Rhode Island 2023 Regular Session

Rhode Island Senate Bill S0703 Compare Versions

Version 1 (Old)

Version 2 (New)

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5		-	2023 -- S 0703 SUBSTITUTE A ~~AS AMENDED~~
	5	+	2023 -- S 0703 SUBSTITUTE A
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7	7		LC001853/SUB A
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9	9		S TATE OF RHODE IS LAND
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 -- GENERAL PROVISIONS
16	16		Introduced By: Senators Sosnowski, and DiMario
17	17		Date Introduced: March 22, 2023
18	18		Referred To: Senate Environment & Agriculture
19	19		(Dept. of Environmental Management)
20	20
21	21		It is enacted by the General Assembly as follows:
22	22		SECTION 1. Sections 20-1-5.1 and 20-1-12 of the General Laws in Chapter 20-1 entitled 1
23	23		"General Provisions" are hereby amended to read as follows: 2
24	24		20-1-5.1. Advice of the marine fisheries council. 3
25	25		The director, in exercising authority under this title for the planning, management, and 4
26	26		regulation of marine fisheries, shall request and consider in the record as applicable the advice of 5
27	27		the marine fisheries council, and in the adoption of management plans and regulations affecting 6
28	28		licensing for marine fisheries, the director and shall provide a written response to the such advice 7
29	29		of the marine fisheries council. 8
30	30		20-1-12. Fixing of seasons and bag limits. 9
31	31		(a) The director is authorized to adopt regulations fixing seasons, bag limits, size limits, 10
32	32		possession limits, and methods of taking on any species of fish, game, bird, or other wild animal 11
33	33		occurring within the state, other than marine species regulated by the marine fisheries council. 12
34	34		(1) These regulations may prohibit the taking, holding, or possession of any species; 13
35	35		prohibit the taking, molestation, or disturbance in any way of nesting, breeding, or feeding sites of 14
36	36		any species; and/or prohibit, control, or regulate any commercial use, importation into the state, or 15
37	37		exportation from the state of any species. 16
38	38		(2) These regulations may be of statewide applicability or may be applicable in any 17
39	39		specified locality, or localities, within the state when the director shall find, after investigation, that 18
40	40		the regulations are appropriate. 19
41	41
42	42
43	43		LC001853/SUB A - Page 2 of 31
44	44		(b) Any person who violates any provision of this section, or any rule or regulation made 1
45	45		under the provisions of this section, shall be guilty of a civil violation and subject to a fine of one 2
46	46		hundred dollars ($100) for each offense. 3
47	47		(c) Notwithstanding any inconsistent provision of law, the traffic tribunal shall have 4
48	48		jurisdiction to hear and determine all violations specified in this section. 5
49	49		(d) The regulations shall be adopted only after the holding of a public hearing subject to 6
50	50		the provisions of the Administrative Procedures Act, chapter 35 of title 42. 7
51	51		SECTION 2. Section 20-2.1-9 of the General Laws in Chapter 20-2.1 entitled "Commercial 8
52	52		Fishing Licenses" is hereby amended to read as follows: 9
53	53		20-2.1-9. Powers and duties of the director. 10
54	54		It shall be the duty of the director to adopt, implement effective January 1, 2003, and 11
55	55		maintain a commercial fisheries licensing system that shall incorporate and be consistent with the 12
56	56		purposes of this chapter; in performance of this duty, the director shall follow the guidelines and 13
57	57		procedures set forth below: 14
58	58		(1) The rule-making powers of the director to accomplish the purposes of this chapter shall 15
59	59		include the following with regard to commercial fishing licenses and commercial fishing by license 16
60	60		holders: 17
61	61		(i) Types of licenses and/or license endorsement consistent with the provisions of this 18
62	62		chapter and applicable sections of this title, and limitations on levels of effort and/or on catch by 19
63	63		type of license and/or license endorsement; 20
64	64		(ii) Design, use, and identification of gear; 21
65	65		(iii) Declarations for data collection purposes of vessels used in commercial fishing, which 22
66	66		declaration requirements shall in no way, except as otherwise provided for in law, restrict the use 23
67	67		of any vessel less than twenty-five feet (25′) in length overall by appropriate holders of commercial 24
68	68		fishing licenses; 25
69	69		(iv) Areas in Rhode Island waters where commercial fishing of different types may take 26
70	70		place, and where it may be prohibited or limited, and the times and/or seasons when commercial 27
71	71		fishing by type or species may be allowed, restricted, or prohibited; 28
72	72		(v) Limitations and/or restrictions on effort, gear, catch, or number of license holders and 29
73	73		endorsements; and 30
74	74		(vi) Emergency rules, as provided for in chapter 35 of title 42, to protect an unexpectedly 31
75	75		imperiled fishery resource to provide access to a fisheries resource that is unexpectedly more 32
76	76		abundant and to protect the public health and safety from an unexpected hazard or risk. The marine 33
77	77		fisheries council shall be notified of all emergency rules on or before their effective date, and no 34
78	78
79	79
80	80		LC001853/SUB A - Page 3 of 31
81	81		emergency rule shall become a final rule unless it is promulgated as provided for in subdivision (3) 1
82	82		of this section. 2
83	83		(2) When implementing the system of licensure set forth in §§ 20-2.1-4, 20-2.1-5, 20-2.1-3
84	84		6, and 20-2.1-7, and other provisions of this title pertaining to commercial fishing licenses, permits, 4
85	85		and registrations, the director shall consider the effect of the measure on the access of Rhode 5
86	86		Islanders to commercial fishing, and when establishing limitations on effort and/or catch: 6
87	87		(i) The effectiveness of the limitation: 7
88	88		(A) In achieving duly established conservation or fisheries regeneration goals or 8
89	89		requirements; 9
90	90		(B) In maintaining the viability of fisheries resources overall, including particularly, the 10
91	91		reduction of by-catch, discards, and fish mortality, and in improving efficiency in the utilization of 11
92	92		fisheries resources; 12
93	93		(C) In complementing federal and regional management programs and the reciprocal 13
94	94		arrangements with other states; 14
95	95		(ii) The impact of the limitation on persons engaged in commercial fishing on: 15
96	96		(A) Present participation in the fishery, including ranges and average levels of participation 16
97	97		by different types or classes of participants; 17
98	98		(B) Historical fishing practices in, and dependence on, the fishery; 18
99	99		(C) The economics of the fishery; 19
100	100		(D) The potential effects on the safety of human life at sea; 20
101	101		(E) The cultural and social framework relevant to the fishery and any affected fishing 21
102	102		communities; and 22
103	103		(iii) Any other relevant considerations that the director finds in the rule-making process; 23
104	104		(iv) The following standards for fishery conservation and management, which standards 24
105	105		shall be understood and applied so far as practicable and reasonable in a manner consistent with 25
106	106		federal fisheries law, regulation, and guidelines: 26
107	107		(A) Conservation and management measurers shall prevent overfishing, while achieving, 27
108	108		on a continuing basis, the optimum yield from each fishery; 28
109	109		(B) Conservation and management measures shall be based upon the best scientific 29
110	110		information available and analysis of impacts shall consider ecological, economic, and social 30
111	111		consequences of the fishery as a whole; 31
112	112		(C) Conservation and management measures shall, where practicable, consider efficiency 32
113	113		in the utilization of fisheries resources, except that no such measure shall have economic allocation 33
114	114		as its sole purpose; 34
115	115
116	116
117	117		LC001853/SUB A - Page 4 of 31
118	118		(D) Conservation and management measures shall take into account and allow for 1
119	119		variations among, and contingencies in, fisheries, fishery resources, and catches; 2
120	120		(E) Conservation and management measures shall, where practicable, minimize costs and 3
121	121		avoid unnecessary duplication; 4
122	122		(F) Conservation and management measures shall, consistent with conservation 5
123	123		requirements of this chapter (including the prevention and overfishing and rebuilding of overfished 6
124	124		stocks), take into account the importance of fishery resources to fishing communities in order to (I) 7
125	125		Provide for the sustained participation of those communities and (II) To the extent practicable, 8
126	126		minimize adverse economic impacts on those communities; 9
127	127		(G) Conservation and management measures shall, to the extent practicable: (I) Minimize 10
128	128		by-catch and (II) To the extent by-catch cannot be avoided, minimize the mortality of the by-catch; 11
129	129		and 12
130	130		(H) Conservation and management measures shall, to the extent practicable, promote the 13
131	131		safety of human life at sea. 14
132	132		(3) Unless otherwise specified, rules and regulations adopted pursuant to this chapter shall 15
133		-	conform with the requirements of ~~the Administrative Procedures Act,~~ chapter 35 of title 42. (i) The 16
134		-	~~rule-~~making process set forth in this subdivision shall conform with the requirements of the 17
	133	+	conform with the requirements of chapter 35 of title 42 ("administrative procedures"). (i) The rule-16
	134	+	making process set forth in this subdivision shall conform with the requirements of the 17
135	135		Administrative Procedures Act, chapter 35 of title 42, and shall include a regulatory agenda for 18
136	136		marine fisheries management, with the advice of the marine fisheries council, in accordance with 19
137	137		the requirements of § 42-35-5.1; 20
138	138		(ii) The director shall submit a proposed rule to the marine fisheries council at least thirty 21
139	139		(30) days prior to the proposed date of the public hearing on the rule; 22
140	140		(iii) The public hearing shall be on either the rule as proposed to the marine fisheries 23
141	141		council by the director or a proposed revision to that rule adopted by the marine fisheries council; 24
142	142		(iv) The proposed rule, as submitted by the director to the marine fisheries council, and the 25
143	143		council report and recommendation regarding the rule shall both be entered into the record of the 26
144	144		hearing conducted in accordance with the requirements of chapter 35 of title 42; 27
145	145		(v) Notwithstanding the provisions of paragraphs (i) — (iv) of this subdivision, the director 28
146	146		may promulgate a rule with less than thirty (30) days’ notice to the marine fisheries council if and 29
147	147		to the extent necessary to comply with federal requirements or to respond to a sudden change in 30
148	148		conditions where failure to take immediate action would likely cause harm to fishery resources or 31
149	149		participants; and 32
150	150		(vi) The decision of the director shall state the basis for adopting the rule, including a 33
151	151		concise statement giving the principal reasons for and against its adoption and the response to 34
152	152
153	153
154	154		LC001853/SUB A - Page 5 of 31
155	155		positions entered into the record; and in the case of a rule promulgated in accordance with paragraph 1
156	156		(v) of this subdivision, the reasons for having to take immediate action. 2
157	157		(4) Matters to be considered in establishing license programs under this chapter. The 3
158	158		director shall be consistent with the requirements of § 20-2.1-2(6) in establishing and implementing 4
159	159		a licensing system in accordance with the provisions of this chapter that shall be designed to 5
160	160		accomplish marine fisheries management objectives. The licensing system may limit access to 6
161	161		fisheries, particularly commercial fisheries for which there is adequate or greater than adequate 7
162	162		harvesting capacity currently in the fishery and for which either a total allowable catch has been 8
163	163		set or a total allowable level of fishing effort has been established for the purpose of preventing 9
164	164		over fishing of the resource or the dissipation of the economic yield from the fishery. This authority 10
165	165		shall include the authority of the director to: 11
166	166		(i) Differentiate between the level of access to fisheries provided to license holders or 12
167	167		potential license holders on the basis of past performance, dependence on the fishery, or other 13
168	168		criteria; 14
