reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 3.00 - The Use Of Recreation Vehicles And Snow Vehicles › Section 3.04 - Towing

Current through Register 1525, July 5, 2024
(1)
Authorization
. If deemed necessary for the protection of public safety by any person authorized to enforce M.G.L. c. 90B, §§ 20 through 35 such person may cause a snow vehicle, recreation vehicle or unregistered motor vehicle to be moved by placing such vehicle in tow or by directing that a towing service move such vehicle:
(a) when the operator of the snow vehicle or recreation vehicle willfully neglects or refuses to obey the order of a person authorized to enforce M.G.L. c. 90B, §§ 20 through 35;
(b) when the operator of a snow vehicle or recreation vehicle is placed under arrest;
(c) whenever a recreation vehicle, snow vehicle or motor vehicle is abandoned; or
(d) whenever the use of such vehicle has been terminated for an unsafe condition under 323 CMR 3.06.
(e) whenever the law enforcement officer has determined that the snow vehicle or recreation vehicle, or operator thereof, is in noncompliance with M.G.L. c. 90B or 323 CMR 3.00.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 3.00 - The Use Of Recreation Vehicles And Snow Vehicles › Section 3.05 - Registration Numbers and Decal

Current through Register 1525, July 5, 2024
(1) All valid snow and recreation vehicle registrations made prior to February 1, 2011 shall have registration numbers and decals displayed in the following manner:
(a)
Registration Decal Placement - Snowmobile
. For all snow vehicles, the registration number assigned by the Director shall:
1. Be displayed on a decal provided by the Director;
2. Such decal shall be affixed to the left side cowling of the snow vehicle or on the lower left side of the windshield, so as to be clearly visible; and
3. The vehicle's owner shall also display in the upper left hand corner of such decal, the current validation sticker.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 3.00 - The Use Of Recreation Vehicles And Snow Vehicles › Section 3.06 - Termination of Use

Current through Register 1525, July 5, 2024
Any officer authorized to enforce M.G.L. c. 90B, §§ 20 through 35 who observes a snow vehicle or recreation vehicle being used in an unsafe condition, as defined in 323 CMR 3.02, and which presents a substantial risk of injury or loss of life by the use of such vehicle, may terminate such use and direct the operator to take whatever immediate and corrective steps are necessary for the safety of the operator, any passengers, and the public, including, but not limited to, directing the operator to cease operation until operation is deemed to be safe.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 3.00 - The Use Of Recreation Vehicles And Snow Vehicles › Section 3.07 - Equipment

Current through Register 1525, July 5, 2024
(1)
Lights
. No person shall operate a snow vehicle or recreation vehicle without displaying one or more lighted headlights and a lighted taillight during the nighttime or at any time when, due to insufficient light or unfavorable atmospheric conditions caused by snow, fog or otherwise, other persons, vehicles, or other objects are not clearly discernible for a distance of 300 feet.
(2)
Brakes
. No person shall operate a snow vehicle or recreation vehicle that does not have brakes adequate to control the movement of the vehicle and to stop and hold it under any condition of operation.
(3)
Muffler
. No person shall use a muffler cut-out, by-pass, straight pipe or similar device on a snow vehicle or recreation vehicle.
(4)
Spark Arrestor
. No person shall operate a recreation vehicle other than a snowmobile unless it is equipped with a suitable spark arrestor.
(5)
Helmet
. No person shall operate or ride in or on a snow vehicle or a recreation vehicle or ride in or on a sled, inflated tube or similar article attached to and pulled by such vehicle, without wearing protective headgear. Such headgear shall conform to minimum standards for construction and performance as the registrar of motor vehicles may prescribe.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 3.00 - The Use Of Recreation Vehicles And Snow Vehicles › Section 3.08 - Dealers

Current through Register 1525, July 5, 2024
(1)
Permits
. Every dealer in recreation vehicles and/or snow vehicles shall be permitted by the Director. No dealer in recreation vehicles and/or snow vehicles shall sell or offer for sale such a vehicle unless holding a permit from the Director.
(2)
Forms
. A dealer shall apply for a permit on forms provided and filed with the Director and by paying the requisite fee.
(3)
Display
. The permit issued by the Director shall be conspicuously displayed by the dealer at its place of business.
(4)
Information
. No dealer shall sell a recreation vehicle or snow vehicle without securing from such person the name and current address of the owner of the vehicle on a form provided by the Director.
(5)
Notice
. Within 30 days of the sale of a snow vehicle or recreation vehicle by a dealer, such dealer shall provide the Director with the name and address of the purchaser of such vehicle on a form provided by the Director.
(6)
Literature
. At the time of sale of any recreation vehicle or snow vehicle by a dealer such dealer shall deliver to the purchaser a copy of any appropriate informational literature or brochure provided by the Division to the dealer for such purpose.
(7)
Suspension or Revocation
. Failure to comply with any provision of 323 CMR 3.08 may subject the dealer's permit to suspension or revocation by the Director, any suspension of revocation shall be in accordance with the provisions of M.G.L. c. 30A.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 3.00 - The Use Of Recreation Vehicles And Snow Vehicles › Section 3.09 - Local Laws

