Mass. Gen. Laws ch. 130, sec. 94 — MA Code / Part I / Title XIX / Chapter 130 / Section 94
Petition by city and town to control and regulate public fisheries for alewives; regulation and lease of fisheries
Status: in_force

Section 94. The board of aldermen or the city council of any city wherein there is a public fishery for alewives, or the selectmen of a town, wherein there is such a fishery, if so authorized by their town, may petition the director for the right to control and regulate such fishery within their city or town and the director shall forthwith, after due notice and after a hearing held in such city or town, determine whether such control would be proper and reasonable and if the public interests therein would be best served thereby, and may thereupon deny the petition or grant it under such terms, subject to such regulations or restrictions not contrary to law as he may deem expedient. Whenever such petition shall be granted said aldermen, city council or selectmen, as the case may be, may regulate and control such fishery and may lease it for terms of not more than five years on conditions mutually agreed upon, notwithstanding the provisions of special laws relating to such fishery in that particular locality but not contrary to terms, regulations or restrictions contained in the order of the director in granting such petition; provided, that any other city or town which deems that its fisheries are adversely affected by such an order may so petition the director, who shall thereupon stay the operation of his original order until he has considered the petition and shall thereafter, in a writing stating his reasons therefor, confirm, alter, amend or rescind such original order.

Section 94. The board of aldermen or the city council of any city wherein there is a public fishery for alewives, or the selectmen of a town, wherein there is such a fishery, if so authorized by their town, may petition the director for the right to control and regulate such fishery within their city or town and the director shall forthwith, after due notice and after a hearing held in such city or town, determine whether such control would be proper and reasonable and if the public interests therein would be best served thereby, and may thereupon deny the petition or grant it under such terms, subject to such regulations or restrictions not contrary to law as he may deem expedient.

Whenever such petition shall be granted said aldermen, city council or selectmen, as the case may be, may regulate and control such fishery and may lease it for terms of not more than five years on conditions mutually agreed upon, notwithstanding the provisions of special laws relating to such fishery in that particular locality but not contrary to terms, regulations or restrictions contained in the order of the director in granting such petition; provided, that any other city or town which deems that its fisheries are adversely affected by such an order may so petition the director, who shall thereupon stay the operation of his original order until he has considered the petition and shall thereafter, in a writing stating his reasons therefor, confirm, alter, amend or rescind such original order.