Current through Register 1531, September 27, 2024
(1) Purpose and Scope.
The purpose of 321 CMR 4.09 is to establish the procedural and substantive
requirements for licenses for the possession, propagation, culture,
maintenance, sale, purchase and disposition of fish. The provisions of 321 CMR
4.09 are designed to protect fish and their habitats from unnecessary or
undesirable impacts and from improper treatment or exploitation. These
provisions are also necessary for the protection of the public health, welfare
and safety when fish are possessed, maintained, cultured or propagated in
Massachusetts.
Fish retained in captivity and dependent on humans for care may
not be capable of surviving in the wild if problems arise and they are
liberated by those who had attempted to care for them. The result is an animal
that may suffer a lingering fate prior to death and may be a potential danger
to the public or the aquatic environment. The purpose of 321 CMR 4.09 is to
prevent not only the potential public menace, disease, or damage to the
environment which may result when the fish are liberated, but to protect them
from the potential for needless or unnecessary suffering as well. Thus, the
scope of 321 CMR 4.09 is to (a) regulate the taking from the wild, possession,
propagation, purchase, receipt or sale of protected fish intended to be kept by
any person in Massachusetts; (b) define specific categories for which licenses
may be issued for the possession, maintenance, propagation or culture, or sale
of protected fish; (c) establish minimum requirements for the possession,
maintenance and culture or propagation of protected fish; (d) establish
administrative procedures for the initial issuance and subsequent renewal of
licenses, and (e) otherwise implement the licensing provisions of M.G.L. c.
131, § 23.
(2) Definitions.
For the purposes of 321 CMR 4.09, the following words have the following
meanings:
Aquaculture means the propagation, culture and maintenance of
fish for the purpose of selling such fish or a product derived from such fish
in the regular course of business, or the culture of fish pursuant to a class 1
or class 2 license, but not including the scientific or educational
propagation, culture and maintenance of fish, or the sale of exempt live fish
as pets in a pet shop as regulated pursuant to M.G.L. c. 129.
Aquarium means a permanent site or a permanent location of less
than 4356 square feet of surface area where a collection of living
nondomesticated animals are maintained for regular exhibition to the public or
as pets, and includes a zoo as defined in
321
CMR 2.12(2).
Class 1 - Class 3, and Class 6 Licenses means respectively
licenses issued under authority of clauses 1 through 3, and clause 6, M.G.L. c.
131, § 23.
Culture means to use an artificial or enhanced natural
environment in order to induce growth, development, or reproduction.
Director means the Director of the Division of Fisheries and
Wildlife or his agents.
Division means the Massachusetts Division of Fisheries and
Wildlife, 251 Causeway Street, Boston, MA 02114 (telephone
617-626-1590).
Educational Use means a use or uses as contained in a course of
training, of any extent or duration, and which pertains to the acquisition,
development, or maintenance of a person's moral, intellectual, vocational, and
physical faculties, insofar as such course of training shall relate to
fisheries or wildlife, and the habitats, ecological relationships, or the
environment thereof.
Expansion means an increase in the area used to hold fish
during culture or maintenance.
Fish means any vertebrate of the classes Cyclostomata or
Osteichtheyes not otherwise exempted in the exemption list found at
321 CMR 9.01, and
shall additionally include the parts, spawn and viable eggs thereof.
Gender means, unless the context requires otherwise, that words
importing the masculine gender shall include the feminine and neuter.
Maintain means that fish are kept in indoor or outdoor
confinement by a person or otherwise held under artificial conditions which
allows exclusive control over them. Fish which are maintained remain in the
same physical condition and life stage at which they were obtained by the
permittee. Such fish may be supplied with food, or are otherwise cared for, but
are not bred or allowed to reproduce.
Native means fish species that either occur or have occurred
within Massachusetts, provided that the original occurrence of such species was
not the result of deliberate or accidental introductions by humans.
Naturalized means fish species that have been introduced to
Massachusetts by humans and have established selfsustaining populations.
Navigable Waters means all waters in creeks, coves, inlets, and
arms of the sea or rivers that are:
1.
within the ebb and flow of the tide, or
2. defined as navigable by the U.S. Army
Corps of Engineers.