Current through Register 1525, July 5, 2024
Nothing in 323 CMR 3.00 shall prohibit a city or town from adopting more stringent bylaws or ordinances, or public agencies from adopting more stringent regulations concerning land under such agency's management. Nothing in 323 CMR 3.00 shall supersede any limitations on use contained in M.G.L. c. 90B.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 3.00 - The Use Of Recreation Vehicles And Snow Vehicles › Section 3.10 - Penalties

Current through Register 1525, July 5, 2024
(1) For purposes of M.G.L. c. 90B, § 34 any violation of 323 CMR 3.03 shall be deemed a violation of M.G.L. c. 90B, § 26.
(2) For purposes of M.G.L. c. 90B, § 34 any violation of 323 CMR 3.05 shall be deemed a violation of M.G.L. c. 90B, § 22.
(3) For purposes of M.G.L. c. 90B, § 34 any violation of 323 CMR 3.07 shall be deemed a violation of M.G.L. c. 90B, § 24.
(4) For purposes of M.G.L. c. 90B, § 34 any violation of 323 CMR 3.08 shall be deemed a violation of M.G.L. c. 90B, § 22.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 4.00 - The Operation Of Personal Watercraft › Section 4.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
The purpose and scope of 323 CMR 4.00 is to protect the public safety by establishing rules of conduct governing the operation of personal watercraft, by promoting voluntary compliance with the rules, and, when necessary, by deterring, through fines and penalties, noncompliance with the rules. The Division of Law Enforcement intends to improve, through the rules, the safe and appropriate use of personal watercraft.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 4.00 - The Operation Of Personal Watercraft › Section 4.02 - Definitions

Current through Register 1525, July 5, 2024
Headway speed
shall mean the slowest speed at which a personal watercraft may be operated and maintain steerage way. To be considered operating at headway speed under 323 CMR 4.00 the operator shall be either kneeling or sitting.
Personal watercraft
shall mean a vessel propelled by a water jet pump or other machinery as its primary source of motor propulsion which is designed to be operated by a person sitting, standing or kneeling on the vessel rather than being operated in the conventional manner by a person sitting or standing inside the vessel.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 4.00 - The Operation Of Personal Watercraft › Section 4.03 - Operation

Current through Register 1525, July 5, 2024
(1)
Minimum Age
. No
			 person shall operate a personal watercraft if such person is:
(a) Under the age of 16;
(b) 16 or 17 years of age without first
			 having received a safety certificate evidencing satisfactory completion of a
			 training course in safe operation conducted by the United States Coast Guard
			 Auxiliary, the United States Power Squadron, the Division of Law Enforcement,
			 or such other entity approved in writing by the Director.
(c) 16 or 17 years of age without having
			 first received a safety certificate evidencing satisfactory completion of a
			 training program in personal watercraft safety conducted by the Division of Law
			 Enforcement or other such entity approved in writing by the Director.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 4.00 - The Operation Of Personal Watercraft › Section 4.04 - Rental of Personal Watercraft

Current through Register 1525, July 5, 2024
(1)
Minimum Age
. No person shall lease, hire or rent a personal watercraft to any person under 16 years of age, nor to any person 16 or 17 years of age unless said person produces a certificate evidencing compliance with 323 CMR 4.03(1)(b).
(2)
Notice of Regulations
. No person shall lease, hire or rent a personal watercraft to any person unless said lease, hire or rental is accompanied by a copy of 323 CMR 4.00
et
.
seq
.
(3)
Safety Rules Stickers
. No person shall lease, hire or rent a personal watercraft to any person unless said personal watercraft shall have the most current version of the Safety Rules Sticker prominently affixed thereto so that it is visible and readable by the operator.
(4)
Safety Equipment and Education
. A personal floatation device complying with 323 CMR 4.03(2)  shall be provided with all rented personal watercraft. The safe operation of the personal watercraft shall be explained by the rental livery. This explanation shall include a complete review of 323 CMR 4.00
et
.
seq
.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 4.00 - The Operation Of Personal Watercraft › Section 4.05 - Penalties

Current through Register 1525, July 5, 2024
(1) For purposes of M.G.L. c. 90B, § 14,
			 any violation of
			 323 CMR 4.03(1), (3), (4), (5), (6), or
			 (7) shall be deemed a violation of M.G.L. c.
			 90B, § 8.
(2) For purposes of
			 M.G.L. c. 90B, § 14, any violation of
			 323 CMR 4.03(2)
			  shall be deemed a violation of M.G.L. c.
			 90B, § 5A.
(3) For purposes of
			 M.G.L. c. 90B, § 14, any violation of
			 323 CMR 4.03(8)
			  shall be deemed a violation of M.G.L. c.
			 90B, § 6.
(4) For purposes of
			 M.G.L. c. 90B, § 14, any violation of
			 323 CMR
			 4.04 shall be deemed a violation of M.G.L. c.
			 90B, § 7.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 6.00 - Commercial Uses on the Deerfield River (former title: Commercial Whitewater Use) › Section 6.01 - Purpose

