2015 -- H 5924 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO FISH AND WILDLIFE - REGULATION OF MARINE FISHERIES

     

     Introduced By: Representatives Ruggiero, Serpa, McKiernan, Tanzi, and Carson

     Date Introduced: March 18, 2015

     Referred To: House Environment and Natural Resources

     (Environmental Management)

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 20-1 of the General Laws entitled "General Provisions" is hereby

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amended by adding thereto the following section:

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     20-1-12.1. Modifications to possession limits and seasons for marine species

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managed under quotas. -- (a) In accordance with regulatory programs promulgated pursuant to

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the administrative procedures act, chapter 35 of title 42, and pursuant to the exemption afforded

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by § 42-35-18(b)(5) of the act, and notwithstanding the provisions of chapter 35.1 of title 42, the

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director shall have the authority to modify possession limits and seasons in order to meet the

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harvest allocation for a given marine species managed under a quota.

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     (b) Notification of changes. For all such changes identified in subsection (a) of this

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section, the director shall provide public notification via a dedicated phone line, electronic

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notification to dealers, listserv, and website posting, At least three (3) of these notifications shall

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occur a minimum of forty-eight (48) hours prior to the date that the change is to be effective.

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     (c) Record of change. For all such changes identified in subsection (a) of this section, the

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director shall certify the record of the change, maintain the record, and make it available for

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public inspection.

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     SECTION 2. Section 20-2.1-9 of the General Laws in Chapter 20-2.1 entitled

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"Commercial Fishing Licenses" is hereby amended to read as follows:

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     20-2.1-9. Powers and duties of the director. -- It shall be the duty of the director to

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adopt, implement effective January 1, 2003, and maintain a commercial fisheries licensing system

 

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that shall incorporate and be consistent with the purposes of this chapter; in performance of this

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duty the director shall follow the guidelines and procedures set forth below:

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      (1) The rule making powers of the director to accomplish the purposes of this chapter

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shall include the following with regard to commercial fishing licenses and commercial fishing by

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license holders:

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      (i) Types of licenses and/or license endorsement consistent with the provisions of this

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chapter and applicable sections of this title, and limitations on levels of effort and/or on catch by

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type of license and/or license endorsement;

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      (ii) Design, use, and identification of gear;

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      (iii) Declarations for data collection purposes of vessels used in commercial fishing,

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which declaration requirements shall in no way, except as otherwise provided for in law, restrict

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the use of any vessel less than twenty-five feet (25') in length overall by appropriate holders of

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commercial fishing licenses;

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      (iv) Areas in Rhode Island waters where commercial fishing of different types may take

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place, and where it may be prohibited or limited, and the times and/or seasons when commercial

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fishing by type or species may be allowed, restricted, or prohibited;

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      (v) Limitations and/or restrictions on effort, gear, catch, or number of license holders and

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endorsements;

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      (vi) Emergency rules, as provided for in chapter 35 of title 42, to protect an unexpectedly

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imperiled fishery resource, to provide access to a fisheries resource that is unexpectedly more

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abundant, and to protect the public health and safety from an unexpected hazard or risk. The

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marine fisheries council shall be notified of all emergency rules on or before their effective date,

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and no emergency rule shall become a final rule unless it is promulgated as provided for in

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subdivision (3) of this section.

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      (2) When implementing the system of licensure set forth in §§ 20-2.1-4, 20-2.1-5, 20-

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2.1-6, and 20-2.1-7 and other provisions of this title pertaining to commercial fishing licenses,

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permits, and registrations, the director shall consider the effect of the measure on the access of

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Rhode Islanders to commercial fishing and when establishing limitations on effort and/or catch:

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      (i) The effectiveness of the limitation:

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      (A) In achieving duly established conservation or fisheries regeneration goals or

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requirements;

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      (B) In maintaining the viability of fisheries resources overall, including particularly, the

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reduction of by-catch, discards, and fish mortality, and in improving efficiency in the utilization

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of fisheries resources;

 

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      (C) In complementing federal and regional management programs and the reciprocal

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arrangements with other states;

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      (ii) The impact of the limitation on persons engaged in commercial fishing on:

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      (A) Present participation in the fishery, including ranges and average levels of

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participation by different types or classes of participants;

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      (B) Historical fishing practices in, and dependence on, the fishery;

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      (C) The economics of the fishery;

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      (D) The potential effects on the safety of human life at sea;

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      (E) The cultural and social framework relevant to the fishery and any affected fishing

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communities; and

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      (iii) Any other relevant considerations that the director finds in the rule making process;

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      (iv) The following standards for fishery conservation and management, which standards

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shall understood and applied so far as practicable and reasonable in a manner consistent with

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federal fisheries law, regulation, and guidelines:

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      (A) Conservation and management measurers shall prevent overfishing, while achieving,

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on a continuing basis, the optimum yield from each fishery;

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      (B) Conservation and management measures shall be based upon the best scientific

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information available; and analysis of impacts shall consider ecological, economic and social

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consequences of the fishery as a whole;

