322 CMR, § 6.40

Current through Register 1533, October 25, 2024

Section 6.40 - Tautog Fishery Limits

(1)Purpose and Scope. Tautog may be found in the waters off of Nova Scotia to Georgia, with a majority of U.S. landings occurring in state-waters between Cape Cod and Chesapeake Bay. Tautog are targeted by both commercial and recreational fishers along the coast. The tautog resource is managed under the Atlantic States Marine Fisheries Commission's Interstate Fishery Management Plan (FMP) for Tautog. Amendment 1 to the FMP delineates the stock into four regional management units based on biology, fishery characteristics, and limited coast-wide movement. Massachusetts is in a regional management unit with the state of Rhode Island. States within a regional management unit work together to implement similar management measures across jurisdictions. Amendment 1 also mandates that all coastal states implement a commercial fisher tautog tagging program in an effort to address illegal harvest and sale of tautog.

(2)Definitions.

Commercial Fisher means any person who catches, retains, possesses or lands tautog for the purpose of sale, barter or exchange or keeps for personal or family use any tautog taken under the authority of a commercial fishing permit and regulated tautog fishery permit endorsement issued in accordance with M.G.L. c. 130, § 80, and 322 CMR 7.01: Form, Use and Contents of Permits.

Dealer means any person permitted in accordance with M.G.L. c. 130, § 80, and 322 CMR 7.01(3): Coastal Lobster Permit and Trap Allocation Transfer Programs to process, distribute, sell or resell fish.

Closed Commercial Season means that period when commercial fishing is prohibited, including that period between January 1^st and August 31^st and after the quota closure through December 31^st.

Director means the Director of the Division of Marine Fisheries.

Division means the Division of Marine Fisheries.

High Grade means the discarding of a legal-sized fish previously captured and retained in favor of larger legal-sized fish.

Open Commercial Season means that period when commercial fishing is allowed that begins on September 1^st and ends on December 31^st or when the Director projects 100% of the quota is taken and the fishery is closed through Declaration of Closure issued in accordance with 322 CMR 6.41(2), whichever occurs first.

Primary Purchase means the first commercial transaction by sale, barter or exchange of any tautog after it is harvested.

Quota means the Commonwealth's annual total allowable commercial landings of tautog authorized by the Atlantic States Marine Fisheries Commission.

Recreational Fisher means any person authorized pursuant to M.G.L. c. 130, § 17C and 322 CMR 7.10: Recreational Saltwater Fishing Permits to take or attempt to take finfish for personal or family use, sport or pleasure and which are not sold, traded or bartered.

Tautog means that species of fish known as Tautoga onitis.

Tautog ID Tags means the lockable, single-use, tamper evident, and nontransferable metal tags to be affixed to the operculum of tautog retained by commercial fishers. Tautog ID tags are labeled with the year, state code, and a unique identification number traceable to the commercial tautog regulated fishery permit endorsement holder to whom they were issued.

(3)Minimum Size. It shall be unlawful for any person to possess a tautog that measures less than 16 inches in total length for longer than is necessary for immediate measurement and return to the sea.

(4)Recreational Fishery Limits. The following seasons and following recreational fishing possession limits apply:

(a)January 1^st through March 31^st. It shall be unlawful for a recreational fisher to possess or land any tautog.

(b)April 1^st through May 31^st. It shall be unlawful for a recreational fisher to possess or land more than three tautog per calendar day.

(c)June 1^st through July 31^st. It shall be unlawful for a recreational fisher to possess or land more than one tautog per calendar day.

(d)August 1^st through October 14^th. It shall be unlawful for a recreational fisher to possess or land more than three tautog per calendar day.

(e)October 15^th through December 31^st. It shall be unlawful for a recreational fisher to possess or land more than five tautog per calendar day.

(f)Maximum Possession Limit for Anglers Onboard a Private Vessel. The possession limits set at 322 CMR 6.40(4)(a) through (e) shall apply per person per calendar day with a maximum of ten fish per vessel per calendar day. This maximum possession limit shall not apply to anglers fishing onboard for-hire vessels permitted in accordance with 322 CMR 7.10(5): Permit Requirements Applicable to For-hire Vessels.

