Massachusetts General Laws
Chapter 130 - Marine Fish and Fisheries
Section 95 - Taking Fish From Fisheries Without Permission

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