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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XIX AGRICULTURE AND CONSERVATION
  • CHAPTER 130 MARINE FISH AND FISHERIES
  • Section 17 Powers of director

Section 17. The director may

(1) Destroy from time to time license books and stubs, licenses, permits, certificates of registration and blanks relative thereto, after the same have been properly audited by the state auditor, and such other documents as the director deems advisable after the same have been noted on the official records;

(2) Take, or in writing authorize his agents to take fish at any time or in any manner for purposes connected with propagation or scientific observation;

(3) Investigate questions relating to fish and personally or by assistants, institute and conduct inquiries pertaining to such questions, and conduct such biological research and assist cities and towns in the development of shellfish conservation and management plans as will, in his opinion, tend to conserve, improve and increase the supply of fish in the coastal waters.

(4) Aid in the promotion and development of the commercial fishing industry; investigate improved methods of marketing and distributing commercial fish products within the commonwealth; and establish standards and design labels for the identification of commercial fish products processed, prepared or packed for distribution and for retail sales;

(5) Arrange for lectures and may issue for general distribution such publications as he considers best adapted to promote the interests of commercial fisheries;

(6) Establish and maintain properties at such places within the commonwealth as he may select for the purpose of propagating, rearing and protecting fish;

(7) Occupy, use and control not exceeding ten ponds and estuaries, creeks or other arms of the sea, within the coastal waters, and the necessary land thereto adjoining, for the propagation and distribution of fish frequenting the coastal waters and for the scientific investigation of their habits, if such occupation and use do not impair the private rights of any person or materially obstruct any navigable waters. Notice of such occupation and use and the purpose thereof shall be conspicuously posted by the director at the nearest points to said ponds and estuaries, creeks or other arms of the sea, and shall be recorded in the registry of deeds in the county or district where they are situated.

(8) With the approval of the commissioner, for the purpose of protecting and improving marine resources, on behalf of the commonwealth acquire in fee by purchase, gift or devise, or by lease, or with the consent of the owners, may control, any land with buildings and improvements thereon and with the consent of the owner of any land may control the flow of any water on or over his land.

(9) With the approval of the governor, receive in trust for the commonwealth any grant or devise of real property or any gift or bequest of personal property for the purpose of aiding in the enhancement and protection of any marine resources; provided, that, unless approved by the general court, no obligation shall be imposed on the commonwealth to expend in carrying out any such trust an amount greater than the income of the trust property, or greater than the income and the principal thereof, if by the terms of such trust the principal may be expended. Any such gift or bequest of money or securities shall be transferred forthwith to the state treasurer, who shall administer it as provided in section sixteen of chapter ten.

(10) Notwithstanding any contrary provision of law, with the exception of chapter 130 of the General Laws of the Commonwealth of Massachusetts, adopt, amend, or repeal all rules and regulations, with the approval of the Governor, necessary for the maintenance, preservation and protection of all marine fisheries resources between the mean high water mark of the commonwealth and a straight line extension of the lateral boundaries of the commonwealth drawn seaward to a distance of 200 miles or to a point where the water depth reaches 100 fathom, whichever is the greatest. Any person, firm or corporation convicted of violating any rule or regulation authorized under the provisions of this paragraph shall be punished by a fine not to exceed ten thousand dollars ($10,000). Violations may be prosecuted in any superior court within the Commonwealth of Massachusetts.

(11) Subject to the notice provisions of chapter thirty A, without hearing, with the approval of the commissioner, adopt regulations declared by him to be emergency regulations necessary for immediate management or control of the marine fisheries. Such emergency regulations may be limited in time but shall not remain in effect for a period longer than forty-five days.

(12) Authorize agents to sell certain permits issued pursuant to section 83 and authorize agents who are not employed by the commonwealth to charge an administrative fee for such permits not to exceed $1.50 for each permit.