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

Enter Enter Enter

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

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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.