2022 -- H 7067

========

LC003530

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

____________

A N   A C T

RELATING TO FISH AND WILDLIFE - RHODE ISLAND FREEDOM TO FISH AND

MARINE CONSERVATION ACT

     

     Introduced By: Representative Joseph J. Solomon

     Date Introduced: January 12, 2022

     Referred To: House Environment and Natural Resources

     (by request)

It is enacted by the General Assembly as follows:

1

     SECTION 1. Section 20-3.2-3 of the General Laws in Chapter 20-3.2 entitled "Rhode

2

Island Freedom to Fish and Marine Conservation Act" is hereby amended to read as follows:

3

     20-3.2-3. Freedom to fish.

4

     (a) The marine waters of Rhode Island, or portions thereof, shall not be closed to

5

recreational or commercial fishing unless such closure is:

6

     (1) Deemed necessary in order to protect, manage, or restore marine fish, shellfish,

7

crustaceans, and associated marine habitats or other marine resources, protect public health or

8

safety, or address some other public purpose;

9

     (2) Based on the best currently available scientific information; and

10

     (3) Developed via public review and stakeholder input through chapter 35 of title 42 and

11

other applicable state law, and with the advice of the marine fisheries council; except where the

12

director deems it necessary to institute a closure via emergency rule, in which case the regulation

13

must meet the standards set forth by chapter 35 of title 42 and have an effective period of not more

14

than one hundred twenty (120) days.; or

15

     (4) Made pursuant to § 20-3.2-4.

16

     (b) Any marine waters of Rhode Island, or portions thereof, that are closed to recreational

17

or commercial fishing shall be reopened if and when the original justification for such closure

18

ceases to apply.

 

1

     (c) As part of the annual reporting requirements as specified in § 20-2.1-9(6), the

2

department of environmental management, upon advice of the marine fisheries council, shall

3

include therein an evaluation of any closures identified as significant by the council and any

4

relevant scientific information related thereto that was collected during the year.

5

     SECTION 2. Chapter 20-3.2 of the General Laws entitled "Rhode Island Freedom to Fish

6

and Marine Conservation Act" is hereby amended by adding thereto the following section:

7

     20-3.2-4. Shellfish restoration.

8

     (a) Wild shellfish harvests are at historic lows, and natural recruitment rates are too low to

9

sustain healthy populations because shellfish are an important indicator of the overall health of the

10

ecosystem. Accordingly, the department of environmental management shall, based on the best

11

currently available scientific information, and pursuant to the Rhode Island shellfish management

12

plan:

13

     (1) Establish baseline shellfish harvest targets and a timeline to accomplish the restoration

14

targets of quahog, oyster, and bay scallop populations to support and sustain commercial and

15

recreational fishermen and the commercial and recreational fishing industry; and

16

     (2) Establish rules and regulations to ensure that the genetic integrity of quahog, oyster,

17

and bay scallop populations are maintained.

18

     (b) The director of the department of environmental management shall enforce subsection

19

(a) of this section. If the director of the department of environmental management fails to enforce

20

subsection (a) of this section, aggrieved parties may bring an action in the superior court seeking

21

injunctive relief, a declaratory judgment, a writ of mandamus or any combination thereof.

22

     SECTION 3. This act shall take effect upon passage.

========

LC003530

========

 

LC003530 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FISH AND WILDLIFE - RHODE ISLAND FREEDOM TO FISH AND

MARINE CONSERVATION ACT

***

1

     This act would require the department of environmental management to establish baseline

2

shellfish harvest targets and a timeline to accomplish the restoration targets of quahog, oyster, and

3

bay scallop populations. The director of the department of environmental management would

4

enforce the provisions of this act, and if the director fails to enforce this act, an aggrieved party

5

would be able to bring an action in superior court for declaratory and/or equitable relief.

6

     This act would take effect upon passage.

========

LC003530

========

 

LC003530 - Page 3 of 3