reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 129 - Livestock Disease Control › Section 36g - Reimbursement of Owners for Slaughter of Animals Reacting Positively to Blood Test for Brucellosis; Appraisal

Section 36G. If any animal tested by an approved licensed veterinarian designated by the director under this section reacts positively to an approved blood test for brucellosis and is slaughtered in consequence thereof, or if any animal does not react positively but has been exposed to brucellosis in an infected herd, said animal may be slaughtered because of such exposure to the positive reactors in accordance with the recommended uniform methods and rules published by the veterinary services of the animal and plant health inspection service of the United States Department of Agriculture. The director may appoint persons to make appraisals of reacting cattle in conjunction with the owner or his authorized representative. Such appraisal shall be subject to the rights of arbitration and petition set forth in section thirty-one; provided, that the award or damage shall be within the limits prescribed by this section. The commonwealth, shall within thirty days after the filing in the office of the director of a valid claim for reimbursement in pursuance of such an appraisal or award under said section thirty-one, pay to the owner of any animal slaughtered under authority of any rules and regulations made hereunder, or to any mortgagee or assignee designated in writing by said owner, two thirds of any difference between the amount received by the owner for the carcass of the animal and the value of the animal as determined by appraisal as aforesaid; provided, that payment by the commonwealth hereunder shall not exceed one hundred and fifty dollars for any grade animal or two hundred dollars for any purebred animal; and provided, further, that no payment shall be made for any such animal unless it was kept by the owner applying for the test on the premises where tested for at least sixty days next prior to the date of said test, or unless it was admitted to the herd on a test approved by the director and provided, further, that no payment shall be made for any animal if, since a previous test, the owner or his representative has violated the rules and regulations made hereunder; and provided, further, that the owner or his representative has not unlawfully or improperly obtained or attempted to obtain reimbursement for any animal; and provided, further, that the owner or his representative has not, in the opinion of the director, by wilful act or neglect, contributed to the spread of bovine brucellosis. If the federal government pays part of the value of any animal slaughtered under this section, the payment by the commonwealth shall be limited to the difference between the payment authorized by the federal government and the payment as hereinbefore provided.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 129 - Livestock Disease Control › Section 36h - Waiver of Compliance With Secs. 36b, 36d to 36f

Section 36H. The director may after a hearing grant, in suitable cases, waivers of compliance with the provisions of sections thirty-six B, thirty-six D, thirty-six E and thirty-six F.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 129 - Livestock Disease Control › Section 37 - Enforcement Actions; Jurisdiction of Commissioner of Agriculture, District and Superior Courts

Section 37. As used in this section, the word ''commissioner'' shall mean the commissioner of agriculture or his designee, and any rules, regulations, orders, licenses or permits issued under this chapter. The commissioner may assess administrative fines, not to exceed $500 per offense, for violations of this chapter. Each animal involved in a violation may constitute a separate offense, and each day that a violation continues after receipt of written notice of such violation from the department may constitute a separate offense. Total fines assessed in any given action under this section shall not exceed $10,000. The commissioner may deny any application for, suspend or revoke any license or permit issued under this chapter upon a finding of consistent or continual failure to keep or produce records required by this chapter. Denial, suspension or revocations shall be effective pending resolution of any appeal, unless otherwise ordered by a court of competent jurisdiction. Without alleging or proving the lack of other adequate remedies at law, the commissioner may apply for an injunction to restrain any violation of this chapter in order to protect human or animal health. The remedies provided in this section are available in addition to, and without limiting, any other penalties provided by law or equity, in this chapter or elsewhere. The district and superior courts shall have concurrent jurisdiction to enforce this chapter and to restrain violations thereof. Enforcement actions brought under this section and appeals thereof shall conform to the applicable provisions of chapter 30A and hearing regulations promulgated thereunder. The commissioner may promulgate regulations to implement this section. The commissioner may issue orders necessary to enforce this chapter and to restrain violations thereof. Such orders shall be effective pending resolution of any appeal, unless otherwise ordered by a court of competent jurisdiction.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 129 - Livestock Disease Control › Section 39 - Licensing of Persons Dealing in Bovine and Porcine Animals; Fee

