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Shellfish Licensing
in Rhode Island
Structure & Purpose, Status & Trends
Robert Ballou
RI Dept. of Environmental Management
RI Shellfish Management Plan Stakeholder Meeting
September 17, 2013
Outline
• Nature & Purpose of Licensing
• RI’s Licensing Program
– History
– Key Principles
– License Types
– Renewals, Upgrades, Transfers
– Issuance of New Licenses
• Status and Trends
• Management and Policy Issues
Why License?
• Identify participants in the fishery
• Administer regulatory & management
programs
– Convey information & requirements
– Maintain compliance (enforcement)
– Collect Fishery-Dependent Data
• Public Health/Food Safety
• Revenue Source → Management Programs
• Effort Control
Evolution of RI’s Licensing Program
• Open Access (through mid 1990s)
• 1st Legislative Response: 1st Moratorium (1995 – 1998)
• Open Access (1999)
• 2nd Legislative Response: 2nd Moratorium (2000)
 License Reform Initiative – Phase I (2001)
• 3rd Legislative Response: Reform Mandate &
3rd Moratorium (2001 – 2002)
 License Reform Initiative – Phase II (2001-2002)
• 4th Legislative Response: New Licensing Statute (2002)
• DEM Enactment of New Licensing Program (2003)
Key Aspects of Statute
• Move past boom-and-bust cycles of open access/moratoria
• Grandfather all existing license holders (as of 2002/2003)
• By and large, maintain existing fee structure
• Recognize the issuance of licenses as a management tool in controlling
fishing effort
• Establish a system that is adaptable to changing conditions in the fisheries
• Improve data collection
• Seek to protect and balance three main interests:
– RI’s marine fisheries resources
– Invested fishermen who rely on commercial fishing for their livelihoods
– Those seeking the opportunity to fish on a commercial basis
• Where possible and practicable, prioritize the interests of RI residents over non-
residents
Key Aspects of Regulatory Program
• Use of License Endorsements to segregate
access to certain species (restricted/controlled
vs. non-restricted/open)
• Use of Exit/Entry Ratios to control effort levels
– i.e., availability of new license endorsements
• Annual process of regulatory review and
modification, based on input from industry
and advise from RI Marine Fisheries Council
Types of Shellfish Licenses &
Associated Opportunities/Limits
RI Shellfish
Management
Areas
License
Type Endorsements Limits Cost
Full Harvest
Principal Effort (PEL)
Quahog
Soft Shell
Whelk
Other
12 bu/day (3 in MAs)
12 bu/day (3 in MAs)
300 pots
3 bu/day scallop/oyster
$150 License
No Fee for 1st
Endorsement
$75 each add’l
Multipurpose (MPL) N/A Same as PEL $300
Limited Harvest
Commercial Fishing (CFL)
Quahog
Soft Shell
Whelk
Other
3 bu/day
12 bu/day (3 in MAs)
300 pots
3 bu/day scallop/oyster
$50 License
$25 for each
Endorsement
Student *Quahog only 3 bu/day $50
Over 65 *Quahog only 3 bu/day No Fee
RI Shellfish Licenses – Commercial RI Resident Only
Vessel Declarations $25 for vessels ≤ 25 feet 50¢/ add’l foot > 25
License
Type Species Limits
Management
Area Limits
Cost
RESIDENT
No License Required
Quahogs, Soft
Shell Clams,
Mussels, Oysters
½ bu/day 1 peck/day
No Fee
Bay Scallop
Whelk
1 bu/day
5 pots
1 bu/day
5 pots
NON-RESIDENT
Yearly
Quahogs, Soft
Shell Clams,
Mussels, Oysters
Bay Scallop &
Whelk Prohibited
1 peck/day ½ peck/day
$200
Landowner (Yearly) Same as yearly Same as yearly Same as yearly $25
14-Day Same as yearly Same as yearly Same as yearly $11
RI Shellfish Licenses – Recreational
One Bushel in a Fish Basket
What’s a Bushel???
1 Bushel = 9.3 gallons
One Peck in a Fish Basket
What’s a Peck???
1 Peck = 2.33 gallons = ¼ Bushel
One Peck in a 5 gallon bucket
Licensing Provisions
Key Regulatory Terms
• Actively Fishing – Have fished commercially,
as a licensee, at least 75 days over the
preceding 2 calendar years, with some activity
in each year.
• Actively Participating – Have fished
commercially, as a crew member, at least 75
days over the preceding 2 calendar years, with
some activity in each year.
Renewals & Upgrades
Renewals
Anyone may renew their license, provided that they
meet the annual application deadline
Upgrades
Holders of Student Shellfish licenses, who have been actively
fishing their license for two years, may upgrade to a CFL with a
Quahog endorsement.
