GENERAL LAWS OF MASSACHUSETTS

CHAPTER 130. MARINE FISH AND FISHERIES.

DEFINITIONS AND RULES OF CONSTRUCTION.

Chapter 130, Section 1. Definitions; rules of construction.

GENERAL PROVISIONS.

Chapter 130, Section 2. Transferability of licenses, permits and certificates of registration; suspension or voidance for violation of marine laws; surrender; impounding fishing gear.

Chapter 130, Section 2A. Repealed, 1977, 363A, Sec. 66.

Chapter 130, Section 2B. Marine fisheries fund.

Chapter 130, Section 3. Duplicate license, permit, or certificate; application; fee; affidavit.

Chapter 130, Section 4. Record of licenses, permits or certificates; inspection; endorsement of date of sale on license, permits and certificates.

Chapter 130, Section 4A. Administrative inspections.

MISCELLANEOUS POWERS AND DUTIES OF DIRECTOR, COASTAL WARDENS, ETC.

Chapter 130, Section 5. Jurisdictional boundaries.

Chapter 130, Section 6--8. Repealed, 1964, 524, Sec. 6.

Chapter 130, Section 8A. Powers of police officers.

Chapter 130, Section 9. Searches, seizures and arrests without warrant.

Chapter 130, Section 10. Issuance of search warrant.

Chapter 130, Section 11. Repealed, 1964, 524, Sec. 6.

Chapter 130, Section 12. Seizure and forfeiture of fish unlawfully taken; boats and apparatus; sale; proceeds.

Chapter 130, Section 13. Display of fish upon demand; violations.

Chapter 130, Section 14. Limitation of actions and prosecutions.

Chapter 130, Section 15. Repealed, 1963, 383, Sec. 2.

Chapter 130, Section 15A. Reciprocal enforcement of laws relating to marine fisheries.

Chapter 130, Section 16. Occupation of tide waters or work done therein subject to chapter 91.

Chapter 130, Section 17. Powers of director.

Chapter 130, Section 17A. Management of marine fisheries.

Chapter 130, Section 17B. Aquacultural enterprises; permits.

Chapter 130, Section 18. Illegal entry on property maintained for experiments, protection or propagation of fish.

Chapter 130, Section 19. Providing passage for salt water fish into fresh water to spawn; order of director; refusal or neglect to repair or construct fishway; operation and maintenance of fishways.

Chapter 130, Section 20. Co-operation with coastal cities and towns to increase supply of shellfish; expenditures; methods for treatment or purification of shellfish; contracts with federal government.

Chapter 130, Section 20A. Co-operation with coastal cities and towns for propagation of shellfish; funding program.

Chapter 130, Section 21. Compilation of statistical information useful to marine fish industries; confidentiality; false reports; refusal or failure.

POLLUTION OF COASTAL WATERS.

Chapter 130, Section 22. Repealed, 1972, 789, Sec. 1.

Chapter 130, Section 23. Discharge of oil or other poisonous substances into coastal waters; use of explosives; penalty.

Chapter 130, Section 24. Violation of sec. 23; tort liability.

Chapter 130, Section 25. Discharge of sewage or other substance injurious to public health into coastal waters; approved drainage.

Chapter 130, Section 26. Jurisdiction and proceedings to enforce secs. 23—25.

Chapter 130, Section 27. Criminal and tort liability for discharge of sewage or other substance injurious to public health into coastal waters.

Chapter 130, Section 27A. Repealed, 1972, 784, Sec. 2.

RIPARIAN PROPRIETORS.

Chapter 130, Section 28. Exclusive right of ownership and control of fish of riparian owners of ponds; cultivation rights.

REGULATION OF FISH WEIRS, NETS, SEINES, TRAWLS AND TRAPS.

Chapter 130, Section 29. Construction of weir, pound net or fish trap; authorization; unauthorized construction.

Chapter 130, Section 30. Marking of weir, pound net or fish trap with number of approval.

