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.

Website: www.mass.gov/dfwele/dmf.

Contact: DMF (617) 626-1520 and (508) 563-1779.