169	169		(ii) Establish prospective control dates that provide notice to the public that access to, and 15
170	170		levels of participation in, a fishery may be restricted and that entrance into, or increases in levels 16
171	171		of participation in a fishery after the control date may not be treated in the same way as participation 17
172	172		in the fishery prior to the control date; retroactive control dates are prohibited and shall not be used 18
173	173		or implemented, unless expressly required by federal law, regulation, or court decision; and 19
174	174		(iii) Establish levels of catch by type of license and/or endorsement that shall provide for 20
175	175		basic and full harvest and gear levels; quotas may be allocated proportionally among classes of 21
176	176		license holders as needed to maintain the viability of different forms of commercial fishing. 22
177	177		(5) The director shall, annually, with the advice of the marine fisheries council, develop 23
178	178		and update conservation and management plans for the fishery resources of the state, which 24
179	179		conservation and management plans shall be developed and updated prior to, and at the same time 25
180	180		as, adoption of any license restrictions on effort or catch. Such plans shall address stock status, 26
181	181		performance of fisheries and quotas, and management and licensing programs, and offer any 27
182	182		recommendations for new or alternative approaches to management and/or licensing identified by 28
183	183		the department or the marine fisheries council. In the development of the fishery conservation and 29
184	184		management plans, priority shall be given to those resources with the highest value to the state, 30
185	185		either for commercial or recreational purposes. 31
186	186		(6) The director, with the advice of the marine fisheries council shall report annually to the 32
187	187		governor, general assembly and to the citizens concerning the conservation and management of the 33
188	188		fishery resources of the state, noting particularly the status of any fishery resources that are 34
189	189
190	190
191	191		LC001853/SUB A - Page 6 of 31
192	192		considered to be over-fished or were considered to be over-fished in the preceding year addressing 1
193	193		stock status, performance of fisheries and quotas, management and licensing programs, and other 2
194	194		matters of importance. 3
195	195		SECTION 3. Sections 20-3-1 and 20-3-2 of the General Laws in Chapter 20-3 entitled 4
196	196		"Marine Fisheries Council" are hereby amended to read as follows: 5
197	197		20-3-1. Council created — Membership — Compensation. 6
198	198		There is hereby created a marine fisheries council. The council shall be composed of the 7
199	199		director of the department of environmental management, or the director’s designee, who shall 8
200	200		serve as chairperson, and eight (8) private citizen members. The private citizen members shall be 9
201	201		chosen from among those with skill, knowledge, and experience in the commercial fishing industry, 10
202	202		the sport recreational and for-hire fishing industry, and in the conservation and management of 11
203	203		fisheries resources and shall be appointed by the governor with the advice and consent of the senate. 12
204	204		Three (3) of the private citizen members shall be representatives of the commercial fishing industry; 13
205	205		three (3) shall be representatives of the sport recreational and for-hire fishing industry; and the 14
206	206		remaining two (2) shall have skill, knowledge, and experience in the conservation and management 15
207	207		of fisheries resources and/or marine biology. The chairperson of the coastal resources management 16
208	208		council and the chiefs of the divisions of enforcement and marine fisheries in the department of 17
209	209		environmental management shall serve in an advisory capacity to the council. Members of the 18
210	210		council shall serve for a term of four (4) years, and may not succeed themselves more than once 19
211	211		after January 1, 2002 not to exceed two (2) four (4) year terms, notwithstanding a partial mid-term 20
212	212		appointment. Initial appointments to the council shall be appointed as follows: three (3) members 21
213	213		for a term of two (2) years; three (3) members for a term of three (3) years; and two (2) members 22
214	214		for a term of four (4) years. All members of the council shall serve without compensation and shall 23
215	215		be reimbursed for their necessary expenses incurred in travel and in the performance of their duties. 24
216	216		No person may serve on the council if assessed a criminal or administrative penalty in the past three 25
217	217		(3) years for a violation of a marine fisheries law or regulation, including any suspension or 26
218	218		revocation of a commercial or recreational fishing license or permit or dealers license, or any fine, 27
219	219		donations, probation, imprisonment, or other filing, imposed administratively or by a court of law. 28
220	220		20-3-2. Powers and duties. 29
221	221		(a) The marine fisheries council shall serve in an advisory capacity only to the state and 30
222	222		agencies of the state regarding marine fisheries issues and shall have the power and duty to advise 31
223	223		the director of the department of environmental management in the exercise of his or her authority 32
224	224		under this title for the planning, management, and regulation of marine fisheries on matters (except 33
225	225		emergency rules adopted pursuant to § 42-35-2.10), including, but not limited to, the following 34
226	226
227	227
228	228		LC001853/SUB A - Page 7 of 31
229	229		activities: 1
230	230		(1) The manner of taking fish, lobsters, and shellfish marine species from the waters of the 2
231	231		state; 3
232	232		(2) The legal size limits of fish, lobsters, and shellfish marine species to be taken or 4
233	233		possessed; 5
234	234		(3) The seasons and hours during which fish, lobsters, and shellfish marine species may be 6
235	235		taken or possessed; 7
236	236		(4) The numbers or quantities of fish, lobsters, and shellfish marine species which may be 8
237	237		taken or possessed; and 9
238	238		(5) The opening and closing of areas within the coastal waters to the taking of any and all 10
239	239		types of fish, lobsters, and shellfish marine species; and. 11
240	240		(6) Marine fisheries licensing, including commercial, recreational and for-hire, necessary 12
241	241		to implement the provisions of chapters 2, 2.1, and 2.2 of title 20. 13
242	242		(b) The marine fisheries council shall advise the director in the development of the 14
243	243		rulemaking agenda for marine fisheries pursuant to § 42-35-5.1, and shall have the power to initiate 15
244	244		rulemaking by petition as provided for by § 42-35-6. 16
245	245		(c) The marine fisheries council shall advise the department regarding development of 17
246	246		annual plans for the allocation and use of the funds made available to the department from 18
247	247		commercial fishing license fees, tags, permits, and vessel fees as provided in § 20-2-28.2. 19
248	248		(d) The marine fisheries council shall review applications to CRMC for permits to conduct 20
249	249		aquaculture, and provide recommendations to CRMC on all such applications, in accordance with 21
250	250		§ 20-10-5. 22
251	251		(b)(e) The council shall report annually by March April 1 of each year to the governor, the 23
252	252		speaker of the house, the president of the senate, the chairperson of the house committee on 24
253	253		environment and natural resources, the chairperson of the senate committee on environment and 25
254	254		agriculture, and to the house oversight committee and the senate committee on government 26
255	255		oversight, for the preceding calendar year with regard to: 27
256	256		(1) The advice it has given to state agencies, including specifically the department of 28
257	257		environmental management, on marine fisheries issues; 29
258	258		(2) The response it received to the advice it gave; 30
259	259		(3) Any findings or position it may have with regard to the status and/or condition of marine 31
260	260		fisheries; and 32
261	261		(4) Any recommendations it may have for maintaining, improving, or changing laws, 33
262	262		regulations, or management programs for marine fisheries. 34
263	263
264	264
265	265		LC001853/SUB A - Page 8 of 31
266	266		SECTION 4. Sections 20-4-2, 20-4-3, 20-4-9 and 20-4-12 of the General Laws in Chapter 1
267	267		20-4 entitled "Commercial Fisheries" are hereby amended to read as follows: 2
268	268		20-4-2. Otter trawls, pair trawls, and beam trawls — Areas prohibited. 3
269	269		Unless otherwise specified in regulations adopted by the marine fisheries council and 4
270	270		except for those areas described in § 20-4-3, no person shall operate a beam, pair, or otter trawl or 5
271	271		other mechanical trawling device in the Sakonnet River; Narragansett Bay; in Point Judith Pond, 6
272	272		so-called, in the towns of Narragansett and South Kingstown; or the Harbor of Refuge, so-called, 7
273	273		in the town of Narragansett; or in Potter Pond, so-called, in the town of South Kingstown; or in 8
274	274		Great Salt Pond, so-called, in the town of New Shoreham. 9
275	275		20-4-3. Otter trawls, pair trawls, and beam trawls — Areas allowed. 10
276	276		Any duly licensed resident commercial fisherman and a nonresident commercial fisherman 11
277	277		licensed pursuant to § 20-2-28 [repealed], may operate otter, beam, or pair trawls or other 12
278	278		mechanical trawling device subject to rules and regulations of the marine fisheries council, in the 13
279	279		area of Narragansett Bay, and Sakonnet River south of a line, extending from Spink Neck in the 14
280	280		town of North Kingstown in a northeasterly direction to Pine Hill Point on Prudence Island and 15
281	281		from a point at Homestead Dock on the easterly shore of Prudence Island, thence northeasterly to 16
282	282		Hog Island shoal light, thence to the north abutment of Mt. Hope Bridge in the town of Bristol, and 17
283	283		south of a line extending from McCurry Point on the east side of the town of Portsmouth 18
284	284		northeasterly in a line to southerly point of Jack’s Island, so-called, in the town of Tiverton. The 19
285	285		area subject to this section may be changed by rules and regulations adopted by the marine fisheries 20
286	286		council. 21
287	287		20-4-9. Striped bass — Minimum size. 22
288	288		Unless otherwise specified in regulations adopted by the marine fisheries council, no 23
289	289		person shall take in any manner whatsoever from the territorial waters of this state, including the 24
290	290		waters of the Atlantic Ocean, or have in his or her possession, any striped bass measuring less than 25
291	291		sixteen inches (16") in length. Striped bass shall be measured from the tip of the snout to the fork 26
292	292		of the tail. 27
293	293		20-4-12. Striped bass — Use of nets and seines prohibited — Traps. 28
294	294		Unless otherwise specified by regulation of the marine fisheries council, no person, firm, 29
295	295		or corporation shall take, or attempt to take, with or by the use of a net, seine, or any other 30
296	296		contrivance of any kind or description except by hook and line, spear, or by fish traps authorized 31
297	297		under authority of chapter 5 of this title, as amended, any striped bass from the public waters of 32
298	298		this state northerly of a line commencing at upper pier in the town of Narragansett and extending 33
299	299		in a straight line in a northeasterly direction to Beavertail Lighthouse and thence continuing in a 34
300	300
301	301
302	302		LC001853/SUB A - Page 9 of 31
303	303		northeasterly direction in a straight line to Castle Hill Lighthouse in the city of Newport; nor shall 1
304	304		any person, firm, or corporation take, or attempt to take, with or by the use of a seine, any striped 2
305	305		bass from the beach in the town of Charlestown for a distance of three (3) miles to the east of 3
306	306		Charlestown Inlet; provided, however, that it shall not be a violation of this section for any person 4
307	307		to take striped bass by means of the seine, net, or other contrivance while fishing for other fish for 5
308	308		the catching of which the use of the seine, net, or other contrivance is permitted if the striped bass 6
309	309		is immediately returned to the waters from which taken; provided further, however, at all fish traps, 7
310	310		between September first and October fourteenth in any year, there is no obstruction, except the trap 8
311	311		anchor warp of the leader within one hundred fifty feet (150′) from the mean high water mark on 9
312	312		shore that will stop the free passage of striped bass. For the purpose of this chapter, a “trap anchor 10
313	313		warp” is any cable, wire, line, or like material or device, and shall not exceed three inches (3") in 11
314	314		diameter. 12