Section 39. Every person engaging in the business of dealing in bovine and porcine animals shall obtain a license therefor from the director, the fee for which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof, and such license shall expire on November thirtieth following the date of issuance, unless sooner revoked. The director shall, subject to the approval of the commissioner of food and agriculture and of the governor, make rules and regulations governing the issuance and revocation of such licenses and the conduct of the businesses so licensed and relative to the maintenance of premises, buildings and conveyances, the health of bovine and porcine animals and the method and time of inspection and checking of said animals.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 129 - Livestock Disease Control › Section 39a - Pet Shops; Licensing Operation; Animal Health Inspections

Section 39A. Every person engaged in the business of operating a pet shop, shall obtain a license therefor from the director, the fee for which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof, and such license shall expire on December thirty-first following the date of issuance, unless sooner revoked. The director, subject to the approval of the governor, may make rules and regulations governing the issuance and revocation of such licenses and the conduct of the businesses so licensed and relative to the maintenance of premises, buildings and conveyances, the health of the birds, mammals or reptiles and the method and time of inspection and checking of said animals.
This section shall not apply to a publicly or privately owned zoological park, a publicly owned animal pound, an institution, as defined in section one of chapter forty-nine A, to persons selling, exchanging or otherwise transferring the offspring of their personally owned animals, or to horse or cattle auctions.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 129 - Livestock Disease Control › Section 39b - Guard Dog Businesses; Licenses

Section 39B. Every person engaged in operating a guard dog business shall obtain a license therefor from the director, the fee for which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof, and such licenses shall expire on December thirty-first following the date of issuance, unless sooner revoked. The director may make rules and regulations governing the issuance and revocation of such licenses and the conduct of the businesses so licensed, and relative to the maintenance of the premises and conveyances, the health of the dogs and the method and time of inspection of such businesses.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 129 - Livestock Disease Control › Section 39c - Hearing Dog Business; Licenses

Section 39C. Every person engaged in the hearing dog business shall obtain a license therefor from the director, the fee for which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof, and such license shall expire on December thirty-first following the date of issuance, unless sooner revoked. The director may make rules and regulations governing the issuance and revocation of such licenses and the conduct of any business so licensed, and relative to the maintenance of premises, buildings and conveyances, the health of the dogs and the method and time of inspection of such dogs and such business.
The director shall promptly furnish to the director of the office of deafness the name and address of each person licensed to conduct a hearing dog business, and the person so licensed shall promptly furnish to the director of the office of deafness with the name and address of each person to whom a hearing dog is furnished. A hearing dog shall, for identification purposes, be fitted with a collar and leash which are of a bright color.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 129 - Livestock Disease Control › Section 39e - Livestock Auction Business; Licenses

Section 39E. As used in the section, the word ''livestock'' shall include all bovine, ovine, caprine, porcine, equine animals and poultry. The word ''poultry'' shall include all domesticated birds including, but not limited to, chickens, turkeys, guineas, exotic and game birds. Every person engaged in the business of auctioning livestock shall obtain a license therefore from the director, the fee for which shall be determined by the secretary of administration and finance, and such license shall expire on November thirtieth following the date of issuance, unless sooner revoked. The department of food and agriculture may make rules and regulations governing the issuance and revocation of such licenses, and relative to matters relating to this section including, but not limited to, record-keeping, facility maintenance, animal identification, animal health and methods and times for inspecting and checking animals.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 129 - Livestock Disease Control › Section 39f - Service Dogs; Trainer Rights

Section 39F. A person accompanied by and engaged in the raising or training of a service dog, including a hearing, guide or assistance dog, shall have the same rights, privileges and responsibilities as those afforded to an individual with a disability under the Americans with Disabilities Act, 42 U.S.C. sections 12101 et seq.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 129 - Livestock Disease Control › Section 40 - License Plates for Vehicles Used for Transportation of Bovine or Porcine Animals; Fee; Revocation