Current through Register 1525, July 5, 2024
323 CMR 6.00 is intended to promote the protection of public safety and welfare by establishing rules of conduct and operation governing commercial uses of the Deerfield River, by promoting voluntary compliance with the rules, and, when necessary, by deterring through penalties noncompliance with the rules. 323 CMR 6.00 governs the use of commercial whitewater craft and tubes on the Deerfield River in Massachusetts. Specifically, there exists portions of the Deerfield River known as the Fife Brook and Monroe sections beginning at the Vermont border and extending to the Zoar Road bridge just upstream of the Zoar Picnic Area and downstream of Zoar Gap. These sections have seen an increased interest by commercial entities because of its excellent whitewater and other recreational potential. In addition, these sections of the Deerfield River presently contain the most popular, pristine, and beautiful angling spot in western Massachusetts, with two catch and release areas, and are among the most popular angling areas in the northeast.
Numerous states regulate the operation of whitewater use by including a limitation on the number of companies and rafts that may utilize a particular river, based in part on safety factors. Such states include Maine, New York, Pennsylvania, Virginia, West Virginia, North Carolina and many of the western states.
Based upon these facts the Director has determined that 323 CMR 6.00, regulating whitewater commercial use on the Deerfield River, is in the interest of public safety.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 6.00 - Commercial Uses on the Deerfield River (former title: Commercial Whitewater Use) › Section 6.02 - Definitions

Current through Register 1525, July 5, 2024
Commercial Tube Provider
. A person, corporation, business, company, or other legal entity that Provides Tubes.
Commercial Whitewater Outfitter
. A person, corporation, business, company or other legal entity that Provides Whitewater Craft or conducts Whitewater Craft excursions for compensation.
Director
. The Director of the Office of Law Enforcement.
Passenger
. Any person other than an employee of a Commercial Whitewater Outfitter or Commercial Tube Provider making a trip in a Whitewater Craft or Tube.
Provides
. To allow, for compensation, the use of a Whitewater Craft or Tube for a period of time. This term also includes the offering for sale with a written or oral agreement or any other arrangement, to repurchase, at a reduced cost, the Whitewater Craft or Tube at the completion of its use.
Tube
. Any inflatable tube, or other similar inflatable device, used to transport passengers along the Deerfield River.
Whitewater Craft
. Any craft used to transport passengers along the Deerfield River including non inflatable craft such as kayaks and stand up paddle boards. This term does not include Tubes.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 6.00 - Commercial Uses on the Deerfield River (former title: Commercial Whitewater Use) › Section 6.04 - Commercial Tube Providers

Current through Register 1525, July 5, 2024
(1)
Tubing Area
. Commercial Tube Providers may not Provide Tubes for use upstream of the Zoar Gap or downstream of Mill Brook.
(2)
Equipment
. All Tubes Provided by Commercial Tube Providers must be multi-chamber and made of commercial grade rubber; provided, however, that single-chambered tubes in use as of April 29, 2022 may be Provided on or before December 31, 2023. No Tubes may be tied together by means of a rope or any other connecting material or mechanism. Double Tubes that hold two passengers are not permitted.
(3)
Passengers
. Each Tube may not carry more than one Passenger. All Passengers in Tubes Provided by Commercial Tube Providers shall wear a personal flotation device of appropriate size and type approved by the Director.
(4)
Age Restriction
. All persons younger than 15 years old must be accompanied by and directly supervised by an adult 18 years of age or older during any trip on any Tube. Such adult may accompany and supervise more than one person younger than 15 years old. No persons younger than ten years old may be Provided a Tube.
(5)
Instruction
. Commercial Tube Providers shall provide instruction to each passenger of the attendant hazards and appropriate safety procedures, and of a code of conduct regarding private property, prior to any excursion. Safety procedures and code of conduct shall be posted visibly at Commercial Tube Provider facilities.
(6)
Numbering
. Each Tube shall be numbered, and the name or an identifying symbol or logo of the Commercial Tube Provider shall be affixed to each Tube, in a manner approved by the Director.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 6.00 - Commercial Uses on the Deerfield River (former title: Commercial Whitewater Use) › Section 6.05 - Permits

Current through Register 1525, July 5, 2024
(1)
Requirement
. All Commercial Whitewater Outfitters and Commercial Tube Providers are required to have a permit issued by the Director.
(2)
Eligibility
. Unless otherwise provided in 323 CMR 6.05(12), only Commercial Whitewater Outfitters and Commercial Tube Providers who have held a permit from the Office of Law Enforcement to conduct excursions or Provide Tubes on the Deerfield River in any previous year are eligible to apply for such a permit. 323 CMR 6.05 shall not apply to those Commercial Tube Providers who are seeking a permit for the year 2023.
(3)
Application
. Applications for a permit shall be on forms supplied by the Director. The application shall be submitted on or before December 1st of each year. The Director shall approve or deny any application on or before February 1st of the following year.
(a) Commercial Tube Providers will not be required to obtain a permit for the year 2022, but will be required to obtain a permit thereafter.
(b) If a Commercial Tube Provider intends to apply for a permit for the year 2023, they must submit a letter of intent to the Director no later than November 1, 2022.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 6.00 - Commercial Uses on the Deerfield River (former title: Commercial Whitewater Use) › Section 6.06 - Whitewater Advisory Committee

