Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 2 of chapter 130 of the General Laws is hereby amended by striking out the third paragraph, as appearing in the 1984 Official Edition, and inserting in place thereof the following paragraph:-

Whoever violates any provision of this chapter shall, unless otherwise provided, be punished by a fine of not less than ten nor more than five thousand dollars, or by imprisonment for not more than one year, or both.

SECTION 2. The first paragraph of section 75 of said chapter 130, as so appearing, is hereby amended by inserting after the second sentence the following two sentences:- In order to assure full compliance with said conditions and regulations, the director shall require a bond to be obtained by a master digger in a sum not to exceed one thousand dollars for a master digger whose record includes no prior judicial or administrative convictions related to this chapter; not to exceed twenty-five hundred dollars for a master digger whose record includes one prior judicial or administrative conviction, related to this chapter; and, not to exceed five thousand dollars for a master digger whose record includes two or more prior judicial or administrative convictions related to this chapter. The director may require forfeiture of all or part of such bond for any violation of said conditions and regulations.

SECTION 3. Said section 75 of said chapter 130, as so appearing, is hereby further amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

Whoever, without a permit as provided in this section or contrary to the provisions of such permit, digs or takes shellfish for any purpose from any area determined under section seventy-four or section seventy-four A or under corresponding provisions of earlier laws to be contaminated, while such determination is in force, or knowingly transports or causes to be transported or has in his possession shellfish so dug or taken, shall be punished, if the violation occurred between one-half hour before sunrise and one-half hour after the following sunset, by a fine of not less than three hundred nor more than one thousand dollars or three times the value of such shellfish, whichever is greater, or by imprisonment for not more than two years in a jail or house of correction, or both, and if the violation occurred between one-half hour after sunset and one-half hour before the following sunrise, by a fine of not less than five hundred nor more than two thousand dollars, or three times the value of such shellfish, whichever is greater, or by imprisonment for not more than three years in the state prison, or both. Any licensed wholesaler or retailer found in violation of this section shall be punished by a fine of not less than one hundred nor more than ten thousand dollars or by imprisonment for not more than three years, or both. The superior court shall have jurisdiction in equity to enforce this section and the rules and regulations of the director made hereunder and to restrain the violation thereof. In any prosecution for a violation of this section, the possession by a digger, licensed wholesaler or retail dealer, but not by a common carrier, of shellfish taken in apparent violation of this section shall be prima facie evidence of a violation thereof.

SECTION 4. The last paragraph of section 80 of said chapter 130, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Whoever violates any provision of this section shall be punished by a fine of not less than ten nor more than ten thousand dollars or by imprisonment for not more than three years, or both.

SECTION 5. The first paragraph of section 81 of said chapter 130, as so appearing, is hereby amended by inserting after the word "taken", in line 14, the words:- , nor shall any person counterfeit, alter, deface or tamper with any label or tag.

SECTION 6. The second paragraph of said section 81 of said chapter 130, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Whoever violates any provision of this section shall be punished by a fine of not less than one hundred nor more than ten thousand dollars or by imprisonment for not more than three years, or both.

SECTION 7. Section 82 of said chapter 130, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Whoever violates any provision of this section or fails or neglects to furnish the required label or tag or furnishes such a label or tag bearing false or misleading information or counterfeits, alters, defaces, or tampers with any label or tag shall be punished by a fine of not less than one hundred nor more than ten thousand dollars or by imprisonment for not more than three years, or both.