(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 1st and August
31st and after the quota closure through December
31st.
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
1st and ends on December
31st 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 1st through March
31st. It shall be unlawful for a
recreational fisher to possess or land any tautog.
(b)
April
1st through May
31st. It shall be unlawful for a
recreational fisher to possess or land more than three tautog per calendar
day.
(c)
June
1st through July
31st. It shall be unlawful for a
recreational fisher to possess or land more than one tautog per calendar
day.
(d)
August
1st through October
14th. It shall be unlawful for a
recreational fisher to possess or land more than three tautog per calendar
day.
(e)
October
15th through December
31st. 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 1st
through December 31st, 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.
Notes
Amended, Mass Register
Issue 1259, eff. 4/25/2014.
Amended by
Mass
Register Issue 1265, eff. 7/18/2014.
Amended by
Mass
Register Issue 1296, eff. 6/5/2015.
Amended by
Mass
Register Issue 1324, eff.
10/21/2016.
Amended by
Mass
Register Issue 1336, eff.
4/7/2017.
Amended by
Mass
Register Issue 1363, eff.
4/20/2018.
Amended by
Mass
Register Issue 1405, eff.
11/29/2019.
Amended by
Mass
Register Issue 1413, eff.
3/20/2020.
Amended by
Mass
Register Issue 1421, eff.
3/20/2020.
Amended by
Mass
Register Issue 1463, eff.
2/18/2022.
Amended by
Mass
Register Issue 1487, eff.
1/20/2023.
Amended by
Mass
Register Issue 1491, eff.
1/20/2023.
