HOUSE DOCKET, NO. 780        FILED ON: 1/17/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 773

The Commonwealth of Massachusetts

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PRESENTED BY:

Josh S. Cutler and Patrick Joseph Kearney

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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 establishing a fisheries conservation gear grant program.

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PETITION OF:

HOUSE DOCKET, NO. 780        FILED ON: 1/17/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 773

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 873 OF 2021-2022.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act establishing a fisheries conservation gear grant program.

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 - There is hereby established, subject to appropriation, a Fisheries Conservation Gear Grant Program, the purpose of which shall be to provide funding assistance for the research, development, and acquisition of commercial fishing gear which limits or eliminates the mortality of juvenile or other fish not legally harvestable, or harm or mortality to protected species such as the Northern Right Whale, while maximizing the sustainability and productivity of an affected fishery.  The program shall be developed and administered by the Division of Marine Fisheries, which shall conduct regular hearings at intervals of not less than once per year, to determine the size, type and scope of such grants necessary to maximize their effectiveness in achieving the goals set forth in this section. In administering the program, the division shall utilize eligibility criteria which, to the greatest extent possible, ensure equity based on geography, fishery type, gear type, and demographic factors, provided further that grants may be conditioned on matching resources and collaboration between commercial fishery participants and scientific or other institutions which conduct relevant research.

Section 2 - Eligibility for grants from the program shall be restricted to fishing industry participants domiciled in Massachusetts and holding a valid state or federal commercial fisheries permit , and institutions of higher learning or research organizations located in the commonwealth.

Section 3 - The division may, on behalf of the commonwealth, retain all or a portion of the ownership of any intellectual property developed through said program, including but not limited to patents, and registrations, provided , however, that any intellectual property so held shall be made available through licensure or other means under reasonable terms and conditions to those otherwise eligible for grant funding pursuant to this act, and for the purposes of this act.

Section 4. To meet the expenditures necessary in carrying out this act, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Commonwealth Transportation Improvement Act of 2021, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court under section 3 of Article LXII of the Amendments to the Constitution. All such bonds shall be payable not later than twenty five years from issuance, pursuant to said Section 3 of Article LXII of the Amendments to the Constitution. All interest and payments on account of principal on these obligations shall be payable from the General Fund. Notwithstanding any other general or special law to the contrary, bonds issued under this section and interest thereon shall be general obligations of the commonwealth.