322 CMR, § 7.04

Current through Register 1536, December 6, 2024

Section 7.04 - Commercial Fisheries Control Date

(1)Purpose. The purpose of 322 CMR 7.04 is to provide the Director and Marine Fisheries Advisory Commission with time to develop further access controls in certain commercial fisheries, including moratoria and limited entry, without the Director and Commission having to deal with large numbers of applicants attempting to enter the fisheries before access is restricted or denied. The implementation of the control date on an emergency basis is necessary to prevent a surge of applicants for licenses into fisheries for which the Director and the Commission may decide to restrict access in the future.

(2)Control Dates.

(a)Mobile Gear. After April 2, 1992, any person issued a commercial fishing permit to conduct any fishery using gillnets or trammel nets, or any mobile 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, otter trawls, beam trawls, pair trawls, mid-water trawls, Scottish seines, Danish seines, pair seins, or sea scallop dredges, excluding purse seines and shellfish dredges, within waters under the jurisdiction of the Commonwealth, will not be assured of future access to or participation in these fisheries if a management regime is developed and implemented that limits the number of participants in these fisheries.

(b)Hook Gear. After March 6, 2008, any person issued a new commercial fishing permit to conduct any fishery using hook-and-line, longline, or handgear within waters under the jurisdiction of the Commonwealth, excluding the commercial striped bass fishery, may be subject to eligibility criteria for determining levels of future access to and allowable harvest of these fisheries. Future entry into such fisheries may be based on historic harvest levels of a vessel, person, or other criteria established by the Director.

(c)Spiny Dogfish. After November 6, 2008, any person issued a new regulated fishery endorsement for spiny dogfish may be subject to eligibility criteria for determining levels of future access to and allowable harvest of this fishery. Future entry into such fisheries may be based on historic harvest levels of the permit holder.

(d)Striped Bass. Access into the commercial striped bass fishery may be limited in the future. Decisions to limit access may be based on permitting history, landings, or other activity criteria established by the Director. Commercial fishers are hereby notified that any person obtaining a new regulated fishery permit endorsement for striped bass after June 14, 2022 or any person who did not have a certain level of landings prior to June 14, 2022 may not be provided future access to this fishery or may be subject to eligibility criteria for determining levels of future access and allowable harvest in this fishery.

(e)Tautog. Any person who did not report the lawful landing or selling of tautog under the authority of the commercial fishing permit prior to August 28, 2017 may not be provided future access into this fishery and may be subject to eligibility criteria for determining levels of future access to and allowable harvest in this fishery. Future access may be based on historic landings of a vessel or by a person, or other criteria established by the Director.

(f)Groundfish Endorsement. After December 31, 2018, any person issued a state-waters groundfish endorsement may be subject to eligibility criteria for determining future access to or participation in this regulated fishery. Such eligibility criteria may include historic landings of a vessel, a person or other criteria to be established by the Director.

(g)Menhaden. After August 1, 2023, any person issued a regulated fishery permit endorsement for a named individual and vessel to fish commercially for Atlantic menhaden may be subject to eligibility criteria for determining future access to or participation in this fishery. Future access may be limited based on historic landings by a permit holder or other criteria to be established by the Director.

(h)CAP Purse Seine. Access into the purse seine fishery may be limited in the future. Decisions to limit access may be based on permitting history, fishing activity with purse seine, landings attributable to purse seines, or other criteria to be established by the Director. Commercial fishers are hereby notified that any person obtaining a new CAP-Purse Seine regulated fishery permit endorsement after August 1,2023 may not be provided future access to this fishery or may be subject to eligibility criteria for determining levels of future access based on this control date.

(i)Biomedical Horseshoe Crab Processor Permit. Access to the biomedical horseshoe crab processor permit may be limited in the future. Decisions to limit access may be based on prior permitting history, prior history of purchasing horseshoe crabs from biomedical harvesters or biomedical horseshoe crab dealers in Massachusetts, prior history of processing horseshoe crabs in Massachusetts, or other criteria established by the Director. Any person obtaining a new biomedical horseshoe crab processor after January 1,2023 is hereby notified that they may not have access to this permit in the future or may be subject to eligibility criteria when determining future access.