Current through Register 1525, July 5, 2024
(1) The Director shall appoint a Whitewater Advisory Committee. The Whitewater Advisory Committee shall consist of one member from the Appalachian Mountain Club, one member from Trout Unlimited, one member from New England FLOW, one member from American Whitewater, one member from the Deerfield River Watershed Association, one member from an area chamber of commerce, one representative from the Executive Office of Energy and Environmental Affairs, one representative from the Office of Law Enforcement, one representative from the Division of Fisheries & Wildlife, and as an
ex-officio
member, one from each of those Commercial Whitewater Outfitters and Commercial Tube Providers that hold a permit issued in accordance with 323 CMR 6.05.
(2) The Committee shall advise the Director on the administration of 323 CMR 6.00 except that
ex-officio
members from each Commercial Whitewater Outfitter or Commercial Tube Provider that holds a permit issued pursuant to 323 CMR 6.05 may not comment or advise the Director on the permit application of any other Commercial Whitewater Outfitter or Commercial Tube Provider.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 6.00 - Commercial Uses on the Deerfield River (former title: Commercial Whitewater Use) › Section 6.07 - Prohibitions

Current through Register 1525, July 5, 2024
It is a violation for:
(1) a Commercial Whitewater Outfitter or Commercial Tube Provider to operate on the Deerfield River without a permit from the Director;
(2) a Whitewater Craft operated by a Commercial Whitewater Outfitter to operate on the Deerfield River without a safety certificate from the Director;
(3) a Commercial Whitewater Outfitter to violate any term or condition of the permit or safety certificate, including not allowing inspections of books and records;
(4) a Commercial Tube Provider to violate any term of condition of the permit, including not allowing inspections of books and records;
(5) a Commercial Whitewater Outfitter or Commercial Tube Provider to operate on the Deerfield River without adequate liability insurance, provided such insurance is commercially available;
(6) a Commercial Whitewater Outfitter or Commercial Tube Provider to exceed its established daily passenger quota on the Deerfield River;
(7) a Commercial Whitewater Craft excursion to occur on the Deerfield River or Provision of Tubes for trips on the Deerfield River before the first Saturday in April or after Columbus Day;
(8) any portion of a Commercial Whitewater Craft excursion or trip on a Tube Provided by a Commercial Tube Provider to occur on the Deerfield River before 9:00 A.M. or after sunset as published annually in the Massachusetts Division of Fisheries and Wildlife's
Massachusetts Guide to Hunting, Freshwater Fishing, and Trapping Laws
sourced from the U.S. Naval Observatory Astronomical Application Department, Washington, D.C.;
(9) the consumption or possession of drugs or alcohol to occur during an excursion on a Whitewater Craft or on a Tube Provided by a Commercial Tube Provider;
(10) any glass bottles or containers to be onboard or carried by a Passenger of a Whitewater Craft operated by a Commercial Whitewater Outfitter during an excursion or carried by a Passenger while on a Tube Provided by a Commercial Tube Provider;
(11) a Commercial Whitewater Outfitter or Commercial Tube Provider to loan, sell, assign or transfer any portion of its allocated daily passenger quota for the use of another.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 6.00 - Commercial Uses on the Deerfield River (former title: Commercial Whitewater Use) › Section 6.08 - Penalties

Current through Register 1525, July 5, 2024
(1) For purposes of M.G.L. c. 90B, §14, a violation of 323 CMR 6.00 shall be deemed a violation of M.G.L. c. 90B, § 12A.
(2) Any violation of 323 CMR 6.00 by a Commercial Whitewater Outfitter or Commercial Tube Provider may result in the suspension or revocation of the permit issued pursuant to 323 CMR 6.05(1)  and any safety certificates issued pursuant to 323 CMR 6.03 for Whitewater Craft owned or operated by that Commercial Whitewater Outfitter. Suspensions and revocations are subject to the provisions governing adjudicatory proceedings pursuant to the relevant provisions of M.G.L. c. 30A.
Code of Massachusetts Regulations › 325 CMR - CONNECTICUT RIVER ATLANTIC SALMON COMMISSION › Title 325 CMR 2.00 - Atlantic Salmon Management In The Connecticut River › Section 2.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
325 CMR 2.00 was adopted by the Connecticut River Atlantic Salmon Commission, pursuant to its Statement of Practices and Procedures, at its regular meeting of March 26, 1985 and after public hearings in Hartford, Connecticut on February 26, 1985, Greenfield, Massachusetts on March1, 1985 and in White River Junction, Vermont on March 6, 1985. 325 CMR 2.00 is adopted under the authority of the statutes of Connecticut (Chap. 494, Sec. 26-302), Massachusetts (St. 1981, c. 716 as amended by St. 1983 c. 610), New Hampshire (108:1, 1979), and Vermont (Chap. 112, Sec. 4651-4662; 1979, No. 89) and by the consent of the U.S. Congress (  Public Law 98-138, 97 Stat. 866).
325 CMR 2.00 is designed to conserve the Connecticut River Atlantic Salmon.
Code of Massachusetts Regulations › 325 CMR - CONNECTICUT RIVER ATLANTIC SALMON COMMISSION › Title 325 CMR 2.00 - Atlantic Salmon Management In The Connecticut River › Section 2.02 - Definitions

