322 CMR, § 7.06

Current through Register 1536, December 6, 2024

Section 7.06 - Limited Entry Permits

(1)Definitions.

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

Black Sea Bass Fishery Permit 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) and 322 CMR 7.06, that authorize commercial fishing for black sea bass in accordance with the regulations set forth at 322 CMR 6.28.

Black Sea Bass Pot Regulated Fishery Permit 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) and 7.06, that authorize a named individual to use black sea bass pots, as defined at 322 CMR 6.12(1): Definitions, for the taking of black sea bass for commercial purposes.

Bluefish Gillnet Permit 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) and 322 CMR 7.06, that authorize commercial fishing with a bluefish gillnet in accordance with the regulations set forth at 322 CMR 6.18.

Coastal Access Permit 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, 7.05 and 7.06, that authorize the permit holder to use mobile gear in the waters under the jurisdiction of the Commonwealth.

Coastal Commercial Lobster Permit means the commercial fishing permit, issued and managed pursuant to M.G.L. c. 130, §§ 2, 37 and 38, and 322 CMR 7.01(2) and 7.03, that authorizes a named individual to fish for, possess and land lobsters and finfish taken from the waters under the jurisdiction of the Commonwealth for commercial purposes.

Conch Pot Regulated Fishery Permit 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) and 7.06, that authorize a named individual to use conch pots, as defined at 322 CMR 6.12(1): Definitions, for the taking of whelks for commercial purposes.

Director means the Director of the Division of Marine Fisheries

Fish Pot Regulated Fishery Permit Endorsement means those limited entry regulated fishery permit endorsements for black sea bass pots, scup pots and conch pots, issued and managed pursuant to M.G.L. c. 130, §§ 2 and 80, and 322 CMR 7.01(4)(a) and 7.06.

Immediate Family Member means a spouse, child, step child, adopted child, sibling, step sibling, adopted sibling, parent, step parent, adopted parent, grandparent, or grandchild.

Limited Entry Regulated Fishery Permit Endorsement means any regulated fishery permit endorsement that is issued, pursuant to M.G.L. c. 130, §§ 2 and 80, and 322 CMR 7.01(4)(a), and is limited in distribution to renewals only and may be transferred in accordance with 322 CMR 7.06. Limited entry regulated fishery permit endorsements include, but are not limited to: Atlantic menhaden; black sea bass; black sea bass pots; bluefish gillnets; bluefin tuna seines; coastal access permits; conch pots, fluke, horseshoe crabs, sink gillnets; ocean quahog, scup pots, state-waters groundfish, surf clams, and quahog dredges.

Menhaden means that species of fish known as Brevoortia tyrannus.

Menhaden Regulated Fishery Permit 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) and 322 CMR 7.06, that authorize a named individual to commercially fish for menhaden in accordance with the regulations set forth at 322 CMR 6.43.

Owner-operator means the individual named on the commercial fishing permit must be onboard the vessel listed on the said commercial fishing permit when the vessel is at sea during a commercial fishing trip and fishing for, retaining, possessing, or landing any fish taken under the authority of the limited entry regulated fishery permit endorsement appurtenant to said commercial fishing permit. This shall not extend to the sale of any fish harvested or landed under the authority of the limited entry regulated fishery permit endorsement to a primary buyer authorized at 322 CMR 7.07, nor the overland transportation of any fish harvested or landed under the authority of that limited entry regulated fishery permit endorsement for the purpose of sale to a primary buyer authorized at 322 CMR 7.07.

Regulated Fishery Permit Endorsement means any required special permit, issued in accordance with M.G.L. c. 130, § 80, and 322 CMR 7.01(4)(a), for a fishery, gear type or fishing activity regulated by the Director in the form of an endorsement to the commercial fishing permit.

Scup means that species of fish known as Stenotomus chrysops.

Scup Pot Regulated Fishery Permit Endorsement means those regulated fishery permit endorsements, issued and managed pursuant to M.G.L. c. 130, §§ 2 and 80, and 322 CMR 7.01(4)(a) and 7.06, that authorize a named individual to use scup pots, as defined at 322 CMR 6.12(1): Definitions, for the taking of scup.

Tautog means that species of fish known as Tautoga onitis.

Tautog Regulated Fishery Permit 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) and 322 CMR 7.06, that authorize commercial fishing for tautog in accordance with the regulations set forth at 322 CMR 6.40.

Whelk means those species known as Busycon carica (knobbed whelk) and Busycotypus canaliculatus (channeled whelk).

(2)Renewal of Limited Entry Regulated Fishery Permit Endorsements. Annual applications for the renewal of limited entry regulated fishery permit endorsements, which shall include any catch reports or other documentation required by any provision of M.G.L. c. 130, and 322 CMR must be post marked or otherwise marked with the date of receipt by the Division of Marine Fisheries no later than 12:00 A.M. on the last day of February. Renewal applications not post marked or otherwise received by the Division of Marine Fisheries by this deadline may be denied and returned to the applicant. Limited entry regulated fishery permit endorsements that are not post marked or received by the Division of Marine Fisheries prior to 12:00 A.M. on the last day of February may not be approved by the Director.

