Mass. Gen. Laws ch. 130 § 2

Current through Chapters 1 to 249 and Chapters 253 to 255 of the 2024 Legislative Session

Section 130:2 - Transferability of licenses, permits and certificates of registration; suspension or voidance for violation of marine laws; surrender; impounding fishing gear

Licenses, permits and certificates of registration issued by the director or his agent shall not, except as otherwise provided in this chapter, be transferable and shall be produced for examination upon demand of any authorized person.

Notwithstanding the foregoing, the division may promulgate regulations to permit the transfer of fishing licenses held in a limited entry fishery, so-called. Any transfer of a license, permit or certificate of registration permitted pursuant to this chapter shall be subject to chapter 30A.

Unless otherwise specifically provided by law or regulations promulgated by the division, every license, permit or certificate issued under any provision of this chapter or any other provision of law relating to marine fish and fisheries or of any rule or regulation made under authority thereof, held by any person convicted of a violation of any of the laws relating to marine fish and fisheries or any rule or regulation made under authority thereof by a court of competent jurisdiction, or any person who pleads nolo contendere or admits to sufficient facts in a court of competent jurisdiction to an allegation of a violation of any such law, rule or regulation, may be suspended and inoperative for one month for the first offense, three months for the second offense, and for one year for any subsequent offense. All suspended or void licenses, permits or certificates shall be surrendered forthwith to any officer authorized to enforce the laws relating to marine fish and fisheries. No person whose license, permit or certificate has become suspended or void shall be given a new license, permit or certificate under authority of any provision of law relating to marine fish and fisheries during the period of suspension, and any license, permit or certificate so issued shall also be void and shall be surrendered forthwith on demand of any officer authorized to enforce the laws relating to marine fish and fisheries. No fee received for a license, permit or certificate suspended or made void under this section shall be refunded. All traps, trawls, pots, buoys, lines, boats or other fishing gear used in violation of the laws relating to lobsters may be impounded by the division of law enforcement for a period of not less than thirty days nor more than one year from and after the date on which the owner, lessee or person in possession of such traps, trawls, pots, buoys, lines, boats or other fishing gear is convicted of such violation.

Whoever violates this chapter shall, unless otherwise provided, be:

(i) punished by a fine of not less than $400 but not more than $10,000 or by imprisonment in the house of correction for not more than 2 1/2 years or by both such fine and imprisonment; or

(ii) liable for a civil penalty not to exceed $10,000 for each violation. Such civil penalty may be assessed in an action brought on behalf of the commonwealth in the superior or district court.

Any penalty imposed under this section shall be in addition to the suspension or revocation of licenses, permits or certificates as authorized by this section, and to any forfeiture proceedings authorized under this chapter.

Mass. Gen. Laws ch. 130, § 2

Amended by Acts 2018, c. 209,§ 25, eff. 11/7/2018.

Amended by Acts 2014, c. 408,§ 1, eff. 3/19/2015.