1. (1) Definitions. For the purposes of 322 CMR 6.22, the following terms shall have the following meanings.

Commercial Fisher means any person permitted in accordance with M.G.L. c. 130, § 80 and 322 CMR 7.01(2) to retain, possess, and land summer flounder for purpose of sale, barter, or exchange or who keeps for personal or family use any summer flounder taken under the authority of said permit.

Dealer means any wholesale or retail seafood dealer permitted by the Director pursuant to M.G.L. c. 130, § 80, and 322 CMR 7.01(3): Dealer Permits.

Director means the Director of the Division of Marine Fisheries.

Land means to transfer or attempt to transfer the catch of summer flounder from any vessel to any other vessel or onto any land, pier, wharf, dock or other artificial structure, or for a fishing vessel with any summer flounder onboard to tie-up to any pier, wharf, dock, or artificial structure.

Period I means the commercial fishery for summer flounder occurring between January 1st and April 22nd .

Period II means the commercial fishery for summer flounder occurring between April 23rd and December 31st .

Quota means the Commonwealth's share of the annual commercial summer flounder quota adopted by the Atlantic States Marine Fisheries Commission.

Recreational Fisher means any person who harvests or attempts to harvest fish for personal or family use, sport or pleasure, which are not to be sold, bartered, or exchanged.

Summer Flounder means fluke or that species of fish known as Paralichthys dentatus.

Trip means that period of time that begins when a fishing vessel departs from a dock, berth, beach, seawall, ramp or port to carry out commercial fishing operations and that ends with a return to a dock, berth seawall, ramp or port.

Trip Limit means the maximum lawful amount of summer flounder that a commercial fisher may retain, possess, or land within the waters under the jurisdiction of the Commonwealth or sell, barter or exchange or offer for sale, barter, or exchange. Trip limits apply per trip or per calendar day, whichever period of time is longer and are applied to the vessel named on the commercial fishing permit regardless of the number of commercial fishing permits or letters of authorization carried on board the vessel.

1. (2) Commercial Fishery.

   1. (a) Minimum Size. It shall be unlawful for any commercial fisher to retain, possess, or land summer flounder less than 14 inches in total length.

   2. (b) Seasonal Quota Allocations. Annually, the quota shall be allocated between the Period I fishery and the Period II fishery. In accordance with 322 CMR 6.22(2)(b)(1) and (2), the allocation shall be set annually based on the magnitude of the quota. Any unused portion of the quota from Period I may be re-allocated to Period II. Overharvest of either period allocation may be deducted from the corresponding period in the following year.

      1. 1. If the quota is 750,000 pounds or greater, the Period I fishery shall be allocated 30% of the quota and the Period II fishery shall be allocated 70% of the quota.
      2. 2. If the quota is less than 750,000 pounds, the Period I fishery shall be allocated 15% of the quota and the Period II fishery shall be allocated 85% of the quota.

   3. (c) Period I (January 1st through April 22nd).

      1. 1. Beginning on January 1st the trip limit shall be 5,000 pounds. This trip limit shall remain in effect through April 22nd or until DMF determines that 100% of the Period I quota allocation, as established at 322 CMR 6.22(2)(b), has been reached, whichever occurs sooner.
      2. 2. Should DMF determine that the Period I quota allocation, as set forth at 322 CMR 6.22(2)(b) has been reached on or before April 22nd , the trip limit for all commercial fishers shall be 100 pounds. This trip limit shall become effective on the calendar day immediately following the determination.
      3. 3. Annual Authorization of Multi-State Program and Exception to Trip Limit. Subject to an annual authorization from the Director, vessels landing in Massachusetts may possess summer flounder in quantities exceeding the limits at 322 CMR 6.22(2)(c)(1) through (3), provided the non-conforming fish is to be landed in another state, is clearly labeled identifying the state it is to be landed in, and it remains on the vessel while the Massachusetts limit is being landed.

   4. (d) Period II (April 23rd through December 31st).

      1. 1. Trip Limits for Commercial Fishers Using Nets from April 23rd through September 30th . During the period of April 23rd through September 30th, the initial trip limit for any commercial fisher using nets shall be 600 pounds. In accordance with 322 CMR 6.22(2)(d)(1)(a) through (c), this trip limit may be adjusted in season based on quota utilization:

         1. a. Should DMF determine that 75% of the quota is taken on or before August 15th , then the trip limit for any commercial fisher using nets shall be reduced to 400 pounds. This trip limit shall become effective on the calendar day immediately following the determination.
         2. b. Should DMF determine that 90% of the quota is taken on or before September 1st, then the trip limit for any commercial fisher using nets shall be reduced to 200 pounds. This trip limit shall become effective on the calendar day immediately following the determination.
         3. c. Should DMF determine that more than 20% of the quota will remain available after August 31st , then the trip limit for any commercial fisher using nets shall be increased to 1,000 pounds effective September 1st .

