2022 -- S 2304

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LC004689

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

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

MARINE CONSERVATION ACT

     Introduced By: Senator Michael J. McCaffrey

     Date Introduced: February 15, 2022

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

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

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

     20-3.2-3. Freedom to fish.

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

recreational or commercial fishing unless such closure is:

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

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

safety, or address some other public purpose;

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

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

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

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

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

than one hundred twenty (120) days.; or

     (4) Made pursuant to § 20-3.2-4.

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

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

ceases to apply.

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

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

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

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

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

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

     20-3.2-4. Shellfish restoration.

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

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

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

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

plan:

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

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

recreational fishermen and the commercial and recreational fishing industry; and

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

and bay scallop populations are maintained.

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

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

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

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

     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 - RHODE ISLAND FREEDOM TO FISH AND

MARINE CONSERVATION ACT

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

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

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

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

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

     This act would take effect upon passage.

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LC004689

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