Massachusetts General Laws
Chapter 130 - Marine Fish and Fisheries
Section 73 - Granting Modification in Respect to Close Season and Number of Scallops That May Be Taken; Petition; Investigation

Section 73. The provisions of sections seventy-one and seventy-two in respect to the open and close season, and in respect to the number of scallops that may be taken, may be temporarily modified if, on petition of the aldermen, city council or selectmen to the director, the director after investigation, determines that, owing to unusual circumstances, such modification is expedient. In that case, he may authorize, for a prescribed period, the aldermen, city council or selectmen to issue permits to inhabitants of their respective cities or towns to take scallops in such quantities and at such times as he deems expedient.

Structure Massachusetts General Laws

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 2 - Transferability of Licenses, Permits and Certificates of Registration; Suspension or Voidance for Violation of Marine Laws; Surrender; Impounding Fishing Gear

Section 3 - Duplicate License, Permit, or Certificate

Section 4 - Record of Licenses, Permits or Certificates; Inspection; Endorsement of Date of Sale on License, Permits and Certificates

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 17c - Recreational Saltwater Fishing Permit Program; Finfishing; For-Hire Fishing; Categories; Marine Recreational Fisheries Development Panel

Section 17d - Penalties for Violation of Sec. 17c

Section 18 - Illegal Entry on Property Maintained for Experiments, Protection or Propagation of Fish

Section 19 - Providing Passage for Salt Water Fish Into Fresh Water to Spawn; Refusal or Neglect to Repair or Construct Fishway; Operation and Maintenance of Fishways

Section 20 - Increase in Supply of Shellfish; Co-Operation With Coastal Cities and Towns; Treatment or Purification of Shellfish

Section 20a - Propagation of Shellfish; Co-Operation With Coastal Cities and Towns

Section 21 - Compilation of Statistical Information Useful to Marine Fish Industries; Confidentiality; False Reports; Refusal or Failure

Section 23 - Discharge of Oil or Other Poisonous Substances Into Coastal Waters; Use of Explosives; Penalty

Section 24 - Violation of Sec. 23; Tort Liability

Section 25 - Discharge of Sewage or Other Substance Injurious to Public Health Into Coastal Waters; Approved Drainage

Section 26 - Jurisdiction and Proceedings to Enforce Secs. 23 to 25

Section 27 - Criminal and Tort Liability for Discharge of Sewage or Other Substance Injurious to Public Health Into Coastal Waters

Section 28 - Exclusive Right of Ownership and Control of Fish of Riparian Owners of Ponds; Cultivation Rights

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 34 - Catching, Buying and Selling Smelt Between March 15 and June 15; Wholesale or Retail Dealers

Section 35 - Taking Smelt Except by Angling; Inadvertent Taking by Net; Possession of Net, Seine or Trap as Prima Facie Evidence

Section 36 - Closing Portions of Streams Flowing Into Coastal Waters During Spawning Season

Section 37 - Lobsters and Crabs; Licenses

Section 37a - Green Crabs

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 43 - Conditions for Taking or Possession of Egg-Bearing Lobsters; Rearing and Liberating of Young; Disposition of Lobsters

Section 44 - Sale or Possession of Short Lobsters; Mutilation of Short Lobsters; Prima Facie Evidence

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 54 - Cultivation, Propagation and Protection of Shellfish; Appropriations by Cities and Towns; Close Seasons

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 65 - Annual Report of Shellfish Planted, Produced and Marketed; Estimate of Growing Shellfish; Forfeiture for Deficiency

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 68 - Digging, Taking or Carrying Away Shellfish From Licensed Waters, Flats or Creeks at Night

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 73 - Granting Modification in Respect to Close Season and Number of Scallops That May Be Taken; Petition; Investigation

Section 74 - Determination of Contaminated Areas; Notice of Results

Section 74a - Emergency Designation of Contaminated Shellfish Areas; Enforcement; Notice to Local Authorities

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 80 - Commercial Permits and Certificates; Issuance; Transfers; Wholesale Dealer Permit; Regulated Marine Fishery Permit; Rules and Regulations; Cancellation; Revocation; Penalties

Section 81 - Importation of Shellfish for Consumption; Certification; Labeling of Containers

Section 82 - Source of Supply of Shellfish; Tags or Labels; Contents; Record of Markings on Tags or Labels; Inspection

Section 83 - Permit Fees; Types of Permits

Section 92 - Sale of Scallops; Soaked Scallops; Scallops Not in Shell; Marking of Containers; Common Carriers

Section 93 - Opening Ditches or Canals for Fisheries for Propagation of Herring, Alewives and Other Food Fish; Acquisition of Land and Waters; Regulation and Leasing of Fisheries

Section 94 - Petition by City and Town to Control and Regulate Public Fisheries for Alewives; Regulation and Lease of Fisheries

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 106 - Possessing, Selling, Offering for Sale, Trading or Distributing of Shark Fins Prohibited; Exceptions; Penalty for Violation

Section 1c - Division of Marine Fisheries Shellfish Advisory Panel