Current through Register 1525, July 5, 2024
Angling
means fishing with hook and line which must be personally attended.
Division
means the Division of Fisheries and Wildlife, 100 Cambridge Street, Boston, Massachusetts 02202.
Fly fishing
means angling with the use of a single fly with either a single or double (side by side) hook, whose gape may not exceed ½ inch, dressed with hair, feathers, tinsel, thread, yarn or similar material. The use of lead core lines are prohibited. Additional weight may not be built into the fly in its construction, as in a weighted nymph, and no additional weight or other attachments such as spinners or swivels shall be attached to the hook, leader or line, and the use of open or close face spinning reels, spin cast reels, free spool reels, bait casting reels or similar devices is prohibited.
River
means that portion of the main stem of the Connecticut River which lies within the boundaries and jurisdiction of the Commonwealth of Massachusetts.
Snagging
or
snatching
, lifting or jigging means taking or attempting to take any fish by foul hooking, that is hooking the fish in any part of the body other than inside the mouth.
Take
or
taking
means killing or capturing or otherwise rendering into possession.
Code of Massachusetts Regulations › 325 CMR - CONNECTICUT RIVER ATLANTIC SALMON COMMISSION › Title 325 CMR 2.00 - Atlantic Salmon Management In The Connecticut River › Section 2.03 - Connecticut River Basin Atlantic Salmon License

Current through Register 1525, July 5, 2024
(1)
License
. No person shall take, attempt to take, assist in taking or possess on the waters or the shores of the River or any of its tributaries any Atlantic salmon without first having obtained a Connecticut River Basin Atlantic Salmon License from the Division.
(2)
Forms
. Such license shall be issued by the Division on forms provided by the Commission and shall be valid during the calendar year of issue.
(3)
Other Permits
. No person shall be issued such license unless such person has first obtained a valid Fresh water Fishing License from the Division.
(4)
Display
. Such license shall be displayed in a conspicuous manner on the outer garment at all times when angling for Atlantic salmon.
(5)
Fee
. The fee for such license shall be $10.50.
Code of Massachusetts Regulations › 325 CMR - CONNECTICUT RIVER ATLANTIC SALMON COMMISSION › Title 325 CMR 2.00 - Atlantic Salmon Management In The Connecticut River › Section 2.04 - Seasons, Methods and Limits

Current through Register 1525, July 5, 2024
(1)
Closed Season
. No person shall take or attempt to take from the River or possess on the waters or shores of the River any Atlantic salmon except that the Commission, acting under Article VIII, Section 6 of its Statement of Practices and Procedures, when it has evidence that sufficient numbers of Atlantic salmon have returned to the River, may declare an open season in the River or in specified sections of the River for such periods as it deems appropriate and may close such season for cause.
(2)
Notice
. Notice of an open season shall be published in the Massachusetts Register.
(3)
Open Season
. Upon the declaration of an open season for Atlantic salmon in the River, the Commission shall provide to the Division, Connecticut River Atlantic Salmon Tags to be issued, at no additional cost, to holders of the Connecticut River Basin Atlantic Salmon License in a number determined by the Commission to be the individual season creel limit. Any person taking any Atlantic salmon in the main stemof the Connecticut River shall immediately attach thereto a Connecticut River Salmon Tag.
(4)
Prohibition
. The possession of any Atlantic salmon on the waters or shores of the River without such tag attached or the removal of such tag prior to preparation for consumption is prohibited.
(5)
Method
. During any open season declared by the Commission and published in the Massachusetts Register Atlantic salmon may be taken by fly fishing only.
(6)
Minimum Length
. The minimum length for At lanticsalmons hall be 15 inches .
(7)
Limits
. The daily and seasonal creel limit shall be as determined by the Commission upon declaration on an open season and upon publication in the Massachusetts Register.
(8)
Inspection
. Any Atlantic salmon taken under the provisions of this section must be presented for inspection within 48 hours to any officer authorized to enforce this 325 CMR 2.00.
(9)
Snagging
. The snagging of Atlantic salmon is prohibited.
(10)
Light
. The taking of Atlantic salmon with the aid of an artificial light is prohibited.
(11)
Dam restriction
. No Atlantic salmon may be taken within 250 feet of any dam or fish way.
(12)
Gaffs
. The use of a gaff to land Atlantic salmon is prohibited.
(13)
Return
. All Atlantic salmon taken contrary to 325 CMR 2.04 shall be immediately returned, without avoidable injury, to the water from which taken.
Code of Massachusetts Regulations › 325 CMR - CONNECTICUT RIVER ATLANTIC SALMON COMMISSION › Title 325 CMR 2.00 - Atlantic Salmon Management In The Connecticut River › Section 2.05 - Scientific Purposes

Current through Register 1525, July 5, 2024
Nothing in 325 CMR 2.00 shall prohibit a duly authorized employee agent or officer of the Department of Fisheries, Wildlife and Recreational Vehicles acting withing the scope of official employment, from taking or possessing Atlantic salmon for the purposes of research, management or propagation.
Code of Massachusetts Regulations › 325 CMR - CONNECTICUT RIVER ATLANTIC SALMON COMMISSION › Title 325 CMR 2.00 - Atlantic Salmon Management In The Connecticut River › Section 2.06 - Penalties

Current through Register 1525, July 5, 2024
(1)
Fines
. Any person who violates any provision of 325 CMR 2.00 shall be subject to the penalties set forth in M.G.L. c. 131, § 90.
(2)
License Revocation
. Upon conviction of any person for any violation of any provision of 325 CMR 2.00, the Connecticut River Basin License issued to such person and the right to obtain such license shall automatically be suspended for a period of one year for the first violation, two for the second violation and five years for the third and subsequent violations. Upon suspension of said license, any Connecticut River Atlantic Salmon Tags issued under the provisions of 325 CMR 2.00 shall be surrendered to the State of issuance.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 3.00 - Shipment of Dogs into The Commonwealth › Section 3.01 - Definitions

