(1)
Electronic Tracking Devices
for Commercial Lobster Permit Holders.
(a)
Purpose. In
2022, the Atlantic States Marine Fisheries Commission approved and implemented
Addendum XXIX to Amendment 3 to the Interstate Fishery Management Plan for
American Lobster and Addendum IV to the Jonah Crab Fishery Management Plan
pursuant to its authority at 16 USC
5100et seq. These Addenda
require the electronic tracking of all commercial lobster and Jonah crab permit
holders who hold a federal trap allocation authorizing them to fish in waters
under the jurisdiction of federal government. The impetus for the electronic
tracking program was to improve spatial information available to fishery
managers and scientists to support critical data needs, particularly as it
relates to offshore wind energy development and other marine spatial planning
initiatives, as well as right whale conservation and entanglement risk
reduction.
(b)
Definitions. For the purpose of
322
CMR
7.11(1), the following
terms shall have the following meanings:
Commercial Fishers means those persons
who hold a Coastal or Offshore Lobster Permit, issued in accordance with G.L.
c. 130, §§37, 38, and 80 and
322
CMR 7.01(2), to fish with
traps for American lobster and edible crabs and retain, possess or land
American lobster and edible crabs for the purpose of sale, barter, or exchange
or to keep for personal or family use.
Division means the Division of Marine
Fisheries.
Edible Crabs means blue crabs,
Cancer crabs, and other native species of crabs that are
suitable for human consumption. This shall not include species of non-native
crabs including, but not limited to, the European green crab (Carcinus
maenas) or Asian shore crab (Hemigraspus
sanguineus).
Electronic Tracking Device means an
electronic device approved by the Atlantic States Marine Fisheries Commission
and used to track vessel location and collect and transmit this spatial data to
the Division in compliance with Addendum XXIX to the Interstate Fishery
Management Plan for American Lobster and Addendum IV to the Interstate Fishery
Management Plan for Jonah Crabs.
Install means to place and fix an
electronic tracking device onboard a vessel so that it is operable and ready
for use.
NOAA Fisheries means the federal
National Marine Fisheries Service within the National Oceanic and Atmospheric
Administration of the United States Department of Commerce.
Tamper means any activity that may
affect an electronic tracking device's ability to operate or signal properly,
or to accurately compute or report the vessel's position.
(c)
Requirements for Installation
and Activation of Electronic Tracking Devices. Effective May
1,2023, an electronic tracking device shall be installed and activated prior to
beginning a lobster or edible crab fishing trip with trap gear onboard any
vessel named on a Coastal Lobster Permit or Offshore Lobster Permit issued by
the Division and that is also permitted by NOAA Fisheries, pursuant to
50 CFR §
697.4, to fish trap gear for lobsters and
Jonah crabs in the Economic Exclusive Zone. Effective May 1, 2023, an
electronic tracking device shall be installed and activated onboard any vessel
named on a Coastal Lobster Permit or Offshore Lobster Permit issued by the
Division and that is also permitted by NOAA Fisheries, pursuant to
50 CFR §
697.4, to fish trap gear for lobsters and
Jonah crabs in the Economic Exclusive Zone. All permit holders shall sign a
written affidavit confirming the electronic tracking device has been installed
in conformity with
322
CMR
7.11(1)(c).
(d)
Operability of Electronic
Tracking Devices. Unless otherwise authorized by the Director, the
electronic tracking device shall remain onboard the vessel and powered on at
all times when the vessel is in the water.
(e)
Prohibitions. It
shall be unlawful for commercial fishers to:
1. fish, haul, or set trap gear or possess or
land lobsters or edible crabs without an operable electronic tracking device,
if an electronic tracking device is required pursuant to
322
CMR
7.11(1)(c).
2. to tamper with any electronic tracking
device or signal submitted by the electronic tracking device.
3. to install any device other than an
electronic tracking device approved by the Atlantic States Marine Fisheries
Commission for the purposes of complying with
322
CMR
7.11.
(f)
Exemptions. The
Director may issue a Letter of Authorization and Statement of Permit
Conditions, pursuant to M.G.L. c. 130, § 80 and
322
CMR
7.01(7), allowing permit
holders to power down their electronic tracking device or fish with an inactive
electronic tracking device. This authorization may only be issued in response
to a device failure, vessel haul-out, or other similar malfunction of the
vessel or the electronic tracking device. The authorization will be issued for
a discrete period of time that considers the nature of the anticipated
repair.