(g)Trophy Fish Limit. During the period of April 1^st through December 31^st, when recreational fishers may lawfully retain, possess, and land tautog, it shall be unlawful for a recreational fisher to retain, possess, or land more than one tautog with a total length measuring 21 inches or greater per calendar day. Upon retaining one fish with a total length measuring 21 inches or greater it shall be unlawful to retain any additional tautog measuring 21 inches or greater for a period of time longer than is necessary for immediate measurement and return to the sea. It shall be unlawful to high grade tautog.

(5)Commercial Fishery Limits.

(a)Permit Requirements. A commercial fishing permit, issued by the Director pursuant to 322 CMR 7.01(2): Commercial Fishing Permits, and a regulated fishery permit endorsement, issued by the Director pursuant to 322 CMR 7.01(4): Special Permits, are required to sell tautog or to fish for, retain, possess or land tautog in accordance with the tautog commercial fishery regulations at 322 CMR 6.40(5).

(b)Closed Season. It shall be unlawful for a commercial fisher to retain, possess, land or sell or attempt to retain, possess, land or sell any tautog during the closed commercial season.

(c)Commercial Possession Limit. It shall be unlawful for a commercial fisher to retain, possess, land or sell more than 40 tautog within any calendar day during the open commercial season.

(d)Quota Closure. The open commercial season shall close once the Director has determined that 100% of the annual commercial tautog 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).

(6)Commercial Tautog Tagging Program.

(a)Issuance of Tautog ID Tags. The Director shall annually issue Tautog ID Tags to commercial fishers. The annual quantity of Tautog ID Tags to be issued shall be determined by the Director based on the available quota. Tautog ID tags are only valid during the calendar year inscribed thereon.

(b)Commercial Fisherman Requirements.

1.Harvester Tagging. Commercial fishers shall affix a Tautog ID Tag to any tautog retained during the open commercial season. The Tautog ID Tag shall be affixed through the fish's operculum on either side of the fish with the tag information visible on the outside of the fish. All Tautog ID Tags shall be affixed prior to the tautog being offloaded from the fishing vessel for purpose of carring, transportation, sale, or exchange.

Exception. Commercial fishers may fish recreationally for tautog during the open commercial season. Any tautog retained as recreational catch must comply with the recreational fishery limits at 322 CMR 6.40(4) and all recreational catch of other species shall comply with the applicable recreational fishing regulations at 322 CMR 6.00 and 322 CMR 7.10: Recreational Saltwater Fishing Permits. It shall be unlawful for a commercial fisher to car, offer for sale, sell or exchange any tautog retained while recreationally fishing.

2.Primary Sale of Fish. Pursuant to M.G.L. c. 130, § 80 and 322 CMR 7.01(3) and 7.07: Dealers Acting as Primary Buyers, the primary purchase of tautog shall only occur between the commercial fisher and a permitted Massachusetts dealer authorized as a primary buyer. Only those tautog tagged in accordance with 322 CMR 6.40(6)(b) 1. may be sold, offered for sale, or exchanged by a commercial fisherman.

3.Possession of Tautog ID Tags At-sea. Only commercial fishers may possess Tautog ID Tags or affix Tautog ID Tags to tautog during the open commercial season.

4.Tautog ID Tag Accounting. Within 14 days of written request by the Director, commercial fishers shall return to the Division all unused Tautog ID Tags issued to them for the calendar year by the Director, and submit a Tautog ID Tag Accounting Report on forms provided by the Director signed under the pains and penalties of perjury.

(c)Dealer and Seafood Purveyor Requirements for the Purchase, Processing, Possession and Sale of Tautog.

1.Primary Purchase by a Dealer.

a. Only dealers authorized as primary buyers in accordance with 322 CMR 7.07: Dealers Acting as Primary Buyers shall make a primary purchase of tautog from a commercial fisher.

b. At the primary purchase, dealers may only receive tautog that has been tagged in accordance with 322 CMR 6.40(6)(b).

c. The primary purchase of tautog may only occur during the open commercial season.

