The ruling of apex court supported efforts to conserve fish stocks at the expense of some who want to exercise their right to fish. The court’s ruling upholds the General Assembly’s decision to pass a law that restricts the issuance of commercial fishing licenses as part of an overall effort to conserve and protect the state’s fisheries.
Justice Francis X. Flaherty wrote in the ruling that the General Assembly regulates fisheries in trust for the public, and it is precisely because ‘the rapacity of man’ remains a legitimate concern to the economic viability of this important industry that there is a need for conservation and preservation for future generations.
W. Michael Sullivan, director of the state Department of Environmental Management, which regulates commercial fishing, praised the ruling saying it was a “great decision, a righteous decision.” According to him the ruling upholds without qualification or limitation the licensing statute and [the] DEM’s administration of it.
Richard Fuka, president of the Rhode Island Fishermen’s Alliance, opined that the ruling was very much disappointing to every fisherman in the group. Fuka’s group represents many fishermen who feel harmed by the state’s efforts to reduce fishing. He informed it is useless now to argue for our constitutional rights. The alliance has filed several legal suits against the state’s regulation regarding commercial fishing.
In 2002 the General Assembly passed a law allowing the DEM to limit the issuance of commercial fishing licenses in order to preserve certain species of fish that were depleted. Commenting on that Flaherty said that these goals of conservation and concern for the viability of the fishing industry are legitimate. He also states that they are part of the General Assembly’s constitutional duty as the guardian of Rhode Island’s natural resources.