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      (C) Conservation and management measures shall, where practicable, consider

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efficiency in the utilization of fisheries resources; except that no such measure shall have

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economic allocation as its sole purpose;

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      (D) Conservation and management measures shall take into account and allow for

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variations among, and contingencies in, fisheries, fishery resources, and catches;

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      (E) Conservation and management measures shall, where practicable, minimize costs

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and avoid unnecessary duplication;

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      (F) Conservation and management measures shall, consistent with conservation

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requirements of this chapter (including the prevention and overfishing and rebuilding of

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overfished stocks), take into account the importance of fishery resources to fishing communities

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in order to (I) provide for the sustained participation of those communities, and (II) to the extent

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practicable, minimize adverse economic impacts on those communities;

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      (G) Conservation and management measures shall, to the extent practicable: (I)

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minimize by-catch and (II) to the extent by-catch cannot be avoided, minimize the mortality of

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the by-catch;

 

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      (H) Conservation and management measures shall, to the extent practicable, promote the

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safety of human life at sea.

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      (3) (i) The rule making process set forth in this subdivision shall conform with the

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requirements of the Administrative Procedures Act, chapter 35 of title 42, and shall include a

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regulatory agenda for marine fisheries management, with the advice of the marine fisheries

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council, in accordance with the requirements of § 42-35-5.1;

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      (ii) The director shall submit a proposed rule to the marine fisheries council at least sixty

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(60) thirty (30) days prior to the proposed date of the public hearing on the rule;

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      (iii) The public hearing shall be on either the rule as proposed to the marine fisheries

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council by the director or a proposed revision to that rule adopted by the marine fisheries council;

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      (iv) The proposed rule as submitted by the director to the marine fisheries council and

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the council report and recommendation regarding the rule shall both be entered into the record of

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the hearing conducted in accordance with the requirements of chapter 35 of title 42;

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      (v) Notwithstanding the provisions of paragraphs (i) -- (iv) of this subdivision, the

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director may promulgate a rule with less than sixty (60) thirty (30) days notice to the marine

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fisheries council if and to the extent necessary to comply with federal requirements or to respond

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to a sudden change in conditions, where failure to take immediate action would likely cause harm

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to fishery resources or participants;

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      (vi) The decision of the director shall state the basis for adopting the rule including a

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concise statement giving the principal reasons for and against its adoption and the response to

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positions entered into the record; and in the case of a rule promulgated in accordance with

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paragraph (v) of this subdivision, the reasons for having to take immediate action.

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      (4) Matters to be considered in establishing license programs under this chapter. - The

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director shall be consistent with the requirements of § 20-2.1-2(6) in establishing and

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implementing a licensing system in accordance with the provisions of this chapter that shall be

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designed to accomplish marine fisheries management objectives. The licensing system may limit

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access to fisheries, particularly commercial fisheries for which there is adequate or greater than

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adequate harvesting capacity currently in the fishery and for which either a total allowable catch

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has been set or a total allowable level of fishing effort has been established for the purpose of

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preventing over-fishing of the resource or the dissipation of the economic yield from the fishery.

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This authority shall include the authority of the director to:

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      (i) Differentiate between the level of access to fisheries provided to license holders or

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potential license holders on the basis of past performance, dependence on the fishery, or other

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criteria;

 

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      (ii) Establish prospective control dates that provide notice to the public that access to,

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and levels of participation in, a fishery may be restricted and that entrance into, or increases in

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levels of participation in a fishery after the control date may not be treated in the same way as

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participation in the fishery prior to the control date; retroactive control dates are prohibited and

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shall not be used or implemented, unless expressly required by federal law, regulation or court

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decision;

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      (iii) Establish levels of catch by type of license and/or endorsement which shall provide

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for basic and full harvest and gear levels; quotas may be allocated proportionally among classes

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of license holders as needed to maintain the viability of different forms of commercial fishing.

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      (5) The director shall, annually, by rule, with the advice of the marine fisheries council,

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develop and update conservation and management plans for the fishery resources of the state,

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which conservation and management plans shall be adopted developed and updated prior to and

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at the same time as adoption of any license restrictions on effort or catch. Such plans shall address

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stock status, performance of fisheries and quotas, and management and licensing programs, and

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offer any recommendations for new or alternative approaches to management and/or licensing

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identified by the department or the marine fisheries council. In the development of the fishery

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conservation and management plans, priority shall be given to those resources with the highest

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value to the state, either for commercial or recreational purposes.

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      (6) The director shall report annually to the general assembly and to the citizens

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concerning the conservation and management of the fishery resources of the state, noting

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particularly the status of any fishery resources that are considered to be over-fished or were

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considered to be over-fished in the preceding year.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FISH AND WILDLIFE - REGULATION OF MARINE FISHERIES

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     This act would authorizes the director to modify possession limits of certain marine

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species and the fishing seasons thereto and would require notice and a record keeping of any

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changes made to said limits or seasons and would further require that the director annually

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develop and update plans to address stock status and fishery performance.

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     This act would take effect upon passage.

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