Scallops, tak. ing of, regulated. 1885, 220, § 4. 1887, 96, § 1. 1888, 238. 1896, 268, § 1. Seed scallops, 1896, 268, § 2. Town officers may regulate fishing. 1880, 200. 1881, 103. 69. 1889, 391. 1895, 282, § 3. 155 Mass. 10. 174 Mass. 29. EELS, CLAMS, QUAHAUGS AND SCALLOPS. SECTION 83. Whoever, between the first day of April and the 1 first day of October, takes scallops from the flats or waters of the 2 commonwealth, or buys, sells or has in his possession any scallops, 3 shall be punished by a fine of not less than twenty nor more than 4 fifty dollars for each offence. 5 SECTION 84. Whoever takes seed scallops from the flats or 1 waters of the commonwealth shall be punished by a fine of not less 2 than twenty nor more than fifty dollars for each offence; but such 3 penalty shall not be incurred by any person taking such scallops 4 who returns them alive to the flats or waters from which they were 5 taken. 6 SECTION 85. The mayor and aldermen of cities and the selectmen 1 of towns, if so instructed by their cities and towns, may, except 2 as provided in the two preceding sections, control, regulate or pro- 3 P. S. 91, §§ 68, hibit the taking of eels, clams, quahaugs and scallops within the 4 same; and may grant permits prescribing the times and methods 5 of taking eels and such shell fish within such cities and towns and 6 make such other regulations in regard to said fisheries as they may 7 deem expedient. But an inhabitant of the commonwealth, with- 8 out such permit, may take eels and the shell fish above named for 9 his own family use from the waters of his own or any other city or 10 town, and may take from the waters of his own city or town any of 11 such shell fish for bait, not exceeding three bushels, including shells, 12 in any one day, subject to the general rules of the mayor and alder- 13 men and selectmen, respectively, as to the times and methods of 14 taking such fish. The provisions of this section shall not authorize 15 the taking of fish in violation of the provisions of sections forty-four 16 and forty-five. Whoever takes any eels or any of said shell fish 17 without such permit, and in violation of the provisions of this sec- 18 tion, shall forfeit not less than three nor more than fifty dollars. 19 Penalty for taking female lobsters. 1881, 270, §§ 1, 2. 82. 1882, 98. 1889, 109, § 1. 155 Mass. 278. LOBSTERS, TAUTOG AND OTHER FISH. SECTION 86. Whoever at any time catches or takes or has in 1 his possession with intent to sell, or sells, any female lobster 2 P. S. 91, §§ 81, bearing eggs shall be punished by a fine of not less than ten nor 3 more than one hundred dollars or by imprisonment for not less than 4 one nor more than three months for each offence; but a person who 5 catches or takes any such lobster and immediately returns it alive 6 to the waters from which it was taken shall not be subject to such 7 penalty. The provisions of this section shall not apply to lobsters 8 spawning in lobster cars if they are immediately returned alive to 9 the waters from which they were taken. Town officers to enforce pre 10 SECTION 87. The mayor and aldermen of cities, the selectmen 1 ceding section. of towns, police officers and constables shall cause the provisions 2 of the preceding section to be enforced in their respective cities and 3 towns. 1881, 270, § 3. P. S. 91, § 83. 1884, 212, § 5. Penalty for selling, etc., 4 SECTION 88. Whoever sells or offers for sale or has in his 1 small lobsters. possession an uncooked lobster less than ten and one-half inches in 2 1877, 75. 1884, 212, §§ 1, 2. Mass. 560. 3 length, or a cooked lobster less than ten and one-quarter inches in 1874, 110, § 1. 4 length, measuring from the extremity of the bone protruding from P. S. 91, § 84. 5 the head to the end of the bone of the middle flipper of the tail of 1887, 314, 1. 6 the lobster, extended on its back its natural length, shall forfeit not 1450 7 more than five dollars for every such lobster; and in all prosecu- 165 Mass. 396. 8 tions under the provisions of this section any mutilation of a lobster, 170 Mass. 197. 9 cooked or uncooked, which affects its measurement shall be prima 10 facie evidence that the lobster is less than the required length and 11 the possession of any lobster, cooked or uncooked, which is not of 12 the required length shall be prima facie evidence to convict. 1 155 Mass. 278. 1890, 293. SECTION 89. Whoever, before a lobster is cooked, mutilates it same subject. 