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News  Adjudicatory Proceedings - 2022 Q3 and Q4

12/23/2022
  • Division of Marine Fisheries

Under state law, DMF may sanction commercial and recreational fishing permits for violations of the state’s marine fishery laws and regulations subject to a due process adjudicatory proceeding. These adjudicatory proceedings are held before a magistrate. They may be initiated by the agency, the Environmental Police, or municipal officials (constables) authorized to enforce the marine fishery laws of the Commonwealth. 

Between May 1, 2022 and present, DMF initiated four adjudicatory proceedings. Three of these matters address protected species violations and the other dealt with the harvest of shellfish from an area closed due to contamination. Two of these matters have been resolved. In one of the matters dealing with protected species violations, DMF reached a settlement agreement with the Respondent. This resulted in a three-year suspension of their commercial lobster permit. In the matter dealing with the harvest of shellfish from a contaminated area, DMF immediately suspended the permit pending a hearing. Following the conclusion of the hearing, the agency permanently revoked the permit for cause. The two additional matters dealing with protected species violations remain ongoing. 

Four matters initiated between June 1, 2021 and April 30, 2022 remained ongoing as of May 1, 2022. Each of these matters were resolved between May 1, 2022 and present. One matter involving violations of lobster conservation and management and protected species violations proceeded to hearing during the spring of 2022. Following the conclusion of the hearing, DMF permanently revoked of the Respondent’s commercial lobster permit. One matter involving permitting violations, including operating a charter boat business on a revoked charter boat license, proceeded to hearing during the spring of 2022.  Following the conclusion of the hearing, DMF permanently revoked the individual’s remaining fishing permits. DMF also reached a settlement agreement in two matters involving protected species violations. One permit holder agreed to transfer out of the commercial lobster fishery and another permit holder agreed to a two-year suspension of their commercial lobster permit. 
 

  • Division of Marine Fisheries 

    The Division of Marine Fisheries manages the state’s commercial and recreational saltwater fisheries and oversees other services that support the marine environment and fishing communities.
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