Permit or License means a license issued pursuant to M.G.L. c.
131, § 23.
Person means any individual, corporation, partnership, trust,
association or other private entity or any officer, agent, department or
instrumentality of the federal government or any state or its political
subdivisions, including but not limited to any agency, department, board,
commission or authority thereof.
Propagate means the natural or artificial reproduction of
fish.
Scientific Use means a use or uses concerned with the
classification, formulation, verification, and documentation of various natural
laws, principles, and events by induction, deduction, hypothesis, and
experimentation, including, but not limited to, the collection, analysis,
propounding, and display of data, whether written, recorded or otherwise, and
of artifacts, specimens, and similar physical samples, and shall further relate
generally to the physical world and its associated phenomena, and specifically
to those branches of systematized knowledge categorized as zoology, botany,
ecology, wildlife management, fisheries management, medicine, and veterinary
medicine, or such other skills and disciplines which shall require such use or
uses.
(3)
Licenses. Unless otherwise provided by M.G.L. c. 130 or c. 131, or any rule or
regulation issued under the authority thereof, it is unlawful for any person to
possess, maintain, propagate or culture, sell, barter, or offer to sell or
barter any fish without having a valid license issued to them by the Director
in one of four classes.
(a) A class 1 private
waters license (including a class 1 special propagator's license) authorizes
any individual to possess, propagate, culture, maintain and buy fish at any
time for the personal use of himself, his immediate family or guests; or to any
club or association, or its members or guests, a special propagator's license
to possess, propagate, culture and maintain fish at any time for the purpose of
fishing within waters under the exclusive control of such club or association
for the personal use of the members and guests thereof. A class 1 private
waters license may be issued for Type A fish species only. Sale of fish is not
allowed under a class 1 private waters license.
(b) A class 2 public stocking license
(including a class 2 special propagator's license) authorizes any individual,
club or association to possess, propagate, culture, maintain and buy fish for
the purpose of liberation into public waters. Notwithstanding the species
restrictions in 321 CMR 4.09(4)(b), a class 2 public stocking license shall
allow the propagation and liberation of fish in waters approved by the
Director. A class 2 public stocking license may be issued as a Letter Permit in
accordance with M.G.L. c. 131, § 4(2) and
321 CMR
2.02 but shall otherwise conform to the
requirements of 321 CMR 4.09.
(c) A
class 3 aquaculture license (including a class 3 propagator's license)
authorizes any individual, club or association to possess, propagate, culture,
maintain, buy, sell or otherwise dispose of fish at any season of the year. A
class 3 aquaculture license may be issued for Type A, B, or C Aquaculture
Facilities, as the case may be, and shall be designated class 3A, 3B, or 3C
licenses.
(d) A class 6 dealer's
license authorizes an individual to possess, maintain, buy, sell, or offer for
sale fish or parts thereof lawfully imported or propagated within
Massachusetts. Fish maintained alive under a class 6 dealer's license are
subject to the species and facilities restrictions established in 321 CMR
4.09(4).
(4) Aquaculture
Facilities. Aquaculture licenses issued pursuant to 321 CMR 4.09 may be
obtained for the following types of aquaculture facilities:
(a) Type A Aquaculture Facility. This
facility authorizes the propagation, culture or maintenance of those fish
specified in 321 CMR 4.09(4)(b). Type A facilities must have all intake and
outflow water conduits screened in such a manner as to prevent the escape of
the smallest life stage of the fish being cultured at the facility.
(b) Type A Fish Species. These fish are
native or naturalized and present in the majority of watersheds in
Massachusetts or are listed as commercial bait species in
321 CMR
4.01(8)(a). The species
which may be propagated or maintained in Type A Aquaculture Facilities shall
include only: bluegill, brook trout, brown bullhead, brown trout, chain
pickerel, fathead minnow, golden shiner, largemouth bass, mummichog,
pumpkinseed, rainbow trout, white sucker, and yellow perch.
