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Has anyone actually seen the fish? I go back and forth between white marlin and sail. I don't think he'll get fined. It looks like you only need a federal HMS permit to fish for tuna in state waters:
To fish recreationally in federal waters for any Atlantic HMS, and within the waters of most Atlantic coastal states for Atlantic tunas, vessel owners must have a valid federal fishing permit for their vessel.
Federal length regs for sails are 63" fork length (excluding the bill) and 66" for white marlin. Without an actual measurement of the fish, I would think it would be impossible to determine if it was short.
Massachusetts adopts the Federal regulations for state waters.
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