322 Mass. Reg. 7.10

Current through Register 1527, August 2, 2024

Section 7.10 - Recreational Saltwater Fishing Permits

(1)Authority and Purpose.

(a) The Director is authorized, pursuant to St. 2009, c. 161, § 8, to establish the Commonwealth's recreational saltwater fishing permit program in compliance with the state exemption requirements of section 401(g)(2) of the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1881 (the "Federal Act"). The Director, pursuant to his authority under the Federal Act, and M.G.L. c. 130, §§ 17 and 17A, has promulgated 322 CMR 7.10 for the purposes of implementing the state recreational saltwater fishing permit program in regulation.

(b)322 CMR 7.10 identifies the persons who must apply for or are exempt from a recreational saltwater fishing permit, sets forth the application and permit requirements applicable to individual and for-hire permits, and gives notice of the penalties that may be assessed against persons who violate M.G.L. c. 130, § 17C, or 322 CMR 7.10.

(2)Definitions. As used in 322 CMR 7.10, the definitions have the following meaning, unless the context otherwise requires. Other words used in 322 CMR 7.10 have the meaning set forth in 322 CMR 7.01(1).

For-hire means that activity permitted in accordance with M.G.L. c. 130, § 17C, and 322 CMR 7.10(5), whereby the vessel named on the for-hire permit is carrying paying customers for the purpose of recreational fishing.

Recreational Fishing means the noncommercial taking or attempted taking of finfish for personal or family use, sport, or pleasure, and which are not sold, traded or bartered.

Trip means the period of time that begins when the fishing vessel departs from the dock, berth, mooring, beach, seawall, ramp, or port to carry out recreational fishing and terminates with a return to a dock, berth, mooring, beach, seawall, ramp, or port.

(3)Persons Required to Obtain a Permit. Unless exempted pursuant to 322 CMR 7.10(4), all persons engaged in the recreational fishing, or who take or land finfish for recreational purposes in or from the coastal waters of the Commonwealth, shall obtain a recreational saltwater fishing permit from the Director in accordance with 322 CMR 7.10.

(4)Persons Exempt from Obtaining a Permit. A recreational saltwater fishing permit is not required in the following circumstances:

(a) persons younger than 16 years old;

(b) persons who, regardless of their age, otherwise meet the definition of a disabled person in M.G.L. c. 19C;

(c) persons fishing during a for-hire trip conducted under the authority of a for-hire permit issued in accordance with M.G.L. c. 130, § 17C, and 322 CMR 7.10(5).

(d) persons who hold a commercial fishing permit from the Director and keep for personal use any fish taken under the authority of that permit in accordance with the applicable commercial fishing regulations set forth at 322 CMR 6.00 or 9.00; or

(e) nonresident persons holding a valid recreational saltwater fishing permit of any coastal state, provided however, that the Director has determined in writing that the requirements of such other state permit is substantially the same as the permit issued by the Director pursuant to 322 CMR 7.10 and that the other state provides similar privileges granted under its law to residents as permitted by the Director.

(5)For-hire Permit Requirements Applicable to For hire Vessels. The Director may issue a recreational for-hire permit to a named individual for use onboard the vessel identified on the permit application. This permit shall cover all recreational fishing by recreational anglers onboard the for-hire vessel during a for-hire trip, as well as any private recreational fishing conducted by the individual person named on the for-hire permit.

(a)Permit Categories: The following for-hire permit categories are available based on vessel capacity:

1.Charter Boat. The for-hire vessel has a capacity to carry up to six persons fishing as passengers from the for-hire vessel.

2.Head Boat. The for-hire vessel has a capacity to carry seven or more persons fishing as passengers from the for-hire vessel.

(b)Requirement to Post and Give Notice of Rules. The owner or operator, if different from the owner, of a for-hire vessel shall:

1.Charter Boats: give verbal notice to all persons fishing as passengers from the vessel about their compliance with the catch sizes and possession limits.

2.Head Boats:

a. post written rules on the minimum catch sizes and possession limits applicable to the target fish species in a conspicuous and accessible location on the vessel; and

b. give verbal notice to all persons fishing as passengers from the vessel about their compliance with the catch sizes and possession limits, and direct their attention to the posted rules.

(c)Requirement to Carry Measuring Devices. For the purposes of ensuring compliance with the minimum catch size rules:

1. all charter boats shall be equipped with at least one ruler or other appropriate measuring device that is visible and accessible to the passengers; and

2. all head boats shall be equipped with at least five rulers or other appropriate measuring devices that is visible and accessible to the passengers.

