Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H979 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 234 FILED ON: 1/7/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 979
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Patrick Joseph Kearney
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to a marine special activity license program.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Patrick Joseph Kearney4th Plymouth1/7/2025 1 of 6
16	16	HOUSE DOCKET, NO. 234 FILED ON: 1/7/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 979
18	18	By Representative Kearney of Scituate, a petition (accompanied by bill, House, No. 979) of
19	19	Patrick Joseph Kearney relative to a marine special activity license program. Environment and
20	20	Natural Resources.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 841 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act relative to a marine special activity license program.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 Chapter 130 of the General Laws is hereby amended by adding the following section:-
32	32	2 Section 107. (a) For purposes of this section, unless the context clearly indicates
33	33	3otherwise, the following terms shall have the following meanings:-
34	34	4 “Attract” or “attraction”, any activity that lures or may lure any marine organism to a
35	35	5person or vessel by using food, bait, chum, dyes, decoys, acoustics or any other means,
36	36	6excluding the mere presence of persons on the water including those persons conducting
37	37	7commercial or recreational fishing activity.
38	38	8 “Harvest”, the catching, taking or molesting of a marine organism by any means
39	39	9whatsoever, followed by a reduction of such organism or part thereof to possession. A marine 2 of 6
40	40	10organism that is caught and immediately returned to the water free, alive and unharmed is not
41	41	11harvested.
42	42	12 “Scientific research”, an activity that uses marine organisms to conduct 1 or more of the
43	43	13following:
44	44	14 (1) Research activity that involves the application of rigorous, systematic and objective
45	45	15procedures of observation, measurement and experiment to obtain reliable and pertinent data
46	46	16using an experimental design, controls and data analysis to test a stated hypothesis.
47	47	17 (2) Monitoring activity that involves making technical and scientific observations as a
48	48	18means of gathering data according to a predetermined study plan.
49	49	19 (3) Restoration activity that facilitates mitigation or recovery of marine organisms and
50	50	20includes subsequent monitoring to measure the success of the restoration effort
51	51	21 “Special activity license” or “license”, a permit for oceanic scientific research described
52	52	22in subsection (b).
53	53	23 (b) The division shall grant special activity licenses for oceanic scientific research,
54	54	24including but not limited to aquaculture or mariculture; scientific, environmental and biological
55	55	25collection and study, assessment or experimentation; collection and possession for education
56	56	26purposes; provided, that if conducting research, study results shall be presented in sufficient
57	57	27detail and clarity to allow for replication, or at a minimum, offer the opportunity to build
58	58	28systematically on findings; provided further, that if conducting monitoring, collected data shall
59	59	29be analyzed to detect physical or biological changes over time in marine organisms, their
60	60	30populations or communities; provided further, that if conducting restoration or mitigation, 3 of 6
61	61	31species such as oysters, corals, sponges, sea fans, sea whips and other marine organisms shall be
62	62	32repaired in the event that the species are damaged and the effectiveness of the restoration or
63	63	33mitigation activity shall be evaluated by subsequent monitoring.
64	64	34 (c) An application for a license shall be reviewed and approved by the director or a
65	65	35designated representative. The director may allow individuals outside of the division to review
66	66	36license applications; provided, that the individuals possess the biological, technical, regulatory
67	67	37and enforcement expertise necessary to appropriately evaluate a requested activity.
68	68	38 (d) The director shall review an application and grant or deny a license based on the
69	69	39following criteria:
70	70	40 (1) eligibility of the applicant;
71	71	41 (2) completeness of information submitted during the application process;
72	72	42 (3) consistency of the requested activities with the license type requested;
73	73	43 (4) degree of compliance with the terms and conditions set forth by a special activity
74	74	44license previously issued to the applicant;
75	75	45 (5) potential impacts of the type, size and method of attraction or harvest gear requested
76	76	46for use;
77	77	47 (6) biological status of the species requested, based on the best available information;
78	78	48provided, that in the absence of stock assessments, the director shall take a risk-averse approach
79	79	49and maintain minimal attraction or harvest levels until such time as the information is available
80	80	50to further evaluate the status of the species; 4 of 6
81	81	51 (7) life history strategies, genetic structure and ecology of the targeted species;
82	82	52 (8) degree of variation from division regulations;
83	83	53 (9) the extent of the requested attraction or harvest beyond the known total annual
84	84	54commercial and recreational attract or harvest of the stock;
85	85	55 (10) established attraction or harvest quotas for the species requested;
86	86	56 (11) locations of proposed attraction or harvest activities and facilities;
87	87	57 (12) intensity of localized attraction or harvest and attraction or harvest frequency;
88	88	58 (13) project specifications and methodologies;
89	89	59 (14) monitoring strategies;
90	90	60 (15) documented experience conducting successful restoration or mitigation activities;
91	91	61and
92	92	62 (16) any additional evaluation criteria specific to the applicable permit.
93	93	63 (e) A special activity license may be issued to:
94	94	64 (1) A principal investigator of a proposed or ongoing scientific research project who is on
95	95	65the faculty or is a student of a college, community college, university or secondary school.
96	96	66 (2) A principal investigator of a proposed or ongoing scientific research project who is
97	97	67affiliated with a marine research institute, laboratory, corporation or organization. 5 of 6
98	98	68 (3) A member of the scientific or technical staff of a marine research institute, laboratory,
99	99	69corporation or organization with demonstrated experience conducting successful restoration or
100	100	70mitigation activities.
101	101	71 (4) A member of the scientific or technical staff of a city, county, state or federal agency.
102	102	72 (5) A member of the scientific or technical staff of a certified aquaculture facility.
103	103	73 (f) (1) There shall be a non-refundable processing fee for a special activity license to be
104	104	74determined annually by the secretary of administration and finance pursuant to section 3B of
105	105	75chapter 7.
106	106	76 (2) An applicant for a license shall complete and submit an application in the form
107	107	77provided by the division.
108	108	78 (g) A special activity license holder shall submit the following to the division:
109	109	79 (1) An activity report detailing all license-related attraction, harvest or sampling activities
110	110	80that resulted in the permanent retention of marine organisms. The activity report shall be a report
111	111	81in addition to any required publications or technical, monitoring or final reports. The activity
112	112	82report shall include: (i) common and scientific names of the marine organisms attracted or
113	113	83harvested, both targeted and incidental; (ii) numbers and sizes attracted or harvested; (iii)
114	114	84locations of attraction or harvest by county; and (iv) disposition of all marine organisms attracted
115	115	85or harvested. The activity report for a license involving prohibited species shall also include the
116	116	86specific attraction or harvesting gear used. If mortality of a prohibited species occurred during
117	117	87attraction, harvest or subsequent possession, the report shall indicate the cause of death if known. 6 of 6
118	118	88If license related activities did not result in the permanent retention or mortality of any marine
119	119	89organism, the license holder shall submit a statement to that effect.
120	120	90 (2) A copy of any publications, technical, monitoring or final reports that were generated
121	121	91as a result of work conducted pursuant to the license. These reports shall include the notation that
122	122	92research was conducted pursuant to a specific license.