1 of 1 SENATE DOCKET, NO. 1779 FILED ON: 1/16/2025 SENATE . . . . . . . . . . . . . . No. 573 The Commonwealth of Massachusetts _________________ PRESENTED BY: Sal N. DiDomenico, (BY REQUEST) _________________ 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. _______________ 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 _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ 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.