Current through Register 1525, July 5, 2024
Director
. Director of the Division of
				Animal Health.
Division of Animal Health
. The
				Division of Animal Health within the Department of Agricultural
				Resources.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 3.00 - Shipment of Dogs into The Commonwealth › Section 3.02 - Shipment In

Current through Register 1525, July 5, 2024
(1)
Health Certificate Required
. All dogs shipped or in
			 any way transported into the Commonwealth of Massachusetts from any point
			 outside thereof must be accompanied by a health certificate approved by the
			 Livestock Official of the State of origin showing that they are free from all
			 symptoms of infectious, contagious and communicable diseases; that they have
			 not been exposed to rabies and if vaccinated the certificate shall include the
			 date of vaccination.
(2)
Rabies
. Any dog which originated in an area where
			 rabies has been known to exist within a period of six months prior to
			 importation shall have been properly vaccinated with rabies vaccine within 12
			 months prior to date of importation and may, at the discretion of the Director,
			 be subject to quarantine at destination for a period of not less than 14 days
			 following arrival within the Commonwealth of Massachusetts.
(3)
Exemptions
. 330
			 CMR 3.02 shall not apply to any dogs passing through the Commonwealth of
			 Massachusetts nor to performing dogs kept under direct control during their
			 stay in the Commonwealth of Massachusetts.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 3.00 - Shipment of Dogs into The Commonwealth › Section 3.03 - Violation

Current through Register 1525, July 5, 2024
Any transportation company, person, firm or corporation in the
				Commonwealth of Massachusetts receiving dogs which for any reason are not
				accompanied by a certificate of health as provided in
				330 CMR 3.02, shall
				immediately notify either the local Inspector of Animals or the Division of
				Animal Health. The dogs so received must not be removed from the premises where
				received except by order of the Director, and in the case of a transportation
				company or its agent, or off the premises where they are unloaded except by
				permission obtained from the Director or one of his or her agents.
If, for any cause, dogs are brought within the limits of the
				Commonwealth of Massachusetts in violation of
				330 CMR 3.02, it
				shall be the duty of the local Inspector of Animals of any city or town in
				which they arrive to quarantine them and to communicate with the office of the
				Division of Animal Health in regard to same.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 3.00 - Shipment of Dogs into The Commonwealth › Section 3.04 - Quarantine

Current through Register 1525, July 5, 2024
Any dog which enters the Commonwealth of Massachusetts contrary
				to
				330 CMR 3.02 shall be
				segregated at the risk and expense of the owner or the person, firm or
				corporation in whose charge the dog or dogs are held and placed under
				quarantine for a 90-day period or may be released by order of the Director
				provided the owner or his authorized representative shall agree to return said
				dog or dogs immediately to the State in which shipment
				originated.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 3.00 - Shipment of Dogs into The Commonwealth › Section 3.05 - USDA

Current through Register 1525, July 5, 2024
The provisions of
				330 CMR 3.02 do not
				apply to dogs which are under the control of the Animal Health Division of the
				United States Department of Agriculture.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 4.00 - Cattle › Section 4.02 - General

Current through Register 1525, July 5, 2024
USDA agents, when authorized by the Department, may inspect all
				cattle and any premises where cattle are kept within Massachusetts for
				compliance with
				330 CMR
				4.00.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 4.00 - Cattle › Section 4.04 - Importation of Cattle into the Commonwealth of Massachusetts

Current through Register 1525, July 5, 2024
Except when eligible for an exemption described in 330 CMR
				4.04(7), anyone bringing cattle into the Commonwealth of Massachusetts must
				meet the requirements in 330 CMR 4.04(1) through (6):
(1)
Notice
. Notify
			 the Department in advance of the approximate number of cattle, each animal's
			 origin, and the date that the cattle will arrive in the Commonwealth of
			 Massachusetts.
(2)
Health Certificate
. Ensure that the cattle are
			 accompanied throughout transport by the shipping copy of a Valid Health
			 Certificate, and ensure that an official copy of the Valid Health Certificate
			 is forwarded to the Department promptly following approval by the Chief
			 Livestock Health Official in the state of origin.
(3)
Transport
. In
			 order to meet the import requirements of 330 CMR 4.04, cattle may not be
			 transported in any vehicle containing cattle that do not meet these
			 requirements.
(4)
Quarantine
. All cattle coming into the Commonwealth of
			 Massachusetts without meeting the requirements in 330 CMR 4.04(1) through (3)
			 are hereby declared to be quarantined and must be held at the risk and expense
			 of the owner until released in writing by the Department.
(5)
Testing of Cattle Imported in
			 Violation of Health Certificate Requirements
. Any animal brought
			 into the Commonwealth of Massachusetts which is neither consigned for Immediate
			 Slaughter nor accompanied by the shipping copy of a Valid Health Certificate
			 must be held and tested by a federally-accredited veterinarian at the expense
			 of the animal's owner or possessor. The Department shall determine which tests
			 are required.
(6)
Retesting
. The Department may require any animal to be
			 retested after entry into the Commonwealth of Massachusetts for tuberculosis,
			 brucellosis, and/or any other contagious disease as deemed necessary by the
			 Department.
(7)
Exemptions
. Cattle going to Immediate Slaughter are
			 exempt from the notice, Health Certificate and testing requirements of 330 CMR
			 4.04 if they are accompanied by a USDA waybill and have Official ID or
			 backtags. Cattle intended for exhibition purposes only are exempt from the
			 notice requirements of 330 CMR 4.04.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 4.00 - Cattle › Section 4.05 - Tuberculin Testing of Cattle by the Department