Holders of CFLs with a Quahog endorsement, who have been
actively fishing their license for two years, may upgrade to a
PEL with a Quahog endorsement
Holders of PELs or CFLs with Quahog and/or Soft Shell Clam
endorsements, who have been actively fishing their licenses,
may obtain a Whelk endorsement
Availability of New Shellfish Licenses
License Category Regulatory Standard
CFL
Quahog 2:1 exit/entry ratio, applied to all MPLs + PELs w/QH that
are retired
Soft Shell Clam 5:1 exit/entry ratio, applied to all MPLs + PELs w/SSC +
CFLs w/SSC that are retired
Whelk No new endorsements available
Shellfish Other Open
Student Shellfish Open
65 & Over Shellfish Open
Priority Status for New License Applicants
• New licenses (CFLs w/ Quahog, CFLs w/Soft Shell Clam) are
issued to applicants in accordance with their priority status.
• Top priority is afforded equally to each of the following three
groups:
1. Holders of CFLs who have been actively fishing in the shellfish fishery
2. Crew members who have been actively participating in the shellfish
fishery.
3. Holders of PELs who have been actively fishing in any fishery.
A/P – 2 yrs
Process for Entering and Advancing within the
Commercial Fishing Licensing Program
A/F – 2 yrs
PEL
(Other Fishery)
CFL
(Shellfish)
Crew Member
(Shellfish)
PEL
(QH)
PEL
(QH)
CFL
(QH)
CFL
(QH)
A/F – 2 yrs
A/F – 2 yrs
A/F – 2 yrs
A/F – 2 yrs
Student
Shellfish
EnterEnterEnter
As available
via new license
opportunities
Additional New License Opportunities
• Sale of Business – If you have been actively shellfishing, and if
you sell your vessel and gear and retire, the buyer may obtain
the same license previously held by the seller.
• Family Members or Crew Members – If you have been
actively shellfishing and retire, and if a family member or a
member of your crew has been actively fishing and/or actively
serving as crew, that person may obtain a new shellfish
license (CFL w/applicable endorsements)
Status & Trends
0
2
4
6
8
10
12
0
500
1000
1500
2000
2500
3000
1945 1950 1955 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010 2015
Licenses (No MPL) Meat Weight (MT) Unemployment Rate
Licenses and Landings - Quahogs
* NMFS Landings Data
License Type Endorsements Number
MPL N/A 853
PEL
Quahog 398
SS Clam 256
Whelk 146
SF Other 225
CFL
Quahog 158
SS Clam 174
Whelk 109
SF Other 171
Student *Quahog only 49
Over 65 *Quahog only 240
TOTAL 1698
Shellfish Licensing Totals - 2012
Issuance of New Quahog Licenses 2005-
2013
Year Exit/Entry Formula Number
Retired
New Licenses
Issued
2005 3:1 PEL w/QH 148 49
2006 3:1 PEL w/QH 143 43
2007 3:1 PEL w/QH 46 13
2008 3:1 PEL w/QH 49 16
2009 3:1 PEL w/QH 39 13
2010 3:1 PEL w/QH + MPL 48 16
2011 2:1 PEL w/QH + MPL 50 25
2012 2:1 PEL w/QH + MPL 54 27
2013 2:1 PEL w/QH + MPL 46 23
TOTALS -623 +225
Licenses Retired, New Quahog Licenses Issued
2003 - 2013
License Type 2003 Total 2013 Total Net Change
MPL 1191 829 -362
PEL w/QH 924 376 -548
CFL w/QH 271 420 +149
Student SF 107 48 -59
65 & ↑ SF 50 268 +218
TOTALS 2,543 1,941 -602
Total Number of Licenses for Quahogs- Grouped by License Type
2012 Quahogger Activity- Grouped by License Type
License
Type
Total
Licenses
Active % Active
Avg # of Days
Fished
Avg Quahogs
per Day
Full Harvest
PEL 398 204 51% 70 1055
MPURP 853 217 25% 67 1000
Limited Harvest
CFL 158 79 50% 46 837
Student 49 15 31% 29 820
Over 65 240 19 8% 17 606
Number of Active Licenses for Quahogs- Grouped by License Type
22%
# of Days Fished by Active Quahoggers - Grouped by License Type
93 fishers
under 40
years old
Only 19
under 40
full-time
(100+ days)
‘12-‘13‘08-‘11’03-‘07
Non-
Quahog
Shellfish
Other
Shellfish
Other
Whelk
Soft Shell
Clam
Soft Shell
Clam
Other Endorsements – PEL & CFL
License Fee Revenues
Management & Policy Issues
• Balancing access to new license opportunities with
maintenance of sustainable fisheries, both in terms of the
health of the resources and the economic viability of the
existing industry.
– We need to make the best use of the shellfish resources that
are available to us.
