Section 5. The director and the director of the division of fisheries and wildlife, shall from time to time determine and establish the jurisdictional boundaries of each agency in rivers and streams flowing into the sea. Said jurisdictional boundaries may be based upon existing, man-made, natural, geographic or other known landmarks, or determined and established by other appropriate methods or means. If the director and the director of the division of fisheries and wildlife should disagree concerning the determination and establishment of said jurisdictional boundaries the dispute shall be referred to the commissioner, whose decision on the matter shall be final.

Terms Used In Massachusetts General Laws ch. 130 sec. 5

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

The determination and establishment of any jurisdictional boundary made pursuant to this section shall serve solely to distinguish the jurisdiction of the division from the division of fisheries and wildlife for purposes of fisheries management authority, shall be prima facie evidence of the jurisdiction of each respective agency, and shall have no other independent legal significance.

The director and the director of the division of fisheries and wildlife may prepare plans and maps delineating said jurisdictional boundaries, and shall file a copy thereof with the secretary of state and the director of the division of law enforcement.

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