reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 12.00 - Protected Species › Section 12.06 - Buoy Line Modifications and Marking for Fixed Gear

Current through Register 1525, July 5, 2024
(1)
Sink Gillnets
.
			 The following regulations apply to commercial fishers fishing sink gillnets
			 within the waters under the jurisdiction of the Commonwealth:
(a)
Weak Link at
			 Buoy
. Commercial fishers shall install a knot-less weak link in
			 the buoy line at the buoy with a breaking strength of 600 pounds.
(b)
Weak Links on Float
			 Rope
. Commercial fishers shall install weak links in the float
			 rope between net panels with a breaking strength of up to 1,100
			 pounds.
(c)
Anchoring
			 System
. Commercial fishers shall anchor the gillnet with an anchor
			 with the holding power of at least 22-pound Danforth anchor.
(d)
Buoy Line
			 Marking
. Commercial fishers shall mark their buoy lines with a
			 12-inch green mark at the top, bottom and midway on the buoy line. Except that
			 if the color of the buoy line is green then it shall be marked with white
			 marks.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 12.00 - Protected Species › Section 12.08 - Conduct Related to Interacting with Right Whales

Current through Register 1525, July 5, 2024
(1)
Harassment and
			 Harm
. It shall be unlawful for any vessel, or operator thereof, to
			 harass or harm any right whale at any time or place.
(2)
Vessel Interactions and
			 Buffer Zones
. It shall be unlawful for any vessel registered in
			 Massachusetts or within the waters under the jurisdiction of the Commonwealth
			 to:
(a) enter into a Buffer Zone created by a
			 surfacing right whale;
(b) approach
			 or intercept a right whale from a Buffer Zone; or
(c) not depart immediately from a Buffer Zone
			 upon the presence of a surfacing right whale.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 12.00 - Protected Species › Section 12.09 - Maps

Current through Register 1525, July 5, 2024
(1)
Gillnet Closure to Protect
			 Right Whales in Cape Cod Bay
.
Click to view
				image
(2)
Massachusetts Restricted Area
.
Click to view
				image
(3)
Cape Cod Bay Vessel Speed Restricted Area
.
Click to view
				image
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 14.00 - Regulation of Aquaculture Products › Section 14.01 - Aquaculture Raised Hybrid Striped Bass

Current through Register 1525, July 5, 2024
(1)
Purpose and Scope
. Aquaculture raised hybrid striped
			 bass (
Morone saxatilis
x
Morone chrysops
)
			 produced for market create a potential outlet for undersized striped bass that
			 could undermine management and enforcement goals. Since aquaculture raised
			 hybrid striped bass are readily shipped and marketed in all parts of the
			 country, regulations governing transport, handling, and sale are most effective
			 if standardized among states. For this reason,
			 322 CMR 14.00 is drafted to
			 be consistant with provisions of Resolution IV adopted by the Atlantic States
			 Marine Fisheries Commission at their 48th annual
			 meeting on October 25, 1989.
(2)
Hybrids
. Whole aquaculture raised striped bass shall
			 have a tag or label affixed to each fish container holding fish in accordance
			 with 322 CMR 14.01(2)
(3)
Fillets
. Fillets from aquaculture raised hybrid
			 striped bass shall have the skin attached.
(4)
Tags and Labels
.
			 All tags and labels affixed to containers of whole aquaculture raised hybrid
			 striped bass and fillets from aquaculture raised hybrid striped bass shall be
			 clearly marked
Hybrid Striped Bass
and provide the following
			 information:
(a) state of origin;
(b) Name and address of shipping and
			 receiving dealers;
(c) permit
			 number of shipping and receiving dealers;
(d) date shipped;
(e) net weight of container.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 14.00 - Regulation of Aquaculture Products › Section 14.02 - Other Aquaculture Raised Finfish

Current through Register 1525, July 5, 2024
(1)
Purpose and Scope
. Since aquaculture raised finfish is
			 readily shipped and marketed throughout the country, regulations governing
			 their transport, handling, and sale are necessary to differentiate the
			 aquaculture raised finfish product from wild caught finfish. To that end 322
			 CMR 14.02, shall apply to all aquaculture raised finfish species that are wild
			 caught and landed in Massachusetts and regulated under 322 CMR.
(2)
Tags and Labels
.
			 All whole aquaculture raised finfish and fillets from aquaculture raised
			 finfish shall be placed in containers affixed with tags or labels that clearly
			 display the following information:
(a) A
			 statement that the product is aquaculture raised;
(b) The common name of the species;
(c) The name, address and permit number of
			 the shipping dealer;
(d) The name,
			 address and permit number of the receiving dealer;
(e) The date the product was shipped;
			 and
(f) The net weight of the
			 container.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 15.00 - Management Of Marine Aquaculture › Section 15.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
The purpose of
				322 CMR 15.00 is to establish
				a procedural and legal framework for marine aquaculture, including the
				possession, propagation, culture, sale and disposition of living marine
				organisms. The scope of this subsection is to regulate the possession,
				transport, and sale of marine organisms for purposes of aquaculture; to
				establish operational guidelines for aquaculture facilities; to establish
				aquaculture license categories and procedures; and to provide a code of conduct
				for responsible marine aquaculture in the territorial waters of Massachusetts .
				It is intended that this regulation will facilitate the development of a viable
				marine aquaculture industry, while protecting wild populations of marine
				organisms and their natural habitat from degradation or introduction of
				invasive aquatic species, parasites or diseases.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 15.00 - Management Of Marine Aquaculture › Section 15.03 - Authorization

