322 CMR 7.01
Form, Use and Contents of Permits
(1)
Definitions. For purposes of 322 CMR 7.01, unless the context requires otherwise, the
following words shall have the following meanings:
At-sea Processing means to receive or transfer fish, fillet fish or shuck shellfish and/or freeze
fish or shellfish. At-sea processing does not include the filleting of finfish for personal use as
authorized pursuant to 322 CMR 6.41(2)(a): Possession of Fish Parts by Commercial Fishers;
the evisceration of finfish, including the removal of codfish gonads and monkfish livers; the
separating of monkfish tails from whole monkfish; and the shucking of bay scallops and sea
scallops under the authority of a regulated fishery permit endorsement.
Bait means marine organisms including, but not limited to, fish, shellfish and seaworms
exclusively used to attract and harvest other fish and shellfish.
Commercial Fishing means to take or harvest any fish or shellfish for purposes of sale, barter or
exchange, or to keep for personal or family use any fish or shellfish taken under the authority of
a commercial permit issued by the Director.
Commercial Purposes means the possession or attempted possession of any fish or shellfish in
connection with any person, business or other undertaking intended for sale, barter, exchange or
other forms of profit, excluding for-hire recreational fishing businesses permitted in accordance
with 322 CMR 7.10(5).
Director means the Director of the Division of Marine Fisheries.
Harvest means to catch, dig, take or attempt to catch, dig or take any fish, shellfish or bait.
Immediate Family means a spouse, child, step child, adopted child, sibling, step sibling, adopted
sibling, parent, step parent, adopted parent, grandparent, grandchild.
Land or Landing as used in 322 CMR 7.00, and in M.G.L. c. 130, § 80, means to transfer or
attempt to transfer the catch of fish or shellfish 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 fish onboard
to tie-up to any dock, pier or other artificial structure.
Mobile Device means any electronic device that can be carried on one's person, such as a
smartphone, which is capable of displaying a true, complete and legible image of a current and
valid permit issued by the Division.
Mobile Gear means any movable fishing gear or nets which are set, towed, hauled, or dragged
through the water for the harvest of fish, squid, and shellfish including, but not limited to, otter
trawls, beam trawls, bottom and mid-water pair trawls, Scottish seines, Danish seines, pair
seines, purse seines, and sea scallop dredges. For the purpose of 322 CMR 7.01, mobile gear
does not include surf clam and ocean quahog dredges, bay quahog dredges or the use of
moveable fishing gear by shellfish fishers authorized under a local permit to take shellfish and
are fishing only within those city or town waters.
(Mass. Register #1578, 07/17/2026)
Non-commercial means the harvest of fish, shellfish or bait for purposes of personal or family
use only and not for purposes of sale, barter or exchange.
Online System means the online permitting systems for the issuance of permits issued by the
Division of Marine Fisheries accessible via the agency's website.
Possession or to Possess means to have custody or control of, or to handle or hold.
Recreational Fishing means the non-commercial taking or attempted taking of finfish for
personal or family use, sport or pleasure which are not sold, bartered, or exchanged.
Registered Length means that length set forth in either the U.S. Coast Guard or Massachusetts
Boat and Recreational Vehicle Safety Bureau, whichever is applicable.
Shellfish means clams, conchs, limpets, mussels, oysters, periwinkles, quahogs, razor clams, bay
scallops, sea scallops, surf clams, ocean quahogs and winkles.
Vessel means any commercial fishing vessel, boat, ship or other water craft registered under the
laws of the Commonwealth (state) as defined in M.G.L. c. 130, § 1, and which is used
exclusively to harvest fish or shellfish for purposes of sale, barter or exchange, and shall include
any vessel documented under the laws of the United States to carry passengers for hire
exclusively to harvest fish or shellfish.