Section 40. Each vehicle used for the transportation of bovine or porcine animals by any person engaged in the business of dealing in such animals, when operated on any way in the commonwealth, shall bear a metal license plate, attached to the side of the vehicle to the left of the person operating or driving the same, such plate to be furnished by the director upon the payment of a fee, the amount of which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven. Said plate shall be valid for the term for which the license is granted, but shall be returned to the director on revocation of said license.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 129 - Livestock Disease Control › Section 41 - Bill of Sale or Memorandum Signed by Owner of Persons Transporting Bovine Animals; Exhibition on Demand

Section 41. All persons who transport bovine animals upon any public way in connection with the purchase or sale thereof, shall have in their possession a bill of sale or memorandum signed by the owner or vendor of such animals, containing the address of such owner or vendor, the date of purchase or sale, the number of animals, breed, eartag number or other means of identification of each animal.
Any person transporting bovine animals shall on demand exhibit such bill of sale or memorandum to any officer qualified to serve criminal process.
No person shall accept any bovine animal over six months of age which has been transported over any such way unless accompanied by such bill of sale or memorandum. The person accepting such animals shall endorse the bill of sale or memorandum in such manner as will signify his acceptance of each animal.
This section shall not apply to such licensees under section thirty-nine as are exempted from the provisions hereof by the director, by rules or regulations made under the authority of said section thirty-nine.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 129 - Livestock Disease Control › Section 43 - Penalties for Violation of Secs. 39 to 42

Section 43. Whoever violates any provisions of sections thirty-nine to forty-two, inclusive, or of any rule or regulation made under section thirty-nine or thirty-nine A, shall be punished for a first offence by a fine of not more than one hundred dollars and for any subsequent offence by a fine of not more than five hundred dollars, or by imprisonment for not more than two and one half years, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 129 - Livestock Disease Control › Section 44 - Testing of Imported Equine Animals for Infectious Anemia; Certification

Section 44. No person shall import into the commonwealth any equine animal without a certificate relative to such animal from a laboratory approved by the United States Department of Agriculture, dated within one year from the time of such importation certifying a negative test for infectious equine anemia by a method approved by the United States Department of Agriculture for detecting said disease. Whoever violates any provisions of this section, or of any rule or regulation promulgated hereunder, shall be punished for a first offense by a fine of not more than one hundred dollars and for any subsequent offense by a fine of not more than five hundred dollars, or by imprisonment for not more than two and one-half years, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 129 - Livestock Disease Control › Section 44a - Destruction or Quarantine of Infected Equine Animals

Section 44A. Any equine animal positive to a test approved by the United States Department of Agriculture for the detection of equine infectious anemia may be humanely destroyed; provided, that such destruction is observed by an agent of the division or of the United States department of agriculture, or may be so destroyed by a licensed veterinarian who shall report such destruction to the division, or may be sold or given under a permit from the division to an approved slaughter house or research facility, or, at the owner's option, may be retained under quarantine and held in isolation on the owner's premises; provided, however, that it may be pastured, ridden or driven on the owner's premises within a radius of two hundred yards of where it is stabled, provided, that no other horses are stabled or normally ridden or pastured within that area. Upon the discovery of one or more test positive animals within a quarter of a mile of where such animal is normally stabled, all such reactor animals shall be quarantined to screened stalls.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 129 - Livestock Disease Control › Section 45 - License to Deal in or Auction Equine Animals

Section 45. Every person engaging in the business of dealing in equine animals or auction of said animals and tack shall obtain a license therefor from the director, the fee for which shall be fifty dollars, and such license shall expire on October thirty-first following the date of issuance, unless sooner revoked, provided that the fee for any person licensed under the provisions of section two B of chapter one hundred and twenty-eight shall be five dollars. The director shall, subject to the approval of the commissioner of food and agriculture make rules and regulations governing the issuance and revocation of such licenses and the conduct of the businesses so licensed and relative to the maintenance of premises, buildings and conveyances, the health of equine animals and the method and time of checking and inspection of said animals. The purpose is to prohibit the transportation and slaughter of horses by inhumane means.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 129 - Livestock Disease Control › Section 46 - License Plates for Vehicles Transporting Equine Animals

