Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S573 Latest Draft

Bill / Introduced Version Filed 02/27/2025

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