(2) Commercial Fishing Permits. In order to harvest, possess or land fish, shellfish or bait for
commercial purposes, the following permits are required for the following fishing activities:
(a) Coastal Lobster. Issued to a named individual in accordance with 322 CMR 7.01
authorizing the possession and landing of lobster and fish for commercial purposes from
waters within the jurisdiction and authority of the Commonwealth in accordance with
M.G.L. c. 130, § 38B and 322 CMR 7.01. This permit may be endorsed for the harvest,
possession and landing of shellfish and seaworms for commercial purposes. The permit shall
include a restriction that memorializes the permit holders declaration of the ASMFC Lobster
Management Areas the permit holder will fish during a calendar year. If the permit
authorizes fishing in more than one area, the permit shall be subject to the most restrictive
ASMFC lobster management regulations governing the permitted fishing area, as set forth
in 322 CMR 6.02(2): Maximum and Minimum Sizes and 322 CMR 6.02(5): V-notched
Female Lobster Protection.
(b) Offshore Lobster. Authorizes the possession and landing of lobsters harvested from
waters outside the jurisdiction of the Commonwealth using a vessel registered under the laws
of the state and validly endorsed for FCZ fishing. This permit shall be further endorsed for
gear type to enhance management, reporting, and enforcement of gear-specific trip limits by
requiring a non-trap endorsement for those permit holders fishing with non-trap gear; permits
fished with trap gear will be the default category and not require a distinct endorsement.
Offshore lobster permit holders or users may not also hold, use or have on board an
individual non-commercial or family non-commercial lobster permit. The permit shall
include a restriction that memorializes the permit holders declaration of the ASMFC Lobster
Management Areas the permit holder will fish during a calendar year. If the permit
authorizes fishing in more than one area, the permit shall be subject to the most restrictive
ASMFC lobster management regulations governing the permitted fishing area, as set forth
in 322 CMR 6.02(2): Maximum and Minimum Sizes and 322 CMR 6.02(5): V-notched
Female Lobster Protection.
(c) Boat 100 Feet or Greater. Authorizes the harvest, possession and landing of fish for
commercial purposes using a vessel 100 feet registered length or greater. Said permits shall
authorize the crew of said vessel to fish under its authority and may be endorsed upon request
of the applicant for the harvest, possession and landing of shellfish and seaworms for
commercial purposes.
(d) Boat 60 to 99 Feet. Authorizes the harvest, possession and landing of fish for
commercial purposes using a vessel from 60 to 99 feet registered length. Said permit shall
authorize the crew of the vessel to fish under its authority and may be endorsed upon request
of the applicant for the harvest, possession and landing of shellfish and seaworms for
commercial purposes.
(e) Boat 0 to 59 Feet. Authorizes the harvest, possession and landing of fish for commercial
purposes using a vessel from 0 to 59 feet registered length. Said permit shall authorize the
crew of said vessel to fish under its authority and may be endorsed upon request of the
applicant for the harvest, possession and landing of shellfish and seaworms for commercial
purposes.
(f) Seasonal Lobster. Authorizes only the named individual to harvest, possess and land
lobsters for commercial purposes, to be issued only to full-time students 12 years of age or
older and conditioned to authorize the harvest, possession and landing of lobsters for
commercial purposes only from June 15th to September 15th of each year and further
conditioned to the use of not more than 25 lobster traps. DMF may issue up to 150 seasonal
lobster permits for use during any single calendar year.
(g) Shellfish and Seaworms. Authorizes only the named individual to harvest, possess and
land shellfish and seaworms for commercial purposes, and may be endorsed for the shucking
of bay scallops.
(h) Individual. Authorizes only the named individual to harvest, possess and land fish for
commercial purposes. Said permit may be endorsed upon request of the applicant for the
harvest, possession and landing of shellfish and seaworms for commercial purposes.
(i) Shellfish/Rod and Reel. Authorizes the harvest, possession and landing of shellfish for
commercial purposes and/or the harvest, possession or landing of fish by means of a rod and
reel for commercial purposes subject to 322 CMR 7.01(10).
(j) Rod and Reel. Authorizes only the named individual to harvest, possess and land for
commercial purposes by means of a rod and reel.
(k) Shellfish Transaction Card. Authorizes only the named individual holding a commercial
fishers permit endorsed for shellfish and seaworms to sell shellfish and seaworms, and shall
be used in conjunction with either a Massachusetts driver's license or a Registry of Motor
Vehicles identification card.