Section 46. Each vehicle used for the transportation of equine animals by any person engaged in the business of dealing with such animals, when operated on any way, shall bear a metal license plate, attached to the side of the vehicle to the left of the person operating or driving the same, such plate to be furnished by the director on the payment of a fee of five dollars. Said plate shall be valid for the term for which the license is granted, but shall be returned to the director on revocation of said license. The use of multiple deck vehicles or the so-called ''possum belly'' vehicle used in the transportation of equine animals is prohibited.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 129 - Livestock Disease Control › Section 47 - Bill of Sale or Memorandum

Section 47. A person who transports equine animals for immediate slaughter upon any public way in connection with the purchase or sale thereof, shall have in his possession a bill of sale or memorandum signed by the owner or vendor of such animals, containing the address of such owner or vendor, the date of purchase or sale, the number of animals and means of identification of each animal. Any such person transporting such equine animals shall on demand exhibit such bill of sale or memorandum to any officer qualified to serve a criminal process. No such person shall accept any such equine animal which has been transported over any such way unless accompanied by such bill of sale or memorandum. Such person accepting such animals shall endorse the bill of sale or memorandum in such manner as will signify his acceptance of such animals. Horses intended for immediate slaughter shall not be required to have a certificate as provided in section forty-four.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 129 - Livestock Disease Control › Section 48 - Violations, Penalties

Section 48. Whoever violates any provisions of section forty-five to forty-seven, inclusive, or any rule or regulation made under section forty-five shall be punished for the first offense by a fine of not more than one hundred dollars and for any subsequent offense by a fine of not more than five hundred dollars, or by imprisonment for not more than two and one half years, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 130 - Marine Fish and Fisheries › Section 1a - Division of Marine Fisheries

Section 1A. The division of marine fisheries shall be within the department in the executive office of environmental affairs and shall be under the administrative supervision of a director who shall be called the director of marine fisheries. The director of the division of marine fisheries shall be appointed and may be removed by the commissioner of the department of fish and game with the approval of the marine fisheries advisory commission. The said division of marine fisheries shall administer all the laws relating to marine fisheries as appearing in chapter one hundred and thirty and any other general or special laws, except as pertain to the enforcement thereof. It shall be responsible for the biological development of marine fish and fisheries. Said division shall co-operate with all departments, boards, officials and institutions of the commonwealth or its subdivisions that may be concerned in any way with matters under its supervision. It shall co-operate with adjoining states and with the United States of America, or any agency thereof, with foreign countries, and any other agency, as may be authorized by the general court, and receive and dispense such funds from any of such agencies, states or governments as may be authorized by the general court.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 130 - Marine Fish and Fisheries › Section 1b - Marine Fisheries Advisory Commission

Section 1B. There shall be in the division of marine fisheries a commission to be known as the marine fisheries advisory commission hereinafter called the commission, which shall consist of nine members, qualified in the field of marine fisheries by training and experience, to be appointed by the governor with the approval of the council. As the term of a member expires, his successor shall be appointed for a term of three years, except that initially three members shall be appointed for terms of two years and three members shall be appointed for terms of one year. The governor may also, with the like approval, fill any vacancy in an unexpired term. No member of the commission shall hold any other position in the department while serving as such, nor for a period of two years thereafter.
The commission shall annually elect its own chairman and clerk and shall keep accurate records of its meetings and hearings and shall meet at least quarterly and at the call of the chairman. A quorum to conduct business shall consist of five members. The commission shall hold public hearings relative to matters within the jurisdiction of the division and shall make recommendations to the director for the proper management and development of the marine fisheries of the commonwealth. The director or his designee shall attend all meetings and hearings of the commission and may present evidence thereat and shall include in his annual report a report of the commission. The members of the commission shall serve without compensation but shall be reimbursed for actual expenses incurred in the performance of their official duties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 130 - Marine Fish and Fisheries › Section 3 - Duplicate License, Permit, or Certificate

