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Rhode Island Menhaden Bill

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#1 ·
BILL WOULD BAN COMMERCIAL TAKING OF MENHADEN IN NARRAGANSETT BAY

"Pogey Boats" would be prohibited from taking "the most important fish in the sea"

Bill H.5165 was introduced into the Rhode Island House of Representatives on
January 24, and would amend the R.I. General Law that designates Narragansett
Bay as a Menhaden Management Area.

In the past few years, evidence has been mounting that shows the beneficial
effects of menhaden to the marine environment. Each adult fish can filter about
four gallons of water per minute, removing large amounts of phytoplankton and
detritus from the water, leaving behind purer water that allows sunlight to
penetrate, encouraging the growth of aquatic plants, which in turn releases
oxygen into the Bay, encouraging the life of other fish and shellfish.

This bill was submitted at the request of the Rhode Island Saltwater Anglers
Association (RISAA), and was sponsored by Rep. Raymond Gallison, Rep. Peter
Kilmartin, Rep. Peter Palumbo, Rep. Peter Ginaitt, and Rep. Douglas Gablinski.
(A companion bill will also be introduced in the Senate, but because of printing
deadlines, it hadn't been done yet. We will acknowledge the sponsors next month)

Because of the importance of this bill, RISAA has partnered with Save The Bay, a
group which will provide support and assistance in passing this legislation.
"We know Menhaden are key to the ecosystem of Narragansett Bay, and deserve real
protection,” said John Torgan, Narragansett Baykeeper. “Save The Bay and RISAA
are joining forces to get better science and management for this most important
fish.”

Other groups which have heard about this legislation have contacted RISAA and
offered support. Scientists from the region, especially the Chesapeake Bay area
where much study has been done already, have offered to help.
Under the current law a company from Swansea, Massachusetts, is
allowed to seine millions of menhaden (called pogies locally) which they sell
mostly for lobster bait. The boat shows up each May at the same time menhaden
migrate into Narragansett Bay, and they stay for 4-6 weeks until most of these
fish have been harvested. When there aren't enough left to be financially
feasible to remain in Rhode Island, the boat moves on, spending the summer
fishing in New Jersey waters.

This law, if passed as written, would prohibit the taking of menhaden by purse
seine, which is the method currently used to harvest these fish. This would be
a strong addition to the current law which also bans taking menhaden for
reduction purposes (grinding them up for chicken feed, etc.).

The commercial seiners will still be able to take menhaden, but not in
Narragansett Bay where they are trapped in the Providence River, or along the
shoreline or harbors - easy targets for their spotter aircraft that directs the
boats to scoop up huge schools in a single day.

Beside protecting these fish for their water filtering qualities, an added bonus
is the possible increase in tourism and financial benefit to the state.
Menhaden are prized by recreational fishermen because they are the primary and
most desired food source for most local game fish such as striped bass, bluefish
squeteague, and summer flounder. When the menhaden are plentiful in
Narragansett Bay, so are the striped bass, drawing anglers from all over the region.

Lobstermen would also benefit from this bill. They often complain that striped
bass eat lobsters. That is because their primary food source, menhaden, has
been removed, so they eat to survive. By stopping the Bait Company from
taking most of the menhaden, striped bass and other game fish will consume the
fish nature intended, and this will help the lobster industry.

So, it would seem that passage of this bill is a win-win for almost everyone
concerned. The fish provide a benefit to recreational anglers, lobstermen,
Rhode Island’s economy, and most of all, contributes to a healthy Narragansett Bay.

(The complete text of the bill follows)
------------------
2007 — H 5165
=======
LC00615
=======
S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2007
____________
A N A C T
RELATING TO FISH AND WILDLIFE — MENHADEN MANAGEMENT AREA

Introduced By: Representatives Gallison, Kilmartin, Palumbo, Ginaitt, and Gablinske
Date Introduced: January 24, 2007
Referred To: House Environment and Natural Resources

It is enacted by the General Assembly as follows:
SECTION 1. Sections 20-4.1-1 and 20-4.1-3 of the General Laws in Chapter 20-4.1
entitled “Menhaden Management Area” are hereby amended to read as follows:

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.

20-4.1-3. Prohibition on the taking of menhaden. — (a) (1) 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.
SECTION 2. Section 20-4.1-2 of the General Laws in Chapter 20-4.1 entitled
“Menhaden Management Area” is hereby repealed.
SECTION 3. Chapter 20-4.1 of the General Laws entitled “Menhaden Management
Area” is hereby amended by adding thereto the following section:

20-4.1-2.1. Purse seining prohibited. – It shall be illegal to harvest menhaden
by use of purse seine in the Menhaden Management Area.
SECTION 4. This act shall take effect upon passage.

EXPLANATION BY THE LEGISLATIVE COUNCIL
OF A N A C T
RELATING TO FISH AND WILDLIFE — MENHADEN MANAGEMENT AREA
***
This act would prohibit the use of purse seining for the harvesting of menhaden.
This act would take effect upon passage.
 
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