(3) Dealer Permits. The following categories of permits may be issued by the Director and are
required for the following activities:
(a) Wholesale Dealer. Authorizes the wholesale possession, distribution, processing, sale
or resale of raw fish and shellfish. Said permit includes authorization for the retail sale and
retail resale of fish and shellfish from a fixed location approved in writing by the
Massachusetts Department of Public Health.
(b) Wholesale Broker. Authorizes the wholesale brokering, directing the transport of or any
commercial transaction in the sale of raw or processed fish or shellfish.
(c) Wholesale Truck. Authorizes the wholesale possession or distribution of raw or
processed fish and shellfish for commercial purposes from a vehicle approved in writing by
the Massachusetts Department of Public Health.
Exception: Commercial Lobster Permit holders, who also hold a Retail Boat Permit as
defined in 322 CMR 7.01(3)(f), shall be exempt from the requirements to obtain this
wholesale truck dealer’s permit when transporting only live lobsters and live crabs for
commercial sale.
(d) Retail Dealer. Authorizes the retail sale of raw fish and shellfish from a fixed location
approved in writing by the Massachusetts Department of Public Health.
(e) Retail Truck. Authorizes the retail sale of raw fish from a vehicle approved in writing
by a local or county Board of Health.
(f) Retail Boat. Authorizes a fisher with a Massachusetts commercial fishing permit to sell
from a boat to the general public, product he lawfully harvested, including the sale of live
lobsters and whole raw fish from a boat. For holders of any commercial lobster permit, the
authorization granted under this retail boat dealer’s permit shall also include the transport of
live lobsters or live crabs, caught aboard the holder’s permitted vessel, for sale to the public
including to persons and businesses that are not retail or wholesale dealers of raw or
processed fish or shellfish.
(g) Retail Farmer's Market. Authorizes the retail sale of certain raw fish and fish products
at a farmer's market subject to written approval by the Department of Public Health, or the
municipal or county board of health.
(h) Bait Dealer. Authorizes the possession and sale of bait.
(i) Biomedical Horseshoe Crab Dealer. Authorizes an entity affiliated with a biomedical
processor to obtain and hold biomedical horseshoe crabs and sell biomedical horseshoe crabs
to the affiliated biomedical processor. The biomedical dealer permit may be authorized as
a primary buyer, in accordance with 322 CMR 7.07, to allow for the primary purchase of
horseshoe crabs directly from a biomedical fisher.
(j) Biomedical Horseshoe Crab Processor. Authorizes an entity to process horseshoe crabs
for biomedical purposes including, but not limited to, the bleeding of horseshoe crabs for the
production of Limulus Amebocyte Lysate. The biomedical processor permit may be
authorized as a primary buyer, in accordance with 322 CMR 7.07, to allow for the primary
purchase of horseshoe crabs directly from a biomedical fisher. The Director may limit access
to the Biomedical Horseshoe Crab Processor permit in accordance with 322 CMR 7.04.
(4) Special Permits. The following special permits may be issued by the Director for the
following activities:
(a) Regulated Fishery Permit Endorsement. In accordance with M.G.L. c. 130, §§ 2 and 80,
regulated fishery permit endorsements may be added to commercial fishing permits, issued
pursuant to 322 CMR 7.01(2), to authorize the named individual and/or commercial fishing
vessel to retain, possess, or land fish or shellfish or use certain fishing gear in a commercial
fishery regulated pursuant to M.G.L. c. 130, § 17A.
