Legal Opinion
Roche v. Director of the Division of Marine Fisheries
Massachusetts Appeals Court
Decided May 18, 2010No. 09-P-447PublishedCited by 1 opinion
1Opinion of the CourtBrown, J.
The plaintiffs, Brian Roche and Douglas Marcella, *734are commercial fishers who claim that a State regulation promulgated by the defendant, the director of the division of marine fisheries (DMF) impermissibly limits their rights to fish in State waters because they hold Federal as well as State permits. Under the regulation, 322 Code Mass. Regs. § 7.01(4)(a) (2006), the plaintiffs are allowed to fish in State waters, but only in accordance with their Federal permits, unless they surrender those permits and fish in accordance with their State permits. Prior to adoption of the challenged…
2Cases cited15 opinions
- Dandridge v. WilliamsSupreme Court of the United States · 1970
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Maine v. TaylorSupreme Court of the United States · 1986
- Freightliner Corp. v. MyrickSupreme Court of the United States · 1995
- Sprietsma v. Mercury MarineSupreme Court of the United States · 2002
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3Cited by1 opinion
- Commcan, Inc., and Others v. Charlie Baker, in His Official Capacity as Governor of the Commonwealth of MassachusettsMassachusetts Superior Court · 2020