315	315		SECTION 5. Sections 20-6-1, 20-6-2, 20-6-3, 20-6-7, 20-6-8, 20-6-10, 20-6-12, 20-6-16 13
316	316		and 20-6-19 of the General Laws in Chapter 20-6 entitled "Shellfish" are hereby amended to read 14
317	317		as follows: 15
318	318		20-6-1. Taking of shellfish without a license. 16
319	319		Unless otherwise specified in regulations adopted by the marine fisheries council, any 17
320	320		resident of this state may, without a license, take in any one day during the open season, if 18
321	321		applicable, not more than one half (½) bushel each of quahaugs, soft-shell clams, sea clams, oysters, 19
322	322		and mussels, and not more than one bushel of scallops; provided, that those quahaugs, soft-shell 20
323	323		clams, sea clams, oysters, mussels, or scallops shall not be sold or offered for sale. 21
324	324		20-6-2. Oysters — Open season. 22
325	325		Unless otherwise specified in regulations adopted by the marine fisheries council, the open 23
326	326		season for taking oysters from the free and common oyster fisheries in any of the waters of this 24
327	327		state shall be between the fifteenth day of September and the fifteenth day of May. Any person 25
328	328		taking any oysters or exposing any oysters for sale taken from the free and common fisheries in 26
329	329		state waters in violation of the provisions of this section shall, upon conviction, be fined no less 27
330	330		than fifty dollars ($50.00) nor more than five hundred dollars ($500) and costs for each offense. 28
331	331		20-6-3. Scallops — Open season. 29
332	332		Unless otherwise specified in regulations adopted by the director, in consultations with the 30
333	333		marine fisheries council, the open season for taking scallops from the free and common scallop 31
334	334		fisheries in any of the waters of the state shall be between sunrise of the first day of October and 32
335	335		sunset on the last day of December of every year. Any person taking scallops in violation of this 33
336	336		section shall, upon conviction, be fined not less than fifty dollars ($50.00) nor more than five 34
337	337
338	338
339	339		LC001853/SUB A - Page 10 of 31
340	340		hundred dollars ($500) or imprisoned exceeding thirty (30) days for each offense. 1
341	341		20-6-7. Use of dredges. 2
342	342		Except as hereinafter provided and unless otherwise specified by regulation of the marine 3
343	343		fisheries council, no person shall take any oysters, bay quahaugs, or soft-shell clams from the 4
344	344		waters of this state by dredges, rakes, or other apparatus operated by mechanical power or hauled 5
345	345		by power boats. No licensed person shall cast, haul, or have overboard any dredges while fishing 6
346	346		for oysters, bay quahaugs, or soft-shell clams from the free and common fisheries of this state, nor 7
347	347		shall any licensed boat be used for fishing oysters, soft-shell clams, or bay quahaugs with dredges, 8
348	348		except as provided in this section; provided, that any person having a license issued under this title 9
349	349		for the taking of scallops may use a dredge or dredges, not exceeding six (6) in number nor 10
350	350		exceeding twenty-eight inches (28") each in width, for that purpose; provided further, that the 11
351	351		licensee shall immediately return all oysters, soft-shell clams, or bay quahaugs caught by the 12
352	352		licensee to the waters from which they were taken. Any licensed boat may be used in dredging for 13
353	353		mussels by the licensee of that boat, the licensee having first obtained a permit from the director of 14
354	354		environmental management allowing the licensee so to do; provided, the licensee, while dredging 15
355	355		for mussels under the permit granted the licensee by the director, shall immediately return all 16
356	356		oysters, scallops, or bay quahaugs caught by him or her to the waters from which they were taken. 17
357	357		The fact of any licensed person being found with oysters, scallops, or bay quahaugs in his or her 18
358	358		possession while dredging for mussels shall be prima facie evidence that person was fishing in 19
359	359		violation of the provisions of this chapter and shall be subject to the penalties and fines imposed by 20
360	360		this chapter. Any resident dredging for surf clams or skimmers shall not be in violation of this 21
361	361		section if that dredging is done southerly of the coastline of Little Compton, southerly of a line 22
362	362		extending from Church point, in the town of Little Compton, to Flint point on Aquidneck Island, 23
363	363		southerly of the coastline of Aquidneck Island, southerly of a line extending from Castle Hill point 24
364	364		on Aquidneck Island, to southwest point of Conanicut Island to Bonnet point, Narragansett, easterly 25
365	365		of the coastline of the town of Narragansett, southerly of the coastline of the towns of Narragansett, 26
366	366		South Kingstown, and Charlestown, and westerly to the Connecticut line. For the purpose of this 27
367	367		section, “coastline” refers to the land facing the open sea. 28
368	368		20-6-8. Opening areas for quahaug dredging. 29
369	369		Pursuant to good conservation practices, the marine fisheries council director shall be 30
370	370		authorized to open areas of the public waters of the state for taking quahaugs under license by a 31
371	371		registered boat, by dredges, rakes, or other apparatus operated by mechanical power or hauled by 32
372	372		power boats, and shall be authorized to close those areas at any time there is a danger of depletion 33
373	373		of quahaugs or when flagrant violations of this chapter occur. 34
374	374
375	375
376	376		LC001853/SUB A - Page 11 of 31
377	377		20-6-10. Allowance of shellfish taking under license. 1
378	378		(a) Unless otherwise specified by regulation of the marine fisheries council, a holder of a 2
379	379		commercial shellfishing license may take and/or possess, in any one day, up to twelve (12) bushels 3
380	380		of quahaugs, twelve (12) bushels of soft-shell clams, and three (3) bushels of oysters. 4
381	381		(b) A holder of a nonresident shellfishing license may take in any one day not more than 5
382	382		one peck each of oysters, quahaugs, soft-shell clams, surf clams, or mussels. Any person taking 6
383	383		more than these allowances in any one day shall be fined upon conviction one hundred dollars 7
384	384		($100) for each bushel or part of a bushel exceeding the prescribed quantity or be imprisoned not 8
385	385		exceeding thirty (30) days, or both. 9
386	386		20-6-12. Maximum take for dredged quahaugs. 10
387	387		Any person licensed to take quahaugs by dredge, rake, or other apparatus operated by 11
388	388		power or hauled by a power boat may take and possess, between sunrise and sunset of any one day, 12
389	389		thirty (30) bushels of quahaugs, unless a different amount is specified by regulation of the marine 13
390	390		fisheries council. Any person taking more than the prescribed quantity shall be fined, upon 14
391	391		conviction, not more than one hundred dollars ($100) for each bushel exceeding the prescribed 15
392	392		quantity or be imprisoned not exceeding thirty (30) days, or both. 16
393	393		20-6-16. Scallops — Commercial allowance. 17
394	394		Unless otherwise specified by regulation of the marine fisheries council, a person holding 18
395	395		a license for the commercial taking of scallops shall take in any one day not more than ten (10) 19
396	396		bushels of scallops, including shells, from the waters of the state. 20
397	397		20-6-19. Number, size, and handling of dredges. 21
398	398		Unless otherwise specified by regulation of the marine fisheries council, no person engaged 22
399	399		in the taking of scallops shall use more than six (6) single dredges, the blades of which shall not be 23
400	400		more than twenty-eight inches (28") in width, and the bag used shall not be more than thirty-six 24
401	401		inches (36") in length. Every single dredge shall be towed and hauled aboard the registered boat 25
402	402		individually. 26
403	403		SECTION 6. Sections 20-7-10, 20-7-11, 20-7-11.1, 20-7-15 and 20-7-16 of the General 27
404	404		Laws in Chapter 20-7 entitled "Lobsters and Other Crustaceans" are hereby amended to read as 28
405	405		follows: 29
406	406		20-7-10. Minimum size of lobsters taken — Egg-bearing females. 30
407	407		(a)(1) Unless otherwise specified by regulations adopted by the marine fisheries council, 31
408	408		no person shall catch or take from any of the waters within the jurisdiction of this state, or have in 32
409	409		his or her possession within this state, any lobster, or parts of lobsters, cooked or uncooked, that is 33
410	410		less than three and three sixteenths inches (33/16") measured from the rear of the eye socket along 34
411	411
412	412
413	413		LC001853/SUB A - Page 12 of 31
414	414		a line parallel to the center line of the body shell to the rear end of the carapace. 1
415	415		(2) The minimum size of three and three sixteenths inches (33/16") shall be increased as 2
416	416		follows: 3
417	417		(i) On January 1, 1988, 1/32" from 33/16" to 37/32"; 4
418	418		(ii) On January 1, 1989, 1/32" from 37/32" to 31/4"; 5
419	419		(iii) On January 1, 1991, 1/32" from 31/4" to 39/32"; 6
420	420		(iv) On January 1, 1992, 1/32" from 39/32" to 35/16". 7
421	421		(b) No person shall have in his or her possession within this state any female lobster bearing 8
422	422		eggs or from which the eggs have been brushed or removed. 9
423	423		(c) In addition to any penalties specified in other sections of this chapter, every person 10
424	424		violating any of the provisions of this section shall be fined not less than fifty dollars ($50.00) nor 11
425	425		more than five hundred dollars ($500) for each lobster in violation of this regulation or be 12
426	426		imprisoned not exceeding thirty (30) days, or both. Any person licensed under this chapter catching 13
427	427		and taking any lobster as described in subsection (a) or (b), and immediately returning the lobster 14
428	428		alive to the water from which it was taken, shall not be subject to these fines or penalties. The 15
429	429		possession of any lobster as described in subsection (a) or (b), cooked or uncooked, shall be prima 16
430	430		facie evidence that the lobster was caught and taken in violation of this section. Any person 17
431	431		convicted a second time of a violation of this section shall be fined five hundred dollars ($500) and 18
432	432		be deprived of the privilege of fishing for lobsters within the state for three (3) years, after 19
433	433		conviction, under a penalty of sixty (60) days’ imprisonment or a fine of five hundred dollars 20
434	434		($500), or both, for each offense. 21
435	435		20-7-11. Buoying of pots — Escape vents. 22
436	436		(a) Each and every lobster pot, set, kept, or maintained, or caused to be set, kept, or 23
437	437		maintained, in any of the waters in the jurisdiction of this state by any person licensed under this 24
438	438		chapter, shall contain an escape vent in accordance with the following specifications: 25
439	439		(1) A rectangular escape vent with an unobstructed opening not less than 13/4 inches 26
440	440		(44.5mm) by 6 inches (152.5mm); or 27
441	441		(2) Two (2) circular escape vents with an unobstructed opening not less than 21/4 inches 28
442	442		(57.2mm) in diameter; or 29
443	443		(3) An unobstructed gap caused by raising both ends of a bottom lath in the parlor section 30
444	444		11/4 inches (44.5mm) from the bottom; or 31
445	445		(4) An unobstructed gap caused by separating both ends of two (2) vertical laths on the end 32
446	446		of the parlor section by 13/4 inches (44.5mm); or 33
447	447		(5) An unobstructed gap created by cutting wires in a wire trap in such a manner as to meet 34
448	448
449	449
450	450		LC001853/SUB A - Page 13 of 31
451	451		the minimum size and number of vents required under subsections (a)(1) and (a)(2). 1
452	452		(b) The vent or gap shall be installed or made in the parlor section on the sides or end panel. 2
453	453		No horizontal rectangular vent or gap or circular vent shall be located more than three inches (3") 3
454	454		from the sill of the trap. Traps equipped with multiple opposing parlor sections must adhere to the 4
455	455		escape vent requirements specified in subsection (a)(1) or (a)(2) in each parlor section. Any fisher 5
456	456		not complying with the provisions of this section or § 20-7-10 shall be fined in compliance with § 6
457	457		20-3-3. 7
458	458		(c) The marine fisheries council director shall have the power to establish larger escape 8
459	459		vent sizes by regulation. 9
460	460		(d) Each lobster pot shall be separately and plainly buoyed; except that in cases where 10
461	461		natural conditions render it impracticable to separately buoy each pot, the director of environmental 11
462	462		management may, upon application from any person licensed under this chapter, grant permission 12
