SENATE DOCKET, NO. 1528 FILED ON: 1/20/2017
SENATE . . . . . . . . . . . . . . No. 411
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The Commonwealth of Massachusetts
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PRESENTED BY:
Julian Cyr
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act prohibiting the use of mobile gear in certain waters off the coast of the town of Nantucket.
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PETITION OF:
Name: | District/Address: |
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Julian Cyr | Cape and Islands | 5/3/2017 |
Peter H. Kaizer |
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Dylan Fernandes | Barnstable, Dukes and Nantucket | 1/31/2017 |
SENATE DOCKET, NO. 1528 FILED ON: 1/20/2017
SENATE . . . . . . . . . . . . . . No. 411
By Mr. Cyr, a petition (accompanied by bill, Senate, No. 411) of Julian Cyr, Peter H. Kaizer and Dylan Fernandes for legislation to prohibit the use of mobile gear in certain waters off the coast of the town of Nantucket. Environment, Natural Resources and Agriculture. |
The Commonwealth of Massachusetts
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In the One Hundred and Ninetieth General Court
(2017-2018)
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An Act prohibiting the use of mobile gear in certain waters off the coast of the town of Nantucket.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
(a) Notwithstanding any general or special law to the contrary, during the period from May 1 to October 31, inclusive, no person shall use mobile gear, as defined by the department of marine fisheries by regulation, to drag for fish in the coastal waters located within 3 nautical miles of the town of Nantucket. For the purposes of this act, there shall be a rebuttable presumption that a vessel is using mobile gear if:
(i) otter trawls, beam trawls, midwater or bottom pair trawls, seines or dredges are not out of the water and on board the vessel; or
(ii) the mouth of the net or dredge is not out of the water and secured to the vessel's sides or stern.
(b) This act shall not apply to any vessel fishing surf clam, ocean quahog, bay quahog dredge or scallop dredge or any vessel fishing within a shellfish fishery regulated by the town of Nantucket.
(c) A person or entity using mobile gear in violation of this section may be punished by: (i) a fine of not less than $500 nor more than $1000; (ii) the suspension or revocation of any licenses, permits or certificates granted pursuant to chapter 130 of the General Laws; and (iii) seizure or forfeiture of fish unlawfully taken.