Section 3. Whoever loses or by mistake or accident destroys a license, permit or certificate issued under any provision of this chapter may, upon application to the director, accompanied by a fee of three dollars and an affidavit setting forth the circumstances of said loss, receive a duplicate thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 130 - Marine Fish and Fisheries › Section 4 - Record of Licenses, Permits or Certificates; Inspection; Endorsement of Date of Sale on License, Permits and Certificates

Section 4. The director or his agent shall make a record, in books kept therefor, of all licenses, permits or certificates issued by him under the authority of this chapter, and shall date each license, permit or certificate as of the date of issue; and except as hereinafter provided no other date shall be placed on such license, permit or certificate. Such books shall be subject at all times to audit and inspection by the state auditor or by the comptroller or by their respective agents.
Nothing herein shall be construed to prohibit the sale of license, permits and certificates during the month of December in any year to be valid for use only on and after January first next succeeding. Any license, permit or certificate so sold shall have the date of sale endorsed thereon.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 130 - Marine Fish and Fisheries › Section 4a - Administrative Inspections

Section 4A. The director, his assistants, an environmental police officer or deputy environmental police officer or a member of the state police may conduct an administrative inspection in accordance with the provisions of this section of commercial fishing vessels and wholesale and retail fish businesses commercially licensed pursuant to this chapter.
Administrative inspections of a commercial fishing vessel may extend only to the fishing gear, nets, fish on board and the fish holds and only during times in which the commercial fishing vessel is conducting fishing operations, landing fish on board the vessel or off-loading at any pier or wharf.
Administrative inspections of a wholesale or retail fish business may extend only to the fish maintained or processed on the premises, to tanks, refrigerators, freezers, walk-in fish storage closets or other places where fish may reasonably be stored and only during times in which the business is open to the public.
Any fishing gear, nets, or fish found in violation of this chapter or any rule or regulation of the director or the commissioner of the department of public health may be seized and forfeited to the Commonwealth in accordance with chapter two hundred and fifty-seven.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 130 - Marine Fish and Fisheries › Section 5 - Jurisdictional Boundaries

Section 5. The director and the director of the division of fisheries and wildlife, shall from time to time determine and establish the jurisdictional boundaries of each agency in rivers and streams flowing into the sea. Said jurisdictional boundaries may be based upon existing, man-made, natural, geographic or other known landmarks, or determined and established by other appropriate methods or means. If the director and the director of the division of fisheries and wildlife should disagree concerning the determination and establishment of said jurisdictional boundaries the dispute shall be referred to the commissioner, whose decision on the matter shall be final.
The determination and establishment of any jurisdictional boundary made pursuant to this section shall serve solely to distinguish the jurisdiction of the division from the division of fisheries and wildlife for purposes of fisheries management authority, shall be prima facie evidence of the jurisdiction of each respective agency, and shall have no other independent legal significance.
The director and the director of the division of fisheries and wildlife may prepare plans and maps delineating said jurisdictional boundaries, and shall file a copy thereof with the secretary of state and the director of the division of law enforcement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 130 - Marine Fish and Fisheries › Section 8a - Powers of Police Officers

Section 8A. In a city or town bordering on coastal waters, a police officer employed on a full time, provisional or reserve basis shall, for the enforcement of sections thirty-one, thirty-seven, thirty-eight, thirty-eight A, thirty-nine, forty-one, forty-one A, forty-three and forty-four, have the authority granted to an environmental police officer, subject to such rules and regulations as the director with the approval of the commissioner are hereby authorized to adopt.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 130 - Marine Fish and Fisheries › Section 9 - Searches, Seizures and Arrests Without Warrant

Section 9. The director, the deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement and all environmental police officers and deputy environmental police officers or a member of the state police may, without a warrant, search any boat, vessel, fish car, bag, box, locker, package, crate, any building other than a dwelling house, any motor vehicle as defined in section one of chapter ninety, or other vehicle, or any other personal property in which he has reasonable cause to believe, and does believe, that fish taken, held, kept, possessed, transported or held for transportation or sale in violation of law, may be found, and may seize any such fish there found, and may seize any boat, vessel, fish car, bag, box, locker, package, crate, any motor vehicle as defined in section one of chapter ninety, or other vehicle, or any other personal property used in a violation of the laws relative to marine fisheries and hold the same for forfeiture.
Any such person or officer may arrest without a warrant any person found violating any provision of this chapter or of any ordinance, rule or regulation made under authority thereof, or any other provision of law relative to marine fisheries.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 130 - Marine Fish and Fisheries › Section 10 - Issuance of Search Warrant