2 by severing the tail from the body, or has such tail in possession, 1891, 122. 3 shall be punished by a fine of five dollars for each offence; and in 4 all prosecutions under the provisions of this section the posses 5 sion, by any person, of the tail of any uncooked lobster so severed 6 from the body shall be prima facie evidence to convict. to enforce. 1 SECTION 90. The governor, upon the written request of the District police 2 commissioners on inland fisheries and game or one of them, may 1884, 212, § 4. 3 detail one or more of the district police from any district or town 4 to enforce the provisions of section eighty-eight. 1 search. SECTION 91. For the purpose of enforcing the provisions of Right of 2 section eighty-eight, any one of the commissioners on inland fish- 1885, 256. 3 eries and game or their deputy or any member of the district police 1897, 288, § 1. 4 may search in suspected places for, seize and remove lobsters which 5 have been unlawfully taken, held or offered for sale. lobsters by 1 SECTION 92. Whoever, not having been an inhabitant of this Taking of 2 commonwealth for one year, sets or keeps or causes to be set or non-residents. 3 kept in the waters of this commonwealth any pot, net or trap for 18, 19 4 the catching of lobsters shall forfeit twenty dollars for each offence. 1900, 230. 1 183. of habits of SECTION 93. The commissioners on inland fisheries and game Investigation 2 may occupy and use any small estuaries or creeks within the com- lobsters, etc. 3 monwealth, not exceeding six, for the scientific investigation of the 1889, 109, $5 4,6 4 habits, propagation and distribution of lobsters, if such occupation 5 and use does not impair the private rights of any person or materi6 ally obstruct any navigable waters. Notice of such occupation 7 shall be conspicuously posted and maintained by said commissioners 8 at the nearest points to said estuaries and creeks, and shall be re9 corded in the registry of deeds in the county in which they are 10 situated. 1889, 109, § 5. 1 SECTION 94. Whoever, after the posting and recording of such Penalty. 2 notice, catches or takes any lobster from any estuary or creek SO 3 occupied as aforesaid shall be punished as provided in section 4 eighty-eight. taking lobsters waters. 1 SECTION 95. No person living without this commonwealth shall Prohibition of 2 take any lobsters, tautog, bass or other fish within the harbors, in certain 3 streams, or waters of Fairhaven, New Bedford, Dartmouth or 821, 97, § 1. 4 Westport for the purpose of carrying them thence in vessels or & S 5 smacks of any size whatever owned without this commonwealth, P. S. 91, § 86. R. S. 55, § 5. Boundaries P. S. 91, § 87. Penalty if certain statutes have been adopted. G. S. 83, § 6. P. S. 91, § 88. nor in any of more than fifteen tons burden owned within this 6 commonwealth, under a penalty of ten dollars for each offence 7 and a forfeiture of all fish and lobsters so taken. SECTION 96. For the purposes of the preceding section, the 1 waters and shores of the places therein mentioned shall be deemed 2 to extend from the line of the state of Rhode Island to the line of 3 the county of Plymouth, and to include all the waters, islands and 4 rocks lying within one mile of the main land. 5 SECTION 97. If, within the harbors, streams, or waters of any 1 place on the sea coast which accepts the provisions of this section 2 1839, 85, §§ 1, 3. or has accepted the corresponding provisions of earlier laws, a 3 person who lives without the commonwealth takes, for the purpose 4 of carrying thence, any lobsters, tautog, bass, bluefish or scuppaug, 5 or if a person who lives in this commonwealth takes and carries 6 away from such place any such fish or lobsters in vessels or smacks 7 of more than fifteen tons burden, he shall forfeit for each offence 8 not more than twenty dollars, and all the fish and lobsters so taken. 