Chapter 130, Section 31. Destruction or injury to weir, pound net or fish trap.

Chapter 130, Section 32. Fishing gear swept ashore by natural causes; recovery.

ANNUAL REPORTS OF CATCHES.

Chapter 130, Section 33. Annual reports of owners of boats and fishing gear; monthly reports; marking of fish cars; violations.

SMELT.

Chapter 130, Section 34. Catching, buying and selling smelts between March 15 and June 15; wholesale or retail dealers.

Chapter 130, Section 35. Taking smelts except by angling; inadvertent taking by net; possession of net, seine or trap; prime facie evidence.

Chapter 130, Section 36. Closing portions of streams flowing into coastal waters during spawning season.

LOBSTERS, ETC.

Chapter 130, Section 37. Lobsters and crabs; license; regulations; violations.

Chapter 130, Section 37A. Green crabs.

Chapter 130, Section 38. Licenses; application; fee; eligibility; markings of buoys; exhibition of license.

Chapter 130, Section 38A. Display of license number and buoy colors.

Chapter 130, Section 38B. Commercial licenses; catch data; renewal; transfers; appeals.

Chapter 130, Section 39. Hours for tending, lifting or drawing lobster or crab pots or traps; exceptions.

Chapter 130, Section 40. Close season on edible crabs.

Chapter 130, Section 41. Taking or selling female lobsters bearing externally attached eggs; fines.

Chapter 130, Section 41A. Taking or selling female lobsters from which eggs have been removed; fines.

Chapter 130, Section 42. Plants for propagation of lobsters; establishment and maintenance; appropriations.

Chapter 130, Section 43. Conditions for taking or possession of egg-bearing lobsters; rearing and liberating of young; disposition of lobsters by director.

Chapter 130, Section 44. Sale or possession of short lobsters; mutilation of short lobsters; prima facie evidence.

Chapter 130, Section 44A. V-notched lobster.

Chapter 130, Section 44B. Limits on sales of lobsters taken by methods other than pots or traps.

Chapter 130, Section 45, 46. Repealed, 1964, 524, Sec. 6.

Chapter 130, Section 47. Marking barrels, boxes or containers of lobsters or lobster meat.

Chapter 130, Section 48. Disposal of lobsters or lobster meat seized in unmarked containers.

Chapter 130, Section 49. Liability of carrier of unmarked containers of lobsters or lobster meat.

Chapter 130, Section 50. Forfeiture or liberation of seized lobsters or lobster meat.

Chapter 130, Section 51. Sale of native lobsters; representations for purposes of sale.

Chapter 130, Section 51A. Sale of crabmeat; representations for purposes of sale.

LOCAL CONTROL OF SHELLFISHERIES.

Chapter 130, Section 52. Taking of eels, shellfish and sea worms; permits; fees; publication of regulations; records; temporary control by director; areas in which commercial taking prohibited.

Chapter 130, Section 53. Form of permits; record of issuance.

Chapter 130, Section 54. Appropriations by cities and towns for cultivation, propagation and protection of shellfish; close seasons.

Chapter 130, Section 55. Permits to aliens to take shellfish for commercial purposes; eligibility.

Chapter 130, Section 56. Joint control by municipalities of marine fisheries.

PRIVATE SHELLFISH GRANTS.

Chapter 130, Section 57. Shellfish aquaculture licenses; application; renewal; transfer.

Chapter 130, Section 58. Transfer or renewal of licenses.

Chapter 130, Section 59. Application for license; request for survey and plan.

Chapter 130, Section 60. Hearing on issuance of license; notice; publication.

Chapter 130, Section 61. Marking of territory covered by license; maintenance of markings; penalty for failure thereof.

Chapter 130, Section 62. Records of licensed areas, licenses granted, transfers and renewals; recording; fee; inspection of records.

Chapter 130, Section 63. Exclusive rights of licensees or transferees; trespass on licensed area; treble damages.

Chapter 130, Section 64. Annual fee for license; non-payment.