• Includes affording an optimal level of access to the resources, for
purposes of harvesting them, commercially and recreationally.
• Optimal level is some number of fishermen, extracting the resource
at some rate.
• We now look to you – i.e., all stakeholders – to help us
determine what that number should be.

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Shellfish Licensing in Rhode Island: Structure & Purpose, Status & Trends

  • 1. Shellfish Licensing in Rhode Island Structure & Purpose, Status & Trends Robert Ballou RI Dept. of Environmental Management RI Shellfish Management Plan Stakeholder Meeting September 17, 2013
  • 2. Outline • Nature & Purpose of Licensing • RI’s Licensing Program – History – Key Principles – License Types – Renewals, Upgrades, Transfers – Issuance of New Licenses • Status and Trends • Management and Policy Issues
  • 3. Why License? • Identify participants in the fishery • Administer regulatory & management programs – Convey information & requirements – Maintain compliance (enforcement) – Collect Fishery-Dependent Data • Public Health/Food Safety • Revenue Source → Management Programs • Effort Control
  • 4. Evolution of RI’s Licensing Program • Open Access (through mid 1990s) • 1st Legislative Response: 1st Moratorium (1995 – 1998) • Open Access (1999) • 2nd Legislative Response: 2nd Moratorium (2000)  License Reform Initiative – Phase I (2001) • 3rd Legislative Response: Reform Mandate & 3rd Moratorium (2001 – 2002)  License Reform Initiative – Phase II (2001-2002) • 4th Legislative Response: New Licensing Statute (2002) • DEM Enactment of New Licensing Program (2003)
  • 5. Key Aspects of Statute • Move past boom-and-bust cycles of open access/moratoria • Grandfather all existing license holders (as of 2002/2003) • By and large, maintain existing fee structure • Recognize the issuance of licenses as a management tool in controlling fishing effort • Establish a system that is adaptable to changing conditions in the fisheries • Improve data collection • Seek to protect and balance three main interests: – RI’s marine fisheries resources – Invested fishermen who rely on commercial fishing for their livelihoods – Those seeking the opportunity to fish on a commercial basis • Where possible and practicable, prioritize the interests of RI residents over non- residents
  • 6. Key Aspects of Regulatory Program • Use of License Endorsements to segregate access to certain species (restricted/controlled vs. non-restricted/open) • Use of Exit/Entry Ratios to control effort levels – i.e., availability of new license endorsements • Annual process of regulatory review and modification, based on input from industry and advise from RI Marine Fisheries Council
  • 7. Types of Shellfish Licenses & Associated Opportunities/Limits
  • 9. License Type Endorsements Limits Cost Full Harvest Principal Effort (PEL) Quahog Soft Shell Whelk Other 12 bu/day (3 in MAs) 12 bu/day (3 in MAs) 300 pots 3 bu/day scallop/oyster $150 License No Fee for 1st Endorsement $75 each add’l Multipurpose (MPL) N/A Same as PEL $300 Limited Harvest Commercial Fishing (CFL) Quahog Soft Shell Whelk Other 3 bu/day 12 bu/day (3 in MAs) 300 pots 3 bu/day scallop/oyster $50 License $25 for each Endorsement Student *Quahog only 3 bu/day $50 Over 65 *Quahog only 3 bu/day No Fee RI Shellfish Licenses – Commercial RI Resident Only Vessel Declarations $25 for vessels ≤ 25 feet 50¢/ add’l foot > 25
  • 10. License Type Species Limits Management Area Limits Cost RESIDENT No License Required Quahogs, Soft Shell Clams, Mussels, Oysters ½ bu/day 1 peck/day No Fee Bay Scallop Whelk 1 bu/day 5 pots 1 bu/day 5 pots NON-RESIDENT Yearly Quahogs, Soft Shell Clams, Mussels, Oysters Bay Scallop & Whelk Prohibited 1 peck/day ½ peck/day $200 Landowner (Yearly) Same as yearly Same as yearly Same as yearly $25 14-Day Same as yearly Same as yearly Same as yearly $11 RI Shellfish Licenses – Recreational
  • 11. One Bushel in a Fish Basket What’s a Bushel??? 1 Bushel = 9.3 gallons
  • 12. One Peck in a Fish Basket What’s a Peck??? 1 Peck = 2.33 gallons = ¼ Bushel One Peck in a 5 gallon bucket
  • 14. Key Regulatory Terms • Actively Fishing – Have fished commercially, as a licensee, at least 75 days over the preceding 2 calendar years, with some activity in each year. • Actively Participating – Have fished commercially, as a crew member, at least 75 days over the preceding 2 calendar years, with some activity in each year.
