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February 14, 2008

Court: Assembly can limit commercial fishing licenses

The Rhode Island Supreme Court today issued a ruling that upholds the state legislature’s right to restrict the issuance of commercial fishing licenses as part of an overall effort to conserve and protect the state’s fisheries.

“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,” wrote Justice Francis X. Flaherty.

He wrote for the full court except Justice Maureen Goldberg, who did not participate.

-- Journal staff writer Peter B. Lord

The ruling was in response to an appeal of a Superior Court ruling that was filed by Steven Riley, who was a commercial fisherman in the 1970s before pursuing a career in engineering.

In 2003, Riley wanted to return to fishing so he applied for a commercial license that would provide him access to six species of finfish as well as quahogs and lobsters.

The year before, the General Assembly passed a law allowing the state Department of Environmental Management to limit the issuance of many commercial fishing licenses to help protect certain species of fish that were depleted.

DEM turned down Riley’s license application because he didn’t have a valid license from the previous year.

Riley argued DEM’s denial violated his fundamental right to pursue a lawful calling and violated his rights to equal protection and due-process under the law.

The Supreme Court found that Riley had no fundamental right to pursue the specific license he wanted and that DEM was not unreasonable because it was willing to issue him a license that would allow him to harvest 100 other species.

Posted by Brandie Jefferson  at 11:52 AM | Permalink

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