Pogy Boats and Recreational Fishermen

[spence]

Originally Posted by Clammer

I believe the area,s that were legally marked prohibited are area,s where there is very seldom any descent amount of pogies .. The agreement your thinking about is a gentleman,s agreement & we all know how good that is

Help me understand RI Law then...

§ 20-4.1-1 Designation of menhaden management area. – Narragansett Bay in its entirety is designated a menhaden management area. The area shall include the east and west passages of Narragansett Bay, Mt. Hope Bay, and the Sakonnet River, and be bordered on the south by a line from Bonnet Point to Beavertail Point to Castle Hill Light. The southern boundary will then extend from Land's End to Sachuset Point and then to Sakonnet Point. All sections of the management area north of a line from Spink Neck in the town of North Kingstown to Pine Hill Point on Prudence Island and from a point at Homestead Dock on the easterly shore of Prudence Island, thence northeasterly to Hog Island Shoal Light, thence to the most easterly end of the Mt. Hope Bridge in the town of Portsmouth, and north of a line extending from McCurry Point, so called, on the east side of the town of Portsmouth northeasterly in a line to the southerly point of Jack's Island, so called, in the town of Tiverton will be permanently closed to the taking of menhaden for reduction purposes by the use of purse seines.

§ 20-4.1-2 Areas where purse seining allowed. – All sections of the management area where purse seining for menhaden is allowed will be open as determined by the department of environmental management.

§ 20-4.1-3 Prohibition on the taking of menhaden. – (a) The taking of menhaden for reduction purposes (fish meal) is prohibited in Rhode Island and all state waters. A vessel will be considered in the reduction (fish meal) business if any portion of the vessel's catch is sold for reduction purposes.

(2) The director of environmental management shall have the power to make emergency rules regarding this prohibition to protect the public health and safety from an unexpected hazard or risk. The marine fisheries council shall be notified of all emergency rules on or before their effective date.

(b) These restrictions shall in no way prevent the taking of menhaden by purse seine for bait, chum, or purposes other than fish meal reduction.

I'd be curious to know what Federal law would keep RI from banning non-reduction fishing...given than it would seem they can certainly restrict it for reduction purposes...

And Bill, I'm not trying to start a fight...I just don't understand the law as written vs what you're saying

-spence