Current through Register 1525, July 5, 2024
Unless otherwise provided by M.G.L. c.130 it is unlawful for
				any person to conduct a marine aquaculture operation in or on the coastal
				waters of the Commonwealth or in a land-based marine aquaculture system;
				possess or introduce seed shellfish or undersized regulated species into an
				aquaculture site or system, introduce adult shellfish into an aquaculture site;
				possess, maintain or cultivate marine organisms in any enclosure or system for
				purposes of sale, or sell culture organisms to aquaculture facilities unless in
				possession of an aquaculture permit issued by the Director pursuant to
				322 CMR
				7.01(4).
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 15.00 - Management Of Marine Aquaculture › Section 15.04 - Permits

Current through Register 1525, July 5, 2024
(1) There are a total of four permit classes
			 which authorize systems, according to complexity and environmental risk, and
			 five permit types which authorize various aquaculture operations using these
			 systems. Each aquaculture permit issued pursuant to
			 322 CMR 7.01(4)
			  shall authorize one class and one type each
			 from the following lists:
(a) Permit classes.
(1)
Class 1
.
			 Authorizes the operation of a land-based or vessel-based recirculating system
			 with no discharge to coastal waters.
(2)
Class 2
.
			 Authorizes the operation of a land-based or vessel-based flow-through system,
			 with or without partial recirculation, that withdraws water from a salt water
			 well or coastal waters and discharges to coastal waters.
(3)
Class 3
.
			 Authorizes an open-water system with minimal structures and no
			 feeding.
(4)
Class
			 4
. Authorizes an open-water system with feeding and/or permitted
			 structures.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 15.00 - Management Of Marine Aquaculture › Section 15.05 - Application

Current through Register 1525, July 5, 2024
(1) Each applicant for a new aquaculture
			 permit pursuant to this subsection shall provide the following information on
			 forms provided by the agency:
(a) Class 1
			 system
(1) Detailed site plan
(2) Detailed system layout, including water
			 treatment systems
(3) Detailed
			 operational plan (species, planting density, feeding rates, etc)
(4) Waste disposal plan (including solids,
			 culls, and water)
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 15.00 - Management Of Marine Aquaculture › Section 15.06 - Site Review

Current through Register 1525, July 5, 2024
(1) Applications
			 for open-water aquaculture permits will be reviewed by the Division and
			 cooperating agencies to determine if adverse impacts are likely to occur at the
			 proposed site as a result of the operation of the permit. Topics for evaluation
			 include, but are not limited to the following:
(a) Water quality and hydrology;
(b) Exposure/suitability of proposed
			 structures;
(c) Shellfish habitat
			 and growing area classification;
(d) Benthic habitat conditions;
(e) Submerged aquatic vegetation;
(f) Endangered species/marine
			 mammals;
(g) Competing uses of the
			 area;
(h) Wild fisheries;
(i) Navigation;
(j) Access to site.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 15.00 - Management Of Marine Aquaculture › Section 15.07 - Biological Controls

Current through Register 1525, July 5, 2024
(1) Source of
			 culture animals.
(a) It shall be unlawful to
			 stock Class 2, 3 or 4 aquaculture systems with culture organisms except
			 indigenous species purchased from a Division-licensed hatchery.
(b) It shall be unlawful for any hatchery to
			 sell culture organisms unless a representative sample of annual production has
			 been certified to be disease-free by a qualified marine pathologist.
(c) It shall be unlawful for a new hatchery
			 or a hatchery establishing a new brood stock to begin operation before the
			 source of the brood stock is approved by the Division and a representative
			 sample is certified to be disease-free by a qualified marine
			 pathologist.
(d) Each hatchery must
			 state how the question of genetic diversity will be addressed to help ensure
			 the viability of culture organisms produced.
(e) A Class 1 facility with appropriate
			 controls may culture non-indigenous species from approved sources if authorized
			 in writing by the Director pursuant to an approved operational plan.
(f) The use of genetically-altered organisms
			 may be approved on a case-by-case basis by written authorization of the
			 Director, who shall at a minimum consider the ASMFC plan on Introduction and
			 Transport as well as recommendations of the ICES Working Group on the
			 Application of Genetics in Fisheries and Mariculture.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 15.00 - Management Of Marine Aquaculture › Section 15.08 - Operation

Current through Register 1525, July 5, 2024
(1) Therapeutic and chemical usage.
(a) It shall be unlawful for any aquaculture
			 permit holder to administer drugs or chemicals that have not been approved for
			 use in aquaculture by U.S.F.D.A., U.S.E.P.A. and U.S.D.A. Drugs or antibiotics
			 may only be used if specifically listed in the conditions of the NPDES Permit
			 and applied in a manner consistent with those conditions, under the supervision
			 of a veterinarian.
(b) Other
			 chemical treatments, including pesticides must be applied in a manner
			 consistent with product labels and regulations of the Department of
			 Agricultural Resources Pesticide Board so as not to compromise the health of
			 culture organisms, the public or the environment.
(c) This subsection shall not apply to the
			 use of ice or salt in an aquaculture system.
(d) This subsection shall not apply to the
			 treatment of ornamental species in a Class 1 system.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 15.00 - Management Of Marine Aquaculture › Section 15.09 - Monitoring