9 Penalty for taking too etc., in Buz- 1856, 175, §§ 2-4. SECTION 98. No person shall take lobsters within the waters 1 and shores of the town of Provincetown for the purpose of carrying 2 them from said waters in a vessel or smack of more than fifteen 3 tons burden, or for the purpose of putting them on board of such 4 vessel or smack to be transported to any place, unless a permit is 5 first obtained therefor from the selectmen of said town, who may 6 grant the same for such amount, to be paid to the use of the town, 7 as they shall deem proper. Whoever violates the provisions of 8 this section shall forfeit ten dollars for each offence; and a further 9 amount of ten dollars for every hundred lobsters over the first hun- 10 dred taken or found on board of any such vessel or smack, and in 11 that proportion for any smaller number. For the purposes of this 12 section, the waters and shores of Provincetown shall be deemed 13 to be as follows: beginning at Race Point, one-half mile from the 14 shore, and thence running by said shore to the end of Long Point 15 which forms the harbor of Provincetown, and from the end of Long 16 Point one-half mile and including the harbor within the town of 17 Provincetown. 18 SECTION 99. Whoever, between the first day of April and the 1 many lobsters, first day of July, inclusive, takes more than one hundred pounds a 2 week of lobsters, tautog, bass or scuppaug in the bays, harbors, 3 ponds, rivers or creeks of the waters of Buzzard's bay, within one 4 mile from the shore and within the jurisdiction of the towns of 5 Sandwich and Wareham, shall forfeit not more than fifty dollars, 6 which shall be recovered in an action of tort by the selectmen or 7 any legal voter of Sandwich or Wareham. 8 Penalty for unlawfully destroying oysters. SECTION 100. OYSTERS AND OTHER SHELL FISH. Whoever takes oysters from their beds, or de- 1 stroys them or wilfully obstructs their growth therein, except as is 2 1761-5, 25, §1. provided in the following sections, shall forfeit two dollars for every 3 bushel of oysters, including the shells, so taken or destroyed. 1771-2, 13, §§ 1, 2. 1795, 71, § 1. 4 R. S. 55, § 11. G. S. 83, § 11. P. S. 91, § 93. 136 Mass. 456. give permits to 2. 1 SECTION 101. The mayor and aldermen of a city or selectmen Selectmen may 2 of a town in which there are oyster beds may grant a permit in take oysters. 3 writing to any person to take oysters from their beds at such 1764-5, 25, §§ 1, 4 times, in such quantities and for such uses as they shall express in 191 5 their permit; but every inhabitant of such city or town, except the GS. 8, 12. 6 town of Yarmouth, may, without such permit, take oysters from PS. 91, § 94. 7 the beds therein for the use of his family, from the first day of Sep- 7 Met. 446. 8 tember to the first day of June, not exceeding in any week two 9 bushels, including the shells. 1 a R. S. 55, § 12. 1879, 105. 1892, 74. cept, etc. 1771-2, 13, § 3. 1798;141: 1. 1799, 19, § 1. 1808, 28. SECTION 102. Whoever takes any other shell fish from their beds, Penalty for taking other 2 or destroys them or wilfully obstructs their growth therein, except shell fish, ex3 as is hereinafter provided, shall forfeit one dollar for bushel every 4 of such other shell fish, including the shells. But the mayor and 5 aldermen of a city or selectmen of a town may at any time give 6 permit in writing to any person to take such other shell fish from 7 their beds therein, at such times, in such quantities and for such 8 uses as they shall express in their permit; but every inhabitant of 9 each of said places may, without such permit, take such other shell 10 fish from the beds therein for the use of his family. 1 1830, 2 R. S. 55, § 13. 1839, 84. 1842, 10. P. S. 91, § 95. within pro 14, 2. SECTION 103. The provisions of the three preceding sections Indians not 2 shall not deprive native Indians of the privilege of digging shell fish hibition. 3 for their own consumption, or prevent a fisherman, who is an inhab- 1798; 11;5: 4 itant of this commonwealth, from taking shell fish which he may G. S. 83, 15. 5 want for bait, not exceeding at any one time seven bushels, includ- 17, 18, 6 ing the shells. 1 SECTION 104. The mayor and aldermen of a city or selectmen of Town officers 2 a town may, by writing under their hands, grant a license for a term licenses. 3 not exceeding ten years to any inhabitant thereof to plant, grow 1969, 172, 8. 4 and dig oysters at all times of the year, or to plant oyster shells for P. S. 91, 97. 5 the purpose of catching oyster seed, upon and in any waters, flats 6 and creeks therein, at any place where there is no natural oyster 7 bed; not, however, impairing the private rights of any person, nor 8 materially obstructing any navigable waters. 1 1884, 284. 1895, 282, § 1. 158 Mass. 121. be defined. G. S. 83, § 17. P. S. 91, 98. 14, 28, 1 132 Mass. 297. 