1. Open Access Regulated Fishery Permit Endorsements. The following regulated
fishery permit endorsements may be added to commercial fishing permits, issued in
accordance with 322 CMR 7.01(2), and shall be required:
a. Bay Scallop Shucking. For a named individual to shuck bay scallops onshore for
commercial or non-commercial purposes.
b. Coastal Access Permit – Purse Seine. For a named individual or vessel to set,
operate, or fish with purse seines within the waters under the jurisdiction of the
Commonwealth, excepting the waters within the Inshore Restricted Waters at
322 CMR 4.02: Use of Nets in Inshore Restricted Waters.
c. Contaminated Surf Clam. For a named individual or vessel to operate a surf clam
dredge in shellfish growing area designated by the Division as "PROHIBITED" and
to harvest, possess or land surf clams taken from a shellfish growing area designated
by the Division "PROHIBITED" for the purpose of being kept or sold as bait.
d. Fish Weir. For a named individual to operate a fish weir in the waters under the
jurisdiction of the Commonwealth or to harvest, possess or land fish or shellfish
taken by a fish weir in the Commonwealth.
e. Inshore Net Permit. For a named individual or vessel to operate net gear within
the inshore net areas described at 322 CMR 4.02: Use of Nets in Inshore Restricted
Waters. This regulated fishery permit endorsement is not required for the use of a
bait net that measures less than 250 square feet.
f. Mackerel. For a named individual or vessel to commercially fish for Atlantic
mackerel within the waters under the jurisdiction of the Commonwealth, or to retain,
possess, or land Atlantic mackerel for commercial purposes in the Commonwealth.
g. Northern Shrimp. For a named individual or vessel to commercially fish for
Northern shrimp within the waters under the jurisdiction of the Commonwealth, or
to retain, possess, or land northern shrimp for commercial purposes in the
Commonwealth.
h. Sea Herring. For a named individual or vessel to commercially fish for Atlantic
sea herring within the waters under the jurisdiction of the Commonwealth, or retain,
possess, or land Atlantic sea herring for commercial purposes in the Commonwealth.
i. Sea Scallop Diving. For a named individual to commercially fish for sea scallops
by hand within the waters under the jurisdiction of the Commonwealth, or to retain,
possess, or land sea scallops for commercial purposes that were taken by hand in the
Commonwealth.
j. Sea Urchin Diving. For a named individual to commercially fish for sea urchins
by hand within the waters under the jurisdiction of the Commonwealth, or to retain,
possess, or land sea urchins for commercial purposes that were taken by hand in the
Commonwealth.
k.
Sea Urchin Dredge. For a named individual or vessel to operate a sea urchin
dredge in the waters under the jurisdiction of the Commonwealth or to retain,
possess, or land any sea urchins taken by a sea urchin dredge from the waters under
the jurisdiction of the Commonwealth.
l. Scup. For a named individual or vessel to commercially fish for scup within the
waters under the jurisdiction of the Commonwealth or retain, possess, or land scup
for commercial purposes in the Commonwealth.
m. Spiny Dogfish. For a named individual or vessel to commercially fish for spiny
dogfish within the waters under the jurisdiction of the Commonwealth, or to retain,
possess, or land spiny dogfish for commercial purposes in the Commonwealth.
n. Surface Gillnet. For named individual or vessel to set or fish a gillnet - anchored,
drifting or otherwise - that is designed to be, capable of being or is fished in the upper
⅔ of the water column. This regulated fishery permit endorsement is not required
for the use of a surface gillnet that measures less than 250 square feet. A named
individual or vessel that holds a sink gillnet regulated fishery permit endorsement
shall not also hold a surface gillnet regulated fishery permit endorsement to fish
surface gillnets that exceed 250 square feet.
2. Limited Entry Regulated Fishery Permit Endorsements. Commercial fishing permits,
issued in accordance with 322 CMR 7.01(2), may be endorsed with the following
regulated fishery permit endorsements. Pursuant to the authority at M.G.L. c. 130, § 2,
the following regulated fishery permit endorsements are limited entry and may only be
renewed and transferred subject to the provisions set forth at 322 CMR 7.06. These
regulated fishery permit endorsements are required for the following:
a. American Eel. For a named individual or vessel to commercially fish for
American eels within the waters under the jurisdiction of the Commonwealth, or to
retain, possess or land American eels for commercial purposes in the
Commonwealth. In 2026, renewals shall be limited to only those persons who held
this regulated fishery permit endorsement prior to the December 31, 2024 control
date established at 322 CMR 7.04 and reported harvesting any quantity of American
eels during the period of January 1, 2015 through December 31, 2024.
