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Originally Posted by big jay
In this case federal law does not supercede state law just b/c menhaden are a migratory species. The state of RI or any state for that matter has the right to restrict fishing - specifically gear types (ie seining) in their state waters.
The best example of this is Massachusetts has banned Tuna Seining in State Waters for 2006 (this includes all of Cape Cod Bay). Even though Bluefin are one of the most strictly managed federal species, Ma could supercede in state waters.
I know the Pogy boats are very well connected, but anything is possible. The Tuna seiners had a very powerful lobby and were finally limited due to years of outcry from many rec and commercial fisherman. Whether this ever happens in Narragansett bay or not is anybody's guess. But it is possible, and legal for the state to step in if they so desire.
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I beleive this is true that while the state cannot impose catch limits on a federaly managed species it can apply regulations as to what can happen where within it's own state waters. So yes, the state
could do something. Anyone have something concrete on this?
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