HOUSE DOCKET, NO. 245        FILED ON: 1/8/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 796

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relative to the conservation of Atlantic striped bass..

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 110A of chapter 130 of the General Laws, as appearing in the 2006 Official Edition, is herby amended by striking the section in its entirety and inserting in place thereof the following sentences:-

Commercial harvesting and sale of wild striped bass shall be prohibited in the commonwealth.  The director, with the approval of the marine fisheries advisory commission, shall adopt rules and regulations relative to the taking or possession of wild striped bass by recreational angling, provided that in no instance shall any rule or regulation authorize the taking or possession of striped bass which are less than 20 inches in length or greater than 26 inches total length but less than 40 inches total length.  It is unlawful to take or possess striped bass unless the fish are whole with head on and are between 20 and 26 inches total length or 40 inches and greater total length. 

It is unlawful to take or possess more than one (1) striped bass each day. 

All aquaculture raised striped bass for sale in the commonwealth shall bear the tag of the grower or distributor of the fish. 

Whoever violates any rules or regulations made pursuant to this section shall be punished by a fine of not less than two hundred dollars for each fish taken or possessed for the first violation, five hundred dollars for each fish taken or possessed for the second violation and for each subsequent violation shall be fined one thousand dollars for each fish taken or possessed or imprisoned not more than sixty days or both.   No part of any fine imposed for the taking or possession of any striped bass in violation of any such regulation shall be remitted.

SECTION 2.  The striped bass quota for commercial fishing provided to the Commonwealth of Massachusetts by the Atlantic States Marine Fisheries Commission shall not be added to recreational fishing quotas.  Said quota shall be set aside for conservation and the Director of the Division of Marine Fisheries shall use his best efforts in working with the Commission to see that the amount of this quota is not given to other states but remains the property of the Commonwealth to be used for conservation of striped bass.