Current through Register 1525, July 5, 2024
All Class 4 aquaculture operations in which culture organisms
				are fed are required to monitor pre-operation and post-operation environmental
				conditions at the site, using the services of an individual or firm qualified
				to perform this work. Conditions to be monitored and frequency shall be as
				specified in the NPDES Permit, including:
(a)
Dissolved Oxygen
			 Profiles
. Operation of the facility must not degrade the
			 classification of receiving waters by lowering dissolved oxygen saturation to
			 less than 85% of ambient conditions;
(b)
Video Transects of Sea Floor
			 Beneath Pens to Document Potential Degradation of Benthic Habitat
.
			 Signs of degradation shall include changes in sediment composition, azoic or
			 anoxic conditions, outgassing, and growth of bacterial mats;
(c)
Infauna
.
			 Abundance and relative diversity of benthic organisms;
(d) If habitat degradation is determined
			 through monitoring, a corrective plan will be prepared in consultation with the
			 permit holder and EPA. Corrective measures may include improved best management
			 practices or temporary removal of gear.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 15.00 - Management Of Marine Aquaculture › Section 15.10 - Non-Indigenous Species

Current through Register 1525, July 5, 2024
(1) It shall be
			 unlawful for any person to release any living organism into coastal waters of
			 the Commonwealth unless authorized to do so by the Director in writing, except
			 that fish taken pursuant to lawful fishing operations or scientific collection
			 may be released immediately back to the area of capture.
(2) It shall be unlawful for any person to
			 possess, propagate or hold non " indigenous marine organisms for any purpose in
			 any system with an untreated discharge to surface waters. Any facility desiring
			 to hold non-indigenous organisms for any purpose must submit an operational
			 plan detailing measures designed to prevent the escape or release of organisms
			 or the discharge of biological effluents, including eggs, larvae, parasites and
			 diseases into the marine environment, and an acceptable non-polluting plan for
			 the disposal of carcasses and biological wastes.
(a) The Director may issue a Special
			 Scientific Permit to an educational or research institution, or a Class 1
			 Aquaculture Permit to a commercial aquaculture facility, to hold non-indigenous
			 species, provided that an acceptable operational plan to prevent unintentional
			 releases or escapes is submitted with the application.
(b) The Director may issue a Class 1
			 Ornamental Aquaculture permit to an aquarium shop or hatchery that propagates
			 and/or holds non-indigenous marine organisms for the aquarium trade pursuant to
			 an approved operational plan.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 16.00 - Shellfish Sanitation, Harvest, Handling And Management › Section 16.01 - Background and Purpose

Current through Register 1525, July 5, 2024
The National Shellfish Sanitation Program (NSSP) is a program
				under the U.S. Food and Drug Administration (FDA) to promote the sanitary
				control of molluscan shellfish produced, harvested and sold for human
				consumption. The Interstate Shellfish Sanitation Conference (ISSC), comprised
				of representatives of the federal government, the states and industry, reviews,
				revises and updates the NSSP as needed. The NSSP has established a Model
				Ordinance (MO), which is updated on a biannual basis. The MO sets forth
				stringent guidelines addressing the harvest, handling, transportation and sale
				of shellfish to ensure that risks to public health associated with the
				consumption of shellfish are avoided.
To safeguard public health and to allow for shellfish produced,
				harvested and sold for consumption to enter interstate commerce, states must
				manage commercial shellfisheries in a manner that conforms to the NSSP's MO.
				The actions required by the MO include, but are not limited to: establishing
				shellfish growing area classifications and subsequent restrictions on the
				harvest of contaminated shellfish; adopting best practices for the harvest,
				handling and transport of shellfish to minimize the risk of foodborne illness;
				establishing a framework that provides for the expeditious recall of
				nonconforming shellfish product; addressing risks associated with
Vibrio parahaemolyticus
; describing the conditions by which
				contaminated shellfish harvest may be conducted; and managing marine biotoxin
				events.
The Division of Marine Fisheries manages its shellfish
				resources and commercial shellfish fisheries in strict conformity with the
				NSSP's MO. The Division has adopted the provisions of the MO in regulations at
				322 CMR 16.00 to provide notice to the public of the comprehensive requirements
				applicable to the safe management of commercial shellfisheries and give the
				Division, through the Massachusetts Environmental Police, the authority to
				enforce against violations of 322 CMR 16.00. 322 CMR 16.00 also serves to
				safeguard public health, maintains consumer confidence and promotes the state's
				shellfish fisheries.
The Division also manages the states shellfish resources and
				shellfisheries to enhance the propagation of naturally occurring populations,
				reduce the risk of spreading veterinary diseases, protect important fisheries
				habitat (
e.g
., eel grass), and promote commercial
				shellfisheries. To these ends, 322 CMR 16.00 establishes minimum sizes,
				shellfish management areas and related best practices.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 16.00 - Shellfish Sanitation, Harvest, Handling And Management › Section 16.04 - The Sanitary Harvest, Handling and Transportation of Market Bound Shellfish

