SENATE DOCKET, NO. 3009        FILED ON: 2/12/2024

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2793

 

The Commonwealth of Massachusetts

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PRESENTED BY:

Bruce E. Tarr

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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 relative to abandoned fishing gear.

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PETITION OF:

 

Name:

District/Address:

 

Bruce E. Tarr

First Essex and Middlesex

 

Kathleen R. LaNatra

12th Plymouth

 

Joan B. Lovely

Second Essex

2/12/2024

Susan Williams Gifford

2nd Plymouth

2/12/2024

Kay Khan

11th Middlesex

2/12/2024

Mathew J. Muratore

1st Plymouth

2/13/2024

Marcus S. Vaughn

9th Norfolk

2/13/2024

Sarah K. Peake

4th Barnstable

2/13/2024

David F. DeCoste

5th Plymouth

2/13/2024

Patrick M. O'Connor

First Plymouth and Norfolk

2/13/2024

Bradley H. Jones, Jr.

20th Middlesex

2/13/2024

Ann-Margaret Ferrante

5th Essex

2/14/2024

Ryan C. Fattman

Worcester and Hampden

2/14/2024

Margaret R. Scarsdale

1st Middlesex

2/16/2024

Paul R. Feeney

Bristol and Norfolk

2/20/2024


SENATE DOCKET, NO. 3009        FILED ON: 2/12/2024

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2793

By Mr. Tarr, a petition (accompanied by bill) (subject to Joint Rule 12) of Bruce E. Tarr, Kathleen R. LaNatra, Joan B. Lovely, Susan Williams Gifford, and other members of the General Court for legislation relative to abandoned fishing gear.  Environment and Natural Resources.

 

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 relative to abandoned fishing gear.

 

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 1 of chapter 130 of the general laws as appearing in the 2022 official edition is hereby amended by striking the definition of “close season” and inserting in place thereof the following:-

“Close Season” or “closed season” is the time during which fish cannot lawfully be taken or a time or area when and where the use of fishing gear is prohibited.

SECTION 2. Said section 1 of said chapter 130 is hereby further amended by inserting after the definition of “Wholesale dealer” the following:-

“Fishing Gear” is defined as a trap, net, fish car, or other contrivance that is: intact; functions as it is intended to take, hold or capture fish; and is in the water during the open season.

“Fishing Gear Debris”, is defined as a trap, net, fish car, or other contrivance that is: not intact; does not function as it is intended to take, hold or capture fish; or is in the water during a closed season.

“Open Season” is defined as the time during which fish may lawfully be taken or a time or area where the use of a particular fishing gear is allowed.

SECTION 3. Section 31 of said chapter 130 of the general laws as appearing in the 2022 official edition is hereby amended by striking the section in its entirety and inserting in place thereof the following:-

No person shall, without the consent of the owner, take, use, destroy, injure or molest fishing gear. The Division of Marine Fisheries, with the approval of the Marine Fisheries Advisory Commission and the Department of Fish and Game, shall promulgate regulations that may authorize or permit the removal of fishing gear debris from the waters under the jurisdiction of the Commonwealth and the adjacent coastal shoreline. Fishing gear debris collected under the Division authority shall not be subject to M.G.L. c.134.

SECTION 4. Chapter 130 of the General Laws as appearing in the 2022 official edition is hereby amended by striking section 32 in its entirety.