463	463		to otherwise buoy those pots subject to rules and regulations promulgated by the director; and each 13
464	464		and every permit so granted shall set forth the name of the person to whom the permit is granted; 14
465	465		the number of the permit; the place or places where the lobster pots are to be located; the manner 15
466	466		in which lobster pots shall be set; and the period of time during which the permit shall extend. 16
467	467		20-7-11.1. Lobster pots — Tagging — Advisory committee. 17
468	468		(a) Each and every pot, trap, or other device used for the taking of lobsters or crabs in any 18
469	469		of the waters of this state shall bear a color scheme on the attached buoy. Each applicant for a 19
470	470		lobster license shall state the color scheme that he or she desires to use. These colors, unless 20
471	471		disapproved by the director of environmental management, shall be stated in the license, and all 21
472	472		buoys used by the licensee shall be marked accordingly. Each licensee shall cause his or her color 22
473	473		scheme to be displayed on any lobster boat used by the licensee in the waters of this state. Those 23
474	474		colors shall be painted on the port and starboard sides of the hull in a section not less than one foot 24
475	475		(1′) square, or a clearly painted buoy shall be set at the highest point on the boat excluding the mast 25
476	476		and be visible for three hundred sixty degrees (360 degrees). The buoy or colors must be 26
477	477		prominently displayed on the vessel at all times that lobster gear fished under that license is in the 27
478	478		water. 28
479	479		(b) No person shall place, set, lift, raise, unduly disturb, draw in, or transfer any pot, trap, 29
480	480		or other device used for the taking of lobsters unless the color scheme of the attached buoy is the 30
481	481		same as the color scheme that is on file with the license application and displayed on the boat used 31
482	482		by that person, or unless that person is duly licensed and possesses written permission from the 32
483	483		rightful owner of the pot, trap, or other device. 33
484	484		(c) The Rhode Island marine fisheries council director has the authority to promulgate 34
485	485
486	486
487	487		LC001853/SUB A - Page 14 of 31
488	488		regulations requiring the tagging of lobster traps. The director of the department of environmental 1
489	489		management is authorized to promulgate regulations that and to establish a fee for official state 2
490	490		lobster trap tags. Any fee collected by the department will be retained by the agency, subject to § 3
491	491		20-2-28.2, to be used for the exclusive purpose of producing and distributing the trap tags and, if 4
492	492		necessary, supporting other lobster fishery management measures, including enforcement of the 5
493	493		trap tag program; provided, however, that: (1) The department shall not establish a fee to cover any 6
494	494		cost other than the cost of trap tags without first obtaining a recommendation from an advisory 7
495	495		committee in accordance with subsection (d); and (2) The department shall report to the general 8
496	496		assembly regarding the need for the fee to cover any additional cost in accordance with subsection 9
497	497		(d). 10
498	498		(d) The department shall create an advisory committee composed of five (5) members of 11
499	499		the lobster industry that utilize trap tags. The director, or his or her designee, will serve on the 12
500	500		committee and act as chairperson. The committee will formulate recommendations on the 13
501	501		expenditure of the funds derived from the tagging program. The department shall prepare an annual 14
502	502		report for submittal to the general assembly that summarizes the status of the lobster management 15
503	503		and trap tag program, management actions, program needs, and catch and effort data, and that 16
504	504		provides an itemized listing of all program expenses. This report shall be available to the public 17
505	505		and provided to each commercial fishing organization in the state. 18
506	506		20-7-15. Methods of taking blue crabs — Nonresidents. 19
507	507		Unless otherwise specified by regulation of the marine fisheries council, no person shall 20
508	508		take, or attempt to take, any blue crabs from any of the waters in this state except by a scoop or 21
509	509		crab net, trot, or land line. Taking of blue crabs shall be restricted to residents of this state. No 22
510	510		person shall take blue crabs from the waters of the state between the hours of sunset and sunrise. 23
511	511		20-7-16. Egg-bearing blue crabs — Minimum size. 24
512	512		No person shall take, offer for sale, or possess at any time any female blue crab bearing 25
513	513		eggs visible thereon, or from which the egg pouch or bunion has been removed. Unless otherwise 26
514	514		specified by regulation of the marine fisheries council, no person shall take, buy, sell, give away, 27
515	515		expose for sale, or possess any blue crab measuring less than four and one eighth inches (4⅛“) 28
516	516		across the shell from tip to tip of spike. 29
517	517		SECTION 7. Section 42-17.1-2 of the General Laws in Chapter 42-17.1 entitled 30
518	518		"Department of Environmental Management" is hereby amended to read as follows: 31
519	519		42-17.1-2. Powers and duties. 32
520	520		The director of environmental management shall have the following powers and duties: 33
521	521		(1) To supervise and control the protection, development, planning, and utilization of the 34
522	522
523	523
524	524		LC001853/SUB A - Page 15 of 31
525	525		natural resources of the state, such resources, including, but not limited to: water, plants, trees, soil, 1
526	526		clay, sand, gravel, rocks and other minerals, air, mammals, birds, reptiles, amphibians, fish, 2
527	527		shellfish, and other forms of aquatic, insect, and animal life; 3
528	528		(2) To exercise all functions, powers, and duties heretofore vested in the department of 4
529	529		agriculture and conservation, and in each of the divisions of the department, such as the promotion 5
530	530		of agriculture and animal husbandry in their several branches, including the inspection and 6
531	531		suppression of contagious diseases among animals; the regulation of the marketing of farm 7
532	532		products; the inspection of orchards and nurseries; the protection of trees and shrubs from injurious 8
533	533		insects and diseases; protection from forest fires; the inspection of apiaries and the suppression of 9
534	534		contagious diseases among bees; the prevention of the sale of adulterated or misbranded 10
535	535		agricultural seeds; promotion and encouragement of the work of farm bureaus, in cooperation with 11
536	536		the University of Rhode Island, farmers’ institutes, and the various organizations established for 12
537	537		the purpose of developing an interest in agriculture; together with such other agencies and activities 13
538	538		as the governor and the general assembly may, from time to time, place under the control of the 14
539	539		department; and as heretofore vested by such of the following chapters and sections of the general 15
540	540		laws as are presently applicable to the department of environmental management and that were 16
541	541		previously applicable to the department of natural resources and the department of agriculture and 17
542	542		conservation or to any of its divisions: chapters 1 through 22, inclusive, as amended, in title 2 18
543	543		entitled “Agriculture and Forestry”; chapters 1 through 17, inclusive, as amended, in title 4 entitled 19
544	544		“Animals and Animal Husbandry”; chapters 1 through 19, inclusive, as amended, in title 20 entitled 20
545	545		“Fish and Wildlife”; chapters 1 through 32, inclusive, as amended, in title 21 entitled “Food and 21
546	546		Drugs”; chapter 7 of title 23, as amended, entitled “Mosquito Abatement”; and by any other general 22
547	547		or public law relating to the department of agriculture and conservation or to any of its divisions or 23
548	548		bureaus; 24
549	549		(3) To exercise all the functions, powers, and duties heretofore vested in the division of 25
550	550		parks and recreation of the department of public works by chapters 1, 2, and 5 in title 32 entitled 26
551	551		“Parks and Recreational Areas”; by chapter 22.5 of title 23, as amended, entitled “Drowning 27
552	552		Prevention and Lifesaving”; and by any other general or public law relating to the division of parks 28
553	553		and recreation; 29
554	554		(4) To exercise all the functions, powers, and duties heretofore vested in the division of 30
555	555		harbors and rivers of the department of public works, or in the department itself by such as were 31
556	556		previously applicable to the division or the department, of chapters 1 through 22 and sections 32
557	557		thereof, as amended, in title 46 entitled “Waters and Navigation”; and by any other general or public 33
558	558		law relating to the division of harbors and rivers; 34
559	559
560	560
561	561		LC001853/SUB A - Page 16 of 31
562	562		(5) To exercise all the functions, powers, and duties heretofore vested in the department of 1
563	563		health by chapters 25, 18.9, and 19.5 of title 23, as amended, entitled “Health and Safety”; and by 2
564	564		chapters 12 and 16 of title 46, as amended, entitled “Waters and Navigation”; by chapters 3, 4, 5, 3
565	565		6, 7, 9, 11, 13, 18, and 19 of title 4, as amended, entitled “Animals and Animal Husbandry”; and 4
566	566		those functions, powers, and duties specifically vested in the director of environmental 5
567	567		management by the provisions of § 21-2-22, as amended, entitled “Inspection of Animals and 6
568	568		Milk”; together with other powers and duties of the director of the department of health as are 7
569	569		incidental to, or necessary for, the performance of the functions transferred by this section; 8
570	570		(6) To cooperate with the Rhode Island commerce corporation in its planning and 9
571	571		promotional functions, particularly in regard to those resources relating to agriculture, fisheries, 10
572	572		and recreation; 11
573	573		(7) To cooperate with, advise, and guide conservation commissions of cities and towns 12
574	574		created under chapter 35 of title 45 entitled “Conservation Commissions”, as enacted by chapter 13
575	575		203 of the Public Laws, 1960; 14
576	576		(8) To assign or reassign, with the approval of the governor, any functions, duties, or 15
577	577		powers established by this chapter to any agency within the department, except as hereinafter 16
578	578		limited; 17
579	579		(9) To cooperate with the water resources board and to provide to the board facilities, 18
580	580		administrative support, staff services, and other services as the board shall reasonably require for 19
581	581		its operation and, in cooperation with the board and the statewide planning program, to formulate 20
582	582		and maintain a long-range guide plan and implementing program for development of major water-21
583	583		sources transmission systems needed to furnish water to regional- and local-distribution systems; 22
584	584		(10) To cooperate with the solid waste management corporation and to provide to the 23
585	585		corporation such facilities, administrative support, staff services, and other services within the 24
586	586		department as the corporation shall reasonably require for its operation; 25
587	587		(11) To provide for the maintenance of waterways and boating facilities, consistent with 26
588	588		chapter 6.1 of title 46, by: (i) Establishing minimum standards for upland beneficial use and 27
589	589		disposal of dredged material; (ii) Promulgating and enforcing rules for water quality, ground water 28
590	590		protection, and fish and wildlife protection pursuant to § 42-17.1-24; (iii) Planning for the upland 29
591	591		beneficial use and/or disposal of dredged material in areas not under the jurisdiction of the council 30
592	592		pursuant to § 46-23-6(2); and (iv) Cooperating with the coastal resources management council in 31
593	593		the development and implementation of comprehensive programs for dredging as provided for in 32
594	594		§§ 46-23-6(1)(ii)(H) and 46-23-18.3; and (v) Monitoring dredge material management and disposal 33
595	595		sites in accordance with the protocols established pursuant to § 46-6.1-5(a)(3) and the 34
596	596
597	597
598	598		LC001853/SUB A - Page 17 of 31
599	599		comprehensive program provided for in § 46-23-6(1)(ii)(H); no powers or duties granted herein 1
600	600		shall be construed to abrogate the powers or duties granted to the coastal resources management 2
601	601		council under chapter 23 of title 46, as amended; 3
602	602		(12) To establish minimum standards, subject to the approval of the environmental 4
603	603		standards board, relating to the location, design, construction, and maintenance of all sewage-5
604	604		disposal systems; 6