(6)Application for a Permit. All applicants for a recreational saltwater fishing permit shall comply with the following requirements:

(a)Application Forms. Application for a recreational saltwater fishing permit shall be made by completing the applicable application form provided by the Director, and by paying the application fee, if applicable, established in 801 CMR 4.00: Rates.

(b)Information Required to Be Provided by the Applicant. In order for an application for a recreational saltwater fishing permit to be considered complete, the applicant shall provide the following information to the Director:

1. An applicant seeking an individual permit shall provide their full name, address, date of birth, and telephone number;

2. An applicant seeking a for-hire vessel permit shall provide the following information about the vessel and the owner, and if applicable, the operator:

a. the name of the vessel, the vessel's registration or documentation number and the vessel's home port;

b. the full name, address, date of birth and telephone number of the owner of the vessel; if there is more than one owner, this identification information shall be provided by each person holding an ownership interest in the vessel;

c. the full name, address and telephone number of the operator; if the operator is different from the vessel owner;

d. if the owner or operator of the vessel is a corporation or other legal entity, the name, address and any other identification information specified in the application form; and

e. any other information deemed necessary or appropriate by the Director to complete the Division's review and action on the application.

(c)Completeness of the Application. The Director shall not issue a recreational saltwater fishing permit before receiving a complete application and payment of the application fee, if applicable, as required under 322 CMR 7.10(6).

(7)Permit Conditions. The Director may include general or special conditions in recreational saltwater fishing permits to provide for and ensure compliance with the requirements of M.G.L. c. 130, § 17C, or 322 CMR 7.10.

(8)Penalties for Violations of M.G.L. c. 130, § 17C, or 322 CMR 7.10. Any person who violates M.G.L. c. 130, § 17C, or 322 CMR 7.10 may be subject to one or more of the following penalties:

(a) the suspension or revocation of the recreational saltwater fishing permit, or the suspension or revocation of a nonresident's authorization to engage in recreational fishing in the coastal waters of the Commonwealth;

(b) the confiscation of all finfish caught, possessed or sold in violation of M.G.L. c. 130, § 17C, or 322 CMR 7.10;

(c) a non-criminal fine in the amount of $50, as provided under M.G.L. c. 21A, §§ 10G and 10H;

(d) when the violator has failed to obtain an individual permit, a criminal fine of not less $50 nor more than $250;

(e) when the violator has failed to obtain an individual permit and has two or more such offenses in violation of M.G.L. c. 130, § 17C, or 322 CMR 7.10, a criminal fine of not less $100 nor more than $500;

(f) when the violator has failed to obtain, or is the holder of, a for-hire permit and the offense is a violation of 322 CMR 7.10, a criminal fine of not less $250 nor more than $1000;

(g) when the violator has failed to obtain, or is the holder of, a for-hire permit and has two or more offenses in violation of 322 CMR 7.10, a criminal fine of not less $500 nor more than $1000;

(h) when the violator has failed to obtain, or is the holder of, a for-hire permit and the offense is a violation of M.G.L. c. 130, § 17C, a criminal fine of not less $500 nor more than $5000;

(i) when the violator has failed to obtain, or is the holder of, a for-hire permit and has two or more offenses in violation of M.G.L. c. 130, § 17C, a criminal fine of not less $1000 nor more than $5000; and

(j) any other sanction or penalty authorized under M.G.L. c. 130.

(9)Permit Fees.

(a) The Director may charge a separate annual fee for each category of permits established by the Director pursuant to 322 CMR 7.10, provided that the amount of such permit fees shall be established by the Secretary of Administration and Finance pursuant to M.G.L. c. 7, § 3B.

(b) The Director or agents authorized by the Director to sell permits may not charge a permit fee to those persons applying for an individual recreational saltwater fishing permit who at the time of the permit application are 60 years of age or older.

(10)Requirements Applicable to Agents Authorized to Sell Permits.

(a) The Director may authorize agents who are not employed by the Commonwealth to sell recreational saltwater fishing permits at point-of-sale locations.

(b) Authorized agents at point-of-sale locations may charge and retain a fee not to exceed $1.50 for their service of selling the permit.

The Director may further specify the eligibility, operational and sale of permit conditions applicable to authorized agents.