Section 10. A court or official authorized to issue warrants in criminal cases shall, upon a sworn complaint that the complainant believes that any fish unlawfully taken or possessed are concealed in any boat, vehicle, fish car, box, locker, crate, package, building or other particular place, other than a dwelling house, within its or his jurisdiction, if satisfied that there is reasonable cause for such belief, issue a warrant to search therefor. The warrant shall designate and describe the place to be searched and the articles for which search is to be made and, if possible, the person by whom the articles are believed to be owned, kept or possessed, and shall be directed to any officer named in section eleven commanding him to search the place where the fish for which he is required to search are believed to be concealed, and to seize such fish.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 130 - Marine Fish and Fisheries › Section 12 - Seizure and Forfeiture of Fish Unlawfully Taken, Boats and Apparatus; Sale; Proceeds

Section 12. All fish unlawfully taken, held, possessed or dealt with contrary to any provision of this chapter or of any rule or regulation made under authority thereof, and all boats, vehicles and apparatus used therein, may, in addition to any or all of the penalties contained therein, be seized, libelled and forfeited to the commonwealth.
Whenever seizure and confiscation or forfeiture is provided by any provision of this chapter, unless another procedure is therein indicated such confiscation or forfeiture shall be according to the provisions of chapter two hundred and fifty-seven. Fish so seized except shellfish apparently taken from an area determined under section seventy-four or corresponding provisions of earlier laws to be contaminated, and except fish seized under the provisions of section eighty-nine, may be so libelled or, at the discretion of the director, be disposed of by him for the best interests of the commonwealth, or, in the alternative, be sold at private sale or public auction, and the net proceeds of such sale may be libelled in the same manner and with the same effect as if such proceeds were the property itself, unless the person named in the warrant or some person in his behalf shall before the commencement of such libel or sale request that the fish be preserved until final action is had thereon. Shellfish apparently taken from an area determined to be contaminated as aforesaid, and fish seized under the provisions of section eighty-nine, shall be disposed of by the director in such manner as will prevent the use thereof as food.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 130 - Marine Fish and Fisheries › Section 13 - Display of Fish Upon Demand; Violations

Section 13. The director, the deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement and all environmental police officers and deputy environmental police officers, or any member of the state police may request any person whom he has cause to believe is engaged in unlawfully fishing, or to be unlawfully in possession of fish, or to be in possession of fish unlawfully taken, to forthwith display for inspection all fish then in his possession, and may arrest without warrant a person refusing or failing to comply with such request.
Whoever, being in a boat in coastal waters throws or dumps overboard the contents of any pail, bag, barrel or other receptacle, or throws overboard any fish, after having been requested or signalled by any officer authorized to enforce this section to stand by for inspection shall be deemed to have violated this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 130 - Marine Fish and Fisheries › Section 15a - Reciprocal Enforcement of Laws Relating to Marine Fisheries

Section 15A. Any game protector, fish and game warden, coastal warden, conservation officer or other person who is empowered to make arrests for violations of the conservation or marine fishing laws of the state of New Hampshire or of the state of Rhode Island may pursue any person found fishing in the coastal waters of such state in violation of the marine fishing laws thereof onto adjacent coastal waters of this commonwealth and there arrest him and take him into such other state for the purpose of prosecuting him for such violation; provided, that such other state shall have enacted legislation giving substantially similar authority to the environmental police officers of the division of law enforcement including deputy environmental police officers and other appropriate officers of this commonwealth relative to persons found fishing in the coastal waters of this commonwealth in violation of the marine fishing laws thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 130 - Marine Fish and Fisheries › Section 17a - Management of Marine Fisheries

