Massachusetts General Laws

Mass. Gen. Laws ch. 130, § 63 (2026)

Exclusive rights of licensees or transferees; trespass on licensed area; treble damages

✓ current as of July 2026

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Section 63. The licensee or transferee, or his legal representatives, shall, for the purposes set forth in section fifty-seven and in accord with the terms set forth in said license, have during the term of the license or of any renewal thereof the exclusive use of the waters, flats or creeks described in the license, and the exclusive right to take all shellfish therefrom during the time therein specified, notwithstanding any regulations made by the aldermen, city council or selectmen of the city or town, subsequent to the issuance of such license or to the renewal thereof, as the case may be; provided, that this section shall not be construed to authorize any taking prohibited by law. The licensee or transferee, or his legal representatives, may in tort recover treble damages of any person who without his or their consent, unless otherwise authorized by law or by lawful regulation so to do, digs or takes shellfish of any kind, or shells, from such waters, flats or creeks, or disturbs the same thereon, during the continuance of the license or of any renewal thereof.

Notes of Decisions

Cited in 3 cases, 1983–2001 · leading case: Davis v. Zoning Bd. of Chatham, 754 N.E.2d 101 (Mass. App. Ct. 2001).

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Davis v. Zoning Bd. of Chatham, 754 N.E.2d 101 (Mass. App. Ct. 2001). “91, §§ 10A, 10C (authorizing municipal licensing of recreational and commercial moorings); G. L. c. 130, § 63 (shellfish licensee may sue anyone who takes or otherwise “disturbs” shellfish in his licensed area without his consent); Commonwealth v.”

Mellor v. Berman, 454 N.E.2d 907 (Mass. 1983). “…G.L.c. 137, §§ 1, 2, G.L.c. 242, §§ 4-6, G.L.c. 186, § 15F, G.L.c. 75D, § 14, G.L.c. 91, § 59A, G.L.c. 140, § 159, G.L.c. 130, §§ 63, 68A, G.L.c. 130, §§ 24, 27, and G.L.c. 131, § 42, with G.L.c. 165, § 24, G.L.c. 214, § 3A, G.L.c. 231, § 85J, G.L.c. 93, §§ 21, 42, and…”

Mellor v. Berman, 390 Mass. 275 (Mass. 1983). “…137, §§ 1, 2, G. L. c. 242, §§ 4-6, G. L. c. 186, § 15F, G. L. c. 75D, § 14, G. L. c. 91, § 59A, G. L. c. 140, § 159, G. L. c. 130, §§ 63, 68A, G. L. c. 130, §§ 24, 27, and G. L. c. 131, § 42, with G. L. c. 165, § 24, G. L. c. 214, § 3A, G. L. c. 231, § 85J, G. L. c. 93, §§…”

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