b. Black Sea Bass. For a named individual or vessel to commercially fish for black
sea bass within the waters under the jurisdiction of the Commonwealth, or to retain,
possess, or land any black sea bass for commercial purposes in the Commonwealth.
c. Bluefish Gillnet. For a named individual or vessel to set or fish for bluefish by
means of a gillnet, in accordance with 322 CMR 6.18(3): Use of Gillnets for Taking
Bluefish for Commercial Purposes, within the waters under the jurisdiction of the
Commonwealth.
d. Coastal Access Permit. For a named individual or vessel to set, operate, or fish
with mobile gear within the waters of the jurisdiction of the Commonwealth.
e. Fish Pots. For a named individual to set or fish species-specific fish pots for
black sea bass, scup or whelks within the waters under the jurisdiction of the
Commonwealth, or to retain, possess, or land black sea bass, scup or whelks by fish
pot for commercial purposes in the Commonwealth. A black sea bass or scup pot
regulated fishery permit endorsement holder shall not also be required to hold a black
sea bass or scup regulated fishery permit endorsement to retain, possess, or land
black sea bass and scup for commercial purposes in the Commonwealth.
f. Fluke. For a named individual or vessel to commercially fish for summer
flounder (fluke) within the waters under the jurisdiction of the Commonwealth, or
to retain, possess, or land any summer flounder for commercial purposes in the
Commonwealth.
g. Horseshoe Crab Harvest. For a named individual or vessel to commercially fish
for horseshoe crabs within the waters under the jurisdiction of the Commonwealth
or retain, possess, or land horseshoe crabs for commercial purposes in the
Commonwealth.
h. Menhaden. For a named individual and vessel to commercially fish for
menhaden within the waters under the jurisdiction of the Commonwealth, or to
retain, possess or land menhaden for commercial purposes in the Commonwealth in
excess of 6,000 pounds of menhaden per trip or 24-hour period, whichever duration
is longer. In 2026, renewals shall be limited to only those persons who held this
regulated fishery permit endorsement prior to the August 1, 2023 control date
established at 322 CMR 7.04 and reported selling at least 6,000 pounds of menhaden
during a single trip within the period of January 1, 2014 through August 1, 2023 or
who hold this regulated fishery permit endorsement in combination with a fish weir
permit endorsement.
i. Ocean Quahog and Surf Clam Dredge. For a named individual or a vessel to
operate an ocean quahog and/or surf clam dredge or to commercially fish for, retain,
possess, or land ocean quahogs or surf clams taken by ocean quahog and/or surf clam
dredge gear within in the waters under the jurisdiction of the Commonwealth.
j. Quahog Dredge. For a named individual and/or vessel to operate a bay quahog
dredge or to commercially fish for, harvest, possess or land bay quahogs taken by bay
quahog dredge gear from the waters under the jurisdiction of the Commonwealth
seaward of the outer jurisdiction of coastal cities and towns to regulate shellfish
pursuant to M.G.L. c. 130, § 52, as appearing on official maps of the Commonwealth
prepared pursuant to M.G.L. c. 1, § 3.
k. Sink Gillnet. For a named individual or vessel to set or fish a gillnet - anchored
or otherwise - that is designed to be, capable of being or is fished in the lower third
of the water column within the waters under the jurisdiction of the Commonwealth.
Sink gillnet regulated fishery permit endorsements are not transferable. Holders of
a sink gillnet regulated fishery permit may fish surface gillnets under the authority
of this permit.
l. State-waters Groundfish. For a named individual or vessel to commercially fish
for regulated groundfish, species within the waters under the jurisdiction of the
Commonwealth, as defined at 322 CMR 6.03(1): Definitions, or to retain, possess
or land any regulated groundfish species for commercial purposes taken within the
waters under the jurisdiction of the Commonwealth. A state-waters groundfish
regulated fishery permit endorsement is not required for vessels that hold a federal
multi-species groundfish or monkfish permit or for a commercial fisher to harvest,
possess and land up to 25 pounds of whole or eviscerated regulated groundfish for
commercial purposes.
m. Striped Bass. For a named individual or vessel to commercially fish for striped
bass within the waters under the jurisdiction of the Commonwealth or to retain,
possess, or land striped bass for commercial purposes in the Commonwealth. In
2026, renewals shall be limited to only those persons who held this regulated fishery
permit endorsement in calendar years 2024 or 2025. Striped bass regulated fishery
permit endorsements are not transferable.
n. Tautog. For a named individual or vessel to commercially fish for tautog within
the waters under the jurisdiction of the Commonwealth, or to retain, possess or land
any tautog for commercial purposes in the Commonwealth.