605	605		(13) To enforce, by such means as provided by law, the standards for the quality of air, and 7
606	606		water, and the design, construction, and operation of all sewage-disposal systems; any order or 8
607	607		notice issued by the director relating to the location, design, construction, or maintenance of a 9
608	608		sewage-disposal system shall be eligible for recordation under chapter 13 of title 34. The director 10
609	609		shall forward the order or notice to the city or town wherein the subject property is located and the 11
610	610		order or notice shall be recorded in the general index by the appropriate municipal official in the 12
611	611		land evidence records in the city or town wherein the subject property is located. Any subsequent 13
612	612		transferee of that property shall be responsible for complying with the requirements of the order or 14
613	613		notice. Upon satisfactory completion of the requirements of the order or notice, the director shall 15
614	614		provide written notice of the same, which notice shall be similarly eligible for recordation. The 16
615	615		original written notice shall be forwarded to the city or town wherein the subject property is located 17
616	616		and the notice of satisfactory completion shall be recorded in the general index by the appropriate 18
617	617		municipal official in the land evidence records in the city or town wherein the subject property is 19
618	618		located. A copy of the written notice shall be forwarded to the owner of the subject property within 20
619	619		five (5) days of a request for it, and, in any event, shall be forwarded to the owner of the subject 21
620	620		property within thirty (30) days after correction; 22
621	621		(14) To establish minimum standards for the establishment and maintenance of salutary 23
622	622		environmental conditions, including standards and methods for the assessment and the 24
623	623		consideration of the cumulative effects on the environment of regulatory actions and decisions, 25
624	624		which standards for consideration of cumulative effects shall provide for: (i) Evaluation of potential 26
625	625		cumulative effects that could adversely affect public health and/or impair ecological functioning; 27
626	626		(ii) Analysis of other matters relative to cumulative effects as the department may deem appropriate 28
627	627		in fulfilling its duties, functions, and powers; which standards and methods shall only be applicable 29
628	628		to ISDS systems in the town of Jamestown in areas that are dependent for water supply on private 30
629	629		and public wells, unless broader use is approved by the general assembly. The department shall 31
630	630		report to the general assembly not later than March 15, 2008, with regard to the development and 32
631	631		application of the standards and methods in Jamestown; 33
632	632		(15) To establish and enforce minimum standards for permissible types of septage, 34
633	633
634	634
635	635		LC001853/SUB A - Page 18 of 31
636	636		industrial-waste disposal sites, and waste-oil disposal sites; 1
637	637		(16) To establish minimum standards, subject to the approval of the environmental 2
638	638		standards board, for permissible types of refuse disposal facilities; the design, construction, 3
639	639		operation, and maintenance of disposal facilities; and the location of various types of facilities; 4
640	640		(17) To exercise all functions, powers, and duties necessary for the administration of 5
641	641		chapter 19.1 of title 23 entitled “Rhode Island Hazardous Waste Management Act”; 6
642	642		(18) To designate, in writing, any person in any department of the state government or any 7
643	643		official of a district, county, city, town, or other governmental unit, with that official’s consent, to 8
644	644		enforce any rule, regulation, or order promulgated and adopted by the director under any provision 9
645	645		of law; provided, however, that enforcement of powers of the coastal resources management 10
646	646		council shall be assigned only to employees of the department of environmental management, 11
647	647		except by mutual agreement or as otherwise provided in chapter 23 of title 46; 12
648	648		(19) To issue and enforce the rules, regulations, and orders as may be necessary to carry 13
649	649		out the duties assigned to the director and the department by any provision of law; and to conduct 14
650	650		investigations and hearings and to issue, suspend, and revoke licenses as may be necessary to 15
651	651		enforce those rules, regulations, and orders. Any license suspended under the rules, regulations, 16
652	652		and/or orders shall be terminated and revoked if the conditions that led to the suspension are not 17
653	653		corrected to the satisfaction of the director within two (2) years; provided that written notice is 18
654	654		given by certified mail, return receipt requested, no less than sixty (60) days prior to the date of 19
655	655		termination. 20
656	656		Notwithstanding the provisions of § 42-35-9 to the contrary, no informal disposition of a 21
657	657		contested licensing matter shall occur where resolution substantially deviates from the original 22
658	658		application unless all interested parties shall be notified of the proposed resolution and provided 23
659	659		with opportunity to comment upon the resolution pursuant to applicable law and any rules and 24
660	660		regulations established by the director; 25
661	661		(20) To enter, examine, or survey, at any reasonable time, places as the director deems 26
662	662		necessary to carry out his or her responsibilities under any provision of law subject to the following 27
663	663		provisions: 28
664	664		(i) For criminal investigations, the director shall, pursuant to chapter 5 of title 12, seek a 29
665	665		search warrant from an official of a court authorized to issue warrants, unless a search without a 30
666	666		warrant is otherwise allowed or provided by law; 31
667	667		(ii)(A) All administrative inspections shall be conducted pursuant to administrative 32
668	668		guidelines promulgated by the department in accordance with chapter 35 of this title; 33
669	669		(B) A warrant shall not be required for administrative inspections if conducted under the 34
670	670
671	671
672	672		LC001853/SUB A - Page 19 of 31
673	673		following circumstances, in accordance with the applicable constitutional standards: 1
674	674		(I) For closely regulated industries; 2
675	675		(II) In situations involving open fields or conditions that are in plain view; 3
676	676		(III) In emergency situations; 4
677	677		(IV) In situations presenting an imminent threat to the environment or public health, safety, 5
678	678		or welfare; 6
679	679		(V) If the owner, operator, or agent in charge of the facility, property, site, or location 7
680	680		consents; or 8
681	681		(VI) In other situations in which a warrant is not constitutionally required. 9
682	682		(C) Whenever it shall be constitutionally or otherwise required by law, or whenever the 10
683	683		director in his or her discretion deems it advisable, an administrative search warrant, or its 11
684	684		functional equivalent, may be obtained by the director from a neutral magistrate for the purpose of 12
685	685		conducting an administrative inspection. The warrant shall be issued in accordance with the 13
686	686		applicable constitutional standards for the issuance of administrative search warrants. The 14
687	687		administrative standard of probable cause, not the criminal standard of probable cause, shall apply 15
688	688		to applications for administrative search warrants; 16
689	689		(I) The need for, or reliance upon, an administrative warrant shall not be construed as 17
690	690		requiring the department to forfeit the element of surprise in its inspection efforts; 18
691	691		(II) An administrative warrant issued pursuant to this subsection must be executed and 19
692	692		returned within ten (10) days of its issuance date unless, upon a showing of need for additional 20
693	693		time, the court orders otherwise; 21
694	694		(III) An administrative warrant may authorize the review and copying of documents that 22
695	695		are relevant to the purpose of the inspection. If documents must be seized for the purpose of 23
696	696		copying, and the warrant authorizes the seizure, the person executing the warrant shall prepare an 24
697	697		inventory of the documents taken. The time, place, and manner regarding the making of the 25
698	698		inventory shall be set forth in the terms of the warrant itself, as dictated by the court. A copy of the 26
699	699		inventory shall be delivered to the person from whose possession or facility the documents were 27
700	700		taken. The seized documents shall be copied as soon as feasible under circumstances preserving 28
701	701		their authenticity, then returned to the person from whose possession or facility the documents were 29
702	702		taken; 30
703	703		(IV) An administrative warrant may authorize the taking of samples of air, water, or soil 31
704	704		or of materials generated, stored, or treated at the facility, property, site, or location. Upon request, 32
705	705		the department shall make split samples available to the person whose facility, property, site, or 33
706	706		location is being inspected; 34
707	707
708	708
709	709		LC001853/SUB A - Page 20 of 31
710	710		(V) Service of an administrative warrant may be required only to the extent provided for 1
711	711		in the terms of the warrant itself, by the issuing court. 2
712	712		(D) Penalties. Any willful and unjustified refusal of right of entry and inspection to 3
713	713		department personnel pursuant to an administrative warrant shall constitute a contempt of court and 4
714	714		shall subject the refusing party to sanctions, which in the court’s discretion may result in up to six 5
715	715		(6) months imprisonment and/or a monetary fine of up to ten thousand dollars ($10,000) per refusal; 6
716	716		(21) To give notice of an alleged violation of law to the person responsible therefor 7
717	717		whenever the director determines that there are reasonable grounds to believe that there is a 8
718	718		violation of any provision of law within his or her jurisdiction or of any rule or regulation adopted 9
719	719		pursuant to authority granted to him or her. Nothing in this chapter shall limit the authority of the 10
720	720		attorney general to prosecute offenders as required by law; 11
721	721		(i) The notice shall provide for a time within which the alleged violation shall be remedied, 12
722	722		and shall inform the person to whom it is directed that a written request for a hearing on the alleged 13
723	723		violation may be filed with the director within twenty (20) days after service of the notice. The 14
724	724		notice will be deemed properly served upon a person if a copy thereof is served him or her 15
725	725		personally; or sent by registered or certified mail to his or her last known address; or if he or she is 16
726	726		served with notice by any other method of service now or hereafter authorized in a civil action 17
727	727		under the laws of this state. If no written request for a hearing is made to the director within twenty 18
728	728		(20) days of the service of notice, the notice shall automatically become a compliance order; 19
729	729		(ii)(A) Whenever the director determines that there exists a violation of any law, rule, or 20
730	730		regulation within his or her jurisdiction that requires immediate action to protect the environment, 21
731	731		he or she may, without prior notice of violation or hearing, issue an immediate-compliance order 22
732	732		stating the existence of the violation and the action he or she deems necessary. The compliance 23
733	733		order shall become effective immediately upon service or within such time as is specified by the 24
734	734		director in such order. No request for a hearing on an immediate-compliance order may be made; 25
735	735		(B) Any immediate-compliance order issued under this section without notice and prior 26
736	736		hearing shall be effective for no longer than forty-five (45) days; provided, however, that for good 27
737	737		cause shown, the order may be extended one additional period not exceeding forty-five (45) days; 28
738	738		(iii) The director may, at his or her discretion and for the purposes of timely and effective 29
739	739		resolution and return to compliance, cite a person for alleged noncompliance through the issuance 30
740	740		of an expedited citation in accordance with § 42-17.6-3(c); 31
741	741		(iv) If a person upon whom a notice of violation has been served under the provisions of 32
742	742		this section or if a person aggrieved by any such notice of violation requests a hearing before the 33
743	743		director within twenty (20) days of the service of notice of violation, the director shall set a time 34
744	744
745	745
