Dealers Acting as Primary Buyers

(1) Purpose. The purpose of 322 CMR 7.07 is to establish consistent standards for dealers to purchase certain species from commercial fishermen managed by DMF, including those under commercial quotas pursuant to interstate and federal management plans. To provide a mechanism to collect and verify landings of all species landed and sold in Massachusetts, dealers are required to maintain and report on records concerning sale of fish within Massachusetts. In addition, dealers are required to provide access to said records to law enforcement officials at a permanent place of business within the Commonwealth. (2) Definitions. Dealer means any whole sale or retail seafood dealer permitted by the Director pursuant to M.G.L. c. 130, § 80, and 322 CMR 7.01(3). Primary Purchase means first commercial transaction by sale, barter or exchange of any fish or shellfish after its harvest. Quota Managed Species means those species managed by DMF with annual commercial quotas pursuant to interstate and/or federal management plans. Quota managed species include striped bass, summer flounder, scup, black sea bass, spiny dogfish, squid, bluefish, horseshoe crabs and tautog. (3) Authorization. No persons shall make a primary purchase of any species without being properly permitted by DMF as a dealer and authorized as a primary buyer. In addition, dealers buying quota managed species must have written authorization from the Director. (4) Dealer Requirements. (a) Dealers must have a permanent place of business in Massachusetts. Dealers shall maintain a written record at their Massachusetts place of business of all primary purchases of any species from commercial fishermen in Massachusetts. (b) Dealers accepting any species from fishermen shall record all purchases at the time of landing with number of containers per species, date, time, fishermen's name and DMF commercial fisherman permit identification number for reporting purposes and inspection by law enforcement officials. Each container shall be labeled with vessel name and fishermen's DMF commercial fisherman permit identification number to identify who the product was purchased from. (c) Dealers shall report all purchases of all species either electronically or by phone or in writing based on schedules established and on forms provided by the Division. (5) Prohibitions. It is unlawful for dealers: (a) to purchase any species in excess of any species-specific possession limits established by 322 CMR from a single commercial fisherman regardless of the number of commercial fisherman permits in possession. (b) to purchase any species when the commercial fishery for that species is closed. (c) to accept or purchase any species from commercial fishermen during any species- specific no-fishing days established by any section of 322 CMR or during those species-specific hours of the day when landing is prohibited established by any section of 322 CMR. (d) to accept any species of fish from persons not commercially permitted by DMF. (6) Exceptions. Prohibitions in 322 CMR 7.07(5)(a) through (c) shall not apply to the purchase of aquaculture-reared product.