Current through Register 1525, July 5, 2024
(1)
Purpose
. The
			 purpose of
			 322
			 CMR 16.04 is to set forth the requirements
			 applicable to the sanitary harvest, handling and transportation of shellfish by
			 commercial fishers to prevent the contamination and deterioration of such
			 shellfish and to safeguard public health. The additional requirements that
			 apply to the harvest of oysters during the
Vibrio parahaemolyticus
			 (Vp)
control season are set forth in
			 322
			 CMR 16.07.
(2)
Vessels Used in the Harvest
			 and Transport of Shellstock
.
(a)
			 Vessels used in the harvest and transport of shellstock shall be kept clean and
			 free of debris during the harvest and transport of shellstock.
(b) Vessels used in the harvest and transport
			 of shellstock shall have a sanitation device secured onboard the vessel in a
			 manner that prevents the contamination of shellstock. The sanitation device
			 shall be constructed of impervious, cleanable materials and have a tight
			 fitting lid. The sanitation device shall be indelibly marked in a contrasting
			 color "HUMAN WASTE" in letters that are at least three inches in
			 height.
(c) No dogs, cats and other
			 pets shall be onboard the vessel while harvesting or transporting market bound
			 shellstock.
(d) Shellstock shall be
			 stored onboard the vessel in raised areas to prevent contact with bilge water,
			 fuel, oil or other chemicals and covered to prevent exposure to hot sun and
			 birds.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 16.00 - Shellfish Sanitation, Harvest, Handling And Management › Section 16.05 - Tagging of Shellfish

Current through Register 1525, July 5, 2024
(1)
Requirements to Tag Containers of Market Bound
			 Shellfish
. All commercial fisher harvesting shellfish for
			 commercial purposes shall affix a tag with the features and information
			 specified at 322 CMR §16.05(1)(a). to each container of shellfish prior to
			 landing.
(a)
Tag Features and
			 Required Information
. The tag shall be comprised of durable and
			 waterproof material and at least 13.8 square inches in size and at least 2e
			 inches in height by 5¼ inches in width. The tag shall contain, in order
			 specified, the following information written in indelible ink:
1. The full name of the harvester;
2. The commercial shellfish permit
			 identification number assigned by the Division;
3. The date and time of harvest;
4. The type of shellfish harvested;
5. The quantity of shellfish
			 harvested;
6. The initials of the
			 state of harvest;
7. The most
			 specific alpha-numeric sequence, including any decimals, that describes the
			 shellfish growing area name and number from where the shellfish was
			 harvested;
8. The licensed
			 shellfish aquaculture grant site number, if applicable; and
9. The following statement in bold and
			 capitalized letters:
"THIS TAG IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY
				OR IS RETAGGED AND THEREAFTER KEPT ON FILE FOR 90 DAYS."
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 16.00 - Shellfish Sanitation, Harvest, Handling And Management › Section 16.09 - Possession of Shellfish from Areas Closed to Commercial Harvesting

Current through Register 1525, July 5, 2024
(1)
Purpose
.
			 Shellfish management in Massachusetts is a cooperative effort between state and
			 municipal government. The purpose of 322 CMR 16.09 is to ensure uniform
			 compliance with state and local shellfish regulations and enhance shellfish
			 populations by prohibiting commercial fishermen and dealers from harvesting or
			 accepting any shellfish from an area that is not open for commercial harvest by
			 the Division or the municipality that regulates commercial harvest in its
			 waters pursuant to M.G.L. c. 130, § 52.
(2)
Prohibitions
. It
			 shall be unlawful for:
(a) Commercial
			 fisherman to harvest, attempt to harvest, sell, or attempt to sell any
			 shellfish from any growing area, or part thereof, that is not open to
			 commercial harvest by the Division or the municipality that regulates
			 commercial harvest in its waters pursuant to M.G.L. c. 130, §
			 52.
(b) A dealer to accept or
			 attempt to accept from any person shellfish that was taken from a shellfish
			 growing area, or part thereof, that is not open to commercial harvest by the
			 Division or the municipality that regulates commercial harvest in its waters
			 pursuant to M.G.L. c. 130, § 52.
Code of Massachusetts Regulations › 322 CMR - Division of Marine Fisheries › Title 322 CMR 16.00 - Shellfish Sanitation, Harvest, Handling And Management › Section 16.11 - Authority to Suspend Permits for Violations of 322 CMR 16.00

