1. (1) Definitions.

Black Sea Bass means that species of fish known as Centropristis striata.

Black Sea Bass Pot means any pot or trap that has six sides and at least two unobstructed escape vents or openings in the parlor section that are at least 2½ inches diameter, two inches square or 1d inches by 5¾ inches, and is set on the bottom of the ocean and designed to capture black sea bass.

Black Sea Bass Pot Regulated Fishery Endorsement means those limited entry regulated fishery permit endorsements, issued and managed pursuant to M.G.L. c. 130, §§ 2 and 80, and 322 CMR 7.01(4)(a): Regulated Fishery Permit Endorsement and 322 CMR 7.06: Transfer of Limited Entry Permits, that authorize a named individual to use black sea bass pots for the taking of black sea bass for commercial purposes.

Black Sea Bass Regulated Fishery Endorsement means those limited entry regulated fishery permit endorsements, issued and managed pursuant to M.G.L. c. 130, §§ 2 and 80, and 322 CMR 7.01(4)(a): Regulated Fishery Permit Endorsement and 322 CMR 7.06: Transfer of Limited Entry Permits, that authorize a named individual to harvest, possess and land black sea bass for commercial purposes.

Commercial Fisher means any person fishing under the authority of a permit issued in accordance 322 CMR 7.01(2) Commercial Fisherman Permits for the purposes of sale, barter, or exchange, or to keep for personal use or family use any fish or shellfish caught under the authority of the commercial fisherman 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.

For-hire Vessel means any vessel that holds a for-hire permit, issued in accordance with M.G.L. c. 130, § 17C and 322 CMR 7.10(5): Permit Requirements Applicable to For-hire Vessels, that is carrying paying customers for the purpose of recreational fishing.

Mobile Gear means any moveable or encircling fishing gear or nets which are towed, hauled, or dragged through the water for the harvest of fish including, but not limited to, pair trawls, otter trawls, beam trawls, mid-water trawls, Scottish seines, Danish seines, pair seines, purse seines or shellfish dredges.

Quota means the Commonwealth’s share of the annual commercial black sea bass quota adopted by the Atlantic States Marine Fisheries Commission.

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

Total Length means the greatest straight line length, in inches, measured on a fish with its mouth closed from the anterior most tip of the jaw or snout to the farthest extremity of the tail. For fish with a forked tail, the upper and lower fork may be squeezed together to measure the tail extremity.

Trawl means any mobile fishing gear or nets which are towed, hauled, or dragged through the water for the harvest of fish including, but not limited to, otter trawls, beam trawls, and pair trawls.

Trip Limit means the maximum lawful amount of black sea bass 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 by 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 Management.

   1. (a) Permit Requirements. A regulated fishery black sea bass permit endorsement or black sea bass pot permit endorsement, issued by the Director pursuant to 322 CMR 7.01(4)(a): Regulated Fishery Permit Endorsement, is required to sell, barter, or exchange black sea bass or to fish for, retain, possess or land black sea bass in accordance with the black sea bass commercial fishery regulations at 322 CMR 6.28(2).
   2. (b) Minimum Size. It shall be unlawful for any commercial fisher or dealer to possess black sea bass less than 12 inches in total length, not including the tail tendril.

   3. (c) Trip Limits and Open Fishing Days. It shall be unlawful for any commercial fisher to retain, possess, land or sell, barter, or exchange black sea bass within the waters under the jurisdiction of the Commonwealth, except as authorized at 322 CMR 6.28(2)(c)(1) through (4):

      1. 1. Fish Weir Set-Aside. From April 1st through December 31st, commercial fishers permitted in accordance with 322 CMR 7.01(4)(a): Regulated Fishery Permit Endorsement to operate a fish weir, shall not be subject to trip limits or closed commercial fishing days for black sea bass caught in fish weirs. The weir fishery shall close when all permitted weir fishers have combined to land 24,000 pounds of black sea bass.
      2. 2. Black Sea Bass Bycatch Allowance for Trawlers. The trip limit for commercial fishers using trawl gear shall be 100 pounds.

      3. 3. Summertime Black Sea Bass Pot Fishery.

         1. a. Trip Limit. Except as authorized at 322 CMR 6.28(2)(c)(3)(b), beginning on July 1st, the trip limit for commercial fishers permitted to fish black sea bass pots shall be 500 pounds.
         2. b. Quota Based In-Season Trip Limit Increase. Should DMF determine that more than 15% of the quota will remain available after August 31st , the trip limit for commercial fishers permitted to fish black sea bass pots shall be increased to 600 pounds effective September 1st .
         3. c. Fishing Days (July 1st through August 31st). During the period of July 1st through August 31st, commercial fishers using black sea bass pots may retain, possess, land, and sell black sea bass on Sundays, Mondays, Tuesdays, Wednesdays, and Thursdays. It shall be unlawful to conduct such activities on Fridays and Saturdays.
         4. d. Fishing Days (September 1st through December 31st). Beginning on September 1st, commercial fishers using black sea bass pots may retain, possess, and land black sea bass seven days per week.

      4. 4. Other Gear Types.

         1. a. Trip Limit. Except as authorized at 322 CMR 6.28(2)(c)(4)(b), beginning on July 1st , the trip limit for commercial fishers using all other authorized gear types, including but not limited to hook and line, shall be 250 pounds.
         2. b. Quota Based In-Season Trip Limit Increase. Should DMF determine that more than 15% of the quota will remain available after August 31st , the trip limit for commercial fishers using all other authorized gear types, including but not limited to hook and line, shall be 300 pounds effective September 1st.
         3. c. Fishing Days (July 1st through August 31st). During the period of July 1st through August 31st, commercial fishers using all other authorized gear types, including but not limited to hook and line, may retain, possess, land, and sell black sea bass on Sundays, Mondays, Tuesdays, Wednesdays, and Thursdays. It shall be unlawful to conduct such activities on Fridays and Saturdays.
         4. d. Fishing Days (September 1st through December 31st). Beginning September 1st, commercial fishers using all other authorized gear types, including but not limited to hook and line, may retain, possess, and land black sea bass seven days per week.
         5. e. The regulations set for that 322 CMR 6.28(2)(c)(4) shall not apply to lawfully permitted commercial fishers fishing with weirs, trawls, and black sea bass pots regulated pursuant to 322 CMR 6.28(2)(c)(1) through (3).
      5. 5. Quota Closure. It shall be unlawful for commercial fishers to possess or land black sea bass once the Director has determined that 100% of the 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).

2. (3) Recreational Fishery Regulations.

   1. (a) Minimum Size. It shall be unlawful for any recreational fisher to retain, possess, or land black sea bass measuring less than 16.5 inches in total length not including the tail tendril.
   2. (b) Open Season. During the period of May 17th through September 1st , it shall be unlawful for any recreational fisher to retain, possess, or land more than four black sea bass per day.
   3. (c) Closed Season. During the period of September 2nd through May 16th, it shall be unlawful for any recreational fisher to retain, possess, or land any black sea bass.