It is legal in RI and not in MA. It has been that way for years (can't cite the RI law but found this...
http://www.picassoamerica.com/picasso_open_rh.php)
I think it is a sport and I wish it was allowed in MA. As long as he only takes legal fish and agrees to a rec limits I don't have a problem with it. There are not too many guys that can do that.
Didn't look like a world record but it is hard to tell. Have you got a link to other photos?
BTW FishEye was (and still is) quite the free diver, I think he nationally competed some years back....He is from RI.