Current through Register 1525, July 5, 2024
(1) Subject to the procedures in 322 CMR
			 16.11(2)(b), the Director may suspend without a prior hearing the permit of a
			 commercial fisherman, or a wholesale dealer whenever an officer authorized to
			 investigate and enforce shellfish laws and regulations of the Commonwealth
			 determines that there is reasonable cause for citing such permit holder for a
			 violation of 322 CMR 16.00.
(2)
			 Such permit suspension shall not be effective until the permit holder is in
			 receipt of following information.
(a) The
			 written report from the officer that sets forth the factual and regulatory
			 basis for the officer's determination that there is reasonable cause for citing
			 such permit holder for a violation of 322 CMR 16.00.
(b) Written notice of the Division's
			 authority under M.G.L. c. 130, § 80, and 322 CMR 16.10 to suspend the
			 permit and a statement of the basis for such suspension, with reference to the
			 enforcement officer's written report.
(c) An order to show cause from the Director
			 or his or her authorized designee that establishes a timely date and location
			 for an adjudicatory proceeding to be conducted pursuant to M.G.L. c. 30A, and
			 801 CMR 1.01:
Formal Rules
to adjudicate whether the permit should be
			 revoked. The Division's order shall also inform the permit holder of his or her
			 right to request an expedited hearing.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 1.00 - Motorboat Titling › Section 1.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
The purpose and scope of 323 CMR 1.00 is to serve the public by creating a system of motorboat titling designed to facilitate the accurate and lawful transfer of motorboat ownership, to discourage wrongful transfer and theft, and to enhance the enforcement capabilities of the commonwealth.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 1.00 - Motorboat Titling › Section 1.02 - Definitions

Current through Register 1525, July 5, 2024
Dealer
. A person, firm, corporation or entity engaged in the business of buying, selling, or exchanging titled motorboats.
Division
. The Division of Law Enforcement within the Department of Fisheries, Wildlife & Environmental Law Enforcement.
Manufacturer
. Any person, firm, corporation or entity engaged in the business of manufacturing new titled motorboats for the purpose of sale or trade.
New
. Used to describe a titled motorboat after its manufacture and prior to its sale or transfer to a person not a manufacturer or dealer.
Titled Motorboat
. Any vessel of 14 feet or greater in length propelled or designed to be propelled by machinery whether or not such machinery is permanently or temporarily affixed or is the principal source of propulsion, but not a vessel which has a valid marine document issued by the Bureau of Customs or the United States government or any federal agency successor thereto.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 1.00 - Motorboat Titling › Section 1.03 - Certificate Required as Evidence of Ownership

Current through Register 1525, July 5, 2024
(1) Except as provided by 323 CMR 1.06, the ownership of a titled motorboat shall be evidenced by a certificate of title issued by the division, unless the motorboat is new.
(2) The ownership of a new titled motorboat shall be evidenced by a manufacturer's or an importer's certificate on a form prescribed by the division.
(3) Except as provided by 323 CMR 1.06, a certificate of title shall be required as proof of ownership of a titled motorboat on an application for registration unless exempted by 323 CMR 1.06.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 1.00 - Motorboat Titling › Section 1.04 - Transfers of Titled Motor boats

Current through Register 1525, July 5, 2024
(1) No person may sell, assign, transfer, or otherwise dispose of an interest in a titled motorboat without:
(a) delivering to the transferee a certificate of title in the name of the transferor properly endorsed to show the transfer, or
(b) if the transferee is not a manufacturer or dealer and the titled motorboat is new, delivering to the division a manufacturer's or importer's certification showing the endorsement of the manufacturer and all intervening owners; or
(c) if the transferee is a manufacturer or dealer and the titled motorboat is new, delivering to the transferee a manufacturer's or importer's certificate showing the endorsement of the manufacturer and all intervening owners, or
(d) if the titled motorboat is not covered by a certificate of title or manufacturer's or importer's certificate, delivering to the division sufficient evidence of title and other information so that a certificate of title will be issued.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 1.00 - Motorboat Titling › Section 1.05 - Application for a Certificate of Title

Current through Register 1525, July 5, 2024
(1)
Purchaser, Manufacturer or Dealer.
(a) The purchaser of a titled motorboat shall apply to the division for a new certificate of title not later than 20 days after the date of sale.
(b) A manufacturer or dealer who sells a titled motorboat to a person other than a manufacturer or a dealer shall apply to the division for a certificate of title for the titled motorboat in the name of the purchaser not later than 20 days after the date of sale.
(c) A dealer who acquires a titled motorboat, other than a new motorboat, is not required to apply for a certificate of title in the name of the dealer, but on resale of the titled motorboat shall apply in the name of the subsequent purchaser pursuant to 323 CMR 1.05(1) (b) and shall submit to the division the endorsed certification of title acquired by the dealer thereby.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 1.00 - Motorboat Titling › Section 1.06 - Exemptions; Special Rules

Current through Register 1525, July 5, 2024
(1) The provisions of 323 CMR 1.00 through 1.05, 1.07 do not apply to the following vessels:
(a) nonmotor-powered vessels less than 14 feet in length;
(b) vessels owned by the United States;
(c) vessels having a valid marine document issued by the Bureau of Customs or its successor;
(d) vessels used solely for demonstration, testing or sales promotional purposes by a bona fide dealer or manufacturer;
(e) vessels owned by the state or its political subdivisions;
(f) vessels bearing numbers awarded pursuant to federal law or the law of another state so long as such vessels are not operated in the waters of the commonwealth in excess of 60 consecutive days.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 1.00 - Motorboat Titling › Section 1.07 - Prohibitions and Penalties