746	746		LC001853/SUB A - Page 21 of 31
747	747		and place for the hearing, and shall give the person requesting that hearing at least five (5) days’ 1
748	748		written notice thereof. After the hearing, the director may make findings of fact and shall sustain, 2
749	749		modify, or withdraw the notice of violation. If the director sustains or modifies the notice, that 3
750	750		decision shall be deemed a compliance order and shall be served upon the person responsible in 4
751	751		any manner provided for the service of the notice in this section; 5
752	752		(v) The compliance order shall state a time within which the violation shall be remedied, 6
753	753		and the original time specified in the notice of violation shall be extended to the time set in the 7
754	754		order; 8
755	755		(vi) Whenever a compliance order has become effective, whether automatically where no 9
756	756		hearing has been requested, where an immediate compliance order has been issued, or upon 10
757	757		decision following a hearing, the director may institute injunction proceedings in the superior court 11
758	758		of the state for enforcement of the compliance order and for appropriate temporary relief, and in 12
759	759		that proceeding, the correctness of a compliance order shall be presumed and the person attacking 13
760	760		the order shall bear the burden of proving error in the compliance order, except that the director 14
761	761		shall bear the burden of proving in the proceeding the correctness of an immediate compliance 15
762	762		order. The remedy provided for in this section shall be cumulative and not exclusive and shall be 16
763	763		in addition to remedies relating to the removal or abatement of nuisances or any other remedies 17
764	764		provided by law; 18
765	765		(vii) Any party aggrieved by a final judgment of the superior court may, within thirty (30) 19
766	766		days from the date of entry of such judgment, petition the supreme court for a writ of certiorari to 20
767	767		review any questions of law. The petition shall set forth the errors claimed. Upon the filing of the 21
768	768		petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of 22
769	769		certiorari; 23
770	770		(22) To impose administrative penalties in accordance with the provisions of chapter 17.6 24
771	771		of this title and to direct that such penalties be paid into the account established by subdivision (26); 25
772	772		(23) The following definitions shall apply in the interpretation of the provisions of this 26
773	773		chapter: 27
774	774		(i) Director: The term “director” shall mean the director of environmental management of 28
775	775		the state of Rhode Island or his or her duly authorized agent; 29
776	776		(ii) Person: The term “person” shall include any individual, group of individuals, firm, 30
777	777		corporation, association, partnership, or private or public entity, including a district, county, city, 31
778	778		town, or other governmental unit or agent thereof, and in the case of a corporation, any individual 32
779	779		having active and general supervision of the properties of the corporation; 33
780	780		(iii) Service: 34
781	781
782	782
783	783		LC001853/SUB A - Page 22 of 31
784	784		(A) Service upon a corporation under this section shall be deemed to include service upon 1
785	785		both the corporation and upon the person having active and general supervision of the properties 2
786	786		of the corporation; 3
787	787		(B) For purposes of calculating the time within which a claim for a hearing is made 4
788	788		pursuant to subdivision (21)(i), service shall be deemed to be the date of receipt of such notice or 5
789	789		three (3) days from the date of mailing of the notice, whichever shall first occur; 6
790	790		(24)(i) To conduct surveys of the present private and public camping and other recreational 7
791	791		areas available and to determine the need for and location of other camping and recreational areas 8
792	792		as may be deemed necessary and in the public interest of the state of Rhode Island and to report 9
793	793		back its findings on an annual basis to the general assembly on or before March 1 of every year; 10
794	794		(ii) Additionally, the director of the department of environmental management shall take 11
795	795		additional steps, including, but not limited to, matters related to funding as may be necessary to 12
796	796		establish such other additional recreational facilities and areas as are deemed to be in the public 13
797	797		interest; 14
798	798		(25)(i) To apply for and accept grants and bequests of funds, with the approval of the 15
799	799		director of administration, from other states, interstate agencies, and independent authorities, and 16
800	800		private firms, individuals, and foundations, for the purpose of carrying out his or her lawful 17
801	801		responsibilities. The funds shall be deposited with the general treasurer in a restricted receipt 18
802	802		account created in the natural resources program for funds made available for that program’s 19
803	803		purposes or in a restricted receipt account created in the environmental protection program for 20
804	804		funds made available for that program’s purposes. All expenditures from the accounts shall be 21
805	805		subject to appropriation by the general assembly, and shall be expended in accordance with the 22
806	806		provisions of the grant or bequest. In the event that a donation or bequest is unspecified, or in the 23
807	807		event that the trust account balance shows a surplus after the project as provided for in the grant or 24
808	808		bequest has been completed, the director may utilize the appropriated unspecified or appropriated 25
809	809		surplus funds for enhanced management of the department’s forest and outdoor public recreation 26
810	810		areas, or other projects or programs that promote the accessibility of recreational opportunities for 27
811	811		Rhode Island residents and visitors; 28
812	812		(ii) The director shall submit to the house fiscal advisor and the senate fiscal advisor, by 29
813	813		October 1 of each year, a detailed report on the amount of funds received and the uses made of such 30
814	814		funds; 31
815	815		(26) To establish fee schedules by regulation, with the approval of the governor, for the 32
816	816		processing of applications and the performing of related activities in connection with the 33
817	817		department’s responsibilities pursuant to subsection (12); chapter 19.1 of title 23, as it relates to 34
818	818
819	819
820	820		LC001853/SUB A - Page 23 of 31
821	821		inspections performed by the department to determine compliance with chapter 19.1 and rules and 1
822	822		regulations promulgated in accordance therewith; chapter 18.9 of title 23, as it relates to inspections 2
823	823		performed by the department to determine compliance with chapter 18.9 and the rules and 3
824	824		regulations promulgated in accordance therewith; chapters 19.5 and 23 of title 23; chapter 12 of 4
825	825		title 46, insofar as it relates to water-quality certifications and related reviews performed pursuant 5
826	826		to provisions of the federal Clean Water Act, 33 U.S.C. § 1251 et seq.; the regulation and 6
827	827		administration of underground storage tanks and all other programs administered under chapter 12 7
828	828		of title 46 and § 2-1-18 et seq., and chapter 13.1 of title 46 and chapter 13.2 of title 46, insofar as 8
829	829		they relate to any reviews and related activities performed under the provisions of the Groundwater 9
830	830		Protection Act; chapter 24.9 of title 23 as it relates to the regulation and administration of mercury-10
831	831		added products; and chapter 17.7 of this title, insofar as it relates to administrative appeals of all 11
832	832		enforcement, permitting and licensing matters to the administrative adjudication division for 12
833	833		environmental matters. Two (2) fee ranges shall be required: for “Appeal of enforcement actions,” 13
834	834		a range of fifty dollars ($50) to one hundred dollars ($100), and for “Appeal of application 14
835	835		decisions,” a range of five hundred dollars ($500) to ten thousand dollars ($10,000). The monies 15
836	836		from the administrative adjudication fees will be deposited as general revenues and the amounts 16
837	837		appropriated shall be used for the costs associated with operating the administrative adjudication 17
838	838		division. 18
839	839		There is hereby established an account within the general fund to be called the water and 19
840	840		air protection program. The account shall consist of sums appropriated for water and air pollution 20
841	841		control and waste-monitoring programs and the state controller is hereby authorized and directed 21
842	842		to draw his or her orders upon the general treasurer for the payment of the sums, or portions thereof, 22
843	843		as may be required, from time to time, upon receipt by him or her of properly authenticated 23
844	844		vouchers. All amounts collected under the authority of this subdivision for the sewage-disposal-24
845	845		system program and freshwater wetlands program will be deposited as general revenues and the 25
846	846		amounts appropriated shall be used for the purposes of administering and operating the programs. 26
847	847		The director shall submit to the house fiscal advisor and the senate fiscal advisor by January 15 of 27
848	848		each year a detailed report on the amount of funds obtained from fines and fees and the uses made 28
849	849		of the funds; 29
850	850		(27) To establish and maintain a list or inventory of areas within the state worthy of special 30
851	851		designation as “scenic” to include, but not be limited to, certain state roads or highways, scenic 31
852	852		vistas, and scenic areas, and to make the list available to the public; 32
853	853		(28) To establish and maintain an inventory of all interests in land held by public and 33
854	854		private land trust and to exercise all powers vested herein to ensure the preservation of all identified 34
855	855
856	856
857	857		LC001853/SUB A - Page 24 of 31
858	858		lands; 1
859	859		(i) The director may promulgate and enforce rules and regulations to provide for the orderly 2
860	860		and consistent protection, management, continuity of ownership and purpose, and centralized 3
861	861		records-keeping for lands, water, and open spaces owned in fee or controlled in full or in part 4
862	862		through other interests, rights, or devices such as conservation easements or restrictions, by private 5
863	863		and public land trusts in Rhode Island. The director may charge a reasonable fee for filing of each 6
864	864		document submitted by a land trust; 7
865	865		(ii) The term “public land trust” means any public instrumentality created by a Rhode 8
866	866		Island municipality for the purposes stated herein and financed by means of public funds collected 9
867	867		and appropriated by the municipality. The term “private land trust” means any group of five (5) or 10
868	868		more private citizens of Rhode Island who shall incorporate under the laws of Rhode Island as a 11
869	869		nonbusiness corporation for the purposes stated herein, or a national organization such as the nature 12
870	870		conservancy. The main purpose of either a public or a private land trust shall be the protection, 13
871	871		acquisition, or control of land, water, wildlife, wildlife habitat, plants, and/or other natural features, 14
872	872		areas, or open space for the purpose of managing or maintaining, or causing to be managed or 15
873	873		maintained by others, the land, water, and other natural amenities in any undeveloped and relatively 16
874	874		natural state in perpetuity. A private land trust must be granted exemption from federal income tax 17
875	875		under Internal Revenue Code 501(c)(3) [26 U.S.C. § 501(c)(3)] within two (2) years of its 18
876	876		incorporation in Rhode Island or it may not continue to function as a land trust in Rhode Island. A 19
877	877		private land trust may not be incorporated for the exclusive purpose of acquiring or accepting 20
878	878		property or rights in property from a single individual, family, corporation, business, partnership, 21
879	879		or other entity. Membership in any private land trust must be open to any individual subscribing to 22
880	880		the purposes of the land trust and agreeing to abide by its rules and regulations including payment 23
881	881		of reasonable dues; 24
882	882		(iii)(A) Private land trusts will, in their articles of association or their bylaws, as 25
883	883		appropriate, provide for the transfer to an organization, created for the same or similar purposes, of 26
884	884		the assets, lands and land rights, and interests held by the land trust in the event of termination or 27
885	885		dissolution of the land trust; 28
886	886		(B) All land trusts, public and private, will record in the public records, of the appropriate 29
