Massachusetts H 907: An Act relative to the conservation of striped bass

Bill Text

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HOUSE DOCKET, NO. 721 FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 907

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Thomas M. Stanley
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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 the conservation of striped bass.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS: DATE ADDED:
Thomas M. Stanley 9th Middlesex 1/17/2023

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HOUSE DOCKET, NO. 721 FILED ON: 1/17/2023
HOUSE . . . . . . . . . . . . . . . No. 907
By Representative Stanley of Waltham, a petition (accompanied by bill, House, No. 907) of
Thomas M. Stanley relative to the Atlantic striped bass. Environment and Natural Resources.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1013 OF 2021-2022.]

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to the conservation of striped bass.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 SECTION 1. Section 100A of chapter 130 of the General Laws, as appearing in the 2020
2 Official Edition, is hereby amended by striking the section in its entirety and inserting in place
3 thereof the following sentences: - (a) Commercial harvesting and sale of wild striped bass shall
4 be prohibited in the Commonwealth except as provided for in section 2. The director, with the
5 approval of the marine fisheries advisory commission, shall adopt rules and regulations relative
6 to the taking and possession of wild striped bass by recreational angling. (b) All aquaculture
7 raised striped bass for sale in the commonwealth shall bear the tag of the grower or distributor of
8 the fish. (c) Whoever violates any rules or regulations made pursuant to this section shall be
9 punished by a fine of not less than $200 for each fish taken or possessed for the first violation,
10 five hundred dollars for each fish taken or possessed for the second violation and for each
11 subsequent violation shall be fined one thousand dollars for each fish taken or possessed or

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12 imprisoned not more than sixty days or both. No part of any fine imposed for the taking or
13 possession of any striped bass in violation of any such regulation shall be remitted.
14 SECTION 2. (a) Commercial harvesting and sale of wild striped bass shall be permitted
15 for individuals owning commercial licenses on December 31, 2022 who can historically
16 demonstrate over the preceding 5 years that they have averaged an annual landing and sale of
17 more than 1000 pounds of striped bass based on records made available to the Massachusetts
18 Division of Marine fisheries. Provided further, however, the Director of the Massachusetts
19 Division of Marine Fisheries may provide hardship relief from this limit if a license holder for
20 the past five years can demonstrate a legitimate hardship causing him or her to land less than an
21 average of 1000 pounds. (b) The Director of the Massachusetts Division of Marine Fisheries
22 shall calculate the commercial catch limit based on the 5 year average annual landings and sale
23 of pounds of striped bass by said commercial fishermen as so defined in Section 2 (a). (c) Should
24 a commercial license holder retire his license, the Massachusetts Division of Marine Fisheries
25 shall reduce the total commercial take allowed by the average landings of said individual
26 operating under said license for the previous five years. (d) In no case shall any new commercial
27 licenses be granted or shall licenses be transferred or sold. (e)If a commercial striped bass license
28 holder fails to report no catch or if they report not catching any striped bass for two consecutive
29 years, their striped bass commercial license shall not be renewed. (f) All Commercial Fishermen
30 shall annually be required to report their catch to the Massachusetts Division of Marine Fisheries
31 within 90 days after the close of the commercial striped bass season. Failure to comply with this
32 requirement shall cause said individuals license not to be renewed for the next season. Provided
33 further, however, the Director of the Massachusetts Division of Marine Fisheries may waive any
34 penalties associated with a late filing of said report if said commercial fisherman can

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35 demonstrate a legitimate hardship. (g) Nothing in this act shall preclude the Director of Marine
36 Fisheries or the Marine Fisheries Advisory Board from limiting, curtailing or suspending the
37 recreational or commercial catching and landing of striped bass should the fishery conditions
38 worsen that the fishery is in jeopardy of sustaining itself. (h) Notwithstanding any special or
39 general law to the contrary, the i