      2. 2. Trip Limits for Commercial Fishers Using Hook and Line Gear from April 23rd through September 30th . During the period of April 23rd through September 30th , the initial trip limit for a commercial fisher using hook and line gear shall be 600 pounds. In accordance with 322 CMR 6.22(2)(d)(2)(a) through (c), this trip limit may be adjusted in season based on quota utilization:

         1. a. Should DMF determine that 75% of the quota is taken on or before August 15th , then the trip limit for a commercial fisher using hook and line gear shall be reduced to 200 pounds. This trip limit shall become effective on the calendar day immediately following the determination.
         2. b. Should DMF determine that 90% of the quota is taken on or before September 1st, then the trip limit for commercial fishers using hook and line gear shall be reduced to 200 pounds. This trip limit shall become effective on the calendar day immediately following the determination.
         3. c. Should DMF determine that more than 20% of the quota remains on August 31st, then the trip limit for a commercial fisher using hook and line gear shall be increased to 1,000 pounds effective September 1st .

      3. 3. Trip Limits for Commercial Fishers from October 1st through December 31st .

         1. a. During the period of October 1st through October 31st, the summer flounder trip limit shall be set based on the utilization of the annual quota through September 30th . Should DMF determine that 10% or less of the quota remains on September 30th, then the trip limit for all commercial fishers shall be 1,000 pounds effective October 1st. However, should DMF determine that more than 10% of the quota will remain available after September 30th, then the trip limit for all commercial fishers shall be 5,000 pounds.
         2. b. During the period of November 1st through December 31st, the summer flounder trip limit shall be set based on the utilization of the annual quota through October 31st . Should DMF determine 20% or less of the quota remains on October 31st, then the trip limit for all commercial fishers shall be 5,000 pounds. However, should DMF determine that more than 20% the quota will remain available after October 31st, then the trip limit for all commercial fishers shall be 10,000 pounds.
         3. c. Annual Authorization of Multi-State Program and Exception to Trip Limit. Subject to an annual authorization from the Director, vessels landing in Massachusetts may possess summer flounder in quantities exceeding the limits in 322 CMR 6.22(2)(d)(3), provided the non-conforming fish is to be landed in another state, is clearly labeled identifying the state it is to be landed in, and it remains on the vessel while the Massachusetts limit is being landed.
      4. 4. Summer Flounder Limits for Vessels Fishing with Small Mesh Trawls. The trip limit shall be 100 pounds for any commercial fisher fishing with trawl gear and using a net with net mesh less than 5.5" diamond or 6" square throughout the cod end of the net.
   5. (e) Quota Closure. It shall be unlawful for any commercial fisher to retain, possess, land, sell, barter, or exchange or offer for sale, barter, or exchange any summer flounder once the Director has determined that 100% of the commercial summer flounder 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. (f) Offloading Prohibition. It is unlawful for commercial fisher to offload or attempt to offload summer flounder from 10:00 P.M. through 6:00 A.M.
   7. (g) Inspection. Commercial fishers shall keep all summer flounder separate from the rest of the vessel's catch and readily available for immediate inspection by the Office of Law Enforcement.
   8. (h) Requirements for Dealers. All dealers authorized as primary buyers permitted in accordance with M.G.L. c. 130, 322 CMR 7.01(3): Dealer Permits and 322 CMR 7.07: Dealers Acting as Primary Buyers shall obtain a federal dealer permit from the National Marine Fisheries Service to purchase summer flounder directly from commercial fishers during the Period I commercial summer flounder fishery.
2. (3) Permitting Requirements. A regulated fishery permit endorsement, issued by the Director pursuant to 322 CMR 7.01(4)(a): Regulated Fishery Permit Endorsement, is required to retain, possess, land, sell, barter, or exchange or offer for sale, barter, or exchange any summer flounder in accordance with summer flounder commercial fishery regulations at 322 CMR 6.22(2).

3. (4) Recreational Fishery Season and Limits.

   1. (a) Minimum Size. It shall be unlawful for any recreational fisher to retain, possess, or land a summer flounder measuring less than:

      1. 1. 17.5 inches total length when fishing from a vessel.
      2. 2. 16.5 inches total length when fishing from shore.
   2. (b) Open Season. During the period of May 24th through September 23rd , it shall be unlawful for any recreational fisher to retain, possess, or land more than five summer flounder per day.
   3. (c) Closed Season. From September 24th through May 23rd , it shall be unlawful for any fisher to retain, possess, or land any summer flounder.