Chapter 130, Section 65. Annual report of shellfish planted, produced and marketed; estimate of growing shellfish; forfeiture for deficiency.

Chapter 130, Section 66. Destruction or removal of marks or bounds; double damages.

Chapter 130, Section 67. Taking shellfish from licensed grounds or beds without consent.

Chapter 130, Section 68. Digging, taking or carrying away shellfish from licensed waters, flats or creeks at night; violations.

Chapter 130, Section 68A. Repealed, 1994, 60, Sec. 135.

CERTAIN SHELLFISH.

Chapter 130, Section 69. Seed quahaugs, clams or oysters; taking or possession.

Chapter 130, Section 70. Taking and sale of scallops; adult and seed scallops; culling; rules and regulations.

Chapter 130, Section 71. Close season on scallops.

Chapter 130, Section 72. Limitation on catch of scallops.

Chapter 130, Section 73. Granting modification in respect to close season and number of scallops that may be taken; petition; investigation.

SHELLFISH IN CONTAMINATED AREAS.

Chapter 130, Section 74. Determination of contaminated areas; notice of results; procedures.

Chapter 130, Section 74A. Emergency designation of contaminated shellfish areas; enforcement; notice to local authorities.

Chapter 130, Section 75. Shellfish from contaminated areas, permits, purification; shellfish conservation; violations.

PURIFICATION PLANTS.

Chapter 130, Section 76. Construction and operation; powers of commissioner.

Chapter 130, Section 77. Cost of operation.

Chapter 130, Section 78, 79. Repealed, 1961, 506, Sec. 3.

COMMERCIAL PERMITS AND CERTIFICATES.

Chapter 130, Section 80. Commercial permits and certificates; issuance; transfers; wholesale dealer permit; regulated marine fishery permit; rules and regulations; cancellation; revocation; penalties.

Chapter 130, Section 81. Importation of shellfish for consumption; certification; labeling of containers; penalty; enforcement.

Chapter 130, Section 82. Source of supply of shellfish; tags or labels; contents; record of markings on tags or labels; inspection.

Chapter 130, Section 83. Permit fees; types of permits.

Chapter 130, Section 84--91. Repealed, 1964, 524, Sec. 6.

Chapter 130, Section 92. Sale of scallops; soaked scallops; scallops not in shell; marking of containers; common carriers.

HERRING, ALEWIVES, ETC.

Chapter 130, Section 93. Opening ditches or canals for fisheries for propagation of herring, alewives and other food fish; acquisition of land and waters; regulation and leasing of fisheries.

Chapter 130, Section 94. Petition by city and town to control and regulate public fisheries for alewives; hearing; regulation and lease of fisheries.

Chapter 130, Section 95. Taking fish from fisheries without permission.

Chapter 130, Section 96. Impairment of private property rights; contracts; leasing at public auction; notice.

Chapter 130, Section 97, 97A. Repealed, 1973, 653.

MISCELLANEOUS PROVISIONS.

Chapter 130, Section 98. Shellfish constables; appointment; powers and duties; notice of appointment.

Chapter 130, Section 99. Carrying fish out of commonwealth in vessel or smack owned without commonwealth.

Chapter 130, Section 100. Repealed, 1978, 80.

Chapter 130, Section 100A. Striped bass; regulations; violations.

Chapter 130, Section 100B. Taking striped bass; methods; traps.

Chapter 130, Section 100C. Shad; methods of taking; penalty.

Chapter 130, Section 100D. Eels; methods of taking; violations; penalties.

Chapter 130, Section 101. Repealed, 1962, 222.

Chapter 130, Section 101A. Gray seal; protection; penalty.

Chapter 130, Section 102. Marine plants; regulation of taking.

Chapter 130, Section 103. Starfish, winkles or cockles; disposition above high water mark.

Chapter 130, Section 104. Effect on special statutes relating to fisheries in particular places.

Chapter 130, Section 105. Protection of coastal wetlands.


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