2.Processing, Possession and Resale by Dealers and Seafood Purveyors. All tautog possessed shall have a Tautog ID Tag for the current calendar year from the Atlantic coastal state from which they were harvested. A dealer may receive, possess, purchase or otherwise acquire tautog from other dealers and may sell, exchange and offer for sale tautog to other dealers or end consumers provided the dealer complies with the following requirements:

a. Tautog ID Tags shall remain affixed to the operculum of any whole tautog - alive or dead - or accompany any processed or filleted tautog while in possession of any person for the purpose of resale.

b. If a dealer or seafood purveyor intends on selling any portions of processed or filleted tautog, the Tautog ID Tag may be removed from the operculum, but shall remain on the premise of the seller until all portions are sold to the end consumer.

c. Once all portions of processed or filleted tautog are sold to the end consumer the Tautog ID Tag may be disposed of.

d.Exceptions.

i. Dealers and seafood purveyors shall liquidate all tautog bearing or accompanied by a Tautog ID Tag from the prior calendar year by last day of February of the current calendar year.

ii. Any tautog, or portion thereof, with a Tautog ID Tag from the prior calendar year shall be sold only to the end consumer.

3.Possession of Massachusetts Caught Fish during the Closed Season. Within 14 days following the quota closure, dealers shall sell off all tautog that bear a Massachusetts Tautog ID Tag or discard such fish and dispose of the Tautog ID Tag.

(d)Prohibitions. It shall be unlawful for:

1. any person to possess any unaffixed Tautog ID Tags except for commercial fishers in possession of those tags issued to them by the Division;

2. any person other than a commercial fishers to affix or attempt to affix a Tautog ID Tag to a tautog;

3. any commercial fisher to transfer, sell, share, attempt to transfer, sell or share any Tautog ID Tags, or obtain through transfer, sale or sharing any Tautog ID Tags not issued to them by the Division;

4. any commercial fisher to car, store at sea, tag, sell, barter or exchange or attempt to sell barter or exchange any tautog taken while fishing recreationally;

5. any commercial fisher to file a false claim of Tautog ID Tag loss for purposes of obtaining additional Tautog ID Tags;

6. any commercial fisher to fail to return all unused tags to the Division in accordance with 322 CMR 6.40(6)(b)4., or fail to surrender their Tautog ID Tags to the Division or Environmental Police upon request;

7. any commercial fisher to fail to submit or to falsify their annual tautog tagging reporting, as required at 322 CMR 6.40(6)(b)4.;

8. any commercial fisher to affix a Tautog ID Tag or possess a tautog with a Tautog ID that has been defaced in any manner that leaves the information on the Tautog ID Tag illegible.

9. any commercial fisher to possess Tautog ID Tags at sea or affix a Tautog ID Tag to a tautog, except during the open commercial season.

10. any dealer to possess tautog bearing or accompanied by a Tautog ID Tag issued by the Division 14 days after Massachusetts' commercial tautog fishery is closed.

11. any person to possess tautog for the purpose of sale or resale without a Tautog ID Tag properly affixed to the operculum of the tautog or accompanying any processed or filleted fish;

12. any person to possess tautog for the purpose of sale or resale when the Tautog ID Tag has been defaced in any manner that leaves the information on the Tautog ID Tag illegible.

13. any person to obtain, purchase, sell or offer for sale a tautog or portion thereof with a Tautog ID Tag from a prior calendar year, except for sale to an end consumer.

14. any dealer or seafood purveyor to possess, obtain, purchase, sell or offer for sale a tautog or portion thereof with a Tautog ID Tag from a prior calendar year after the last day of February of the current calendar year.

15. any commercial fisher to harvest tautog in the waters under the jurisdiction of the Commonwealth and sell that tautog to any entity other than a Massachusetts dealer authorized as a primary buyer.

16. any tautog caught or landed in the jurisdiction of another Atlantic coastal state to be sold into Massachusetts unless that fish was first lawfully sold to a seafood dealer authorized in that state, bears a Tautog ID tag from that state, and - if applicable - was accounted for against that state's commercial tautog quota.

(e)Failure to Comply and Restrictions of Future Access. The Director may prohibit any commercial fisher or dealer who violates 322 CMR 6.40(6) from future participation in the commercial tautog fishery.