322 CMR, § 6.10 - Possession and Sale of Non-Endemic and Non-Native Species

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(1) Purpose. Possession and sale of non-native and non-endemic species by fishers and dealers, particularly the use of such species as bait, poses various bio-security risks related to the introduction of invasive species and pathogens that may be harmful to the Commonwealth' natural environment. Accordingly, the Division of Marine Fisheries is taking action to prevent this introduction by preventing its permit holders from selling or possessing certain non-endemic or non-native species.

(2) Definitions. For the purposes of 322 CMR 6.10, the following words shall have the following meanings:

Asiatic Freshwater Clam means that species known as Corbicula fluminea

Importation means to land, bring into, or introduce into, or attempt to land, bring into, or introduce into any place.

Pacific Lugworm means that species known as Perinereis aibuhitensis.

Person means any individual, firm, corporation, association, partnership, club, or private body, any one or all, as the context requires.

Possession means detention, control, or manual or ideal custody for any use whatsoever, either as owner, principal or agent, including but not limited to the act or state of possessing, holding, maintaining, handling or touching.

(e) Transportation means to ship, convey, carry or transport by any means whatever, and deliver or receive for such shipment, conveyance, carriage or transportation.

(3) General Restrictions. It shall be unlawful for any person, including any fisher, bait dealer, or seafood dealer, to possess, sell, or offer for sale any of the following species:

(a) Asiatic freshwater clam; and

(b) Pacific lugworm

Notes

322 CMR, § 6.10

Amended, Mass Register Issue 1262, eff. 6/6/2014. Amended by Mass Register Issue 1324, eff. 10/21/2016. Amended by Mass Register Issue 1336, eff. 4/7/2017. Amended by Mass Register Issue 1345, eff. 8/11/2017. Amended by Mass Register Issue 1438, eff. 3/5/2021. Amended by Mass Register Issue 1538, eff. 1/3/2025. Amended by Mass Register Issue 1547, eff. 5/9/2025.

State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.

(1) Purpose. Any importation, transportation, or possession of Corbicula fluminea, into or within the geographic boundaries of the Commonwealth of Massachusetts, is deemed to be injurious or potentially injurious to the maintenance, preservation, and/or protection of the marine fisheries resources of the Commonwealth. 322 CMR 6.10 is promulgated to manage the importation, transportation, and possession of Corbicula fluminea into or within Massachusetts so as to minimize the possibility of any such injury.

(2) Definitions. For the purposes of 322 CMR 6.10 the following words shall have the following meanings:

Corbicula Fluminea means that species of shellfish commonly known as the Asiatic freshwater clam.

Importation means to land, bring into, or introduce into, or attempt to land, bring into, or introduce into any place.

Person means any individual, firm, corporation, association, partnership, club, or private body, any one or all, as the context requires.

(e) Transportation means to ship, convey, carry or transport by any means whatever, and deliver or receive for such shipment, conveyance, carriage or transportation.

(3) General Restrictions. The importation, possession, and/or transportation by any person of Corbicula fluminea into or within the geographical boundaries or jurisdiction of the Commonwealth of Massachusetts is prohibited.

(4) Penalties. Violation of any provision of 322 CMR 6.10 shall be subject to the penalties set forth in M.G.L. c. 130, §§ 2, 9 and 12.

Notes

322 CMR, § 6.10