Tag Archives: Massachusetts Appeals Court
Massachusetts Appeals Court Upholds Applicability of WPA to Commercial Fishing Techniques Using Hydraulic Dredging Methods
The Massachusetts Appeals Court upheld the applicability of the state’s Wetlands Protection Act (WPA) to commercial fishing activities using hydraulic dredging methods on land under ocean and nearshore areas, clarifying municipal authority to impose additional requirements on activities in wetlands in relation to shell fishing. However, in the same opinion, the Court concluded that a town bylaw prohibiting hydraulic dredging in nearshore areas without a permit is preempted by state law as applied to sea clam and quahog harvesting. In Aqua King Fishery, the Conservation Commission of Provincetown alleged that Aqua King Fishery, LLC violated both Provincetown’s Wetlands Bylaw and the WPA when it failed to obtain the Commission’s approval for the use of hydraulic dredge fishing gear for commercial sea clam fishing near Provincetown’s shore. click here to read the story 16:22
Massachusetts Court Reverses Ruling in Rotten Scallop Coverage Dispute
The Massachusetts Appeals Court has reversed a lower court’s ruling in a case examining whether damage to scallops at a seafood processing facility, when the cause of damage is unknown, constitutes an occurrence within a commercial general liability (CGL) policy. A Superior Court judge previously concluded that defendant and insured, Raw 2 Seafoods Inc. (RSI), had no way of proving its claimed loss was caused by an occurrence and granted summary judgement in favor of the plaintiff and insurer, Hanover Insurance Group. This case, The Hanover Insurance Group, Inc. vs. Raw Seafoods, Inc., comes after a July 2011 event in which RSI-processed scallops were making their way through customs in Denmark, heading to an Atlantic customer. Upon inspection, the 37,102 pounds of scallops were found to be decomposed and were deemed unacceptable for human consumption. click here to read the story 15:51
Mashpee oyster farmer gets legal boost
Richard Cook, a Mashpee shellfisherman, has been fighting for three years with homeowners who have called his plans for a 1.9-acre oyster farm a nuisance and safety hazard. Cook has won local and state regulatory approval for his proposed farm but has been stymied by the lawsuits filed by homeowners. They also attempted to use a lobbying firm to put a provision into the state budget that would have killed the project. Read more here 08:11