(b) Noncommercial Fishing Permits.
1. Recreational Saltwater Fishing Permits. Pursuant to M.G.L. c. 130, § 17C and
322 CMR 7.10, the Director may issue a recreational saltwater fishing permit to
authorize:
a. recreational saltwater fishing; and
b. for-hire vessels.
2.
Noncommercial Lobster and Edible Crab. Pursuant to M.G.L. c. 130, § 38, the
Director may issue a noncommercial lobster and edible crab permit to authorize:
a. Trap Fishing. Issued to a named individual authorizing the harvest, possession
and landing of lobsters and edible crabs by means of traps for noncommercial
purposes by that individual or by members of that individual's immediate family
residing in the same household.
b. Diver Fishing. Issued to a named individual authorizing the harvest, possession
and landing of lobsters by diving for noncommercial purposes by that individual
only. A noncommercial lobster permit may not be carried onboard any vessel fishing
under authority of an offshore lobster permit.
(c) Special Project. Authorizes only the names individual to engage in a specified marine
fishery project including, but not limited to, aquaculture or mariculture; scientific,
environmental and biological collection and study, assessment or experimentation; collection
and possession for education purposes; shellfish relay; and shellfish propagation.
(d) Anadromous Fish Passageway. Authorizes the named individual to carry out activities
related to the construction, reconstruction, repair, or alteration of any anadromous fish
passageway, as defined in M.G.L. c. 130, §§ 1 and 19.
(e) At-sea Processing. A special permit is required for the commercial at-sea processing
of fish or shellfish within the waters under the jurisdiction of the Commonwealth. This
permit is not required for the evisceration of finfish, including the removal of cod gonads and
monkfish livers; the removal of monkfish tails from monkfish; the shucking of bay scallops
and sea scallops under the authority of a bay scallop or sea scallop shucking regulated fishery
permit endorsement; or to keep fish parts for personal use as authorized pursuant to
322 CMR 6.41(2)(a): Possession of Fish Parts by Commercial Fishers.
(f) Special Biomedical Horseshoe Crab Harvest Permit. For a named individual to harvest
horseshoe crabs exclusively for use by the biomedical industry for the manufacturing of
limulus lysate or for sale to a permitted scientific institution for the purpose of research. The
holder of a biomedical harvest permit shall not also hold a horseshoe crab harvest regulated
fishery permit endorsement.
(5)
Application. Applicants for a permit shall comply with the following requirements:
(a) Forms. Applications for a permit shall be on forms supplied by the Director or through
the online system. A separate application shall be made for each individual, boat, vessel,
plant, firm, establishment, corporation, partnership or other business entity.
(b) Information. An application for a permit required by M.G.L. c. 130 and 322 CMR 7.01
shall contain and include the following:
1. the name and address of the applicant;
2. the date of birth of the applicant;
3. the name of the commercial fishing vessel;
4. the required length of the fishing vessel;
5. the Massachusetts vessel registration number;
6. the homeport of the commercial fishing vessel;
7. the true and accurate signature of the applicant; and
8. any other information sufficient to fully identify the particular activity to be
undertaken and the intended use for the permit.
(c) Conditions. The following permit applicants shall comply with the following
conditions:
1. Master digger permit applicants shall submit with their application a valid bond as
required by 322 CMR 7.02(2)(b);
2. Dealer permit applicants shall submit with their application an approved health
inspection certificate validly issued by the Department of Public Health pursuant to a
health inspection of the applicant's premises;
3. Seasonal lobster permit applicants shall submit a letter from their school attesting to
their full-time student status; and
4. Shellfish and seaworm permit applicants shall, for a bay scallop endorsement, submit
a certified sanitary inspection approved by the Massachusetts Department of Public
Health.
