Trap Tags

(1) Lobster Traps. (a) It shall be unlawful for any commercial fisher licensed by the Commonwealth to fish lobster traps: 1. In any waters under the jurisdiction of the Commonwealth without a valid state waters lobster trap tag permanently attached to the trap bridge or central cross-member. 2. In the EEZ portions of Lobster Conservation Management Areas 1, 2 and Outer Cape Cod as designated by the Atlantic States Marine Fisheries Commission Lobster Management Plan (ASMFC Plan) without a valid state waters trap tag or a DMF - issued EEZ lobster trap tag permanently attached to the trap bridge or central cross-member. (b) If the limit established by the ASMFC Plan in any of the management areas exceeds the limit established by 322 CMR 6.13, additional EEZ tags may be purchased by federal permit holders to reach the overall limit established by the ASMFC Plan for each area. (c) Commercial fishers licensed to fish in Lobster Conservation Management Area 3 shall be subject to trap limits and tagging requirements established by the ASMFC Plan. (d) Official commercial lobster trap tags shall be purchased by named permit holders directly from a manufacturer selected by the Division according to established competitive bidding procedures. New tags for the following year will be available after December 1st. Any traps being fished on or after May 1st must have a current year trap tag installed in the trap. (e) In any year, the maximum number of state lobster trap tags authorized for direct purchase by each permit holder shall be: 1. LMCA 1 and LCMA 3. a. Effective through December 31, 2024. The trap limit set by 322 CMR 6.13 plus an additional 10% to cover trap loss. b. Effective January 1, 2025 and Thereafter. The trap limit set by 322 CMR 6.13. 2. All Other LCMA. The trap limit set by 322 CMR 6.13 plus an additional 10% to cover trap loss for permit holders authorized to fish Lobster Conservation Management Areas Outer Cape Cod, 2, 4, 5, and 6. (f) Permit holders may purchase as many tags as needed up to the maximum. (g) Under no circumstance shall the number of traps fished at any time exceed the established trap limit. (2) Fish and Conch Pots. (a) It shall be unlawful to set or fish any scup pot, as defined at 322 CMR 6.12(1), in the waters under the jurisdiction of the Commonwealth without an official state scup pot trap tag permanently attached to the bridge or central cross-member of the trap. (b) It shall be unlawful to set or fish any black sea bass pot, as described at 322 CMR 6.12(1), in the waters under the jurisdiction of the Commonwealth without an official state black sea bass pot trap tag permanently attached to the bridge or central cross-member of the trap. (c) It shall be unlawful for any commercial fisher licensed by the Division of Marine Fisheries to possess on the water, set, or fish any conch pot, as defined at 322 CMR 6.12(1), without an official state conch pot trap tag permanently attached to the bridge or central cross-member of the trap. (d) Official fish pot and conch pot tags shall be purchased directly from a manufacturer selected by the Division according to competitive bidding procedures. All fish pot and conch pot trap tags shall expire on December 31st for the year of issuance. New tags for the following year will be available after December 1st and must be purchased and affixed to the gear, in accordance with 322 CMR 6.31(2)(a), prior to setting that year. (e) In any year the maximum number of state fish pot tags authorized for direct purchase by each permit holder shall be the trap limit established by 322 CMR 6.12 plus 10% to cover trap loss. Permit holders may purchase as many tags as needed up to the maximum for the authorized species plus 10%. Under no circumstances shall the number of traps fished at any time exceed the established trap limit. (f) In any year the maximum number of state conch pot trap tags authorized for direct purchase by each permit holder shall be the trap limit established by 322 CMR 6.12 plus 20% to cover trap loss. Permit holders may purchase as many tags as needed up to the maximum for the authorized species plus 20%. Under no circumstances shall the number of traps fished at any time exceed the established trap limit. (3) Replacement. (a) In the event of trap or tag losses over and above the maximum limit established by 322 CMR 6.31, replacement tags shall be issued to the permit holder by the Division according to the following procedure: 1. Gear loss shall be reported to the Division and the Division of Environmental Law Enforcement on an official form, signed by the permit holder under the pains and penalties of perjury; 2. The form shall be reviewed by both Divisions and a decision reached on the number of replacement tags to be issued, if any; 3. If a decision cannot be reached, a hearing will be scheduled in a Division office to examine evidence and reach a conclusion on the validity of the claim. (4) Prohibitions. (a) It shall be unlawful for any person to possess, set, or fish lobster trap, fish pot, or conch pot gear without a valid annual trap tag affixed to the gear as described at 322 CMR 6.31(1) and (2). (b) It shall be a violation of 322 CMR 6.00 to file a false claim of trap or tag loss for purposes of obtaining additional tags. (c) It shall be a violation of 322 CMR 6.00 to alter or deface a tag, or tamper with the tag(s) of another permit holder.