Section 17A. Upon petition signed by any interested party or upon his own motion, the director shall submit to the marine fisheries advisory commission proposals relating to the management of the marine fisheries. After public hearing, notice of which shall be published in a newspaper of general distribution in the areas affected, the commission shall in writing approve or disapprove such proposals. If any proposal is so approved, the director shall in accordance with such approval adopt, amend or repeal rules and regulations, subject to the approval of the commissioner, which shall govern the following activities only:
(1) The manner of taking fish;
(2) The legal size limits of fish to be taken;
(3) The seasons and hours during which fish may be taken;
(4) The numbers or quantities of fish which may be taken;
(5) The opening and closing of areas within the coastal waters to the taking of any and all types of fish; provided that no area shall be so opened or closed without the consent of the selectmen of the town or the mayor and council of the city affected thereby. Upon the request of the commission, the selectmen or mayor and council shall hold a public hearing upon the question and shall thereafter notify the commission in writing within forty-five days after such request has been received or consent will be deemed to have been granted.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 130 - Marine Fish and Fisheries › Section 17b - Aquacultural Enterprises; Permits

Section 17B. Notwithstanding the provisions of this chapter, the director may, by issuance of a written permit under such terms and conditions as he may impose, authorize the possession and taking of fish at any season and of any size for purposes of propagation, rearing, harvesting or sale in connection with an aquacultural enterprise in which the fish being so propagated, reared and harvested are kept separate from natural stocks of the same species.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 130 - Marine Fish and Fisheries › Section 17d - Penalties for Violation of Sec. 17c

Section 17D. Whoever violates section 17C, or any rule or regulation made under authority thereof, shall be punished by a fine per offense as promulgated by the director. All funds received by the commonwealth under this section shall be deposited in the Marine Recreational Fisheries Development Fund established by section 35NN of chapter 10.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 130 - Marine Fish and Fisheries › Section 18 - Illegal Entry on Property Maintained for Experiments, Protection or Propagation of Fish

Section 18. No person shall, without right, enter in or upon any building or other structure or any area of land, flats or water, set apart and used by or under authority of the director for conducting scientific experiments or investigations or for the propagation or protection of fish or, contrary to regulations, fish in waters so set apart and used after the director has caused printed notice of such occupation and use and the purposes thereof to be placed in a conspicuous position upon any such building or other structure or adjacent to any such area of land, flats or water. No person shall injure or deface any such building or other structure or any notice so posted, and no person shall injure or deface any property used in any such experiment or investigation or for such purposes or otherwise interfere with any property used in any such experiment or investigation or for such purposes.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 130 - Marine Fish and Fisheries › Section 20 - Increase in Supply of Shellfish; Co-Operation With Coastal Cities and Towns; Treatment or Purification of Shellfish

Section 20. The director shall assist and co-operate with coastal cities and towns for the purpose of increasing the supply of shellfish and exterminating the enemies thereof within their borders, and for this purpose may expend such sums as may be appropriated therefor. The expenditure of any funds so appropriated shall be apportioned by the director among said coastal cities and towns in such amounts as will, in his opinion, effect the greatest amount of relief and assistance to the shellfish industry; provided, that no money shall be expended hereunder in any such city or town for the purpose of such relief or assistance unless such city or town, within one year prior to the date of such expenditure, shall have expended an amount equal to at least one fourth of the total cost of such work, or shall have contributed services or material of a value, as determined by the director, equal to such proportion. The work of increasing the supply of shellfish and exterminating the enemies thereof in coastal cities and towns aided hereunder shall be done and expenditures therefor shall be made in such manner as the director may determine and in accordance with rules and regulations which the director shall make with respect thereto, which rules and regulations he is hereby authorized to make and enforce.
The director, in the operation of any plant for the treatment or purification or propagation of shellfish, is hereby authorized and directed to investigate and study methods for the treatment or purification of shellfish taken from areas determined under section seventy-four to be contaminated. The director, in the course of such investigation, shall confer with the state department of public health and may expend for expert, clerical and other services and expenses such sums as may be appropriated therefor. The director shall, before exercising the authority to assist and co-operate as provided in this section, receive the advice of the biologist of the division and a written opinion from him thereon.
The director, acting on behalf of the commonwealth and with the approval of the governor and council, may enter into contracts or agreements with agencies of the federal government or any private institute or corporation for carrying out research and laboratory work necessary for purposes of the treatment or purification of shellfish and the propagation of shellfish in the coastal areas of the commonwealth, and may expend such sums as may be appropriated for the purpose.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 130 - Marine Fish and Fisheries › Section 20a - Propagation of Shellfish; Co-Operation With Coastal Cities and Towns