(3)Retiring of Limited Entry Regulated Fishery Permit Endorsements. All limited entry regulated fishery permit endorsements that are not renewed in accordance with 322 CMR 7.06(2) are automatically forfeited to the Division of Marine Fisheries. All forfeited limited entry regulated fishery permits are retired.

(4)Transfers of Limited Entry Regulated Fishery Permit Endorsements.

(a)Transfer Eligibility Criteria. Limited entry regulated fishery permit endorsements are nontransferable, unless approved by the Director. The Director may approve the transfer of a limited entry regulated fishery permit endorsement subject to the following criteria:

1. The holder of the limited entry regulated fishery permit endorsement is in good standing with the marine fisheries laws and regulations at M.G.L. c. 130, and 322 CMR.

2. The limited entry regulated fishery permit endorsement has been actively fished during four of the last five years, as evidenced by commercial fisher catch reports and SAFIS dealer reports. Final determination of active fishing shall be specified in written policy provided by the Director. Except that black sea bass, fluke, and tautog limited entry regulated fishery permit endorsements need only to have been actively fished during two out of the last five years, as evidenced by commercial fisher catch reports and SAFIS dealer reports.

3. If a permit holder transfers a limited entry regulated fishery Coastal Access Permit endorsement or a Coastal Lobster Permit other limited entry regulated fishery permit endorsements held in conjunction with that permit or permit endorsement may be transferred as part of that transaction, at the request of the permit holder and with approval of the Director.

(b)Transferee Eligibility Criteria.

1.Fish Pot Regulated Fishery Permit Endorsements. To be eligible to obtain a transferable limited entry regulated fishery fish pot permit endorsement, the transferee must document that he or she has one year full-time or the equivalent part-time commercial fishing experience in a commercial pot fishery or two-year full-time or the equivalent part time commercial fishing experience in another commercial fishery, as determined by the Director.

2.All Other Limited Entry Regulated Fishery Permit Endorsements. To be eligible to obtain any limited entry regulated fishery permit endorsement, other than a limited entry regulated fishery fish pot permit endorsement, the transferee must document that he or she has one year full-time or the equivalent part-time commercial fishing experience in a commercial fishery, as determined by the Director.

(c)Exceptions to Transfer Eligibility Criteria.

1. The actively fished performance criteria established at 322 CMR 7.06(4)(a)2. may be waived in instances of a posthumous transfer; a recent disability to the permit holder; or for persons on active military duty, provided that the limited entry regulated fishery permit endorsement was fished four out of the five years preceding the death, disability or military duty. In the case of disability there must be a signed statement from a physician that verifies that the disability prevents the permit holder from fishing. Final determination of active fishing shall be specified in written policy provided by the Director.

2. The permit holder's actively fished criteria and the transferee's experience criteria at 322 CMR 7.06(4) may be waived for transfers to immediate family members.

3. The transfer of regulated fishery permit endorsements for fluke or black sea bass which accompany the transfer of a federal permit for fluke or black sea bass.

(d)Restrictions.

1. Transfers shall involve the sale or transfer of fishing-related business assets.

2. Transfers may be denied if any evidence of fraud is found, or if the Director determines that the transfer is not in the best interests of the Commonwealth.

(e)Restrictions Specific to the Coastal Access Permit.

1. Coastal Access Permits are authorized for use on a specific vessel. If the Coastal Access Permit is issued to the recipient of a transfer, the vessel that is authorized may be either the same vessel as the original permit holder or another vessel that does not exceed by more than 20% the horsepower of the original vessel, nor exceed by more than 10% the length overall, gross registered or net tonnage of the original vessel for which the Coastal Access Permit was issued. Vessel length overall shall not exceed that specified in 322 CMR 7.05(13).

2. No person or corporation may hold more than 5% of the existing Coastal Access Permits issued by DMF.

3. The recipient of a transfer, after obtaining a permit, may not transfer the permit until he or she has fished said permit for two years. This requirement may be waived in instances of a posthumous transfer, a recent disability to the permit holder, or active military duty, provided the performance criteria at 322 CMR 7.06(4)(a)2. were met before death, disability or military service occurred.

(5)Owner-operator Requirements. All Fish Pot Regulated Fishery Permit Endorsements and Menhaden Regulated Fishery Permit Endorsements are issued to a named individual who shall be the owner-operator of that commercial fishing business. This requirement may be waived by means of a letter of authorization from the Director for:

(a) immediate family;

(b) active military duty; or

(c) for up to two years for good cause, including death or disability to the permit holder, subject to annual renewal. In all instances, the performance criteria at 322 CMR 7.06(4)(a)2. shall be met prior to the request for a letter of authorization.