(1)
Purpose. The
purpose of
322
CMR
7.08 is to provide the Director and the
Marine Fisheries Advisory Commission with controls on the offshore lobster
fishery and to prevent holders of both coastal and federal offshore permits on
a single vessel from increasing the cumulative effort attributable to both
permits. The implementation of the control date and moratorium will prevent
increases in lobster effort to accomplish the goals and objectives of the
interstate lobster management plan.
(2)
Definitions.
Offshore Lobster Permit means the
commercial fisherman permit, issued and managed pursuant to M.G.L. c. 130,
§§ 2 and 38, and
322 CMR 7.01(2)
and 322 CMR 7.08, that authorizes the permit
holder to possess and land lobsters harvested from waters outside the
jurisdiction of the Commonwealth using a vessel registered under the laws of
the state and validly endorsed for FCZ fishing.
(3)
Moratorium.
After February 6, 2003, the Director may not issue new offshore lobster permits
for the purpose of landing lobsters taken with traps from federal waters. The
Director shall renew all existing Offshore Commercial Lobster Permits in
accordance with M.G.L. c. 130, § 38B, and
322 CMR
7.01(2)(b), provided that
catch reports and renewal applications are received by February
28
th and the renewal process, including late
renewals approved for sufficient cause, is completed prior to December
31
st of any year.
Exception. Holders of federal permits
authorized to fish traps in Lobster Conservation Management Area 2 and 3 may
apply to the Director for a new offshore landing permit. The Director may issue
the permit if it is determined to result in no increased trap fishing effort in
waters adjacent to Massachusetts.
(4)
Transfers of Offshore Lobster
Permits.
(a)
Transfer Eligibility Criteria. Limited entry Offshore
Lobster permits are non-transferable unless approved by the Director. The
Director may approve the transfer of a limited entry Offshore Lobster permit
subject to the following criteria:
1. The
holder of the Offshore Lobster permit is in good standing with the marine
fisheries laws and regulations at M.G.L. c. 130, and 322 CMR.
2. The limited entry Offshore Lobster permit
is being transferred in conjunction with a Federal American Lobster Trap permit
that has been held on the same vessel for at least one year.
(b)
Restrictions.
1.
Transfers shall involve the sale or transfer of fishing related business
assets.
2. Transfers may be denied
by the Director if any evidence of fraud is found, or if the Director
determines that the transfer is not in the best interests of the
Commonwealth.
(5)
Forfeiture. All
Offshore Lobster Permits which are not renewed in accordance with 322 CMR
7.08
shall be forfeited to the Division.
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.
Amended by
Mass
Register Issue 1520, eff.
4/26/2024.