Section 20A. The director shall assist and cooperate with coastal cities and towns for the purpose of establishing and maintaining a program of self-help to said cities and towns for the cultivation, propagation and protection of shellfish. Funds to carry out the purposes of this section shall annually be appropriated from the Tourism and Industrial Promotion Fund. The director may expend such sums as may be appropriated from said fund, but such sums as are expended therefor shall be conditional upon the expenditure of an equal amount of money by said cities and towns.
The treasurer of each participating city or town shall certify to the director annually the amounts so appropriated by said city or town, which for the purposes of this act shall be equal to the total shellfish department budget.
The director, with the approval of the commissioner, shall certify to the state treasurer on an annual basis all sums pledged to the aforesaid purpose by said cities and towns. Family use areas and recreational shellfish areas set aside pursuant to section fifty-two which are cultivated, propagated or protected under the funding or provisions of this section shall be open to all inhabitants of the commonwealth upon payment of a reasonable fee.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 130 - Marine Fish and Fisheries › Section 21 - Compilation of Statistical Information Useful to Marine Fish Industries; Confidentiality; False Reports; Refusal or Failure

Section 21. The director shall devise a system of statistical information useful to the commercial and recreational fishing industry of the commonwealth and may collect and compile fishery statistics obtained thereunder. He may require for such purposes statistical reporting from all fishermen, wholesale and retail fish dealers and fish processors on such forms and at such time to be determined by him. Said statistical reports shall be signed and submitted under the pains and penalties of perjury and subject to chapter sixty-six and chapter sixty-six A, shall be held strictly confidential by the director and shall not be disclosed except in compliance with a valid court order. The director may, by regulation, prescribe such procedures as may be necessary to preserve such confidentiality, except that the director may release or make public any such statistics in any aggregate or summary form which does not directly or indirectly disclose the identity or business of any person who submits such statistics.
Any license, permit or certificate issued by the division to any person who refuses or fails to submit, or knowingly submits a false statistical report shall be suspended and surrendered to the director. Persons who fail to submit, or knowingly file a false report shall not have issued to them a new license, permit or certificate until an accurate statistical report is submitted to the director.
The director may enter into cooperative agreements with local, state or federal authorities for the purpose of joint conservation and management of marine fisheries and for the implementation and enforcement of rules and regulations relative thereto, and may, subject to chapter thirty A, implement any regulations as developed and recommended by the Atlantic States Marine Fisheries Commission.
The director shall, from to time, prepare and distribute bulletins and reports embodying statistical and other information relative to marine fisheries. He shall also assist and cooperate with local authorities in the promulgation of rules and regulations for the protection and conservation of marine fisheries.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIX - Agriculture and Conservation › Chapter 130 - Marine Fish and Fisheries › Section 23 - Discharge of Oil or Other Poisonous Substances Into Coastal Waters; Use of Explosives; Penalty

Section 23. Except in the case of emergency imperiling life or property or an unavoidable accident or except in accordance with the terms of a permit issued pursuant to state or federal water pollution control laws, no person shall, from any source: (i) put, throw, discharge or suffer or permit to be discharged or permit the escape of any oil, poisonous or other injurious substance into any coastal waters; provided, however, that such substances shall include, but not limited to, sawdust, shavings, garbage, ashes, acids, sewage and dye-stuffs, whether simple, mixed or compound, or heated effluent, which directly or indirectly materially injures fish, fish spawn or seed therein; (ii) take any such fish by any such means; (iii) kill or destroy fish in any such waters by the use of dynamite or other explosives; (iv) take any such fish in such waters by such means; or (v) explode dynamite or other explosive in such waters.