Rhode Island 2023 Regular Session

Rhode Island House Bill H6359 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 6359
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7	7	LC002849
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO FISH AND WILDLIFE -- THE RHODE ISLAND MARINE MAMMAL
16	16	STRANDING AND RESPON SE ACT
17	17	Introduced By: Representatives Serpa, and Phillips
18	18	Date Introduced: May 03, 2023
19	19	Referred To: House Finance
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22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Title 20 of the General Laws entitled "FISH AND WILDLIFE" is hereby 1
24	24	amended by adding thereto the following chapter: 2
25	25	CHAPTER 5.1 3
26	26	THE RHODE ISLAND MARINE MAMMAL STRANDING AND RESPONSE ACT 4
27	27	20-5.1-1. Short title. 5
28	28	This chapter shall be known and may be cited as "The Rhode Island Marine Mammal 6
29	29	Stranding and Response Act". 7
30	30	20-5.1-2. Purpose. 8
31	31	The purpose of this chapter is to provide funding to support marine mammal rescue and 9
32	32	rehabilitation programs for marine mammals that become stranded in the waters of the State of 10
33	33	Rhode Island. 11
34	34	20-5.1-3. Legislative findings. 12
35	35	The general assembly hereby finds and declares that: 13
36	36	(1) The evidence of human-induced climate change is overwhelming and undeniable, and 14
37	37	the heaviest burden of climate change impacts will fall on the next generation. 15
38	38	(2) The ocean waters off the Rhode Island shoreline are warming at an accelerated rate, 16
39	39	directly impacting the migratory routes and population distribution of local marine mammal 17
40	40	species. 18
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44	44	(3) Rhode Island has seen a forty-seven percent (47%) increase in annual marine mammal 1
45	45	stranding reports along the shoreline since 2018, elevating the prevalence of human interaction and 2
46	46	harassment of marine mammals on local beaches. 3
47	47	(4) Block Island marine mammal stranding responses account for twenty-nine percent 4
48	48	(29%) of annual reports occurring in Rhode Island. Many tourists have not encountered marine 5
49	49	mammals in person before and have limited to no prior knowledge of existing federal laws that 6
50	50	protect marine mammals. 7
51	51	(5) There are currently one hundred thirty-seven (137) first responder volunteers that reside 8
52	52	who actively respond to stranded marine mammals reported in the State and simultaneously 9
53	53	mitigate human interactions while educating the public. 10
54	54	(6) Since 2018, there have been thirty-two (32) entanglement cases involving seals that 11
55	55	have been reported in Rhode Island with twenty-five (25) of those cases occurring on the remote 12
56	56	northern point of Block Island, often requiring additional resources for stranding response and 13
57	57	personnel safety. 14
58	58	(7) The combination of tourism and growth in the seal population has led to a rise in hotline 15
59	59	reports of stranded marine mammals. Last year alone, four hundred thirty (430) hotline reports of 16
60	60	stranded marine mammals occurred in the State of Rhode Island and two hundred eight (208) of 17
61	61	those calls were reporting marine mammals on Block Island. 18
62	62	20-5.1-4. Definitions. 19
63	63	As used in this chapter: 20
64	64	(1) "Emergency assistance" means financial assistance provided to respond to, or that 21
65	65	results from, a stranding event or entanglement event. 22
66	66	(2) "Entangle" or "entanglement" means an event in the wild in which a living or dead 23
67	67	marine mammal has gear, rope, line, net or other material wrapped around the marine mammal and 24
68	68	is: 25
69	69	(i) On lands under the jurisdiction of the United States, including beaches and shorelines; 26
70	70	or 27
71	71	(ii) In waters under the jurisdiction of the United States, including any navigable waters. 28
72	72	(3) "Marine wildlife stranding" means one of the following: 29
73	73	(i) Whales, dolphins, and porpoises (cetaceans) are considered stranded when they are 30
74	74	found dead, either on the beach or floating in the water, or alive on the beach and unable to return 31
75	75	to the water; 32
76	76	(ii) Seals and sea lions (pinnipeds) are considered stranded when they are found dead on 33
77	77	land or in the water, or are in need of medical attention. Because healthy pinnipeds come on land 34
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81	81	to rest, expert assessment may be needed to determine if they need help; or 1
82	82	(iii) Stranded sea turtles are considered stranded when as any ocean turtle found on land or 2
83	83	in the water that is dead, injured, or exhibits any indication of ill health or abnormal behavior. 3
84	84	20-5.1-5. Appropriations. 4
85	85	The general assembly shall allocate no less than five hundred thousand dollars ($500,000) 5
86	86	to the Rhode Island department of environmental management (DEM) to support the work of 6
87	87	eligible network participating nonprofit organizations whose missions prioritize conservation, 7
88	88	education and research and who conduct work in this state. The funding shall support: 8
89	89	(1) Increasing capacity at any eligible stranding network participating organization; and 9
90	90	(2) General operating costs for emergency response, rehabilitation and release of stranded 10