Current through Register 1525, July 5, 2024
(1) No person shall possess or sell a titled motorboat without an original title or a legally transferred title. Persons in violation of this subsection shall be fined $100 for the first offense. For any subsequent offense, the offender shall be fined an amount not less than $250 but not more than $500.
(2) No person shall falsify a motorboat title or sell a titled motorboat with a falsified title. Persons in violation of this section shall be fined $500 for the first offense. For any subsequent offense, the offender shall be fined an amount not less than $1,000 but not more than $2,000.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 2.00 - The Use Of Vessels › Section 2.01 - Purpose

Current through Register 1525, July 5, 2024
323 CMR 2.00 is intended to promote the protection of public safety and welfare by encouraging voluntary compliance and by deterring and penalizing noncompliance with statutes and regulations concerning boating. The purpose is to enhance the Division of Law Enforcement's ability to efficiently and effectively improve the safe use of motorboats and all vessels, and to effectively administer its programs and accomplish its statutory mandates.
323 CMR 2.00 should be read together with M.G.L. c. 90B which has many important substantive requirements not repeated in 323 CMR 3.00.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 2.00 - The Use Of Vessels › Section 2.02 - Definitions and Interpretation

Current through Register 1525, July 5, 2024
CFR
means: Code of Federal Regulations.
Dealer
means: A person, firm, corporation or entity engaged in the business of buying, selling, or exchanging vessels at an established or permanent place of business in the Commonwealth and that at each such place maintains a sign conspicuously displayed showing the name of the dealership and indicating that vessels may be purchased at such place so that it may be located and identified as a vessel dealer by the public.
Headway speed
means the minimum speed at which a vessel may be operated and maintain steerage way, but not to exceed six miles per hour.
Length of a motorboat
means: the extreme fore-and-aft measurement in feet and inches over the deck in a straight line parallel to the keel center line from the foremost to the after most part of the vessel, excluding sheer, bowsprits, booms, rudders, outboard motor brackets and similar fittings or attachments.
Motorboat
for purposes of M.G.L. c. 90 B, §§ 4 B, 5, 6, 7, 8, 9, 11, 12 and 12 A and regulations thereunder means: Any vessel propelled by machinery whether or not such machinery is the principal source of propulsion and shall include a pleasure vessel which has a valid marine document issued by the United States Bureau of Customs or any federal agency successor thereto. For purposes of M.G.L. c. 90 B, §§2, 3, 4, and 4 A and regulations thereunder "motorboat" means any vessel propelled by machinery whether or not such machinery is the principal source of propulsion but not a vessel which has a valid marine document issued by the United State Bureau of Customs or any federal agency successor thereto.
Nighttime
means: that period of time from sunset to sunrise as determined by the chart set forth in 323 CMR 2.00, Appendix 1.
Similar device
when used in connection with the words "water skis" and "surfboard" in M.G.L. c. 90 B, § 8, means: any object used in the to wing of a person or persons by a motorboat whether the person or persons ride on the device or hold onto it.
References herein to any state or federal law shall apply to any such law as amended from time to time.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 2.00 - The Use Of Vessels › Section 2.03 - Vessel Identification

Current through Register 1525, July 5, 2024
(1)
Number
. The first part of the number shall be an
			 abbreviation in capital letters of the Commonwealth of Massachusetts "MS". The
			 remainder of the boat number shall consist of not more than four arabic
			 numerals and not more than two capital letters, in sequence, separated by a
			 hyphen or equivalent. Since the letters "I", "O" and "Q" may be mistaken for
			 arabic numerals, all letter sequences using "I", "O" and "Q" shall be omitted.
			 The bow number shall be spaced: MS 9999 ZZ. Objectionable words formed by the
			 use of two or three letters may not be used.
(2)
Limit
. There is
			 no limit to the number of boats which may be demonstrated with each
			 demonstration or testing number, pursuant to M.G.L. c. 90B, § 3(b)
			 provided a particular number is displayed on only one vessel at a time. If two
			 or more dealers' or manufacturers' boats are to be demonstrated or tested at
			 the same time, two or more individual dealers' or manufacturers' numbers are
			 required.
(3)
Dealers
. M.G.L. c. 90B, § 3(b) shall not apply to
			 motorboats owned by a dealer or manufacturer and which are being used for
			 purposes other than testing or demonstrating. Said motorboats shall have
			 permanent numbers.
(4)
Decal
. In addition to displaying the identification
			 number of a vessel as required by M.G.L. c. 90B, § 3, the owner of a
			 vessel shall display at the end of such number the then current registration
			 decal of the Division of Law Enforcement on port (left) of the vessel within
			 six inches of the final identification number or letter, as the case may be.
For example MS 9999 ZZ [ ], with the [ ] being the
				decal.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 2.00 - The Use Of Vessels › Section 2.04 - Application

