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9. State Fisheries Regulations
Authorities: M.G.L. c. 21, § 5, and c. 130, §§ 1-104: Marine Fisheries; 322 CMR 2.00 et seq.: Marine Fisheries Regulations.
Jurisdiction: Commercial and sport fin fisheries and shellfisheries within the Massachusetts territorial sea and in Nantucket Sound.
Applicability: Projects in waterways must minimize impacts to finfish and shellfish and their habitat.
Regulatory Summary: The Division of Marine Fisheries (DMF) licenses and oversees fin fisheries and shellfisheries in Massachusetts waters, both for resident species and those that spend a portion of their lifecycle in the state’s tidal waters. Responsibilities include (1) administration of marine fisheries laws; (2) assessment and enhancement of the biological integrity of marine fish and fisheries important to the Commonwealth; and (3) cooperation with state, federal and international agencies to accomplish these goals. Regulatory activities are conducted in coordination with the National Marine Fisheries Service.
Review Process: The Department of Environmental Protection will contact DMF as part of its 401 Water Quality Certification (18) review. DMF will recommend time-of-year restrictions to protect spawning fish or will recommend mitigation for damage to shellfish beds or areas of Submerged Aquatic Vegetation (SAV). (SAV maps can be located at www.mass.gov/mgis/eelgrass.htm.) DMF’s recommendations are incorporated into the 401 Water Quality Certification as conditions.
Forms: No additional forms for DMF review of 401 applications.
Fees: No additional fees for DMF review of 401 applications.
Contact: DMF (617) 626-1520 and (508) 563-1779.
Publication Date: Fall, 2003
A publication of the Massachusetts Office of Coastal Zone Management (CZM) pursuant to National Oceanic and Atmospheric Administration Award No. NA170Z2338. This publication is funded (in part) by a grant/cooperative agreement from the National Oceanic and Atmospheric Administration (NOAA). The views expressed herein are those of the author(s) and do not necessarily reflect the views of NOAA or any of its sub-agencies.