for any commercial fisherman licensed by the Commonwealth to fish lobster traps:

1. In any waters under the jurisdiction of the Commonwealth without a valid state waters lobster trap tag permanently attached to the trap bridge or central cross-member.

2. In the EEZ portions of Lobster Conservation Management Areas 1, 2 and Outer Cape Cod as designated by the Atlantic States Marine Fisheries Commission Lobster Management Plan without a valid state waters trap tag or a DMF - issued EEZ lobster trap tag permanently attached to the trap bridge or central cross-member.

(b) If the limit established by the ASMFC Plan in any of the management areas exceeds the limit established by 322 CMR 6.13, additional EEZ tags may be purchased by federal permit holders to reach the overall limit established by the plan for each area.

(c) Fishermen licensed to fish in Lobster Conservation Management Area 3 shall be subject to trap limits and tagging requirements established by the ASMFC Plan.

(d) Official commercial lobster trap tags shall be purchased by permit holders directly from a manufacturer selected by the Division according to established competitive bidding procedures. New tags for the following year will be available after December 1^st. Any traps being fished on or after May 1^st must have a current year trap tag installed in the trap.

1. March 16^th of the following year for traps fished in the Outer Cape Cod Lobster Conservation Management Area; and

2. June 1^st of the following year for traps fished in Lobster Conservation Management Areas 1, 2 and 3.

(e) In any year, the maximum number of state lobster trap tags authorized for direct purchase by each permit holder shall be the trap limit set by 322 CMR 6.13 plus an additional 10% to cover trap loss. Permit holders may purchase as many tags as needed up to the maximum. Under no circumstance shall the number of traps fished at any time exceed the established trap limit.

(2)Fish and Conch Pots.

(a) It shall be unlawful to set or fish any scup pot, as defined at 322 CMR 6.12(1), in the waters under the jurisdiction of the Commonwealth without an official state scup pot trap tag permanently attached to the bridge or central cross-member of the trap.

(b) It shall be unlawful to set or fish any black sea bass pot, as described at 322 CMR 6.12(1), in the waters under the jurisdiction of the Commonwealth without an official state black sea bass pot trap tag permanently attached to the bridge or central cross-member of the trap.

(c) It shall be unlawful to set or fish any conch pot, as defined at 322 CMR 6.12(1), in the waters under the jurisdiction of the Commonwealth without an official state conch pot trap tag permanently attached to the bridge or central cross-member of the trap.

(d) Official fish pot and conch pot tags shall be purchased directly from a manufacturer selected by the Division according to competitive bidding procedures. All fish pot and conch pot trap tags shall expire on December 31^st for the year of issuance. New tags for the following year will be available after December 1^st and must be purchased and affixed to the gear, in accordance with 322 CMR 6.31(2)(a), prior to setting that year.

(e) In any year the maximum number of state fish pot tags authorized for direct purchase by each permit holder shall be the trap limit established by 322 CMR 6.12 plus 10% to cover trap loss. Permit holders may purchase as many tags as needed up to the maximum for the authorized species plus 10%. Under no circumstances shall the number of traps fished at any time exceed the established trap limit.

(f) In any year the maximum number of state conch pot trap tags authorized for direct purchase by each permit holder shall be the trap limit established by 322 CMR 6.12 plus 20% to cover trap loss. Permit holders may purchase as many tags as needed up to the maximum for the authorized species plus 20%. Under no circumstances shall the number of traps fished at any time exceed the established trap limit.

(3)Replacement.

(a) In the event of trap or tag losses over and above the maximum limit established by 322 CMR 6.31(1)(h), replacement tags shall be issued to the permit holder by the Division according to the following procedure:

1. Gear loss shall be reported to the Division and the Division of Environmental Law Enforcement on an official form, signed by the permit holder under the pains and penalties of perjury;

2. The form shall be reviewed by both Divisions and a decision reached on the number of replacement tags to be issued, if any;

3. If a decision cannot be reached, a hearing will be scheduled in a Division office to examine evidence and reach a conclusion on the validity of the claim.

(4)Prohibitions.

(a) It shall be unlawful for any person to set or fish a lobster, fish or conch trap in waters under the jurisdiction of the Commonwealth or the EEZ portions of Lobster Conservation Management Areas 1, 2 and Outer Cape Cod or have a lobster trap in possession or under control while on said waters unless said trap is tagged with an official Massachusetts trap tag in accordance with 322 CMR 6.31(1) and (2) that was issued to that person valid for the current year.

(b) It shall be a violation of 322 CMR 6.00 to file a false claim of trap or tag loss for purposes of obtaining additional tags.

(c) It shall be a violation of 322 CMR 6.00 to alter or deface a tag, or tamper with the tag(s) of another permit holder.

(d)Administrative Penalty. A person found guilty of violating 322 CMR 6.31 by a court of law or pursuant to an adjudicatory proceeding shall have his or her permit suspended and shall be required to remove all gear from waters under the jurisdiction of the Commonwealth for a specified period of time.