Current through Register 1525, July 5, 2024
(1)
Number
. The
			 application for a number shall include the following:
(a) name, address and zip code of the
			 applicant/owner;
(b) date of birth
			 of the owner;
(c) present permanent
			 residence of the owner;
(d) home
			 port of the motorboat;
(e) present
			 number (if any);
(f) hull material
			 (wood, steel, aluminum, plastic, other);
(g) types of propulsion (outboard, inboard,
			 other);
(h) type of fuel (gas,
			 diesel, other);
(i) length of
			 motorboat;
(j) make and year
			 built;
(k) hull identification
			 number;
(l) statement as to use
			 (Pleasure, Livery, Dealer, Manufacturer, Commercial-Passenger,
			 Commercial-Fishing, Commercial-Other);
(m) certification of ownership; and
(n) signature of the owner signed under the
			 pains and penalties of perjury.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 2.00 - The Use Of Vessels › Section 2.05 - Boating Accidents

Current through Register 1525, July 5, 2024
(1)
Reports
. A written report shall be required whenever any one or more of the following occurs on board of or involving any motorboat:
(a) death of any person from whatever cause;
(b) disappearance of any person from on board under circumstances which suggest the possibility of death or injury;
(c) injury to any person; or
(d) loss or damage to property of any kind, including the motorboat, in an amount equal to or greater than $500.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 2.00 - The Use Of Vessels › Section 2.06 - Equipment

Current through Register 1525, July 5, 2024
(1)
Ventilation - Tanks and Engine Spaces
. All motorboats which use gasoline as fuel shall have at least the ventilation required by 33 CFR 183.
(2)
Mufflers
. A dry exhaust shall be effectively muffled by a muffler of the automotive type or equal. Where a sufficient amount of cooling water is discharged overboard through the exhaust pipe to effectively muffle the engine exhaust noise, it will be considered as adequate to comply with 323 CMR 2.06(2).
(3)
Other Equipment
. Unless otherwise required by federal law or 323 CMR 2.07(13)  motor boats shall be provided with: Anchor, line and manual bailer; on motorboats less than 16 feet in addition to a paddle or oar. Personal watercraft shall be exempt from 323 CMR 2.06(3).
(4)
Visual Distress Signals
. No person shall operate any vessel on the coastal waters (as defined in M.G.L. c. 130, § 1), of the Commonwealth unless visual distress signals are on board of the type and number required by 33 CFR 175.101 through 175.135 for the size and type of vessel, time of day, and the applicable vessel activity.
(a)
Visual Distress Signals Required.
1. No person shall operate a vessel, 16 feet or more in length or any vessel carrying six or less passengers unless visual distress signals (selected from the list below) in the number required are on board. Such devices suitable for day use and devices suitable for night use, must be carried.
2.
Launchers
. When visual distress signals carried to meet these requirements, require a launcher to be activated, then the appropriate U.S. Coast Guard approved launcher must also be carried on board.
3.
Exception
. The following persons need not comply with 323 CMR 2.06(4) (a) 3., however, each must carry on board during the nighttime, visual distress signals suitable for night use (selected from the list below) in the number required:
a. A person competing in any organized marine parade, regatta, race or similar event;
b. A person using a vessel less than 16 feet in length, or
c. A person using a manually propelled vessel or
d. A person using a sailboat of completely open construction, not equipped with propulsion machinery, under 26 feet in length.
4.
Carriage and Serviceability
. No person may operate a vessel unless the visual distress signals required by 323 CMR 2.06(4) (a) 4. are readily accessible and in serviceable condition. If the service life is dated on the signal, it must not have expired.
5.
Marking
. No person may use a vessel unless each visual distress signal required under 323 CMR 2.06(4) (a) 5. is legibly marked with the approval in 46 CFR Parts 160 and 161.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 2.00 - The Use Of Vessels › Section 2.07 - Operation

Current through Register 1525, July 5, 2024
(1)
Distance.
(a) All motorboats must be operated in such a manner and at such a distance to prevent their wash from being thrown into, or causing excessive rocking to other vessels, rafts, or floats.
(b) Waterskiiers shall ski at a safe distance to prevent their wash from being thrown into, or causing excessive rocking to other vessels, rafts, or floats.
(c) Motorboats shall not be operated:
1. within 150 feet of shoreline which is being used as a swimming area, whether public or private, or
2. within 75 feet of the seaward boundary of a public or private swimming beach, if designated by markers, floats or otherwise.
(d)323 CMR 2.07(1) shall apply to motorboats, barges, waterskiers, or other devices being towed by power and the operator of the towing vessel shall be responsible for compliance there with.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 2.00 - The Use Of Vessels › Section 2.08 - Operation by Minors

Current through Register 1525, July 5, 2024
(1)
Safety Certificate
. Any person of at least 12 years of age and less than 16 years of age shall satisfactorily complete a training course in boating safety approved by the National Association of State Boating Law Administrators. Courses approved include those sponsored by the Division of Law Enforcement, boating agencies of other states in the U.S.A., the United States Coast Guard Auxiliary, the United States Power Squadron, or any other entity approved by the Director. Any such person who satisfactorily completes said course will be issued a safety certificate, which shall be in possession when operating a motorboat and available for inspection by empowered law enforcement officers.
(2)
Exception
. The provisions of 323 CMR 2.08(1) shall not apply if the person (minor) who is operating the motorboat is accompanied on-board and directly supervised by a competent person 18 years of age or older.
(3)
Minimum Age
. No person under 12 years of age may operate a motorboat on the waters of the Commonwealth, unless accompanied on board and directly supervised by a competent person 18 years of age or older.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 2.00 - The Use Of Vessels › Section 2.09 - Permits

