- 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.
During the period of January 1, 2024 through present, DMF initiated two new adjudicatory proceedings. The first matter involved an individual who failed to comply with a seasonal permit suspension, as stipulated in a prior settlement agreement involving protected species violations. This matter resulted in the individual permanently transferring out of commercial fixed gear fishing. The second matter involved an individual who failed to comply with the seasonal trap gear closure. This matter was resolved through a settlement agreement. The settlement agreement conditionally reinstates the Coastal Lobster Permit with a reduced trap allocation of 200 traps, a seasonal suspension during November–January for three years, and a period of permit probation through January 31, 2027.
DMF also resolved two matters that were previously initiated. The first matter involved one individual fishing two Coastal Lobster Permits, one belonging to the active fisher and another belonging to an immediate family member. This was done without a Letter of Authorization, resulting in trap allocation, trap tag, and permit violations. This matter was resolved through a settlement agreement. The Coastal Lobster Permit belonging to the fisher was forfeited and permanently retired. The other Coastal Lobster Permit is subject to annual permit conditions that reduces the trap allocation from 800 traps to 200 traps and eliminates the ability for the fisher to be onboard the vessel when fishing is occurring. The second matter involved the direct sale of shellfish to an entity other than a primary buyer and catch reporting violations. This matter was resolved through a settlement agreement. The individual was required to correct their reporting and the permit is subject to a probationary period occurring through December 31, 2027.
