Section 80: Commercial permits and certificates; issuance; transfers; wholesale dealer permit; regulated marine fishery permit; rules and regulations; cancellation; revocation; penalties
Section 80. Except as permitted in sections thirty-eight and seventy-five, no person shall fish for or take fish for commercial purposes in the coastal waters, or land raw fish, whether frozen or unfrozen, in the commonwealth, for the purpose of sale unless he is the holder of a commercial fisherman permit. A commercial fisherman permit may be issued to an individual or it may be issued in the name or number of a vessel, in which case it shall be valid for all persons on board said vessel. A vessel permit may be transferred upon application to the director. Notwithstanding any contrary provisions contained in this section and except as provided in section seventy-five, a person shall not dig or take shellfish or marine worms for commercial purposes unless he is the holder of a commercial fisherman permit (shellfish) or unless he is the holder of a commercial fisherman permit which has been specially endorsed, at no additional charge, for the taking of such shellfish or marine worms; a person holding a permit issued under section seventy-five shall not hold a permit issued under this section for the taking or digging of shellfish or marine worms. Notwithstanding any contrary provision contained in this section, a person who has in his possession a commercial fisherman permit for rod and reel may take by rod and reel or by diving and sell fin fish lawfully taken from the coastal waters.
A person shall not for commercial purposes acquire, handle, store, distribute, process, fillet, ship or sell raw fish, whether frozen or unfrozen in bulk or for resale, without first obtaining a wholesale dealer permit issued jointly by the division of marine fisheries and the department of public health; provided, however, that the holder of a valid commercial fisherman permit who catches fish or takes lobsters and sells such fish or lobsters to wholesale or retail dealers exclusively shall be exempt from obtaining a wholesale dealer permit; and provided, further, that the holder of a wholesale dealer permit shall not procure raw fish, whether frozen or unfrozen, from any person who does not hold a valid commercial fisherman permit. A person shall not sell raw fish at retail, whether frozen or unfrozen without first obtaining a retail dealer permit issued jointly by the division of marine fisheries and the department of public health; provided, however, that the holder of a valid wholesale dealer permit may sell fish at retail at one location which shall be named on the permit; and provided, further, that the holder of a retail dealer permit shall not procure raw fish, whether frozen or unfrozen, from any person who does not hold a valid commercial fisherman permit or a valid wholesale dealer permit. Upon application to the director and endorsement on the permit the holder of a retail dealer permit may take bait, except as provided in section seventy-eight, for sale under said permit.
A person shall not for commercial purposes shuck shellfish, or pack or repack shucked shellfish, or dig, take, pack or buy shellfish within this commonwealth for shipment outside the commonwealth, without the approval of the director which shall be endorsed on the certificate or permit held by such person at no additional cost.
No person shall take or sell fish from a fishery regulated by the director without a regulated marine fishery permit, in addition to any other permit that may be required by this chapter.
The director shall promulgate rules and regulations relative to the form, contents, and use of all permits issued under this chapter except the form, contents and use of wholesale and retail seafood dealer permits which shall be subject to rules and regulations promulgated by the director and the commissioner of public health. The director shall revoke and cancel and require the surrender of any permit issued under this chapter if, in his opinion, after a hearing, after due notice by him or some person designated by him, the holder has violated any rule or regulation of the director or of any provision of this section or section seventy-five, or upon a change in the facts and conditions set forth in such permit or certificate. The commissioner of public health shall also have the authority to revoke and cancel and require the surrender of any wholesale dealer or retail dealer permit issued under this chapter if, in his opinion, after a hearing, after due notice by him or some person designated by him, the holder has violated any rule or regulation of the department of public health or any general or specific law pertaining to fish or the sale thereof, or upon a change in the facts and conditions set forth in such permit. Pending the hearing, the certificate may be suspended. Whoever violates any provision of this section shall be punished by a fine of not less than $400 and not more than $10,000 or by imprisonment for not more than three years, or both.