(1) The purpose of
322 CMR
7.05 is to help prevent:
(a)
uncontrolled, opportunistic, new mobile gear fishing effort from developing in
state waters by commercial fishermen not traditionally dependent on state
waters' fisheries; and
(b) a shift
of mobile gear effort from federal to state waters in response to the 50%
fishing effort reduction scheduled by the New England Fishery Management
Council to occur by 1998 and described in the Council's Amendment #5 to the
Northeast Multispecies Fishery Management Plan. Furthermore, its purpose is to
establish the basis for developing a more comprehensive limited access program
involving additional conservation measures and CAP
transfers.
(2)
Definitions. For purposes of 322 CMR
7.05, the
following terms shall have the following meanings:
Baseline Vessel means the overall
length of the authorized vessel listed on the permit when the permit was first
issued in 1992 or the overall length of the most recently upgraded
vessel.
Eligibility Period means January 1,
1989 through the April 2, 1992 commercial fisheries control date described in
322 CMR
7.04.
Mobile Gear means any movable fishing
gear or nets which are set, towed, hauled, or dragged through the water for the
harvest of fish, squid, and shellfish including, but not limited to, otter
trawls, beam trawls, bottom and mid-water pair trawls, Scottish seines, Danish
seines, pair seines, purse seines, and sea scallop dredges.
Vessel Overall Length means the
horizontal distance between the outboard side of the foremost part of the stem
and the outboard side of the aftermost part of the stern, excluding rudders,
outboard motor brackets, and other similar fittings and
attachments.
(3)
Permit Holders. All mobile gear fishermen fishing in
waters under the jurisdiction of the Commonwealth shall obtain a coastal access
regulated fishery permit endorsement, issued pursuant to
322 CMR
7.01(4). This permit
endorsement is not required for shellfish fishermen who either hold a regulated
fishery permit endorsement to operate an ocean quahog, surf clam, or bay quahog
dredge or are authorized by city or town regulations to take shellfish under
the authority of a local permit and are fishing only within those city and town
waters.
(4)
Permit
Endorsements. The coastal access permit may be endorsed by the
Director allowing the permit holder to participate in exempted mobile gear
fisheries described in
322 CMR
4.06(2) and
(5).
(5)
Prohibition. It
is unlawful for mobile gear fishermen to fish in waters under the jurisdiction
of the Commonwealth without a coastal access permit. The coastal access permit
shall be carried by the holder at all times and shall be displayed forthwith on
demand of any Environmental Police officer or other official authorized to
enforce 322 CMR.
(6)
Renewals. The Director shall renew all limited entry
permits for which transfers are authorized by
322 CMR
7.06, in accordance with
322 CMR
7.01, provided that renewal applications and
all required catch reports are received by February
28
th of each year, and the renewal process,
including late renewals approved for sufficient cause, is completed prior to
June 30
th of each year.
(7)
Forfeiture.
Beginning January 1, 2000, all limited entry permits subject to
322 CMR
7.06 which are not renewed in accordance with
322 CMR
7.06(2)
shall be forfeited to the Division. All
forfeited permits shall be retired.
(8)
Moratorium. A
Coastal Access Perrnit will be issued only to mobile gear fishermen who renew
their permits in accordance with 322 CMR
7.05(6). Purse seiners fishing for sea
herring, menhaden, may apply for a Coastal Access permit exclusively for purse
seining and are exempted from the moratorium.
(9)
Eligibility
Criteria. (Reserved)
(10)
Appeals
Process. (Reserved)
(11)
Coastal Access Permit (CAP)
Endorsements Transfer Criteria. The transfer of Coastal Access
Permit regulated fishery endorsements are authorized subject to the criteria in
322 CMR
7.06(4)
and subject to the approval of the
Director.
(12)
Vessel
Replacement.
(a)
Guidelines. A Coastal Access Permit holder may change
the authorized vessel listed on the permit provided that the replacement
vessel's overall length does not exceed the overall length of the baseline
vessel by more than 10%. Vessel length overall shall not exceed that specified
in 322 CMR
7.05(13). Vessel upgrades may occur only once during any five-year
period. The permit holder must document his or her ownership of the authorized
vessel.
(b)
Exception. Coastal Access Permit holders authorized to
fish a vessel that measures 45 feet or less in length overall may appeal to the
Director for an exemption to exceed the allowed increases in overall length
provided the upgraded vessel length does not exceed 50 feet in overall length.
The Director may not grant the appeal if the vessel being replaced remains in a
federal fishery using mobile gear.
(13)
Vessel Length
Limit. The maximum vessel length limit for Coastal Access Permits
shall be 72 feet overall length. The Director may require verification of
overall length. Written certification of overall length shall be obtained by
the vessel owner based on the vessel's construction plans or by a marine
surveyor certified by the National Association of Marine Surveyors or
accredited by the Society of American Marine Surveyors, and shall be submitted
to the Director.
