Section 70. No person shall take from the flats or coastal waters of the commonwealth scallops other than adult scallops, or sell or offer for sale or have in possession such scallops. For the purposes of this section an adult scallop shall be a scallop with a well-defined raised annual growth line, and any scallop without such line shall be deemed a ''seed'' scallop. Scallops taken from the coastal waters shall immediately be culled when taken, and all scallops other than adult scallops shall forthwith be returned alive to the coastal waters whence taken; but it shall not be unlawful to sell or have in possession scallops other than adult scallops unavoidably left in the catch after it has been culled, to the amount of not more than five per cent of the total catch remaining. All scallops taken in accordance with this section shall be taken ashore in the shell. This and section seventy-one shall not apply to seed and adult scallops carried by storm or tide from the natural beds and deposited on beaches and flats where, in the opinion of the director, they cannot survive, but the taking of said seed scallops and the taking and sale of said adult scallops may be authorized by him at any season of the year. The director shall promulgate rules and regulations governing the taking and sale of said seed and adult scallops by special permits, which he is empowered to issue without fee, or otherwise so as to prevent the sale of seed scallops at any time, or the sale of adult scallops between April first and the following October first, except as authorized herein.
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