(1)
Purpose. The purpose of 322 CMR
7.07 is to establish
consistent standards for dealers to purchase certain species from commercial
fishermen managed by DMF, including those under commercial quotas pursuant to
interstate and federal management plans. To provide a mechanism to collect and
verify landings of all species landed and sold in Massachusetts, dealers are
required to maintain and report on records concerning sale of fish within
Massachusetts. In addition, dealers are required to provide access to said
records to law enforcement officials at a permanent place of business within
the Commonwealth.
(2)
Definitions.
Dealer means any whole sale or retail
seafood dealer permitted by the Director pursuant to M.G.L. c. 130, ยง 80,
and
322 CMR
7.01(3).
Primary Purchase means first
commercial transaction by sale, barter or exchange of any fish or shellfish
after its harvest.
Quota Managed Species means those
species managed by DMF with annual commercial quotas pursuant to interstate
and/or federal management plans. Quota managed species include striped bass,
summer flounder, scup, black sea bass, spiny dogfish, squid, bluefish,
horseshoe crabs and tautog.
(3)
Authorization.
No persons shall make a primary purchase of any species without being properly
permitted by DMF as a dealer and authorized as a primary buyer. In addition,
dealers buying quota managed species must have written authorization from the
Director.
(4)
Dealer
Requirements.
(a) Dealers must
have a permanent place of business in Massachusetts. Dealers shall maintain a
written record at their Massachusetts place of business of all primary
purchases of any species from commercial fishermen in Massachusetts.
(b) Dealers accepting any species from
fishermen shall record all purchases at the time of landing with number of
containers per species, date, time, fishermen's name and DMF commercial
fisherman permit identification number for reporting purposes and inspection by
law enforcement officials. Each container shall be labeled with vessel name and
fishermen's DMF commercial fisherman permit identification number to identify
who the product was purchased from.
(c) Dealers shall report all purchases of all
species either electronically or by phone or in writing based on schedules
established and on forms provided by the Division.
(5)
Prohibitions. It
is unlawful for dealers:
(a) to purchase any
species in excess of any species-specific possession limits established by 322
CMR from a single commercial fisherman regardless of the number of commercial
fisherman permits in possession.
(b) to purchase any species when the
commercial fishery for that species is closed.
(c) to accept or purchase any species from
commercial fishermen during any species-specific no-fishing days established by
any section of 322 CMR or during those species-specific hours of the day when
landing is prohibited established by any section of 322 CMR.
(d) to accept any species of fish from
persons not commercially permitted by DMF.
(6)
Exceptions.
Prohibitions in 322 CMR
7.07(5)(a) through (c) shall not apply to the purchase
of aquaculture-reared product.
Notes
Amended, Mass Register
Issue 1262, eff. 6/6/2014.
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 1387, eff.
3/22/2019.
Amended by
Mass
Register Issue 1416, eff.
5/1/2020.
