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| 2 | 2 | | SENATE DOCKET, NO. 1779 FILED ON: 1/16/2025 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 573 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Sal N. DiDomenico, (BY REQUEST) |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act to protect and preserve the northern right whale and other resident endangered whale and |
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| 13 | 13 | | sea turtle species. |
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| 14 | 14 | | _______________ |
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| 15 | 15 | | PETITION OF: |
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| 16 | 16 | | NAME:DISTRICT/ADDRESS :Richard Maximus Strahan 1 of 3 |
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| 17 | 17 | | SENATE DOCKET, NO. 1779 FILED ON: 1/16/2025 |
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| 18 | 18 | | SENATE . . . . . . . . . . . . . . No. 573 |
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| 19 | 19 | | By Mr. DiDomenico (by request), a petition (accompanied by bill, Senate, No. 573) of Richard |
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| 20 | 20 | | Maximus Strahan, for legislation to protect and preserve the northern right whale and other |
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| 21 | 21 | | resident endangered whale and sea turtle species. Environment and Natural Resources. |
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| 22 | 22 | | The Commonwealth of Massachusetts |
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| 23 | 23 | | _______________ |
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| 24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
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| 25 | 25 | | (2025-2026) |
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| 26 | 26 | | _______________ |
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| 27 | 27 | | An Act to protect and preserve the northern right whale and other resident endangered whale and |
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| 28 | 28 | | sea turtle species. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 SECTION 1. Pursuant to chapter 131A of the General Laws, the Division of Fisheries |
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| 32 | 32 | | 2and Wildlife’s Natural Heritage and Endangered Species Program (NHESP) shall conduct an |
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| 33 | 33 | | 3annual review to determine the adverse impacts of the Division of Marine Fisheries' licensing |
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| 34 | 34 | | 4and regulation of recreational and commercial marine fisheries on all marine wildlife species |
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| 35 | 35 | | 5listed under the Massachusetts Endangered Species Act (MESA). Said review shall also assess |
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| 36 | 36 | | 6the collateral impacts on listed marine wildlife species caused by vessel activities in |
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| 37 | 37 | | 7Massachusetts coastal waters. The first review shall commence in January 2026, and subsequent |
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| 38 | 38 | | 8reviews shall be conducted annually for a period of five years. |
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| 39 | 39 | | 9 SECTION 2. In coordination with the National Oceanic and Atmospheric Administration |
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| 40 | 40 | | 10(NOAA), the New England Aquarium, the Center for Coastal Studies, and other reasonably |
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| 41 | 41 | | 11available wildlife non-governmental organizations, NHESP shall prepare and publish an annual |
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| 42 | 42 | | 12report for a period of five years, beginning in January 2026. Said report shall include: 2 of 3 |
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| 43 | 43 | | 13 (a) the annual sightings of all endangered whale species in Gulf of Maine coastal waters; |
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| 44 | 44 | | 14and |
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| 45 | 45 | | 15 (b) any injuries inflicted upon these endangered whale populations because of |
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| 46 | 46 | | 16anthropogenic activities. |
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| 47 | 47 | | 17 SECTION 3. NHESP shall evaluate the suitability of designating areas in Cape Cod Bay |
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| 48 | 48 | | 18and other Massachusetts coastal waters as MESA "significant habitats" for the Northern Right |
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| 49 | 49 | | 19Whale. This evaluation shall be conducted annually, commencing in January 2026, and |
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| 50 | 50 | | 20continuing for a period of five years. |
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| 51 | 51 | | 21 SECTION 4. (a) Beginning in fiscal year 2027, NHESP shall issue licenses for the |
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| 52 | 52 | | 22commercial harvesting of crabs and lobsters using innovative fishing gear designed to prevent |
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| 53 | 53 | | 23bycatch or injury to MESA-listed marine wildlife species, hereinafter referred to as "Sustainable |
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| 54 | 54 | | 24Fishing." |
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| 55 | 55 | | 25 (b) For the first year of issuance, NHESP shall authorize up to 25 Sustainable Fishing |
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| 56 | 56 | | 26licenses. An additional 25 licenses may be issued annually for the next four years. These licenses |
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| 57 | 57 | | 27shall be available to individuals and corporations, including nonprofit organizations, for a term |
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| 58 | 58 | | 28of five years. |
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| 59 | 59 | | 29 (c) Applicants for Sustainable Fishing licenses shall enter into an agreement with NHESP |
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| 60 | 60 | | 30to ensure compliance with methods that: |
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| 61 | 61 | | 31 (i) prevent bycatch or injury to MESA-listed marine wildlife species; and |
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| 62 | 62 | | 32 (ii) prevent adverse modification of the coastal marine environment. 3 of 3 |
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| 63 | 63 | | 33 (d) NHESP shall not impose restrictions on the number of lobsters or crabs that may be |
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| 64 | 64 | | 34harvested or on the locations or dates of licensed Sustainable Fishing activities, provided |
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| 65 | 65 | | 35compliance with the terms of the license agreement. |
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| 66 | 66 | | 36 SECTION 5. For purposes of financial assessment and environmental review by any |
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| 67 | 67 | | 37court or executive agency of the Commonwealth, the economic value of an individual Northern |
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| 68 | 68 | | 38Right Whale shall be set at $2,000,000. Any killing or serious injury of a Northern Right Whale |
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| 69 | 69 | | 39shall be deemed an economic loss of equivalent value to the Commonwealth. |
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