Atlantic Bluefin Tuna

(1) Preamble. In 1974, the Massachusetts Division of Marine Fisheries promulgated regulations governing the taking, landing and sale of Atlantic bluefin tuna. 322 CMR 6.00 imposed reporting requirements on tuna fishers, limited the size of the total catch permitted in Massachusetts, and limited the number of vessels in the purse seine fishery for Atlantic bluefin tuna to those vessels which operated in that fishery prior to 1964. In 1975, Congress enacted the Atlantic Tunas Convention Act, 16 U.S.C. 971, et seq., (ATCA). Regulations promulgated pursuant to ATCA established federal reporting requirements, annual catch limits, and an inspection and certification scheme for tuna purse seine vessels (50 CFR Part 285). Pursuant to 50 CFR 285.8, federal regulations were made applicable within Massachusetts territorial waters. In 1976, Massachusetts deleted all provisions of its 1974 regulations with the exception of the limit on the number of fishing vessels in the purse seine fishery for Atlantic bluefin tuna, and extended a provision to cover those purse seine vessels operating in the fishery prior to 1974. NON-TEXT PAGE On June 22, 1979, the United States Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, (NMFS) published an interpretation of its regulations vis-a-vis the Massachusetts regulations stating that the application of federal regulations in state waters is not intended to prevent the application of state regulations which when concurrently applied do not conflict with federal regulations, and are not inconsistent with conservation and management of Atlantic bluefin tuna under recommendations made bythe International Commission for the Conservation of Atlantic Tunas (44 Fed. Reg. 122, 50 CFR 285). This interpretation concluded by stating "No effort has been made in our continuing review of laws and regulations to prevent the concurrent application of regulations such as the Massachusetts limited entry scheme for tuna purse seine vessels." (44 Fed. Reg. at 3639). As of 2020, the Division of Marine Fisheries no longer issues any regulated fishery permit endorsements authorizing the use of purse seines for bluefin tuna. Accordingly, this activity is now prohibited within the waters under the jurisdiction of the Commonwealth. (2) Definitions. For the purposes of 322 CMR 6.04, and unless the context requires otherwise, the following words shall have the following meanings: Director means the Director of the Massachusetts Division of Marine Fisheries, or his or her agents or representatives. Division means the Massachusetts Division of Marine Fisheries. Fish For means to harvest, catch, take or encircle, or attempt to harvest, catch, take or encircle any tuna by means of a purse seine. Tuna means that species of Atlantic bluefin tuna, Thunnus thynnus thynnus, irrespective of size, weight or classification. (3) Prohibition. It shall be unlawful to fish for tuna by means of any net, including purse seines, within the waters under the jurisdiction of the Commonwealth. Except tuna may be taken in fish traps authorized pursuant to M.G.L. c. 130, § 29 as an incidental catch only. The Director shall have the right to inspect any authorized fish trap if it is determined that the fish trap has been set or is being specifically operated to take and trap tuna, and the Director may modify the trap construction and its operations if deemed appropriate. CHART 6.04-1