Massachusetts HD 4007: An Act establishing a fisheries conservation gear grant program

Bill Text

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HOUSE DOCKET, NO. 4007        FILED ON: 2/19/2021 
HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 873 
 
The Commonwealth of Massachusetts 
_________________ 
PRESENTED BY: 
Josh S. Cutler 
_________________ 
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 establishing a fisheries conservation gear grant program. 
_______________ 
PETITION OF: 
 
NAME: DISTRICT/ADDRESS: DATE ADDED: 
Josh S. Cutler 6th Plymouth 2/19/2021 
Susan Williams Gifford 2nd Plymouth 2/22/2021 
Steven S. Howitt 4th Bristol 2/23/2021 
James M. Murphy 4th Norfolk 2/26/2021 
David F. DeCoste 5th Plymouth 2/26/2021 
Susan L. Moran Plymouth and Barnstable 2/26/2021 
Mathew J. Muratore 1st Plymouth 2/26/2021 
Joan Meschino 3rd Plymouth 2/26/2021 
Peter Capano 11th Essex 2/26/2021 
Steven G. Xiarhos 5th Barnstable 2/26/2021 
Kathleen R. LaNatra 12th Plymouth 2/26/2021 
Patrick M. O'Connor Plymouth and Norfolk 3/19/2021 

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HOUSE DOCKET, NO. 4007        FILED ON: 2/19/2021 
HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 873 
By Mr. Cutler of Pembroke, a petition (accompanied by bill, House, No. 873) of Josh S. Cutler 
and others relative to establishing a fisheries conservation gear grant program to be developed 
and administered by the Division of Marine Fisheries.  Environment, Natural Resources and 
Agriculture. 
 
The Commonwealth of Massachusetts 
 
_______________
 
In the One Hundred and Ninety-Second General Court 
(2021-2022) 
_______________
 
 
An Act establishing a fisheries conservation gear grant program. 
 
 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 - There is hereby established, subject to appropriation, a Fisheries Conservation 
2Gear Grant Program, the purpose of which shall be to provide funding assistance for the 
3research, development, and acquisition of commercial fishing gear which limits or eliminates the 
4mortality of juvenile or other fish not legally harvestable, or harm or mortality to protected 
5species such as the Northern Right Whale, while maximizing the sustainability and productivity 
6of an affected fishery.  The program shall be developed and administered by the Division of 
7Marine Fisheries, which shall conduct regular hearings at intervals of not less than once per year, 
8to determine the size, type and scope of such grants necessary to maximize their effectiveness in 
9achieving the goals set forth in this section. In administering the program, the division shall 
10utilize eligibility criteria which, to the greatest extent possible, ensure equity based on 
11geography, fishery type, gear type, and demographic factors, provided further that grants may be 

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12conditioned on matching resources and collaboration between commercial fishery participants 
13and scientific or other institutions which conduct relevant research.  
14 Section 2 - Eligibility for grants from the program shall be restricted to fishing industry 
15participants domiciled in Massachusetts and holding a valid state or federal commercial fisheries 
16permit , and institutions of higher learning or research organizations located in the 
17commonwealth.  
18 Section 3 - The division may, on behalf of the commonwealth, retain all or a portion of 
19the ownership of any intellectual property developed through said program, including but not 
20limited to patents, and registrations, provided , however, that any intellectual property so held 
21shall be made available through licensure or other means under reasonable terms and conditions 
22to those otherwise eligible for grant funding pursuant to this act, and for the purposes of this act. 
23 Section 4. To meet the expenditures necessary in carrying out this act, the state treasurer 
24shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to 
25be specified by the governor from time to time. All bonds issued by the commonwealth as 
26aforesaid shall be designated on their face, Commonwealth Transportation Improvement Act of 
272021, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor 
28may recommend to the general court under section 3 of Article LXII of the Amendments to the 
29Constitution. All such bonds shall be payable not later than twenty five years from issuance, 
30pursuant to said Section 3 of Article LXII of the Amendments to the Constitution. All interest 
31and payments on account of principal on these obligations shall be payable from the General 
32Fund. Notwithstanding any other general or special law to the contrary, bonds issued under this 
33section and interest thereon shall be general obligations of the commonwealth.