By Richard Gaines and Steve Landwehr
Ending a historic freedom to fish the seas for the pleasure of it, Massachusetts' 500,000 saltwater anglers will be required to buy state licenses for $10 in 2011, as a result of a bill signed yesterday by Gov. Deval Patrick.
The legislation creating a registry of saltwater fishermen passed unanimously through the Legislature last week, stimulated by a federal requirement for a functional registry in each coastal state to improve data collection and knowledge.
But the federal government did not require a license fee.
The Recreational Fishing Alliance, a national organization of recreational fishermen, criticized the decision of the state to impose one.
"While RFA can appreciate the need for additional state funding," said Jim Hutchinson Jr., the organization's managing director, "using the federal mandate for data collection to legislate buy-in on a saltwater license is misrepresentation of federal intent."
The National Marine Fisheries Service has been chastised by the National Research Council for the informal manner of data gathering about recreational harvests, which are regulated together with commercial fisheries by the regional fishery councils and NMFS.
Most coastal states outside New England already have registries that would satisfy the mandate. Of the 23 states with ocean coastlines, only Maine, New Hampshire, Rhode Island, New Jersey, Virginia and Hawaii do not already require licenses.
But a state without a registry by 2011 would be required to have its saltwater fishermen join a federal database with a fee projected to be between $15 and $25.
Among the states like Massachusetts that had resisted selling saltwater fishing licenses, Rhode Island Gov. Donald Carcieri earlier this month vetoed a bill that would have charged $7 for a license, while, in New York, a backlash has begun to the law putting a $10 fee into effect.
In a telephone interview, Paul Diodati, Massachusetts' director of marine fisheries, said stakeholders urged the more expensive program for Massachusetts to expand facilities and management of the inshore fishery.
"Stakeholders wanted to see benefits added," he said. "It meant it would cost more."
According to Diodati's office, about 800,000 people fish recreationally in state waters, with about 300,000 living outside Massachusetts. So, if 500,000 people join the registry and pay the $10 fee, the state would have $5 million for improving recreational fishing and for program administration.
Carcieri vetoed a bill that was carefully crafted with input from the Rhode Island Saltwater Anglers Association, but he called the federal requirement "excessively intrusive."
"This is the Ocean State," the governor said. "It is a place where people have been free, up to now, to cast a line into Narragansett Bay without government intrusion."
In New York, two repeal bills have been filed with support from U.S. Sen. Charles E. Schumer. Three fishing towns on the east end of Long Island have filed suit to halt the implementation of the law; Attorney General Andrew Cuomo has refused to defend the law.
Schumer and his colleagues have plans for a free registry.
According to the Recreational Fishing Alliance, a national organization of recreational fishermen, "the federal government does not require states to implement a saltwater license."
The organization said in an e-mail that the reauthorization of the Magnuson Stevens Act does require states to create a "phonebook" of saltwater anglers, but not licenses "for funding purposes."
The Massachusetts law will require anglers to obtain a permit from the state Department of Fish and Game, with revenues deposited into a state Marine Recreational Fisheries Development Fund. The revenue will pay for data collection and administration of the permitting program, programs to improve public access for recreational fishing, and better fisheries management.
The bill exempts those younger than 16 and older than 59 and the disabled. It also sets aside two days a year to fish license-free. Those who fish on chartered boats will not need a license; only the captain need be licensed.
The state legislation allows money collected for licenses to be invested in the commonwealth's saltwater resources. If the federal government sets the fees, the money goes to the U.S. Treasury, with no promises on how it would be spent.
Hamilton resident Kalil Boghdan owns Downriver Charters and is a past president of the Massachusetts Wildlife Federation. He also fishes recreationally and said he approves of the new state requirement, conditionally.
"If the money is truly used for fisheries research, I'm all in favor of it," he said.
But he's not sure how many other anglers are aware of the coming requirement, saying he's heard little talk of it.
The Recreational Fishing Alliance said Massachusetts needed only to establish a state registry, "which can easily be modeled on the existing migratory bird harvest information program," at minimal cost.
Hamilton resident Kalil Boghdan owns Downriver Charters and is a past president of the Massachusetts Wildlife Federation. He also fishes recreationally and said he approves of the new requirement, conditionally.
"If the money is truly used for fisheries research, I'm all in favor of it," he said.
But he's not sure how many other anglers are aware of the coming requirement, saying he's heard little talk of it.
Swampscott angler Kent Garland sees himself as a recreational fisherman, but he's good enough at it that the state considers him to be a commercial fisherman. He's chasing tuna now and will go after stripers in the spring.
Like Boghdan, he supports the new requirement, but he's leery of its long-term impact.
"It's a good idea in theory for the statistics," he said. "But it will probably turn out to be just another tax."
State Rep. Brad Hill, the Ipswich Republican whose district includes Manchester, shares his wariness.
"That's something we're always concerned about," Hill said. "But we were very clear about keeping the money in the fish industry."
Staff writer Steve Landwehr contributed to this story by Richard Gaines, who may be contacted at 978-283-7000 x3464 or rgaines@gloucestertimes.com.
