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ROCHE v. DIRECTOR OF THE DIVISION OF MARINE FISHERIES

No. 09-P-447.

76 Mass. App. Ct. 733 (2010)

BRIAN ROCHE & another v. DIRECTOR OF THE DIVISION OF MARINE FISHERIES.

Appeals Court of Massachusetts, Plymouth.

May 18, 2010.

Attorney(s) appearing for the Case

Stephen M. Ouellette for the plaintiffs.

Maryanne Reynolds, Assistant Attorney General, for the defendant.

Present: BERRY, BROWN, & SIKORA, JJ.

BROWN, J.

The plaintiffs, Brian Roche and Douglas Marcella, are 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...

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