Section 44. Whoever sells, or offers for sale, or has in possession for a period longer than is necessary for immediate measuring, or for any purpose other than legally disposing of same, a lobster measuring in length less than the minimum size prescribed by this section, alive or dead, cooked or uncooked, measured from the rear of the eye socket along a line parallel to the center line of the body shell to the rear end of the body shell, shall be punished for the first offense by a fine of not less than one hundred nor more than five hundred dollars for every such lobster and for a subsequent offense by a fine of not less than five hundred nor more than one thousand dollars for every such lobster or by imprisonment for not less than one nor more than three months or both, and such lobster shall be seized and forfeited, and shall be disposed of by the director to the best interest of the commonwealth.
Beginning on January 1, 1989, the minimum size shall be 31/4 inches. Thereafter, the director may, by regulation approved by the marine fisheries advisory commission, increase the minimum size, and may establish different minimum sizes in separate geographic areas, if he determines that such increases are necessary to achieve compliance with the Atlantic States Marine Fisheries Commission Fisheries Management Plan for American lobster.
If the measurement of any such lobster taken from 1 or the other eye sockets is of the required length, such lobster shall be deemed to be a legal lobster. In all prosecutions under this section, any mutilation of any lobster which affects its measurement as aforesaid shall be prima facie evidence that the lobster was or is less than the required length; provided, however, that the director shall, by regulation approved by the marine fisheries advisory commission, allow the onshore processing in the commonwealth of live lobsters of legal length into shell-on lobster parts and the importation of shell-on lobster parts for processing by wholesale dealers that are licensed by the department of public health under section 77G of chapter 94. Processed shell-on lobster parts may be possessed, sold or offered for sale in the commonwealth by any wholesale dealer, retail dealer or food establishments and such food product may be possessed by a consumer. The processing, possession or sale of shell-on lobster tails pursuant to this section shall be limited to shell-on lobster tails weighing 3 ounces or more. The packaging of processed shell-on lobster parts, including tails, pursuant to this section as a food product shall be labeled in accordance with applicable federal and state laws and regulations. This section shall not apply to common carriers having lobster in possession for the purpose of transportation.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XIX - Agriculture and Conservation
Chapter 130 - Marine Fish and Fisheries
Section 1 - Definitions; Rules of Construction
Section 1a - Division of Marine Fisheries
Section 1b - Marine Fisheries Advisory Commission
Section 3 - Duplicate License, Permit, or Certificate
Section 4a - Administrative Inspections
Section 5 - Jurisdictional Boundaries
Section 8a - Powers of Police Officers
Section 9 - Searches, Seizures and Arrests Without Warrant
Section 10 - Issuance of Search Warrant
Section 12 - Seizure and Forfeiture of Fish Unlawfully Taken, Boats and Apparatus; Sale; Proceeds
Section 13 - Display of Fish Upon Demand; Violations
Section 14 - Limitation of Actions and Prosecutions
Section 15a - Reciprocal Enforcement of Laws Relating to Marine Fisheries
Section 16 - Occupation of Tide Waters or Work Done Therein Subject to Chapter 91
Section 17 - Powers of Director
Section 17a - Management of Marine Fisheries
Section 17b - Aquacultural Enterprises; Permits
Section 17d - Penalties for Violation of Sec. 17c
Section 18 - Illegal Entry on Property Maintained for Experiments, Protection or Propagation of Fish
Section 20a - Propagation of Shellfish; Co-Operation With Coastal Cities and Towns
