The right or privilage to fish

David Westfall out of Warwick Cove, RI caught this ten pound tautog at Kettle Bottom Rock off Jamestown, RI.

Rhode Islanders have a constitutional right to fish. It dates back to 1844. “The people shall continue to enjoy and freely exercise all the rights of fishery, and the privileges of the shore, to which they have been heretofore entitled under the charter and usages of this state. But no new right is intended to be granted, or any existing right impaired, by this declaration.” (Rhode Island Constitution, Article 1, Section 17, 1844).

Last week, three more states Arkansas, South Carolina and Tennessee approved constitutional rights to hunt and fish. This brings the total number of states to thirteen that have a constitutional right to fish and hunt. Additionally, two states, Rhode Island and California, guarantee the right to fish only. So that is a grand total of fifteen states that constitutionally guarantee the right to fish. One other state, Arizona, rejected a right to hunt and fish amendment on their November 2^nd ballot. The Humane Society of the United States spent $250,000 to defeat the effort with additional support from the Grand Canyon Chapter of the Sierra Club and the Animal Defense League of Arizona. These groups collectively outspent supporting groups by two to one to defeat the effort in Arizona.

Why are states passing right to fish and hunt amendments?

States have made fishing (and hunting) constitutional amendments because citizens fear that animal rights groups may someday successfully sue to shut down a fishery or hunting. Hunters also fear anti-hunter litigation from gun control supporters who may someday try to shut down hunting seasons. And, here in Rhode Island, anglers have always advocated for “access” and “rights of way” to the water to fish and fear that coastal towns and property owners would deny them access or make it difficult to fish with no available parking in the immediate area.

What do we mean by conservation?

In a recent article, New York Times environmental writer Erick Eckholm said many have struggled over the definition of the word “conservation”. The differences in the interpretation of the word’s meaning have created conflicting views about the right or privilege to fish and hunt.

Eckholm relates that what Teddy Roosevelt meant by the word “conservation” was “wise use”. That is the wise use of a resource by protecting habitat and preserving resources but also managing them in a scientific way for recreational and economic benefits. However, this definition of conservation can be conflicting. For example, many citizens support the wilderness areas, yet doubling the take of does in a place where deer are overrunning the landscape (like our islands in MA and RI). Eckholm said, “A fly-fishing group in Arizona, (is another) example, (they) helped impose restrictions that saved a native trout species” but yet endorsed “the proposal on the ballot… to enshrine hunting and fishing rights in the constitution.”

I believe it is OK to support the preservation of a species (like striped bass) yet advocate for the right to fish. I like Roosevelt’s definition of conservation. Anglers and hunters can both protect the environment, and fish and hunt responsibly. As Roosevelt said... conservation is the wise use of a resource by protecting it yet using it for recreational and economic benefit.

But do we really have the right to fish in Rhode Island or is it a privilege?

Rhode Islanders, as in other states do not have a right to fish with no restrictions. We have safeguards to protect species so they are sustainable at healthy levels. In fact, the right to fish and hunt amendment, which Tennesseans approved November 2^nd has safeguards built in. The amendment reads, “The citizens of this state shall have the personal right to hunt and fish, subject to reasonable regulations and restrictions prescribed by law. The recognition of this right does not abrogate any private or public property rights, nor does it limit the state’s power to regulate commercial activity. Traditional manners and means may be used to take non-threatened species.”

So although we may have a constitutional right to fish in Rhode Island and in fourteen other states, it is more like a privilege in that you must observe state and federal laws that protect the fishery. You must also pay a fee for a fresh or saltwater license to fish.

EPA denies petition that sought a ban on lead in fishing gear

The U.S. Environmental Protection Agency (EPA) has denied a petition calling for a ban on the manufacture, use and processing of lead in fishing gear. The EPA indicated that the petitioners have not demonstrated that the requested rule is necessary to protect against an unreasonable risk of injury to health or the environment, as required by the Toxic Substances Control Act (TSCA).

Local teen wins Junior World Championship Bassmaster title

In a hotly contested Junior Bassmaster World Championship, Chris Catucci of Warwick, RI (a Hendricken High School student), recently captured the 11 to 14 age group Junior World Championship title. Bass Publications reports that Catucci managed a 5-pound, 12-once bass to win, which earned him a $5,000 scholarship. This is a very big national tournament. Congratulations Chris!

Where’s the bite

Striped bass fishing off southern Rhode Island coastal beaches was very good this week. Angler Chris Jalbert reports catching striped bass 20” to 34” using surface plugs off Green Hill and Moonstone beaches. Both striped bass and blue fish were feeding on the surface from Newport to Watch Hill. Al Conti of Sung Harbor Bait & Tackle reports a good bass bite on Block Island this week. Stripers still biting on eels, tube and work and umbrella rigs. Ken Ferrara of Ray’s Bait & Tackle in Warwick, said, “The cool water has slowed the striped bass bite in the Bay.” Hopefully a little bit of warmer weather will enhance the striped bass bite.

Tautog fishing was good this week. David Westfall and Frank Joyal had a great day of tautog fishing at Kettle Bottom Rock off Jamestown. David said, “The best bite was in the 55 foot depth range… (green crabs) with peeled shell and cut in half worked best… Every fish we caught was a keeper. Frank’s biggest was over six pounds and mine was just over ten pounds.” I fished Coddington Cove missing the best part of an outgoing tide last week but managed to catch two nice keepers and about eight shorts. Striped bass were in the area along the wall as I saw several swirls while tautog fishing.

Black sea bass season opened this week and the few reports are good. Tom Pelletier said he, “Fished for sea bass with Ron Enright aboard the Nomad on Tuesday at Nebraska Shoals. Along with full limits of sea bass, we also boated monster scup, winter flounder, fluke, cod, bluefish and tautog. We used sea clams, squid, bucktails and, especially effective, the 2½-ounce Point Jude PoJees.”