91	91	marine mammals which includes cetaceans (whales and dolphins) and pinnipeds (seals); 11
92	92	20-5.1-6. Marine mammal rescue and response program and rapid response fund. 12
93	93	(a) The DEM shall implement a funding program, to be known as the "the marine mammal 13
94	94	rescue and response grant program" ("the program"), to award funding to eligible stranding network 14
95	95	participants. 15
96	96	(b) Purposes. The purposes of the program are to provide for: 16
97	97	(1) The recovery, care, or treatment of sick, injured or entangled marine mammals; 17
98	98	(2) Responses to marine mammal stranding events that require emergency assistance; 18
99	99	(3) The collection of data and samples from living or dead stranded marine mammals for 19
100	100	scientific research or assessments regarding marine mammal health; 20
101	101	(4) Facility infrastructure and operating costs that are directly related to activities described 21
102	102	in subsections (b)(1) through (b)(3) of this section; 22
103	103	(5) Education and outreach materials to disseminate at marinas and fishing ports to educate 23
104	104	recreational boating and fishing communities; 24
105	105	(6) The mitigation and response to human interaction and entanglement cases including 25
106	106	travel costs to Block Island for marine mammal responses; 26
107	107	(7) Personnel costs related to hotline responses and outreach for marine mammal reports 27
108	108	and strandings; and 28
109	109	(8) Data collection and sampling of marine mammals to test and monitor for emerging 29
110	110	zoonotic diseases that could impact public health and safety within Rhode Island. 30
111	111	(c) Contract, grant, and cooperative agreement authority. 31
112	112	(1) The DEM may enter into a contract, grant, or cooperative agreement with an eligible 32
113	113	stranding network participant, for the purposes described in subsection (b) of this section. 33
114	114	(2) Emergency award flexibility. Following a request for emergency award flexibility and 34
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118	118	analysis of the merits of and necessity for such a request, the DEM may: 1
119	119	(i) Amend any contract, grant or cooperative agreement entered into under this section, 2
120	120	including provisions concerning the period of performance; or 3
121	121	(3) Give priority to entities focusing on marine mammal stranding. 4
122	122	(d) Application. To be eligible for a grant under the grant program, a stranding network 5
123	123	participant shall: 6
124	124	(1) Submit an application in such form and manner as the department director prescribes; 7
125	125	and 8
126	126	(2) Hold a Letter of Authorization (LOA), (50 C.F.R. ch. II § 216.188) from the National 9
127	127	Marine Fisheries Service to respond to stranded marine mammals in this state. 10
128	128	(e) Grant criteria. The DEM, in consultation with relevant state agencies, a representative 11
129	129	from the stranding region, and other individuals who represent public and private organizations that 12
130	130	are actively involved in rescue, rehabilitation, release, scientific research, marine conservation, and 13
131	131	forensic science with respect to stranded marine mammals, develop criteria for administering 14
132	132	funding under their respective programs. 15
133	133	(f) All recipients of the fund shall: 16
134	134	(1) Hold a federal Letter of Authorization (LOA) to respond to marine mammal stranding 17
135	135	in this state; and 18
136	136	(2) Be able to rescue, rehabilitate, and, if eligible, release marine mammals that are stranded 19
137	137	in this state. 20
138	138	(g) The general assembly hereby authorizes the appropriation to eligible Letter of 21
139	139	Authorization holders the sum of five hundred thousand dollars ($500,000) for each of fiscal years 22
140	140	2024 through 2030 to respond immediately to marine mammal strandings for the purposes of 23
141	141	rescue, rehabilitation, and releases. 24
142	142	20-5.1-7. Reporting. 25
143	143	A recipient of a contract, grant, or cooperative agreement under the marine mammal rescue 26
144	144	and response program shall report to the DEM annually for the duration of the contract, grant, or 27
145	145	cooperative agreement and the DEM shall report back to the general assembly and the governor no 28
146	146	later than December 31 of each year on the status and progress of the program authorized by this 29
147	147	chapter. 30
148	148	SECTION 2. This act shall take effect upon passage. 31
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155	155	EXPLANATION
156	156	BY THE LEGISLATIVE COUNCIL
157	157	OF
158	158	A N A C T
159	159	RELATING TO FISH AND WILDLIFE -- THE RHODE ISLAND MAR INE MAMMAL
160	160	STRANDING AND RESPON SE ACT
161	161	***
162	162	This act would establish the Rhode Island marine mammal stranding and response program 1
163	163	funded by the general assembly to support rescue and rehabilitation for marine mammals stranded 2
164	164	in the State of Rhode Island. The program would be administered and implemented by the 3
165	165	department of environmental management (DEM) with the amount of funding by the general 4
166	166	assembly to consist of five hundred thousand dollars ($500,000) each fiscal year from 2024 to 2030. 5
167	167	This act would take effect upon passage. 6
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