View Full Version : MA Saltwater License?


flatts1
09-10-2009, 10:36 PM
Hello All,

Has anyone heard about where we stand with MA passing a Saltwater Fishing license?

When I checked with Paul Diodati back in May, he described how his steering committee (made up of various recreational interests/organizations), had developed draft legislation. The next step was for those members to "move forward with acquiring support of their respective organizations for the legislation, then to seek legislative sponsors".

An example...

http://www.massachusettsstripedbass.com/licensevote52709.html

Last I heard folks were expecting legislation to be filed back in July.

Like it or not, one way or another we will have a recreational fishing license next year. If the state doesn't create one, then we will end up with the federal version, for good or ill.

It is September now and I am concerned that if legislation isn't filed soon with the MA legislature then there will not be enough time for the recreational community to weigh in on it and possibly offer feedback/alternatives before January.

Has anyone heard anything new about a MA Saltwater fishing license?

Thanks,
Mike F.

maddmatt
09-11-2009, 07:33 AM
question

0-3 mi out are state waters

can feds force a sw lic in state waters?

i know the answers is feds can force anything anywhere but has anyone pursued this angle?

JohnnyD
09-11-2009, 10:28 AM
question

0-3 mi out are state waters

can feds force a sw lic in state waters?

i know the answers is feds can force anything anywhere but has anyone pursued this angle?

I believe the Feds are how all this started with a law requiring a saltwater registry, but giving the states the option to manage it.

BasicPatrick
09-11-2009, 01:50 PM
There is news coming out this week

Mike P
09-11-2009, 03:39 PM
question

0-3 mi out are state waters

can feds force a sw lic in state waters?

i know the answers is feds can force anything anywhere but has anyone pursued this angle?

Yes. It's settled law. The Fed have almost unfettered power under the Commerce Clause of the Constitution, and it certainly extends to their power to manage migratory species.

They can't tell Massachusetts to impose a license. But what they can, and did, mandate was each state to create a registry of anglers who target migratory species. If a state declined, the Feds would impose a mandatory registry on their own.

The Feds can also force states into complying with things like the old 55 mph speed limit, or the now-universal ,08 threshhold for OUI, by threatening to withhold funding.