Current through Register 1525, July 5, 2024
(1)
Events
. A race, regatta, parade, exhibition or practice for a race which is conducted according to a pre-arranged schedule and which by its nature, circumstances or location will introduce extra or unusual hazards to the safety of life or property on the waters of the Commonwealth may not be conducted without either a permit issued by the Director or a Permit for Marine Event issued by the United States Coast Guard.
(2)
Plans
. Any person or organization holding or sponsoring such a race, regatta, parade, exhibition or practice for a race shall submit a detailed plan to the Director of the Division of Law Enforcement, 100 Cambridge Street, Boston, Massachusetts 02202. Such plan shall be submitted not less than 15 days prior to the start of such race, regatta, parade, exhibition or practice for a race.
(3)
Plan Contents
. The detailed plan shall include the following:
(a) name, address and telephone number of the sponsor;
(b) nature and purpose of the event;
(c) information as to general public interest;
(d) estimated number and types of vessels participating in the event;
(e) estimated number and types of spectator vessels;
(f) a time schedule and description of events;
(g) a scale drawing or sketch showing the boundaries of the event and various water courses or areas to be utilized by participants, officials, and spectator vessels; and
(h) the written approval of the local harb or master, or in a municipality without a harb or master the local police chief
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 2.00 - The Use Of Vessels › Section 2.10 - 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. 90 B such person may cause any vessel under the following conditions to be placed in tow, or may contact another vessel to place such vessel in tow:
(a) when the operator of a vessel laying to or underway on the waters of the Commonwealth willfully neglects or refuses to obey the order of a person authorized to enforce M.G.L. c. 90B, §§1 through 19;
(b) when the operator of a vessel laying to or underway is placed under arrest on the waters of the Commonwealth;
(c) whenever a vessel is afloat and unrestrained on the waters of the Commonwealth and is unattended;
(d) whenever the operator of a vessel is operating while under the influence of intoxicating liquor, narcotic drug, barbituate or marijuana;
(e) whenever use of such vessel has been terminated as unsafe; or
(f) whenever a vessel is abandoned on the shores of the waters of the Commonwealth or on
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 2.00 - The Use Of Vessels › Section 2.11 - Penalties

Current through Register 1525, July 5, 2024
(1) For purposes of M.G.L. c. 90B, § 14 any violation of 323 CMR 2.03 shall be deemed a violation of M.G.L. c. 90B, § 3.
(2) For purposes of M.G.L. c. 90B, § 14 any violation of 323 CMR 2.05 shall be deemed a violation of M.G.L. c. 90B, § 9(b).
(3) For purposes of M.G.L. c. 90B, § 14 any violation of 323 CMR 2.06(1), (3) or (4) shall be deemed a violation of M.G.L. c. 90B, § 5 and any violation of 323 CMR 2.06(2)  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 2.07(1), (2), (3), (5), (6), (7), (8)(b), (8)(c), (10), (11), (12), or (13) shall be deemed a violation of M.G.L. c. 90B, § 8(e). For purposes of M.G.L. c. 90B, § 14 any violation of 323 CMR 2.07(4) or (8)(a)  shall be deemed a violation of M.G.L. c. 90B, § 5; and any violation of 323 CMR 2.07(9) or (10) shall be deemed a violation of M.G.L. c. 90B, § 5A. Any violation of 323 CMR 2.07(14)  shall be deemed a violation of M.G.L. c. 90B, § 12A.
(5) For purposes of M.G.L. c. 90B, § 14, any violation of 323 CMR 2.08 shall be deemed a violation of M.G.L. c. 90B, § 5.
(6) Any violation of 323 CMR 2.09 shall be deemed a violation of M.G.L. c. 90B, § 8(e).
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 2.00 - The Use Of Vessels › Section 2.12 - Special Rules

Current through Register 1525, July 5, 2024
(1)
Water Skiing
. Waterskiing is prohibited on the following rivers:
(a) Swift River
(b) Nashua River
(c) Squannacook River
(d) Nissitissit River
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 2.00 - The Use Of Vessels › Section 2.15 - Severability

Current through Register 1525, July 5, 2024
The provisions of
				323 CMR
				2.00 are severable, and if any provision hereof or the
				application thereof to any person or circumstance is held invalid, such
				invalidity shall not affect other provisions hereof or application thereof
				which can be given effect without such invalid provision or application.
Code of Massachusetts Regulations › 323 CMR - DIVISION OF LAW ENFORCEMENT › Title 323 CMR 3.00 - The Use Of Recreation Vehicles And Snow Vehicles › Section 3.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
The purpose and scope of 323 CMR 3.00 is to implement and enforce the provisions of M.G.L. c. 90B, §§ 20 through 35. The purposes of 323 CMR 3.00 are to protect the public welfare and safety, to prevent damage to private and public lands caused by the inappropriate use of snow vehicles and recreation vehicles, to promote voluntary compliance with 323 CMR 3.00, and when necessary to deter noncompliance, through fines and penalties. The Office of Law Enforcement intends to enhance, through 323 CMR 3.00, its ability to facilitate the safe and appropriate use of recreation and snow vehicles.