Amendment ID: S2856-23

Amendment 23

Abandoned Fishing Gear

Messrs. Tarr, Montigny and O'Connor and Ms. Lovely move that the proposed new text be amended by inserting at the end the following new sections:-

"SECTION X. 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 XX. 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 XXX. 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 XXXX. Chapter 130 of the General Laws as appearing in the 2022 official edition is hereby amended by striking section 32 in its entirety."