(d) Multiple Applications. A separate application shall be made for each individual, boat,
vessel, plant, firm, establishment, corporation, partnership or other business entity.
(e) Signature.
1. Paper Permits. For all permits renewed on forms issued by the Director, the applicant
shall sign their name on the paper permit application and paper permit issues.
2. Online System. For all permits issued through the online system, the applicant shall
attest under the pains and penalties of perjury that all information provided is true and
accurate, which affirms the applicant's electronic signature.
3. Except as otherwise provided at 322 CMR 7.01(5)(f), whenever a permit is issued to
a boat, vessel or business entity, the permit may be signed or the attestation in the online
system may be made by the owner of the boat or vessel or by a duly authorized officer
of the business entity that includes the true and correct business title of the duly
authorized officer.
(f) Exception. Coastal lobster permits shall be issued to and renewed by a named
individual only. The permit application and the permit itself shall be signed by a named
individual or the attestation in the online system be made by the named individual who shall
be the holder. In no event may a coastal lobster permit be issued to or renewed by a business
entity or an officer of a business entity.
(g) Effect of Signature or Attestation in the Online System. The applicant's signature on
either the paper application or attestation in the online system shall constitute:
1. a declaration under the pains and penalties of perjury that all information contained
in the application is true and accurate to the best belief of the applicant;
2. a statement that the applicant and all individuals conducting the activity under
authority of the permit have read and are familiar with all applicable statutes contained
in M.G.L. c. 130, all applicable regulations contained in 322 CMR and agree to fully
comply therewith; and
3. an agreement to display all fish in possession of the applicant and all individuals
conducting the activity under authority of the permit to any officer authorized to enforce
the marine fishery laws of the Commonwealth.
(h) Fees. All fees required in accordance with M.G.L. c. 130, § 83 shall accompany each
application in the form of checks or money orders made payable to the Commonwealth of
Massachusetts. Cash may be used only when the application is made in person. In the event
an applicant's personal check is not honored by the payor or bank, the permit issued to such
applicant shall be void until such time as the required fee in the form of a bank check,
certified check or postal money order is received by the Director. Any activity conducted by
the applicant under the purported authority of said permit five or more days subsequent to
the mailing to the applicant of a notice of the dishonored check shall constitute a violation
of the applicable provisions of M.G.L. c. 130 and 322 CMR.
(6) Issuance. Permits shall not be validly issued or of full force and effect unless the following
requirements are met:
(a) identify the activity authorized or privilege granted by the Director;
(b) contain a financial transaction number;
(c) contain a permit number;
(d) contain a date of issuance;
(e) contain a true and accurate copy of the Director's signature; and
(f) contain a true and accurate signature of the holder, or if a boat, vessel, or business entity,
the owner, or duly authorized officer of the business entity including their business title.
Except for permits issued by the online system whereby the attestation of permit holder
affirms the requirements of the signature as set forth at 322 CMR 7.01(5)(e).
(7) Conditions. The Director may at any time, in his discretion, attach any written conditions
or restrictions to the permit deemed necessary or appropriate for purposes of conservation and
management or to protect the public health, welfare and safety.
(8) Duplicates. Duplicate permits may be issued by the Director provided that a satisfactory
affidavit signed under the pains and penalties of perjury is submitted by the person who signed
the original application and permit attesting to the disposition of the original permit sought to
be replaced.
(9) Suspension and Revocation. In accordance with M.G.L. c. 30A, §§ 10, 11 and 13, and
pursuant to the procedural rules of 801 CMR 1.00: Standard Adjudicatory Rules of Practice and
Procedure, any permit issued by the Director may be suspended orrevoked for falsifying any
application form, violation of any condition or restriction of the permit, or for violation of any
provision of M.G.L. c. 130 or 322 CMR.
(10) Alteration. Any permit validly issued by the Director which is subsequently and
substantially altered, erased or mutilated is invalid.
