White Dove, Inc. v. Director of Division of Marine Fisheries

In December, 1978, the plaintiff White Dove, Inc., a New Jersey corporation engaged in commercial fishing, commenced an action in the United States District Court for the District of Massachusetts attacking on various Federal and “pendent” State grounds the validity of *472322 Code Mass. Regs. § 6.04, a 1976 regulation of the Massachusetts Division of Marine Fisheries governing the taking of Atlantic bluefin tuna. Under the regulation, the plaintiff’s vessel White Dove could not obtain a “special permit,” which would entitle it to take bluefin tuna by purse seine, for the reason that it had…