Spiny Dogfish Management

(1) Definitions. For the purposes of 322 CMR 6.35, the following terms shall have the following meanings: Fin or Finning means the act of taking a spiny dogfish and removing the fins. Night means the time between ½ hour after sunset to ½ hour before sunrise during the period March 1st through October 31st or from 6:00 P.M. to 6:00 A.M. during the period November 1st through the last day of February. Spiny Dogfish means that species of fish known as Squalus acanthias. Spiny Dogfish Commercial Quota means the allowable annual commercial harvest of spiny dogfish, as specified by the Atlantic States Marine Fisheries Commission under the authority of the interstate and federal management plans. (2) Permit. A regulated fishery permit endorsement, issued by the Director pursuant to 322 CMR 7.01(4)(a): Regulated Fishery Permit Endorsement shall be required of all commercial fishermen taking or landing spiny dogfish in accordance with 322 CMR 6.35. (3) Dealer Authorization. It is unlawful for dealers, without written authorization from the Director, to purchase spiny dogfish from commercial fishermen. (4) Dealer Reporting. Dealers shall report all purchases of spiny dogfish by phone and in writing based on schedules established and on forms to be provided by the Division. (5) Possession Limit. It shall be unlawful for commercial fishermen to possess or land more than 7,500 pounds of spiny dogfish during any trip or calendar day, whichever period of time is longer. To the extent that it is required by the Atlantic States Marine Fisheries Commission or the National Marine Fisheries Service, the Director may adjust the manner and times of taking spiny dogfish, the legal size of spiny dogfish to be taken, and the quantities of spiny dogfish to be taken in accordance with the authority and procedure set forth at 322 CMR 6.41(2) to make commercial fishery limit adjustments for quota managed species. (6) Quota Closure. It shall be unlawful for a commercial fisherman to retain, possess, or land spiny dogfish once the Director has determined 100% of the spiny dogfish commercial 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). (7) Prohibitions. It is unlawful for any person while at sea to fin a spiny dogfish or to possess spiny dogfish fins.