Current through Register 1525, July 5, 2024
(1) Any owner or possessor of cattle may ask
			 the Department in writing to have a tuberculin test applied to his or her
			 herd(s) in accordance with M.G.L. c. 129, § 33. The owner/possessor or his
			 or her agent must give complete information to the Department as to:
(a) all cattle in each herd;
(b) the location of each herd;
(c) the source of each herd member and each
			 purchase date and price;
(d) the
			 name and address of any persons holding claims on any herd or herd members and
			 the amount and nature of the claims; and
(e) whether he or she has ever owned or had
			 an interest in any cattle tested under State supervision and if so, when and
			 where the cattle were tested.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 4.00 - Cattle › Section 4.06 - Management of Tuberculosis Reactors

Current through Register 1525, July 5, 2024
(1)
Reactor Tags
. Whenever an animal reacts to a
			 comparative cervical tuberculin test, the veterinarian who performed the test
			 must attach a metal tag with a serial number and the inscription "Mass.
			 Reactor," or a similar USDA-approved reactor tag, to the animal's external left
			 ear.
(2)
Transport and
			 Disposal
. The reacting animal must not be disposed of in any way
			 or leave the premises where it was tested except for Immediate Slaughter, under
			 the direction of state and federal veterinarians. The reacting animal must be
			 appraised at its market value. Cattle which have reacted to a comparative
			 cervical tuberculin test may not be moved in vehicles of any kind containing
			 any other cattle unless all the animals are for Immediate Slaughter.
(3)
Cleaning, Disinfection and
			 Repair
. All vehicles in which comparative cervical reacting cattle
			 have been moved must be thoroughly cleaned and disinfected immediately after
			 use. At a minimum, all bedding and manure must be removed, and the entire
			 vehicle interior must be saturated with an approved disinfectant. Immediately
			 after removal of a comparative cervical reactor from any premises, the owner
			 must thoroughly clean and disinfect the premises and make any needed repairs.
			 The Department may supervise any of these activities at its discretion. The
			 owner must provide and pay for all materials used and the labor employed and
			 ensure that all Department requirements for the cleaning, disinfection and
			 repair of vehicles and premises are met.
(4)
Acquisition of New
			 Cattle
. An owner who has had a bovine animal tested under
			 330 CMR
			 4.00 may only acquire cattle from USDA accredited-free
			 herds or states, and must identify these animals to the Department when they
			 are acquired.
(5)
Compensation Claims
. If compensation will be claimed
			 under MGL c. 129, § 33, slaughter must occur within 30 days of the date of
			 appraisal. An owner of cattle seeking such compensation must affirm, on forms
			 prescribed by the Department, the amount of money received from the sale or
			 disposal of the reacting cattle, and any other information the Department
			 requires. An owner claiming compensation under MGL c. 129, § 33 is
			 entitled to payment for animals which reacted to a Comparative Cervical Test.
			 Compensation for reactors to any subsequent tests or retests will be denied
			 unless these reactors are identified as having been either in the herd at the
			 time of the previous test, born into the herd since the time of the previous
			 test, or were admitted into the herd pursuant to
			 330 CMR
			 4.00.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 4.00 - Cattle › Section 4.07 - Promulgation

Current through Register 1525, July 5, 2024
The Inspector of Animals in each city and town in the
				Commonwealth of Massachusetts must file a copy of
				330 CMR
				4.00 with the City or Town Clerk, and post a copy in a
				conspicuous place in the city or town.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 5.00 - Poultry › Section 5.01 - Definitions

Current through Register 1525, July 5, 2024
Check
. An individual egg that has a
				broken shell or crack in the shell but with its shell membranes intact and its
				contents do not leak.
Chicks
. Poultry up to 16 weeks of age.
Custom Hatching
. Hatching eggs
				produced by another Person.
Department
. Massachusetts Department
				of Agricultural Resources.
Edible Egg
. Not an inedible
				egg.
Flock
. All the Poultry at one farm,
				except at the discretion of the Department, any group which is segregated from
				another group and has been so segregated for a period of at least 21 days may
				be considered as a separate flock.
Inedible Egg
. Eggs of the following
				descriptions are black rots, yellow rots, white rots, mixed rots (addled eggs),
				sour eggs, eggs with green whites, eggs with stuck yolks, moldy eggs, musty
				eggs, eggs showing blood rings, eggs containing embryo Chicks (at or beyond the
				blood ring state), and any eggs that are adulterated as such term is defined
				pursuant to the Federal Food, Drug, and Cosmetic Act.
Leaker
. An individual egg that has a
				crack or break in the shell and shell membranes to the extent that the egg
				contents are exuding or free to exude through the shell.
Loss
. An egg that is inedible, cooked,
				frozen, contaminated, or containing bloody whites, large blood spots, large
				unsightly meat spots, or other foreign material.
Person
. Any individual, corporation,
				partnership, association or other business organization.
Poultry
. Shall include all
				domesticated birds, including but not limited to, chickens, turkeys, guineas,
				exotic and game birds.
Stain
. An individual egg that has an
				unbroken shell with adhering dirt or foreign material, prominent stains, or
				moderate stains covering more than 
				1 / 32 of the
				shell surface if localized, or 
				1 / 16 of the
				shell surface if scattered.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 5.00 - Poultry › Section 5.02 - Pullorum-typhoid

