• State

• Interstate

• Council/Federal

• Federal/International

 

STATE REGULATIONS

R. I. General Assembly

• Specific statutes on various species;
• Delegation of authority to administrative agency;
• Delegation of authority to the R. I Marine Fishery Council;

Area of impact;

• R. I. internal and territorial waters;

• R. I. licensed fishermen beyond the territorial sea in the absence of a federal plan;

• Nine members

• Director of DEM

• Three members of the commercial fishing industry

• Three members of the sport fishing industry

• Two at large seats for members knowledgeable in resource management issues

• Members serve for staggered terms

• Subject to the R. I administrative procedures act

• Generally meet monthly ( 12)

• Have species advisory panels, usually two + meetings a month/total of 30-40 per year

• Have promulgated approximately 600 regulations since the inception of the Council ( 30 species )
• Frequently adopt regulations within 70 day of the date the action was initiated

The Atlantic States Marine Fishery Commission was formed by an act of Congress 1941

• R. I is a member of the Atlantic States Marine Fishery Commission and has been since 1943

• All state Maine to Florida, NMFS, FW Service, District of Columbia, and the Potomac River Fishery Commission
  • Three members from each state

• The Director DEM, or designee
• A legislative representative
• A private citizen, nominate by the Governor, with consent of the Senate

• 22 policy boards/ meet 16 days a year/ 70-90 subcommittee meetings (total 100+)

• various subcommittee’s
  • Well defined public process
    • PID hearings
    • Advisory committees
    • State regulatory hearings
    • Meeting results on web
    • Major outreach effort with web
  • FMP based on the best science ( NMFS SARC/ Process)
  • FMP’S reviewed on an annual basis
  • Adaptive management/conservation equivalency
  • Emergency authority
    • Requires 2/3 vote
    • 4 hearings
    • 180 days
  • Joint planing process with Mid-Atlantic and N. E. Councils
  • Leverage on individual states
    • Compliance criteria in each FMP
    • Non-Compliance ruling/ change in Act 1993 " Atlantic Coastal Fisheries Cooperative Management Act "

• Frequently adopt regulations within six-month period of time. New FMP’s usually take 18 months if granted priority status
• Outside peer review each FMP every six years

• Eight councils nationally

• RI is a member of the N.E. Council

• 18 voting members/ state director from each state/13 members appointed at large/commercial, recreational, scientific, environmental

• Annual nominations by the Governor

• Wide-ranging powers, which include ability to implement data collection, permitting, limited entry, gear reductions, resource allocations etc.

• 20 committee’s

• Council’s formulate recommendations/ NMFS approves and implements the final rules
• Highly developed public process
• Scoping meetings
• Advisory committee meetings
• Oversight committee meetings
• Public hearing throughout the range
• Technical committee meetings
• Stock assessment meetings
• Plan monitoring meetings

• R.I. landing split between the two Councils

• SFA
• 10 National Standards
• National standard guidelines

 

• Administrative Procedures Act
• National Environmental Policy Act
• Regulatory Flexibility Act
• CZM
• Endangered Species Act
• Marine Mammal Act
• Executive Order 612 (Federalism )
• Executive Order 122866 ( Regulatory Planning)
• Executive Order 12630 ( Takings)
• Paperwork Reduction Act

• National Marine Fisheries Service retains exclusive control of HMS species on the east coast

• 50 stocks, 26 overfished

• Operating procedures, powers, and standards similar to the Councils

• Small portion of HMS stocks in U. S water therefore need international compliance

• International Commission for the Conservation of Atlantic Tuna ( ICCAT)

• 40 countries

• U.S./Canada issues/ 1984 decision/ 30 species