(c) Type B Aquaculture Facility. This
facility authorizes the propagation, culture or maintenance of those fish
specified in 321 CMR 4.09(4)(d). Type B facilities shall be enclosed by a fence
or other barrier which will effectively prevent trespass, theft, and vandalism.
Intake and outflow water conduits must be screened in such a manner as to
prevent the escape of the smallest life stage of the fish being cultured at the
facility.
(d) Type B Fish Species.
The species which may be propagated or maintained in Type B Aquaculture
Facilities shall include only those species that exist, as determined by the
Director, in the watershed of operation, provided that any species which may be
propagated or maintained in a Type A Aquaculture Facility may also be
propagated or maintained in a Type B Aquaculture Facility.
(e) Type C Aquaculture Facility. This
facility authorizes the propagation, culture or maintenance of those fish
specified in 321 CMR 4.09(4)(f). Fish species propagated or maintained under
this facility shall be separated physically and biologically from the aquatic
resources of Massachusetts. Type C Aquaculture Facilities shall not be allowed
in the 100 year flood plain as defined by the U.S. Federal Emergency Management
Agency. Type C facilities shall be located within a secure, permanent, and
enclosed building constructed so as to prevent mammalian or avian predation and
the escape of fish contained therein, and to minimize trespass, theft, or
vandalism. The facility shall also have an effective means of preventing the
discharge into the environment of biological effluents (including eggs, larvae,
fry, parasites, and diseases), a functional backup electrical system to insure
the continual maintenance of water quality treatment and water supply unless
all discharge from the aquaculture facility is to a municipal waste treatment
facility, and an acceptable non-polluting waste disposal plan which includes
provisions for the disposal of fish carcasses and offal.
(f) Type C Fish Species. The species which
may be propagated or maintained in Type C Aquaculture Facilities shall include
only: coho salmon, tilapia, white bass, and white bass X striped bass hybrids,
provided that any species which may be propagated or maintained in a Type A or
Type B Aquaculture Facility may also be propagated or maintained in a Type C
Facility. Species not listed in 321 CMR 4.09(b), (d), or (f) may be permitted,
at the discretion of the Director, for culture in Type C aquaculture
facilities.
(5)
Requirements for Agricultural Facilities:
(a)
Aquaculture shall not be permitted in great ponds or in navigable waters,
except as authorized by the Division of Marine Fisheries pursuant to M.G.L. c.
130.
(b) No riparian property owner
of a natural pond other than a great pond, or of an artificial pond of any
size, or of a non-navigable stream or brook shall enclose the waters therein
within the limits of his own premises unless he furnishes a suitable passage
for all anadromous fish naturally or historically frequenting such
waters.
(c) No person shall take or
attempt to take fish from a natural pond which is not a great pond, or an
artificial pond of any size, or a non-navigable stream or brook, where fish are
propagated or maintained under authority of a license issued pursuant to 321
CMR 4.09, without the written consent of the owner, proprietor, or lessee
thereof.
(d) All waters in which
fish are propagated and maintained subject to 321 CMR 4.09 shall be
conspicuously posted to that effect and shall bear the name of the
permittee.
(e) The propagation and
maintenance of fish for scientific and educational purposes shall be as
provided in 321 CMR 4.09(8).
(f)
Records and reports shall be kept and submitted as provided in 321 CMR
4.09(24).
(g) Culture of Atlantic
salmon may be conducted only with eggs, fry, parr, smolts, or adult fish which
have been obtained from a source approved by the Director.
(6) Recreational Fishing in Agricultural
Facilities. Recreational fishing may be allowed in waters licensed under a
class 1 private waters license or a class 3 aquaculture license, provided that
no person shall take or attempt to take fish from a natural pond which is not a
great pond, or an artificial pond of any size, or a non-navigable stream or
brook, where fish are propagated or maintained under authority of a license
issued pursuant to 321 CMR 4.09, without the written consent of the owner,
proprietor, or lessee thereof. Recreational fishing shall not be allowed in
waters licensed under a class 2 license. A class 1 private waters permittee, or
a class 3 aquaculture permittee allowing recreational angling shall maintain a
logbook, in which shall be recorded the date, number and species of fish, and
the name and signature of each angler removing any fish for which a bag limit
is established pursuant to
321 CMR
4.01 and which is removed for purposes other
than for aquaculture. Alternatively, in lieu of a logbook, a Class 3 permittee
may issue to the angler a dated receipt with the name of the permittee and
number and species of fish removed. Permittees shall keep said logbook, or a
copy of the dated receipt, as the case may be, for a period of two years.
