Electronic Monitoring Requirements for Permit Holders

(1) Electronic Tracking Devices for Commercial Lobster Permit Holders. (a) Purpose. In 2022, the Atlantic States Marine Fisheries Commission approved and implemented Addendum XXIX to Amendment 3 to the Interstate Fishery Management Plan for American Lobster and Addendum IV to the Jonah Crab Fishery Management Plan pursuant to its authority at 16 USC 5100 et seq. These Addenda require the electronic tracking of all commercial lobster and Jonah crab permit holders who hold a federal trap allocation authorizing them to fish in waters under the jurisdiction of federal government. The impetus for the electronic tracking program was to improve spatial information available to fishery managers and scientists to support critical data needs, particularly as it relates to offshore wind energy development and other marine spatial planning initiatives, as well as right whale conservation and entanglement risk reduction. (b) Definitions. For the purpose of 322 CMR 7.11(1), the following terms shall have the following meanings: Commercial Fishers means those persons who hold a Coastal or Offshore Lobster Permit, issued in accordance with M.G.L. c. 130, §§ 37, 38, and 80 and 322 CMR 7.01(2), to fish with traps for American lobster and edible crabs and retain, possess or land American lobster and edible crabs for the purpose of sale, barter, or exchange or to keep for personal or family use. Division means the Division of Marine Fisheries. Edible Crabs means blue crabs, Cancer crabs, and other native species of crabs that are suitable for human consumption. This shall not include species of non-native crabs including, but not limited to, the European green crab (Carcinus maenas) or Asian shore crab (Hemigraspus sanguineus). Electronic Tracking Device means an electronic device approved by the Atlantic States Marine Fisheries Commission and used to track vessel location and collect and transmit this spatial data to the Division in compliance with Addendum XXIX to the Interstate Fishery Management Plan for American Lobster and Addendum IV to the Interstate Fishery Management Plan for Jonah Crabs. Install means to place and fix an electronic tracking device onboard a vessel so that it is operable and ready for use. NOAA Fisheries means the federal National Marine Fisheries Service within the National Oceanic and Atmospheric Administration of the United States Department of Commerce. Tamper means any activity that may affect an electronic tracking device's ability to operate or signal properly, or to accurately compute or report the vessel's position. (c) Requirements for Installation and Activation of Electronic Tracking Devices. Effective May 1, 2023, an electronic tracking device shall be installed and activated prior to beginning a lobster or edible crab fishing trip with trap gear onboard any vessel named on a Coastal Lobster Permit or Offshore Lobster Permit issued by the Division and that is also permitted by NOAA Fisheries, pursuant to 50 CFR § 697.4, to fish trap gear for lobsters and Jonah crabs in the Economic Exclusive Zone. Effective May 1, 2023, an electronic tracking device shall be installed and activated onboard any vessel named on a Coastal Lobster Permit or Offshore Lobster Permit issued by the Division and that is also permitted by NOAA Fisheries, pursuant to 50 CFR § 697.4, to fish trap gear for lobsters and Jonah crabs in the Economic Exclusive Zone. All permit holders shall sign a written affidavit confirming the electronic tracking device has been installed in conformity with 322 CMR 7.11(1)(c). (d) Operability of Electronic Tracking Devices. Unless otherwise authorized by the Director, the electronic tracking device shall remain onboard the vessel and powered on at all times when the vessel is in the water. (e) Prohibitions. It shall be unlawful for commercial fishers to: 1. fish, haul, or set trap gear or possess or land lobsters or edible crabs without an operable electronic tracking device, if an electronic tracking device is required pursuant to 322 CMR 7.11(1)(c). 2. to tamper with any electronic tracking device or signal submitted by the electronic tracking device. 3. to install any device other than an electronic tracking device approved by the Atlantic States Marine Fisheries Commission for the purposes of complying with 322 CMR 7.11. (f) Exemptions. The Director may issue a Letter of Authorization and Statement of Permit Conditions, pursuant to M.G.L. c. 130, § 80 and 322 CMR 7.01(7), allowing permit holders to power down their electronic tracking device or fish with an inactive electronic tracking device. This authorization may only be issued in response to a device failure, vessel haul-out, or other similar malfunction of the vessel or the electronic tracking device. The authorization will be issued for a discrete period of time that considers the nature of the anticipated repair.