2024 -- S 2953

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LC005909

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO FISH AND WILDLIFE -- COMMERCIAL FISHERIES

     Introduced By: Senators Sosnowski, DiMario, and F. Lombardi

     Date Introduced: April 05, 2024

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 20-4 of the General Laws entitled "Commercial Fisheries" is hereby

amended by adding thereto the following sections:

     20-4-15. Commercial dock space set aside for use by commercial seafood industry.

     (a) “Commercial dock space” means a docking space or area used as part of a business,

including a dock extending from residential property if one or more mooring spaces at the dock are

rented for a fee and there are more than ten (10) mooring spaces or slips. A dock maintenance fee

charged by a property owners association to its members is not a basis to classify a dock as

commercial. Commercial dock space does not include dock or port space under DEM management

or on state-owned property.

     (b) All applications for renovations to “commercial dock space”, as defined in this section,

and for new commercial dock space shall be reviewed by DEM in order to determine whether there

shall be requirements for a set aside or for a preference for commercial fishing industry use at the

commercial dock space.

     (c) The DEM, in conjunction with the CRMC, may utilize the technical assistance and

funding of the LASA (RI Local Agriculture and Seafood Act) program and/or the commercial dock

space preservation fund to ensure that applications for renovations to, and applications for new,

commercial dock space are reviewed for inclusion of a set aside or a preference for dock space for

commercial fishers in order to assure the long-term economic prosperity of Rhode Island’s seafood

industry.

     (d) The DEM shall determine the need for dock space for commercial fishers in the area of

the commercial dock space, including the historical need of commercial fishers for space in the

area being developed or renovated and shall make a determination of whether space should be set

aside or given a preference for use by the commercial fishing industry.

     (e) The CRMC shall implement the DEM determinations for any Rhode Island commercial

dock space within CRMC jurisdiction.

     (f) The DEM shall promulgate rules and regulations necessary for the administration of

this section which shall include commercial fishing activity requirements in order to obtain use of

the commercial dock space set aside for the seafood industry pursuant to this section.

     (g) Commercial dock owners who are required to provide a set aside or a preference for

commercial fishing activity pursuant to this section shall annually file a report to the DEM on a

form provided by the DEM.

     20-4-16. Commercial dock space preservation fund.

     (a) A commercial dock space preservation fund is established under the jurisdiction of the

DEM.

     (b) The purpose of the fund is to preserve, maintain or obtain commercial dock space for

use by commercial fishers.

     (c) The fund shall consist of:

     (1) Money appropriated in the state budget to the fund or otherwise made available to the

fund;

     (2) Money made available to the fund through federal programs or private contributions;

     (3) Repayments of principal and interest from loans made from the fund;

     (4) Proceeds from the sale, disposition, lease, or rental of collateral related to financial

assistance provided under this chapter; and

     (5) Any other money made available to the fund.

     SECTION 2. Section 2-25-7 of the General Laws in Chapter 2-25 entitled "The Rhode

Island Local Agriculture and Seafood Act" is hereby amended to read as follows:

     2-25-7. Use of funds.

     (a) A non-profit entity or small or beginning farmer or commercial fisher may apply to the

department of environmental management for a grant to be used to fulfill the purposes of the

program as stated in subdivisions 2-25-5(3) and 2-25-5(4). Any grant disbursed under this program

shall not exceed twenty thousand dollars ($20,000) per year. Applications for grants authorized

under this section shall:

     (1) Provide a brief summary of the nonprofit entity or small or beginning farmer’s or

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commercial fisher’s mission, goals, history, programs, and major accomplishments, success stories

and qualifications;

     (2) Briefly describe the proposed project or program, the capacity to carry out the program

and who will benefit from the program;

     (3) Describe the expected outcomes and the indicators of those outcomes;

     (4) Outline the timeline to be used in the implementation of the program or project; and

     (5) Provide a program or project budget.

     (b) The funds shall also be used by the department to provide administrative and technical

support of the program, and to leverage program funds with other potential federal, state or

nonprofit funding sources, and shall serve to develop, implement and enforce when appropriate

food safety related standards and programs related to local agriculture and seafood in coordination

with the Rhode Island department of health and appropriate federal agencies.

     SECTION 3. This act shall take effect upon passage.

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LC005909

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FISH AND WILDLIFE -- COMMERCIAL FISHERIES

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     This act would establish commercial dock space to be used as part of a business and not

under DEM management or on state owned property. Applications for renovations and new

commercial dock space would be reviewed by DEM. The act would also create a commercial dock

space preservation fund established under DEM jurisdiction and would include commercial fishers

as eligible for grants to be used to fulfill the purposes of chapter 25 of title 2.

     This act would take effect upon passage.

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LC005909

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