(7) Propagation, Maintenance, and
Sale of Baitfish. Baitfish may be propagated, cultured, maintained, bought, and
sold in accordance with the following:
(a) A
class 3 aquaculture license may authorize the permittee to propagate, culture,
maintain and sell commercial baitfish species as listed in
321 CMR
4.01(8)(a), but shall not
authorize the taking of such fish from the wild in Massachusetts. An
importation permit pursuant to
321
CMR 2.15 shall be required to import such
commercial baitfish.
(b) A class 6
dealer's license may authorize the permittee to maintain and sell commercial
baitfish as listed in
321 CMR
4.01(8)(a), but shall not
authorize the taking of such fish from the wild in Massachusetts. An
importation permit pursuant to
321
CMR 2.15 shall be required to import such
commercial baitfish.
(8)
Propagation, Culture and Maintenance of Fish for Scientific and Educational
Purposes. A person seeking a class 3 aquaculture license for scientific or
educational purposes shall provide such justification and supporting
documentation as shall be required by the Director pertinent to the particular
situation. A class 3 aquaculture license for scientific or educational purposes
may be issued for any species, notwithstanding the species restrictions
specified in 321 CMR 4.09(4).
(9)
Application. A person seeking a license provided for in 321 CMR 4.09(3) shall
complete a written application on forms supplied by the Director. Completed
applications shall include a self-addressed stamped envelope and be addressed
to the Permit Section of the Division.
(10) Information and Requirements. All
initial license applications shall contain the following information. Renewal
license applications shall include but not be limited to 321 CMR 4.09(10) (a),
(c), (e), (g), and (h).
(a) the applicant's
name, address, and telephone number where he can be reached between the hours
of 9:00 A.M. to 5:00 P.M.;
(b) the
applicant's date of birth;
(c) in
the event the applicant is a corporation, firm, partnership, institution or
agency, either public or private, the name, address and telephone number of the
president, director, head or principal officer;
(d) the location or locations where the
licensed activity will be conducted;
(e) the species or types of fish or parts
thereof which are to be propagated, cultured, maintained, or sold;
(f) the specific source or sources from which
the fish are to be obtained;
(g)
the date of the application;
(h)
the applicant's signature executed under the pains and penalties of
perjury;
(i) for a class 3 license,
accurate diagrams, models or drawings in scale or pictures depicting the
precise physical conditions under which the fish will be maintained;
(j) for a class 6 license, or for a class 3
license issued for commercial purposes, a signed affidavit certifying that the
applicant has to the best of his knowledge paid all state taxes as required by
the Massachusetts Department of Revenue;
(k) a written plan detailing the intended
activity for which the fish are to be maintained, the disposition of the fish
if relevant, and other information pertinent to a full explanation and
justification for the possession of the fish; and
(l) for a class 3C aquaculture license, a
waste management plan as provided for in 321 CMR 4.09(4)(e).
(11) Special Requirements for Sale
of Fish as Food.
(a) A class 6 dealer shall
obtain a license for each additional place of business, at a cost to be
determined annually by the Commissioner of Administration and
Finance.
(b) Class 6 dealer's
licenses shall be conspicuously posted in a public place in the permittee's
place of business.
(c) Packaging,
marking or tagging of fish shall be as provided in 321 CMR 4.09(20)(b) and
(c).
(12) Fees. All
applications and renewals shall be accompanied by the appropriate fee indicated
on the application in the form of a check or money order payable to the
Division of Fisheries and Wildlife. Cash may be used only when the application
is made in person.
(13) Exception.
Payment of fees shall not be required of any federal, state, or municipal
agency or official, nor of any person under contract to the Division of
Fisheries and Wildlife or otherwise involved in projects conducted or directly
supervised by the Division of Fisheries and Wildlife.