(11) Expiration. All permits validly issued shall expire on December 31st following the date
of issuance unless otherwise provided by law, modified or extended by the Director in writing,
or suspended or revoked by the Director or a court of competent jurisdiction.
(12) Transfer. Unless otherwise provided in writing by the Director, or in accordance with
322 CMR or M.G.L. c. 130, permits may not be transferred, loaned, leased, exchanged, bartered,
sold or possessed by a person other than the holder, boat, vessel, or business entity to which it
was issued.
(13) Requirement to Accommodate Sea Samplers. For the purpose of observing and acquiring
information about fishing operations and sampling catches for biological information, all permit
holders, as condition of their permit, shall agree to take on board and provide safe access for sea
samplers authorized by the Division of Marine Fisheries at a location established by the Division.
(14) Prohibitions. It is unlawful to:
(a) conduct any marine fishery activity which is subject to a permit pursuant to
M.G.L. c. 130 or 322 CMR without such permit or during a period of suspension or
revocation of the permit, or five days after the mailing of a notice pursuant to 322 CMR
7.01(5)(d);
(b) falsify any application form, documentation or letters of support in conjunction with any
application form;
(c) alter, erase, mutilate or falsify any permit issued by the Director;
(d) violate or fail to comply with any permit condition or restriction;
(e) transfer, loan, lease, exchange, barter or sell any permit or for any person other than the
holder to possess a permit except as otherwise provided for in writing by the Director or in
accordance with 322 CMR or M.G.L. c. 130;
(f) violate any provision of M.G.L. c. 130 or 322 CMR when conducting an activity
authorized by permit;
(g) fail to produce a permit upon demand of any officer authorized to enforce the marine
fishery laws of the Commonwealth, except that persons who have purchased a recrea-
tional saltwater fishing permit or non-commercial lobster permit through the Online
System may produce their permit by displaying a true, complete and legible image of it on
their mobile device;
(h) fail to display fish harvested or possessed under authority of a permit to any officer
authorized to enforce the marine fishery laws of the Commonwealth;
(i) harass, threaten, intimidate, coerce or assault any officer authorized to enforce the
marine fishery laws of the Commonwealth;
(j) have more than one individual, boat, vessel or business entity fish or conduct
business under authority of a permit, unless otherwise provided for in M.G.L. c. 130,
322 CMR or in writing by the Director;
(k) sell or offer to sell any shellfish harvested under authority of a commercial fishermen
permit endorsed for shellfish to any person without a valid Massachusetts shellfish
transaction card and either a valid Massachusetts driver's license or a Registry of Motor
Vehicles Identification card;
(l) have a non-commercial lobster permit on board any vessel fishing under authority of
an offshore lobster permit;
(m) conduct any activity designed to construct, reconstruct, rebuild, repair, or alter any
anadromous fish passageway as defined in M.G.L. c. 130, §§ 1 and 19, or to construct or
build any new anadromous fish passageway without a special permit issued pursuant to
322 CMR 7.01(4).
(n) to sell or offer to sell any regulated groundfish species as defined in 322 CMR
8.12(1): Definitions harvested by persons aboard vessels that are engaged in for-hire fishing.
(o) obtain multiple State Waters Multispecies Groundfish Endorsements for the same vessel
regardless of the number of commercial permits associated with said vessel.
(p) obtain a State Waters Multispecies Groundfish Endorsement for a vessel authorized to
take Multispecies Groundfish or monkfish under a federal permit.
(q) obtain a State Waters Multispecies Groundfish Endorsement for a vessel authorized on
or before January 1, 2006 to take Multispecies Groundfish or monkfish under a federal
permit if that federal permit has been transferred, leased or sold on or after January 1, 2006;
(r) any vessel to engage in the at-sea transfer of any fish or shellfish subject to possession
limits established pursuant to 322 CMR 6.41: Further Regulation of Catches.
(s) any vessel with an at-sea processing permit to process any fish or shellfish subject to
minimum size limits established pursuant to 322 CMR.
(t) any wholesale truck or retail dealer permit holder to accept raw shellfish from a
commercial fisherman or to act as a primary buyer of shellfish.