Section 24 - Violation of Sec. 23; Tort Liability
Section 26 - Jurisdiction and Proceedings to Enforce Secs. 23 to 25
Section 29 - Construction of Weir, Pound Net or Fish Trap
Section 30 - Marking of Weir, Pound Net or Fish Trap With Number of Approval
Section 31 - Destruction or Injury to Weir, Pound Net or Fish Trap
Section 32 - Fishing Gear Swept Ashore by Natural Causes; Recovery
Section 33 - Reports of Owners of Boats and Fishing Gear; Marking of Fish Cars
Section 36 - Closing Portions of Streams Flowing Into Coastal Waters During Spawning Season
Section 37 - Lobsters and Crabs; Licenses
Section 38 - Licenses; Application; Fee; Eligibility; Markings of Buoys; Exhibition of License
Section 38a - Display of License Number and Buoy Colors
Section 38b - Commercial Licenses; Catch Data; Transfers
Section 39 - Hours for Tending, Lifting or Drawing Lobster or Crab Pots or Traps
Section 41 - Taking or Selling Female Lobsters Bearing Eggs
Section 41a - Taking of Female Egg-Bearing Lobsters While Fishing or Landing
Section 42 - Plants for Propagation of Lobsters; Establishment and Maintenance
Section 44a - V–notched Lobster
Section 44b - Limits on Sales of Lobsters Taken by Methods Other Than Pots or Traps
Section 47 - Marking Barrels, Boxes or Containers of Lobsters or Lobster Meat
Section 48 - Disposal of Lobsters or Lobster Meat Seized in Unmarked Containers
Section 49 - Liability of Carrier of Unmarked Containers of Lobsters or Lobster Meat
Section 50 - Forfeiture or Liberation of Seized Lobsters or Lobster Meat
Section 51 - Sale of Native Lobsters; Representations for Purposes of Sale
Section 51a - Sale of Crabmeat; Representations for Purposes of Sale
Section 52 - Taking of Eels, Shellfish and Sea Worms; Areas in Which Commercial Taking Prohibited
Section 53 - Form of Permits; Record of Issuance
Section 55 - Aliens; Shellfish Taken for Commercial Purposes; Permits
Section 56 - Joint Control by Municipalities of Marine Fisheries
Section 57 - Shellfish Aquaculture Licenses
Section 58 - Transfer or Renewal of Licenses
Section 59 - Application for License; Request for Survey and Plan
Section 60 - Hearing on Issuance of License; Notice; Publication
Section 61 - Marking of Territory Covered by License; Maintenance of Markings
Section 62 - Records of Licensed Areas, Licenses Granted, Transfers and Renewals
Section 63 - Exclusive Rights of Licensees or Transferees; Trespass on Licensed Area; Treble Damages
Section 64 - Annual Fee for License
Section 66 - Destruction or Removal of Marks or Bounds; Double Damages
Section 67 - Taking or Disturbing Shellfish From Licensed Grounds or Beds Without Consent
Section 69 - Seed Quahaugs, Clams or Oysters; Taking or Possession
Section 70 - Taking and Sale of Scallops; Adult and Seed Scallops; Culling
Section 71 - Close Season on Scallops
Section 72 - Limitation on Catch of Scallops
Section 74 - Determination of Contaminated Areas; Notice of Results
Section 75 - Shellfish From Contaminated Areas, Permits, Purification; Shellfish Conservation
Section 76 - Construction and Operation of Shellfish Purification Plants; Powers of Commissioner
Section 77 - Cost of Operation
Section 81 - Importation of Shellfish for Consumption; Certification; Labeling of Containers
Section 83 - Permit Fees; Types of Permits
Section 95 - Taking Fish From Fisheries Without Permission
Section 96 - Impairment of Private Property Rights; Contracts; Leasing at Public Auction
Section 98 - Shellfish Constables; Appointment; Powers and Duties; Notice of Appointment
Section 100a - Striped Bass; Regulations
Section 100b - Taking Striped Bass; Methods; Traps
Section 100c - Shad; Methods of Taking
Section 100d - Eels; Methods of Taking
Section 101a - Gray Seal; Protection
Section 102 - Marine Plants; Regulation of Taking
Section 104 - Effect on Special Statutes Relating to Fisheries in Particular Places
Section 105 - Protection of Coastal Wetlands
Section 1c - Division of Marine Fisheries Shellfish Advisory Panel