(14) Abandoned Applications. Upon receipt of
an incomplete application, an improperly executed application, or an
insufficient fee, the applicant shall be notified of the deficiency. If the
applicant fails to supply the requested information, pay the required fee or
otherwise fails to correct the deficiency within 60 days following the date of
notification, the application shall be considered abandoned and shall be
returned to the applicant.
(15)
Denials. Applications for a license provided for in 321 CMR 4.09(3) shall,
unless otherwise provided, be denied when:
(a)
the application is for a license to possess, maintain, propagate or culture
fish as pets except as otherwise provided for in 321 CMR 4.09(15)(f);
(b) the application is for a class 3 license
to possess, maintain, culture or propagate fish for purposes or intentions
based purely on curiosity, impulse or novelty, or to provide for personal
amusement or entertainment;
(c) the
applicant has previous to the date of application been criminally convicted of
a violation of any provision of M.G.L. c. 131 or c. 131A, any provision of 321
CMR, or any federal statute or federal regulation which is related to the
activity for which the license is sought;
(d) the applicant has failed to disclose or
submit material information or has made false statements as to any fact in
connection with the application;
(e) a prior inspection of the facilities
where the fish will be possessed, maintained, propagated or cultured by a duly
authorized state or federal official has disclosed that the facilities do not
meet the requirements found in 321 CMR 4.09(4) and (19) and such deficiencies
have not been corrected within 30 days;
(f) the application is for a license to
possess fish in a commercial venture involving amusement or sport, other than
recreational fishing under a class 1 private waters license;
(g) the applicant for a class 3 or class 6
license has imported into or received in Massachusetts any fish without a valid
importation license as required by M.G.L. c. 131, § 19A;
(h) propagation, culture, maintenance of fish
at the facilities or in the waters described in the application may, in the
opinion of the Director, put the aquatic resources of Massachusetts at
risk.
(16) Issuance.
Class 3 or class 6 licenses may be issued only to applicants who substantially
document that the intended possession, maintenance, culture or propagation is
for:
(a) A class 3 license for an authentic
and legitimate scientific use certified by officials of a generally recognized
scientific institution such as museums of a zoological or biological nature,
zoological or biological departments of an accredited college or university, or
a public or private research institute for fish studies;
(b) A class 3 license for an authentic and
legitimate educational use certified by zoological or biological officials of a
generally recognized educational institution such as an accredited college or
university or a public or private school;
(c) A class 3 license for the commercial
propagation, culture or maintenance of fish for sale other than sale as
pets;
(d) A class 6 license for the
commercial maintenance of fish for sale other than sale as pets;
(e) A class 3 license for fish held or
propagated under holding agreements or in conjunction with breeding programs of
established zoos or aquaria licensed by the U.S. National Marine Fisheries
Service;
(f) A class 3 license for
the captive propagation of endangered or threatened fish under the auspices of
a written captive propagation program approved by both the Director and the
Fisheries and Wildlife Board;
(g) A
class 3 license for any protected fish lawfully possessed prior to July 1,
1980.
(17) Temporary
Possession Permit. Persons may temporarily possess fish in Massachusetts
provided a temporary possession permit is obtained from the Director. The
applicant shall supply the Permit Section of the Division with the dates, times
and locations where the animals will be possessed, the purposes of the
temporary possession, a list of the animals being temporarily possessed, the
dates of their removal, and shall justify to the satisfaction of the Director
the necessity for such temporary possession.
(18) Inspections. Upon submission of a
properly completed application for a class 3C aquaculture license to be issued
pursuant to 321 CMR 4.09(3) and all required supporting documentation, an
Environmental Police Officer or an official of the Division, or both, shall
inspect the facilities to be used by the applicant for the culture and
maintenance of fish. Facilities may also be inspected at any reasonable time
after completion. The licensee shall provide conditions, as determined by the
director, sufficient to maintain all fish species being cultured, prevent
disease and parasitism of the cultured species, dispose of waste, and provide
for the maintenance or disposition of cultured fish in the event of the
licensee's absence, illness or death.