887	887		towns and cities in Rhode Island, all deeds, conservation easements, or restrictions or other interests 30
888	888		and rights acquired in land and will also file copies of all such documents and current copies of 31
889	889		their articles of association, their bylaws, and their annual reports with the secretary of state and 32
890	890		with the director of the Rhode Island department of environmental management. The director is 33
891	891		hereby directed to establish and maintain permanently a system for keeping records of all private 34
892	892
893	893
894	894		LC001853/SUB A - Page 25 of 31
895	895		and public land trust land holdings in Rhode Island; 1
896	896		(29) The director will contact in writing, not less often than once every two (2) years, each 2
897	897		public or private land trust to ascertain: that all lands held by the land trust are recorded with the 3
898	898		director; the current status and condition of each land holding; that any funds or other assets of the 4
899	899		land trust held as endowment for specific lands have been properly audited at least once within the 5
900	900		two-year (2) period; the name of the successor organization named in the public or private land 6
901	901		trust’s bylaws or articles of association; and any other information the director deems essential to 7
902	902		the proper and continuous protection and management of land and interests or rights in land held 8
903	903		by the land trust. In the event that the director determines that a public or private land trust holding 9
904	904		land or interest in land appears to have become inactive, he or she shall initiate proceedings to 10
905	905		effect the termination of the land trust and the transfer of its lands, assets, land rights, and land 11
906	906		interests to the successor organization named in the defaulting trust’s bylaws or articles of 12
907	907		association or to another organization created for the same or similar purposes. Should such a 13
908	908		transfer not be possible, then the land trust, assets, and interest and rights in land will be held in 14
909	909		trust by the state of Rhode Island and managed by the director for the purposes stated at the time 15
910	910		of original acquisition by the trust. Any trust assets or interests other than land or rights in land 16
911	911		accruing to the state under such circumstances will be held and managed as a separate fund for the 17
912	912		benefit of the designated trust lands; 18
913	913		(30) Consistent with federal standards, issue and enforce such rules, regulations, and orders 19
914	914		as may be necessary to establish requirements for maintaining evidence of financial responsibility 20
915	915		for taking corrective action and compensating third parties for bodily injury and property damage 21
916	916		caused by sudden and non-sudden accidental releases arising from operating underground storage 22
917	917		tanks; 23
918	918		(31) To enforce, by such means as provided by law, the standards for the quality of air, and 24
919	919		water, and the location, design, construction, and operation of all underground storage facilities 25
920	920		used for storing petroleum products or hazardous materials; any order or notice issued by the 26
921	921		director relating to the location, design, construction, operation, or maintenance of an underground 27
922	922		storage facility used for storing petroleum products or hazardous materials shall be eligible for 28
923	923		recordation under chapter 13 of title 34. The director shall forward the order or notice to the city or 29
924	924		town wherein the subject facility is located, and the order or notice shall be recorded in the general 30
925	925		index by the appropriate municipal officer in the land-evidence records in the city or town wherein 31
926	926		the subject facility is located. Any subsequent transferee of that facility shall be responsible for 32
927	927		complying with the requirements of the order or notice. Upon satisfactory completion of the 33
928	928		requirements of the order or notice, the director shall provide written notice of the same, which 34
929	929
930	930
931	931		LC001853/SUB A - Page 26 of 31
932	932		notice shall be eligible for recordation. The original, written notice shall be forwarded to the city 1
933	933		or town wherein the subject facility is located, and the notice of satisfactory completion shall be 2
934	934		recorded in the general index by the appropriate municipal official in the land-evidence records in 3
935	935		the city or town wherein the subject facility is located. A copy of the written notice shall be 4
936	936		forwarded to the owner of the subject facility within five (5) days of a request for it, and, in any 5
937	937		event, shall be forwarded to the owner of the subject facility within thirty (30) days after correction; 6
938	938		(32) To manage and disburse any and all funds collected pursuant to § 46-12.9-4, in 7
939	939		accordance with § 46-12.9-5, and other provisions of the Rhode Island Underground Storage Tank 8
940	940		Financial Responsibility Act, as amended; 9
941	941		(33) To support, facilitate, and assist the Rhode Island Natural History Survey, as 10
942	942		appropriate and/or as necessary, in order to accomplish the important public purposes of the survey 11
943	943		in gathering and maintaining data on Rhode Island natural history; making public presentations and 12
944	944		reports on natural history topics; ranking species and natural communities; monitoring rare species 13
945	945		and communities; consulting on open-space acquisitions and management plans; reviewing 14
946	946		proposed federal and state actions and regulations with regard to their potential impact on natural 15
947	947		communities; and seeking outside funding for wildlife management, land management, and 16
948	948		research; 17
949	949		(34) To promote the effective stewardship of lakes, ponds, rivers, and streams including, 18
950	950		but not limited to, collaboration with watershed organizations and associations of lakefront property 19
951	951		owners on planning and management actions that will prevent and mitigate water quality 20
952	952		degradation, reduce the loss of native habitat due to infestation of non-native species, abate 21
953	953		nuisance conditions that result from excessive growth of algal or non-native plant species as well 22
954	954		as promote healthy freshwater riverine ecosystems; 23
955	955		(35) In implementing the programs established pursuant to this chapter, to identify critical 24
956	956		areas for improving service to customers doing business with the department, and to develop and 25
957	957		implement strategies to improve performance and effectiveness in those areas. Key aspects of a 26
958	958		customer-service program shall include, but not necessarily be limited to, the following 27
959	959		components: 28
960	960		(i) Maintenance of an organizational unit within the department with the express purpose 29
961	961		of providing technical assistance to customers and helping customers comply with environmental 30
962	962		regulations and requirements; 31
963	963		(ii) Maintenance of an employee-training program to promote customer service across the 32
964	964		department; 33
965	965		(iii) Implementation of a continuous business process evaluation and improvement effort, 34
966	966
967	967
968	968		LC001853/SUB A - Page 27 of 31
969	969		including process reviews to encourage development of quality proposals; ensure timely and 1
970	970		predictable reviews; and result in effective decisions and consistent follow up and implementation 2
971	971		throughout the department; and publish an annual report on such efforts; 3
972	972		(iv) Creation of a centralized location for the acceptance of permit applications and other 4
973	973		submissions to the department; 5
974	974		(v) Maintenance of a process to promote, organize, and facilitate meetings prior to the 6
975	975		submission of applications or other proposals in order to inform the applicant on options and 7
976	976		opportunities to minimize environmental impact; improve the potential for sustainable 8
977	977		environmental compliance; and support an effective and efficient review and decision-making 9
978	978		process on permit applications related to the proposed project; 10
979	979		(vi) Development of single permits under multiple authorities otherwise provided in state 11
980	980		law to support comprehensive and coordinated reviews of proposed projects. The director may 12
981	981		address and resolve conflicting or redundant process requirements in order to achieve an effective 13
982	982		and efficient review process that meets environmental objectives; and 14
983	983		(vii) Exploration of the use of performance-based regulations coupled with adequate 15
984	984		inspection and oversight, as an alternative to requiring applications or submissions for approval 16
985	985		prior to initiation of projects. The department shall work with the office of regulatory reform to 17
986	986		evaluate the potential for adopting alternative compliance approaches and provide a report to the 18
987	987		governor and the general assembly by May 1, 2015; 19
988	988		(36) To formulate and promulgate regulations requiring any dock or pier longer than twenty 20
989	989		feet (20′) and located on a freshwater lake or pond to be equipped with reflective materials, on all 21
990	990		sides facing the water, of an appropriate width and luminosity such that it can be seen by operators 22
991	991		of watercraft; and 23
992	992		(37) To temporarily waive any control or prohibition respecting the use of a fuel or fuel 24
993	993		additive required or regulated by the department if the director finds that: 25
994	994		(i) Extreme or unusual fuel or fuel additive supply circumstances exist in the state or the 26
995	995		New England region that prevent the distribution of an adequate supply of the fuel or fuel additive 27
996	996		to consumers; 28
997	997		(ii) Extreme or unusual fuel or fuel additive supply circumstances are the result of a natural 29
998	998		disaster, an act of God, a pipeline or refinery equipment failure, or another event that could not 30
999	999		reasonably have been foreseen; and 31
1000	1000		(iii) It is in the public interest to grant the waiver. 32
1001	1001		Any temporary waiver shall be made in writing and shall be effective for twenty (20) 33
1002	1002		calendar days; provided, that the director may renew the temporary waiver, in writing, if it is 34
1003	1003
1004	1004
1005	1005		LC001853/SUB A - Page 28 of 31
1006	1006		deemed necessary. 1
1007	1007		(38)(i) To designate by rule certain waters of the state as shellfish or marine life project 2
1008	1008		management areas for the purpose of enhancing the cultivation and growth of marine species, 3
1009	1009		managing the harvest of marine species, facilitating the conduct by the department of experiments 4
1010	1010		in planting, cultivating, propagating, managing, and developing any and all kinds of marine life, 5
1011	1011		and any other related purpose. 6
1012	1012		(ii) Any such designation shall be by reference to fixed landmarks and include an explicit 7
1013	1013		description of the area to be designated. 8
1014	1014		(iii) Once so designated, the director may adopt rules and regulations addressing 9
1015	1015		restrictions on the quantities, types, or sizes of marine species which may be taken in any individual 10
1016	1016		management area, the times during which marine species may be taken, the manner or manners in 11
1017	1017		which marine species may be taken, the closure of such area to the taking of marine species, or any 12
1018	1018		other specific restrictions as may be deemed necessary. Such rules shall be exempt from the 13
1019	1019		requirements of §§ 42-35-2.7, 42-35-2.8, and 42-35-2.9. 14
1020	1020		(iv) The director, upon the designation of a management area, may place any stakes, 15
1021	1021		bounds, buoys or markers with the words "Rhode Island department of environmental 16
1022	1022		management" plainly marked on them, as will approximate the management area. Failure to place 17
1023	1023		or maintain the stakes, bounds, buoys, or markers shall not be admissible in any judicial or 18
1024	1024		administrative proceeding. 19
1025	1025		(v) Nothing in this section shall prevent the director from implementing emergency rules 20
1026	1026		pursuant to § 42-35-2.10. 21
1027	1027		SECTION 8. Chapter 20-1 of the General Laws entitled "General Provisions" is hereby 22
1028	1028		amended by adding thereto the following section: 23
1029	1029		20-1-30. Regulation of fishing in Great Salt Pond. 24
1030	1030		Notwithstanding the provisions of this title, the electors of the town of New Shoreham may, 25
1031	1031		in a town meeting called for that purpose, enact any ordinances to protect and to regulate the taking 26
