Sea Rover Fishing, Inc. v. Diodati

Neel, Stephen E., J.

Plaintiffs Sea Rover Fishing, Inc., Kathryn Ann Fishing, Inc., North Queen Fishing, Inc., and Leonard Ingrande (collectively, plaintiffs) move for (1) an order enjoining the defendant, Paul Diodati, Director of the Massachusetts Division of Marine Fisheries (Director), from implementing a condition on permits that prohibits purse seining for Atlantic bluefin tuna (bluefin tuna) in Cape Cod Bay for the 2008 season; and (2) summary judgment declaring the rights of the parties. Both motions are based on plaintiffs’ contention that the prohibition imposed by the permit…