Class 3A or 3B aquaculture facilities, may, at the discretion
of the Director, be inspected prior to issuance of the license and at any time
thereafter to insure the well-being of the fish being propagated, the
safeguarding of the aquatic environment of Massachusetts, and compliance with
the provisions of 321 CMR 4.09. Class 1 and class 2 permittees and class 6
dealers shall, where applicable to the class of license, conform to the
requirements specified in 321 CMR 4.09(4) and (18). Class 1 and class 2
facilities and class 6 dealers may, at the discretion of the Director, be
inspected prior to issuance of the license and at any time thereafter to insure
the well-being of the fish being propagated, the safeguarding of the aquatic
environment of Massachusetts, and compliance with the provisions of 321 CMR
4.09.
(19) Restrictions.
Applications for a license issued pursuant to 321 CMR 4.09(3) shall
additionally comply with the following restrictions.
(a) Fish may be procured in the following
manner only:
1. lawfully propagated,
harvested, or taken outside of Massachusetts; or
2. lawfully propagated within Massachusetts;
and
3. unless otherwise provided
for by law or by permit from the Director, fish taken from the wild within
Massachusetts may not be propagated, cultured or maintained pursuant to M.G.L.
c. 131, § 23.
(b) Except
as provided in 321 CMR 4.09(19)(c), fish sold for food purposes must first be
killed and shall be packaged or wrapped in cartons, boxes, cans or other
containers which shall be plainly labeled with the name and address of the
permittee, and the species name, number and net weight of the fish contained
therein, provided that individual fish sold to an individual for his own
consumption as food may be tagged with a metal tag to be furnished to the
permittee at a cost to be determined annually by the Commissioner of
Administration and Finance and such tag shall remain attached to the fish until
prepared for consumption and shall not be reused. Permittee shall additionally
maintain a logbook or issue a dated receipt as provided for in 321 CMR 4.09(6).
A common victualler or a dealer may purchase dead fish or parts thereof from a
class 3 or class 6 permittee and sell the same to an individual for his own
consumption as food when the fish are wrapped, packaged, and labeled in
accordance with 321 CMR 4.09(19) (c) and such common victualler or dealer need
not be licensed pursuant to 321 CMR 4.09.
(c) A common victualler or a dealer, when
licensed in accordance with 321 CMR 4.09, may purchase live fish for resale to
an individual for his personal consumption as food, provided that a dated bill
of sale accompanies the purchase and is kept with the fish during the shipping
thereof and bears the name and address of the permittee and the purchaser, and
the species name, number, and net weight of the fish contained in the
shipment.
(d) Common victuallers or
unlicensed dealers may not possess or sell fish, live or dead, or parts
thereof, except in accordance with 321 CMR 4.09(19)(b) or (c).
(e) Live fish may not be taken from the
premises of class 1, 3, or 6 licensees except by holders of valid aquaculture
or liberation permits for the purposes of aquaculture or liberation, and except
that commercial baitfish may be removed from a licensed aquaculture facility
for use as bait. The seller must keep a record of the name, address, and permit
number of the buyer.
(20) Conditions. The Director may at any
time, in writing, establish conditions or restrictions to a license issued
pursuant to 321 CMR 4.09(3) if, in his opinion, the conditions or restrictions
are necessary for the preservation and protection of the health, welfare or
safety of the citizens of Massachusetts or of the fish, or to establish
criteria in furtherance of particular scientific or educational uses of fish.
The Director may, in all cases where such act would be possible, remove all
fish then inhabiting a pond or stream and plant them in waters open to the
public before a class 1 or class 3 license may be issued. Where such action is
impractical, the owner shall agree to reimburse the Commonwealth with purchased
fish of a kind and number designated by the Director.
(21) Agreement. All licenses issued pursuant
to 321 CMR 4.09(3) shall be signed by the licensee and such signature shall
constitute:
(a) an agreement by the licensee
to fully comply with all relevant provisions of law including but not limited
to M.G.L. c. 131, c. 131A, 321 CMR, and all applicable conditions and
restrictions of the license;
(b) an
agreement by the licensee to allow inspections at reasonable times of the
premises where the fish are kept by the Director, his agent, or an
Environmental Police Officer; and
(c) liability agreement.
