Propositions Applicable to Designing a Fisheries Licensure System

Draft by K. Payne November 15, 2001

Proposition 1: Rhode Island has the responsibility to preserve fishing, including commercial fishing, for Rhode Islanders.

Subproposition 1A: Preservation of fishing entails actions to protect fishing for both current and future participants.

The interests of future participants should not be used to eliminate current participants.

The interests of current participants should not be used to eliminate opportunity for future participants.

Subproposition 1B: The fishing industry comprises both on shore businesses as well as on-water harvesting. Both components of the industry must be viable to have a viable industry.

Viability of on-shore businesses is increased by year round use of capacity.

The viability of year round harvesting enhances the viability of the industry overall.

Subproposition 1C: Fishing stocks fluctuate for a variety of reasons, and being able to shift effort from species that are less available and value to species that are more available and valuable increases the viability of the industry.

Rhode Island licensing and regulatory programs should have flexibility as a basic principle.

Proposition 2: Rhode Islanders have an equal right to fish that is not dependent on type of gear, type of vessel, or level of capitalization, subject to such restrictions as may be necessary to protect the resource for other current and future participants.

Subproposition 2A: Current participants in the fishery have an interest in maintaining their participation in the fishery in a manner that is economically viable.

Part-time and seasonal fishing is a legitimate form of fishing, that is part of the way of life of some participants in the industry.

Full time, year round fishing is a legitimate form of fishing that requires a higher level of capitalization and as a result higher operating revenues in order to be viable.

Subproposition 2B: Rhode Islanders not currently in the fishery have a legitimate interest in not being excluded from entering the fishery.

Rhode Island has a. responsibility to provide for new entry to current Rhode Islanders.

Rhode Island has a responsibility to provide for future entry into the fishery by Rhode Islanders.

A system of licensure that provides for transferability licenses as a commercial transaction could result in impairing, or even eliminating, the future ability of Rhode Islanders to enter the fishery.

Proposition 3: Rhode Island must recognize that its interests in the fishery overlap with the interests of other states and their fishing industries and the Federal government.

Subproposition 3A: Fishers from other states have participated and contributed the fishing industry in Rhode Island and have a legitimate interest in the Rhode Island fishing industry.

Subproposition 3B: Rhode Island fishers and fishing businesses have participated in the fisheries and fishing industry of other states and have a legitimate interest in the fisheries and the fishing industry of those other states.

Subproposition 3C: Rhode Island has an interest in acting in a manner that is reciprocal with other states.

Subproposition 3D: Rhode Island should presume that Federal systems of fisheries management are dynamic and should design its licensure system so that it is flexible and allows Rhode Island fishing industry participants to adapt readily to Federal changes.

Rhode Island should not assume that the Federal system of fisheries management (for example the quota system) is functionally rational at any given point in time (although it may have the appearance of theoretical rationality).

The Rhode Island licensure system should be based on what is necessary for the viability of current and future Rhode Island fishers and not on a specific Federal system that is both subject to change as a consequence of either effectiveness (positive or negative) or functional irrationality (not giving due consideration to predictable unintended consequences).

Proposition 4: Rhode Island has a responsibility to design a licensure system that is workable and effective.

Subproposition 4A: The licensure system should be easy to use by participants in the fishing industry.

The licensure system should recognize and respect that there are varying levels of technological capability among participants in the fishing industry.

Subproposition 4B: The licensure system should be susceptible to fair, predictable, and easy enforcement.

Subproposition 4C: The licensure system should facilitate real time management decisions that promote the viability of the fishing industry for Rhode Islanders.

Subproposition 4D: The licensure system should be administerable within the resources available to the administering agency.

Proposition 5: The process for adopting (and revising) the licensure system should be clear and predictable and should provide for 1) participation by the affected community and 2) consideration of the interests of current and prospective participants, in including their interest in the viability of the fisheries.