Current through Register 1525, July 5, 2024
(1)
Requirement
. No
			 Person shall buy, sell or transport within or import into the Commonwealth of
			 Massachusetts hatching eggs or live Poultry unless:
(a) documentation accompanies the hatching
			 eggs showing they are the produce of flocks which meet the minimum requirements
			 for "Pullorum-typhoid Passed" or "Pullorum-typhoid Clean";
(b) documentation accompanies the live
			 Poultry showing they meet or are the first generation of progeny of flocks
			 which meet, the minimum requirements for "Pullorum-typhoid Passed" or
			 "Pullorum-typhoid Clean";
(c) the
			 poultry is bought, sold, transported or imported for immediate slaughter;
			 or
(d) the poultry is transported
			 or imported for exhibition purposes subject to a permit granted by the
			 Department.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 5.00 - Poultry › Section 5.03 - Quality Grades for Eggs Sold

Current through Register 1525, July 5, 2024
(1)
Requirements
(a) All
			 eggs for sale at retail in the Commonwealth of Massachusetts shall be grade AA,
			 A, B, or not graded and shall be in containers so marked or branded, with
			 letters not less than three-eighths of an inch in height.
(b) Any edible egg not conforming to Grades
			 AA, A or B may only be:
1. Sold as a Check or
			 Stain for further processing; or
2.
			 Sold at the site-of-production directly from the producer to the household
			 consumer.
(c) No Person
			 shall advertise any eggs for sale at retail at a stated price unless the
			 advertisement includes the grade of the eggs.
(d) No Person shall offer or display eggs for
			 sale in bulk unless a sign is exhibited among or closely adjacent to the eggs
			 stating the grade of the eggs.
(e)
			 No Person shall sell any eggs to a retailer unless upon delivery, an invoice
			 identifying the seller, buyer, grade and size of the eggs is provided to the
			 retailer.
(f) No Person shall sell
			 any Check, Stain, inedible egg, Loss or Leaker as "not graded."
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 5.00 - Poultry › Section 5.04 - Dealing in and Transporting Poultry

Current through Register 1525, July 5, 2024
(1)
License Required
.
(a)
			 No Person shall engage regularly in the business of buying, selling or
			 transporting Poultry unless licensed by the Department.
(b) Any Person desiring to apply for a
			 Livestock Dealer-transporter license shall submit, on a form provided by the
			 Department, an application and the appropriate fee.
(c) Upon receipt of a completed application
			 for a license, the Department shall inspect the applicant's vehicles and
			 equipment. If the Department finds the vehicles and equipment in compliance
			 with 330 CMR 5.04(2)(a) through (d), the Department may issue a Livestock
			 Dealer-transporter license.
(d) All
			 Livestock Dealer-transporter licensees will be issued a metal license plate by
			 the Department. The license plate must be attached to the side of the vehicle
			 to the left of the driver. The license plate will be valid for the term of the
			 Livestock Dealer-transporter license. If the license is revoked at any time,
			 the license plate must be returned to the Department.
(e) Livestock Dealer-transporter licenses for
			 Poultry shall expire on December 31st following the
			 date of issuance.
(f) The
			 Department may revoke or suspend a license after a full and fair hearing and
			 upon finding that the licensee has:
1.
			 Violated any provision of
			 330 CMR
			 5.00;
2.
			 Made a material misstatement on the application for a license; or
3. Violated a quarantine order issued by the
			 Department.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 6.00 - Seeds, Apples,and Potatoes › Section 6.01 - Purpose

Current through Register 1525, July 5, 2024
330 CMR
				6.00 is intended to supplement the requirements of
				M.G.L. c. 94, §§ 101 through 109, 117G through 117L and M.G.L. c.
				128, §§ 84 through 101.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 6.00 - Seeds, Apples,and Potatoes › Section 6.02 - Definitions

Current through Register 1525, July 5, 2024
Department
, Department of Agricultural
				Resources.
Hermetically-sealed
. Meeting the
				requirements established by the United States Department of Agriculture at 7
				CFR § 201c (a) through (e).
Mulch
. A protective covering of any
				suitable substance placed with seed which acts to retain sufficient moisture to
				support seed germination and sustain early seedling growth and aid in the
				prevention of the evaporation of soil moisture, the control of weeds and the
				prevention of erosion.
Person
. Any individual, corporation,
				partnership, association or other business organization.
Code of Massachusetts Regulations › 330 CMR - DEPARTMENT OF AGRICULTURAL RESOURCES › Title 330 CMR 6.00 - Seeds, Apples,and Potatoes › Section 6.03 - Requirements for Seeds Sold or Offered for Sale within the Commonwealth of Massachusetts

Current through Register 1525, July 5, 2024
(1)
Seed
			 Germination Standards
.
(a) The
			 germination standards for vegetable seeds are identified in a publication
			 available from the Department and entitled,
Massachusetts Germination
			 Standards for Vegetable Seeds.
(b) The germination standards for flower
			 seeds are identified in a publication available from the Department and
			 entitled,
Massachusetts Germination Standards for Flower
			 Seeds.