Massachusetts General Laws

Mass. Gen. Laws ch. 130, § 17A (2026)

Management of marine fisheries

✓ current as of July 2026
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Section 17A. Upon petition signed by any interested party or upon his own motion, the director shall submit to the marine fisheries advisory commission proposals relating to the management of the marine fisheries. After public hearing, notice of which shall be published in a newspaper of general distribution in the areas affected, the commission shall in writing approve or disapprove such proposals. If any proposal is so approved, the director shall in accordance with such approval adopt, amend or repeal rules and regulations, subject to the approval of the commissioner, which shall govern the following activities only:

(1) The manner of taking fish;

(2) The legal size limits of fish to be taken;

(3) The seasons and hours during which fish may be taken;

(4) The numbers or quantities of fish which may be taken;

(5) The opening and closing of areas within the coastal waters to the taking of any and all types of fish; provided that no area shall be so opened or closed without the consent of the selectmen of the town or the mayor and council of the city affected thereby. Upon the request of the commission, the selectmen or mayor and council shall hold a public hearing upon the question and shall thereafter notify the commission in writing within forty-five days after such request has been received or consent will be deemed to have been granted.

Notes of Decisions
Cited in 5 cases, 1979–2010 · leading case: White Dove, Inc. v. Dir. of Div. of Marine Fisheries, 403 N.E.2d 1169 (Mass. 1980).
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White Dove, Inc. v. Dir. of Div. of Marine Fisheries, 403 N.E.2d 1169 (Mass. 1980). · cites it 2× “(See G. L. c. 130, § 17A, first par., and State Administrative Procedure Act, G.”
Strahan v. Coxe, 939 F. Supp. 963 (D. Mass. 1996). “unless he is the holder of a commercial fisherman permit”); Mass.”
Roche v. Dir. of the Div. of Marine Fisheries, 926 N.E.2d 559 (Mass. App. Ct. 2010). · cites it 2× “Our courts have observed that the empowering provisions of G. L. c. 130, §§ 17A and 80, authorize “ ‘the management of the marine fisheries’ in respect to ‘[t]he manner of taking fish[,]’ [which] is a power of considerable dimension.”
Smith v. Div. of Marine Fisheries, 384 N.E.2d 233 (Mass. App. Ct. 1979). “The scope of the power to adopt the challenged regulation is clearly delineated by the pertinent language of G. L. c. 130, § 17A, inserted by St. 1962, c.”
Sea Rover Fishing, Inc. v. Diodati, 24 Mass. L. Rptr. 387 (Mass. Super. Ct. 2008). · cites it 5× “Pursuant to G.L.c. 130, §17A, the Advisory Commission must approve or disapprove all proposed regulations.”
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