  • 15. Renewals & Upgrades Renewals Anyone may renew their license, provided that they meet the annual application deadline Upgrades Holders of Student Shellfish licenses, who have been actively fishing their license for two years, may upgrade to a CFL with a Quahog endorsement. Holders of CFLs with a Quahog endorsement, who have been actively fishing their license for two years, may upgrade to a PEL with a Quahog endorsement Holders of PELs or CFLs with Quahog and/or Soft Shell Clam endorsements, who have been actively fishing their licenses, may obtain a Whelk endorsement
  • 16. Availability of New Shellfish Licenses License Category Regulatory Standard CFL Quahog 2:1 exit/entry ratio, applied to all MPLs + PELs w/QH that are retired Soft Shell Clam 5:1 exit/entry ratio, applied to all MPLs + PELs w/SSC + CFLs w/SSC that are retired Whelk No new endorsements available Shellfish Other Open Student Shellfish Open 65 & Over Shellfish Open
  • 17. Priority Status for New License Applicants • New licenses (CFLs w/ Quahog, CFLs w/Soft Shell Clam) are issued to applicants in accordance with their priority status. • Top priority is afforded equally to each of the following three groups: 1. Holders of CFLs who have been actively fishing in the shellfish fishery 2. Crew members who have been actively participating in the shellfish fishery. 3. Holders of PELs who have been actively fishing in any fishery.
  • 18. A/P – 2 yrs Process for Entering and Advancing within the Commercial Fishing Licensing Program A/F – 2 yrs PEL (Other Fishery) CFL (Shellfish) Crew Member (Shellfish) PEL (QH) PEL (QH) CFL (QH) CFL (QH) A/F – 2 yrs A/F – 2 yrs A/F – 2 yrs A/F – 2 yrs Student Shellfish EnterEnterEnter As available via new license opportunities
  • 19. Additional New License Opportunities • Sale of Business – If you have been actively shellfishing, and if you sell your vessel and gear and retire, the buyer may obtain the same license previously held by the seller. • Family Members or Crew Members – If you have been actively shellfishing and retire, and if a family member or a member of your crew has been actively fishing and/or actively serving as crew, that person may obtain a new shellfish license (CFL w/applicable endorsements)
  • 21. 0 2 4 6 8 10 12 0 500 1000 1500 2000 2500 3000 1945 1950 1955 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010 2015 Licenses (No MPL) Meat Weight (MT) Unemployment Rate Licenses and Landings - Quahogs * NMFS Landings Data
  • 22. License Type Endorsements Number MPL N/A 853 PEL Quahog 398 SS Clam 256 Whelk 146 SF Other 225 CFL Quahog 158 SS Clam 174 Whelk 109 SF Other 171 Student *Quahog only 49 Over 65 *Quahog only 240 TOTAL 1698 Shellfish Licensing Totals - 2012
  • 23. Issuance of New Quahog Licenses 2005- 2013 Year Exit/Entry Formula Number Retired New Licenses Issued 2005 3:1 PEL w/QH 148 49 2006 3:1 PEL w/QH 143 43 2007 3:1 PEL w/QH 46 13 2008 3:1 PEL w/QH 49 16 2009 3:1 PEL w/QH 39 13 2010 3:1 PEL w/QH + MPL 48 16 2011 2:1 PEL w/QH + MPL 50 25 2012 2:1 PEL w/QH + MPL 54 27 2013 2:1 PEL w/QH + MPL 46 23 TOTALS -623 +225
  • 24. Licenses Retired, New Quahog Licenses Issued 2003 - 2013 License Type 2003 Total 2013 Total Net Change MPL 1191 829 -362 PEL w/QH 924 376 -548 CFL w/QH 271 420 +149 Student SF 107 48 -59 65 & ↑ SF 50 268 +218 TOTALS 2,543 1,941 -602
  • 25. Total Number of Licenses for Quahogs- Grouped by License Type
  • 26. 2012 Quahogger Activity- Grouped by License Type License Type Total Licenses Active % Active Avg # of Days Fished Avg Quahogs per Day Full Harvest PEL 398 204 51% 70 1055 MPURP 853 217 25% 67 1000 Limited Harvest CFL 158 79 50% 46 837 Student 49 15 31% 29 820 Over 65 240 19 8% 17 606
  • 27. Number of Active Licenses for Quahogs- Grouped by License Type
  • 28. 22% # of Days Fished by Active Quahoggers - Grouped by License Type
  • 29.
  • 34. Management & Policy Issues • Balancing access to new license opportunities with maintenance of sustainable fisheries, both in terms of the health of the resources and the economic viability of the existing industry. – We need to make the best use of the shellfish resources that are available to us. • Includes affording an optimal level of access to the resources, for purposes of harvesting them, commercially and recreationally. • Optimal level is some number of fishermen, extracting the resource at some rate. • We now look to you – i.e., all stakeholders – to help us determine what that number should be.