1032	1032		of shellfish and other fish in Great Salt Pond, and may impose penalties for violations of these 27
1033	1033		ordinances not exceeding a fine or two hundred dollars ($200) and three (3) months imprisonment 28
1034	1034		for any one offense. 29
1035	1035		SECTION 9. Chapter 20-3 of the General Laws entitled "Marine Fisheries Council" is 30
1036		-	hereby amended by adding thereto the following ~~section~~: 31
	1036	+	hereby amended by adding thereto the following sections: 31
1037	1037		20-3-8. Established of advisory committees. 32
1038	1038		The marine fisheries council may establish any advisory committees or panels that it may 33
1039	1039		deem appropriate to fulfill its responsibilities. 34
1040	1040
1041	1041
1042	1042		LC001853/SUB A - Page 29 of 31
1043		-	~~SECTION 10~~. ~~Sections 20-2.1-10 and 20-2.1-11~~ of ~~the General Laws in Chapter 20-2.1~~ 1
1044		-	~~entitled "Commercial~~ ~~Fishing Licenses"~~ ~~are hereby repealed.~~ 2
1045		-	~~20-2.1-10. Powers and duties of~~ the marine fisheries council ~~with regard to licensure.~~ 3
1046		-	~~The marine fisheries council~~, ~~established by chapter 3~~ of ~~this title~~, ~~shall have the power~~ and 4
1047		-	~~the duty to advise the director in accordance with § 20-2.1-9(3) on all rules, except emergency~~ 5
1048		-	~~rules, necessary to implement~~ the ~~provisions of this~~ chapter. ~~The council may establish any~~ 6
1049		-	~~committees and hold any meetings and hearings that it may deem appropriate to fulfill this~~ 7
1050		-	~~responsibility~~. ~~The council shall advise the director on the development~~ of the ~~regulatory agenda~~ 8
1051		-	~~for~~ marine fisheries ~~and~~ shall have the power ~~to initiate rule making by petition as provided for in~~ 9
1052		-	~~§ 42-35-6.~~ The ~~council shall~~ advise the ~~department concerning the development of annual plans for~~ 10
1053		-	the ~~allocation and use~~ of ~~the funds made available to~~ the ~~department from commercial fishing~~ 11
1054		-	~~license fees, tags, permits,~~ and ~~vessel fees as provided in § 20-2-28.2.~~ 12
1055		-	~~20-2.1-11~~. ~~Industry advisory committee.~~ 13
1056		-	~~The council~~ shall ~~establish an industry advisory committee~~ to ~~provide coordination among~~ 14
1057		-	~~commercial fisheries sectors and to review~~ plans ~~and recommendations that affect more than~~ 15
1058		-	~~commercial fishery sector,~~ and ~~to advise~~ the ~~council and~~ the department ~~on matters that affect~~ 16
1059		-	~~commercial fishing~~ as ~~a whole,~~ ~~which committee shall include representatives of each commercial~~ 17
1060		-	~~fisheries sector and of manners of commercial fishing~~. 18
1061		-	~~SECTION 11. Sections 20-3-3, 20-3-4, 20-3-6 and 20-3-7 of~~ the ~~General Laws in Chapter~~ 19
1062		-	~~20-3 entitled "Marine~~ Fisheries ~~Council" are hereby repealed.~~ 20
1063		-	~~20-3-3. Penalties.~~ 21
1064		-	~~Unless another penalty is specified in this title, any person who violates~~ a ~~rule or regulation~~ 22
1065		-	~~of the marine~~ fisheries ~~council shall, upon conviction, be punished by a fine~~ of ~~not more than five~~ 23
1066		-	~~hundred dollars ($500)~~, ~~or imprisonment for not more than thirty (30) days~~, ~~or both.~~ 24
1067		-	20-3~~-4. Shellfish and~~ marine ~~life management areas~~. 25
1068		-	~~The council may recommend to the director of environmental management, the designation~~ 26
1069		-	~~of certain portions of the shores of the public waters of the state,~~ or ~~land within the state covered~~ 27
1070		-	~~by tidewater at either high or low tide, or portions~~ of the ~~free and common~~ fisheries of ~~the state as~~ 28
1071		-	~~shellfish~~ or ~~marine life project management areas~~ for ~~the purpose of enhancing the cultivation and~~ 29
1072		-	~~growth of~~ marine ~~species; managing the harvest of marine species; facilitating the conduct by the~~ 30
1073		-	~~department~~ of ~~experiments in planting~~, ~~cultivating, propagating, managing, and developing any and~~ 31
1074		-	~~all kinds~~ of ~~marine life;~~ ~~and any other related purpose.~~ The ~~designation shall be pursuant to~~ the 32
1075		-	~~Administrative Procedures Act~~, ~~chapter 35~~ of ~~title 42,~~ and ~~shall be by reference to fixed landmarks.~~ 33
1076		-	~~The council,~~ ~~upon~~ the ~~designation~~ of ~~a management area, shall propose any rules~~ and ~~regulations~~ 34
	1043	+	20-3-9. Administrative support provided by the division of marine fisheries. 1
	1044	+	The division of marine fisheries within the department of environmental management shall 2
	1045	+	provide administrative support functions to the marine fisheries council including, but not limited 3
	1046	+	to, agenda development, mailings, preparation of meeting minutes, meeting notices, and advisory 4
	1047	+	committee guidance. 5
	1048	+	SECTION 10. Sections 20-2.1-10 and 20-2.1-11 of the General Laws in Chapter 20-2.1 6
	1049	+	entitled "Commercial Fishing Licenses" are hereby repealed. 7
	1050	+	20-2.1-10. Powers and duties of the marine fisheries council with regard to licensure. 8
	1051	+	The marine fisheries council, established by chapter 3 of this title, shall have the power and 9
	1052	+	the duty to advise the director in accordance with § 20-2.1-9(3) on all rules, except emergency 10
	1053	+	rules, necessary to implement the provisions of this chapter. The council may establish any 11
	1054	+	committees and hold any meetings and hearings that it may deem appropriate to fulfill this 12
	1055	+	responsibility. The council shall advise the director on the development of the regulatory agenda 13
	1056	+	for marine fisheries and shall have the power to initiate rule making by petition as provided for in 14
	1057	+	§ 42-35-6. The council shall advise the department concerning the development of annual plans for 15
	1058	+	the allocation and use of the funds made available to the department from commercial fishing 16
	1059	+	license fees, tags, permits, and vessel fees as provided in § 20-2-28.2. 17
	1060	+	20-2.1-11. Industry advisory committee. 18
	1061	+	The council shall establish an industry advisory committee to provide coordination among 19
	1062	+	commercial fisheries sectors and to review plans and recommendations that affect more than 20
	1063	+	commercial fishery sector, and to advise the council and the department on matters that affect 21
	1064	+	commercial fishing as a whole, which committee shall include representatives of each commercial 22
	1065	+	fisheries sector and of manners of commercial fishing. 23
	1066	+	SECTION 11. Sections 20-3-3, 20-3-4, 20-3-6 and 20-3-7 of the General Laws in Chapter 24
	1067	+	20-3 entitled "Marine Fisheries Council" are hereby repealed. 25
	1068	+	20-3-3. Penalties. 26
	1069	+	Unless another penalty is specified in this title, any person who violates a rule or regulation 27
	1070	+	of the marine fisheries council shall, upon conviction, be punished by a fine of not more than five 28
	1071	+	hundred dollars ($500), or imprisonment for not more than thirty (30) days, or both. 29
	1072	+	20-3-4. Shellfish and marine life management areas. 30
	1073	+	The council may recommend to the director of environmental management, the designation 31
	1074	+	of certain portions of the shores of the public waters of the state, or land within the state covered 32
	1075	+	by tidewater at either high or low tide, or portions of the free and common fisheries of the state as 33
	1076	+	shellfish or marine life project management areas for the purpose of enhancing the cultivation and 34
1077	1077
1078	1078
1079	1079		LC001853/SUB A - Page 30 of 31
1080		-	as it shall deem necessary for the protection and management of the management area and the 1
1081		-	animal life and property in the management area, including the exclusion or restriction of persons 2
1082		-	from the area or the prohibition of certain activities within the areas or other restrictions as it may 3
1083		-	deem necessary. Upon the designation of a management area, the director of environmental 4
1084		-	management shall place any stakes, bounds, buoys, or markers with the words “Rhode Island 5
1085		-	department of environmental management” plainly marked on them, as will approximate the 6
1086		-	management area. Failure to place or maintain the stakes, bounds, buoys, or markers shall not be 7
1087		-	admissible in any judicial or administrative proceeding. The director may make any experiments 8
1088		-	or conduct any activities as in his or her discretion are appropriate in these management areas. 9
1089		-	20-3-6. Suspension and revocation of licenses. 10
1090		-	The director of environmental management has the authority to suspend or revoke any 11
1091		-	shellfishing, lobster, or fishing license issued pursuant to any provision of this title, for violation of 12
1092		-	a rule and regulation adopted by the marine fisheries council, in any manner and for any period as 13
1093		-	the director determines by regulation. Any person aggrieved by an order of suspension or 14
1094		-	revocation may appeal the order in accordance with the provisions of the Administrative Procedures 15
1095		-	Act, chapter 35 of title 42. 16
1096		-	20-3-7. Regulation of fishing in Great Salt Pond. 17
1097		-	Notwithstanding the provisions of §§ 20-10-1 through 20-10-4, the electors of the town of 18
1098		-	New Shoreham may, in a town meeting called for that purpose, enact any ordinances to protect and 19
1099		-	to regulate the taking of shellfish and other fish in Great Salt Pond, and may impose penalties for 20
1100		-	violations of these ordinances not exceeding a fine of two hundred dollars ($200) and three (3) 21
1101		-	months imprisonment for any one offense. 22
1102		-	SECTION 12. This act shall take effect upon passage. 23
	1080	+	growth of marine species; managing the harvest of marine species; facilitating the conduct by the 1
	1081	+	department of experiments in planting, cultivating, propagating, managing, and developing any and 2
	1082	+	all kinds of marine life; and any other related purpose. The designation shall be pursuant to the 3
	1083	+	Administrative Procedures Act, chapter 35 of title 42, and shall be by reference to fixed landmarks. 4
	1084	+	The council, upon the designation of a management area, shall propose any rules and regulations 5
	1085	+	as it shall deem necessary for the protection and management of the management area and the 6
	1086	+	animal life and property in the management area, including the exclusion or restriction of persons 7
	1087	+	from the area or the prohibition of certain activities within the areas or other restrictions as it may 8
	1088	+	deem necessary. Upon the designation of a management area, the director of environmental 9
	1089	+	management shall place any stakes, bounds, buoys, or markers with the words “Rhode Island 10
	1090	+	department of environmental management” plainly marked on them, as will approximate the 11
	1091	+	management area. Failure to place or maintain the stakes, bounds, buoys, or markers shall not be 12
	1092	+	admissible in any judicial or administrative proceeding. The director may make any experiments 13
	1093	+	or conduct any activities as in his or her discretion are appropriate in these management areas. 14
	1094	+	20-3-6. Suspension and revocation of licenses. 15
	1095	+	The director of environmental management has the authority to suspend or revoke any 16
	1096	+	shellfishing, lobster, or fishing license issued pursuant to any provision of this title, for violation of 17
	1097	+	a rule and regulation adopted by the marine fisheries council, in any manner and for any period as 18
	1098	+	the director determines by regulation. Any person aggrieved by an order of suspension or 19
	1099	+	revocation may appeal the order in accordance with the provisions of the Administrative Procedures 20
	1100	+	Act, chapter 35 of title 42. 21
	1101	+	20-3-7. Regulation of fishing in Great Salt Pond. 22
	1102	+	Notwithstanding the provisions of §§ 20-10-1 through 20-10-4, the electors of the town of 23
	1103	+	New Shoreham may, in a town meeting called for that purpose, enact any ordinances to protect and 24
	1104	+	to regulate the taking of shellfish and other fish in Great Salt Pond, and may impose penalties for 25
	1105	+	violations of these ordinances not exceeding a fine of two hundred dollars ($200) and three (3) 26
	1106	+	months imprisonment for any one offense. 27
	1107	+	SECTION 12. This act shall take effect upon passage. 28
1103	1108		========
1104	1109		LC001853/SUB A
1105	1110		========
1106	1111
1107	1112
1108	1113		LC001853/SUB A - Page 31 of 31
1109	1114		EXPLANATION
1110	1115		BY THE LEGISLATIVE COUNCIL
1111	1116		OF
1112	1117		A N A C T
1113	1118		RELATING TO FISH AND WILDLIFE -- GENERAL PROVISIONS
1114	1119		***
1115	1120		This act would provide amendments to multiple sections of law related to the marine 1
1116	1121		fisheries council. 2
1117	1122		This act would take effect upon passage. 3
1118	1123		========
1119	1124		LC001853/SUB A
1120	1125		========
	1126	+