(22) Amendments. Class 3 license holders
shall submit to the Director in writing any proposed change in the culture
facility or the species held at the facility covered by a pending application
or a current license. All such requested amendments and modifications shall be
subject to the provisions of 321 CMR 4.09.
(23) Records and Reports. Licensees shall
keep and maintain for no less than two years accurate records on forms supplied
by the Division of all animals possessed and maintained under authority of a
license. Said records shall be made available to the Director or to an
Environmental Police Officer upon request. Records shall contain the number,
place, method of disposition of fish, the person or persons to whom disposed
of, whether disposed of for aquaculture, food or otherwise, and such other
information as the Director may require. The Director may require, as a
condition of renewal, an annual report containing such information on fish
propagated, cultured, maintained, bought, or sold as he may deem appropriate
and such report shall be submitted not later than January 31 for the preceding
year.
(24) Renewal. Applications
for renewal of any license authorized to be renewed:
(a) shall be filed with the Division no later
than December 31 of each year;
(b)
shall contain any change in protected fish to be maintained;
(c) shall include an annual report as
provided in 321 CMR 4.09(23), where required;
(d) shall be subject to the provisions of 321
CMR 4.09 and relevant provisions of M.G.L. c. 131; and
(e) are subject to M.G.L. c. 30A, § 13, and
801 CMR 1.00 in the event a renewal is denied.
(25) Suspension or Revocation. Licenses
issued pursuant to 321 CMR 4.09 may be suspended or revoked in accordance with
the relevant provisions of M.G.L. c. 30A and 801 CMR 1.00 for:
(a) a violation of any provision of M.G.L. c.
131 or c. 131A;
(b) a violation of
any provision of 321 CMR;
(c) a
violation of any federal statute or regulation which is related to the activity
for which the license has been obtained;
(d) a violation of any condition or
restriction of the license; or
(e)
upon the request of an Environmental Police Officer if it is determined that
the licensee's operation causes an unnecessary threat to the public health,
welfare or safety or is not in the best interest of the fish.
(26) Effect of Suspension,
Revocation, or Non-Renewal. In the event a license is suspended, revoked or not
renewed, the licensee shall dispose of the fish within 60 days in a manner
required by the Director or in a manner provided for by the licensee with the
approval of the Director.
(27)
Prohibitions. Unless otherwise provided by M.G.L. c. 130, c. 131, c. 131A, or
any rule or regulation issued under authority thereof, it is unlawful for any
person:
(a) to import, possess, maintain,
culture, propagate or have custody of in Massachusetts any fish without a valid
license issued pursuant to 321 CMR 4.09;
(b) to falsify any license application or
renewal, provide false documentation in support of a license application or
renewal or fail to provide relevant and material information regarding a
license application or renewal;
(c)
to refuse to allow reasonable inspections of the premises where the fish are
kept at reasonable times by an Environmental Police Officer or by the Director
or his agent;
(d) to keep and
maintain any fish in a condition or under conditions which do not comply with
321 CMR 4.09(4) or (18);
(e) to
import, possess, sell or purchase any fish which was taken or propagated
unlawfully in or out of Massachusetts;
(f) to liberate into the wild fish possessed
and maintained under authority of a class 2 license without the Director or his
agent being present, unless the Director waives such right, or into waters not
otherwise approved by the Director;
(g) to sell a fish for food purposes which
has not been killed first and marked, labeled, or tagged as required by the
Director, except as provided in 321 CMR 4.09(19)(c) and (d);
(h) to violate any condition or restriction
of a license issued prior to 321 CMR 4.09;
(i) not to provide the Director with written
notification of a change in protected fish stock which is covered by a pending
application or a current license;
(j) not to maintain for at least two years
accurate records of all fish maintained and possessed or to falsify any such
record or to refuse to provide such records upon request to an Environmental
Police Officer or the Director;
(k)
to refuse or fail to comply with a disposal order of the Director issued
pursuant to 321 CMR 4.09(26).
Regulatory Authority: M.G.L. c. 131, §§ 23, 24, and
26.
Last Revised: 2016
