SECTION 1. Pursuant to chapter 131A of the General Laws, the Division of Fisheries and Wildlife’s Natural Heritage and Endangered Species Program (NHESP) shall conduct an annual review to determine the adverse impacts of the Division of Marine Fisheries' licensing and regulation of recreational and commercial marine fisheries on all marine wildlife species listed under the Massachusetts Endangered Species Act (MESA). Said review shall also assess the collateral impacts on listed marine wildlife species caused by vessel activities in Massachusetts coastal waters. The first review shall commence in January 2026, and subsequent reviews shall be conducted annually for a period of five years.

SECTION 2. In coordination with the National Oceanic and Atmospheric Administration (NOAA), the New England Aquarium, the Center for Coastal Studies, and other reasonably available wildlife non-governmental organizations, NHESP shall prepare and publish an annual report for a period of five years, beginning in January 2026. Said report shall include:

(a) the annual sightings of all endangered whale species in Gulf of Maine coastal waters; and

(b) any injuries inflicted upon these endangered whale populations because of anthropogenic activities.

SECTION 3. NHESP shall evaluate the suitability of designating areas in Cape Cod Bay and other Massachusetts coastal waters as MESA "significant habitats" for the Northern Right Whale. This evaluation shall be conducted annually, commencing in January 2026, and continuing for a period of five years.

SECTION 4. (a) Beginning in fiscal year 2027, NHESP shall issue licenses for the commercial harvesting of crabs and lobsters using innovative fishing gear designed to prevent bycatch or injury to MESA-listed marine wildlife species, hereinafter referred to as "Sustainable Fishing."

(b) For the first year of issuance, NHESP shall authorize up to 25 Sustainable Fishing licenses. An additional 25 licenses may be issued annually for the next four years. These licenses shall be available to individuals and corporations, including nonprofit organizations, for a term of five years.

(c) Applicants for Sustainable Fishing licenses shall enter into an agreement with NHESP to ensure compliance with methods that:

(i) prevent bycatch or injury to MESA-listed marine wildlife species; and

(ii) prevent adverse modification of the coastal marine environment.

(d) NHESP shall not impose restrictions on the number of lobsters or crabs that may be harvested or on the locations or dates of licensed Sustainable Fishing activities, provided compliance with the terms of the license agreement.

SECTION 5. For purposes of financial assessment and environmental review by any court or executive agency of the Commonwealth, the economic value of an individual Northern Right Whale shall be set at $2,000,000. Any killing or serious injury of a Northern Right Whale shall be deemed an economic loss of equivalent value to the Commonwealth.