1895, 282, §§ 1, 2. SECTION 105. Such license shall describe by metes and bounds Boundaries to 2 the waters, flats and creeks so appropriated and shall be recorded 1818, 152, §§ 2, 5. 3 by the city or town clerk before it shall have any force, and the 4 licensee shall pay to the mayor and aldermen or selectmen, for their 5 use, two dollars, and to the clerk fifty cents. The shore line of such 6 licensed premises shall be the line of mean low water for the plant7 ing and growing of oysters, and the line of high water for the plant8 ing of oyster shells, but the provisions of this section shall not 9 authorize the placing of such shells upon the land of a riparian 10 owner between high and low water mark without his written consent. 1 notice. SECTION 106. Such license shall not be granted until after a Hearing and 2 public hearing, due notice of which shall have been posted in three 1885, 220, § 1. 3 or more public places in the city or town in which the premises are 4 situated at least seven days before the time fixed for such hearing. Transfer of license. 1886, 299, § 1. Rights of persons licensed. SECTION 107. Such license shall be granted, assigned or trans- 1 ferred only to inhabitants of the city or town in which the licensed 2 premises are situated, and shall not be assigned or transferred with- 3 out the written consent of the mayor and aldermen of such city or 4 the selectmen of such town. 5 SECTION 108. The licensee, his heirs and assigns shall, for the 1 1848, 152, $$ 3, 4. purposes aforesaid, have the exclusive use of the waters, flats and 2 G. S. 83, § 18. P. S. 91, § 99. 1884, 284, § 1. 1895, 282, § 1. Revocation of 1895, 282, § 1. creeks described in the license during the time therein specified; 3 and may, in an action of tort, recover treble damages of any person 4 who, without his or their consent, digs or takes oysters or oyster 5 shells from such waters, flats or creeks during the continuance of 6 the license; and whoever digs or takes oysters or oyster shells 7 therefrom without such consent shall also forfeit twenty dollars for 8 each offence. 9 SECTION 109. If the licensee fails for two years after the license 1 18, 220, has been granted to plant and grow oysters or to plant oyster shells 2 in the waters, flats or creeks described in the license, it shall be 3 revoked by the officers who granted it and the revocation shall be 4 recorded by the city or town clerk. Penalty for using dredge, vate oyster beds. 1885, 220, § 5. 5 SECTION 110. No person shall dig, take or carry away any 1 oysters or oyster shells between one hour after sunset and one hour 2 before sunrise, by any method whatever, from any waters, flats or 3 creeks for which a license has been granted under the provisions of 4 section one hundred and four. A licensee who violates the pro- 5 visions of this chapter relative to the planting and growing of 6 oysters or the planting of oyster shells, shall, in addition to the 7 penalties hereinafter provided, forfeit his license and the oysters 8 remaining on the licensed premises. 9 SECTION 111. Whoever violates the provisions of the preceding 1 section, or whoever, without the consent of the licensee, digs or 2 takes any oysters or oyster shells from any waters, flats or creeks 3 described in any license granted under the provisions of section 4 one hundred and four, during the continuance of such license, 5 shall be punished by a fine of not more than one hundred dollars 6 or by imprisonment for not less than thirty days nor more than six 7 months, or by both such fine and imprisonment. 8 SECTION 112. Whoever works a dredge, oyster tongs or rakes, 1 ete, upon pri- or any other implement for the taking of shell fish of any descrip- 2 tion, upon any oyster grounds or beds, other than public grounds 3 or beds, without the consent of the licensee, lessee or owner thereof, 4 or whoever, while upon or sailing over any such grounds or beds, 5 casts, hauls, or has overboard any such dredge, tongs, rake or other 6 implement for the taking of shell fish of any description, under any 7 pretence or for any purpose whatever, without the consent of the 8 licensee, lessee or owner, shall, for the first offence, be punished by 9 a fine of not more than twenty dollars or by imprisonment for not 10 more than thirty days, and for each subsequent offence, by a fine 11 of not more than fifty dollars or by imprisonment for not more than 12 six months. 13 |