Although our land-based brethren get the bulk of our attention at Farm Commons, our sea-going kin also need support. The laws related to raising and gathering oysters, seaweed, crustaceans, and more can be just as treacherous. Food from the oceans represents so much of our shared history and health together it can’t be ignored. A dispute playing out in Rhode Island right now is a great example of the parallels and urgency of marine law to our food system as a whole.
Going back to 1663, the people of Rhode Island were granted the right to exercise the trade of fishing without hindrance by England’s King Charles II (setting aside the issue of whether such rights were his to give considering Native communities governed the area also) through the Rhode Island Royal Charter. This time-honored tradition of foraging for sustenance carried into Rhode Island’s Constitution, Article 1, Section 17, stating that the people shall continue to enjoy and freely exercise all rights of fishery and the privileges of the shore…”. Not an outlier, half the states enshrine some ability to hunt and fish to citizens.
But this can lead to interesting conflicts in today’s modern environment. When the Rhode Island legislature wrapped up this year’s session in June, they passed a law restricting a piece of shoreline to “passive outdoor recreation,” which appeared to have been designed to stop a 1-acre oyster farm from going in. Brothers John and Patrick Bowen have been trying for 4 years to launch an oyster farm in the area called Sapowet Cove. Waterfront homeowners oppose the oyster farm on the grounds that it will get in the way of their fishing, boating, and recreation.
All this might sound familiar to land-based farmers. Although many states have taken steps to protect farmers’ ability to pursue their livelihood, it has led to conflicts with landowners who have concerns about how production agriculture affects their quality of life. Many states have passed so-called Right to Farm laws. A person could be excused for thinking these laws somehow protect the ability of people to choose to go into farming as a vocation. It’s not that simple. Many of these laws actually control the ability of citizens to file nuisance suits against neighbors they feel are causing pollution.
On land and at sea, clear heroes and obvious villains are hard to come by. The truth is buried beneath history, perspective, economic influences, and a pile of legal complications. The Bowens and others who share their interests claim that the Rhode Island constitution supersedes any state law that restricts aquaculture at the small scale envisioned by the entrepreneurs. Who is correct? It will take time for regulators, courts, and citizens to follow the process of adjudication on this one.
In the meantime, Farm Commons continues to push forward in developing more information on fishing, marine, and aquaculture legal issues. We recently worked with Local Catch Network to teach entrepreneurs about the complex area of marine employment law. (If you thought farm employment law was complex, hold on to your hats!) Tribal fishing rights are another fascinating and complex area of study we’ve been exploring. Reach out if you want to know more about these issues or want to partner on reaching producers on land and sea!