2025 -- S 0643

========

LC001597

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

____________

A N   A C T

RELATING TO FISH AND WILDLIFE -- SHELLFISH

     Introduced By: Senators McKenney, Britto, DiMario, Urso, Sosnowski, and Murray

     Date Introduced: March 07, 2025

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 20-6 of the General Laws entitled "Shellfish" is hereby amended by

adding thereto the following section:

     20-6-31. Shellfish hatchery program.

     (a) Definitions. As used in this section the following terms shall have the following

meanings:

     (1) “Department” means the department of environmental management.

     (2) “Redfield ratio” is the ratio of carbon (C), nitrogen (N), and phosphorus (P) in marine

phytoplankton and dissolved nutrients. The ratio is 106:16:1.

     (3) “Shellfish” means any species of molluscan bivalve, including quahogs, clams, scallops

and oysters.

     (4) “Shellfish dealer” means a person duly licensed by the State of Rhode Island to sell,

purchase, barter, and/or trade shellfish products obtained directly from a duly licensed commercial

fisher, pursuant to the provisions of chapter 2.1 of title 20.

     (b) Shellfish hatchery program.

     (1) The department shall establish a shellfish hatchery program in order to foster

sustainable development and resiliency of Rhode Island’s historic shellfish industry.

     (2) The program shall be administered by a nonprofit entity chosen by the department, and

be used only for the public benefit of the wild shellfish industry. The hatchery shall have a

production capacity of five hundred million (500,000,000) pieces annually.

     (3) On or before September 1, 2025, and every five (5) years thereafter, the department

shall produce specifications to receive bids from nonprofits to conduct the proposed operation of

programs to fulfill the requirements of this section.

     (4) The department, in conjunction with the department of administration, shall solicit

proposed bids from nonprofits for the operation of the shellfish hatchery. Funding for

implementation and operation of the program shall be pursuant to the provisions of subsection (c)

of this section.

     (5) The department of environmental management shall supervise the program and

promulgate rules and regulations related to the operation of the hatchery program.

     (6) The nonprofit organization chosen pursuant to this section shall be deemed and held to

be in the performance of an essential governmental function of the state for public purposes.

     (c) Funding.

     (1) The department shall establish a restricted receipt account with funds to be used in the

establishment and operation of the shellfish hatchery program. The funding in the account shall be

limited to an amount to cover a maximum of ten (10) years of the program implementation and

operation. Excess funds, if any, shall be deposited in the general fund.

     (2) The department shall:

     (i) Establish a fee to be collected per piece bought by a shellfish dealer. The fee determined

by the department shall go into effect on a date beginning three (3) years after the first year’s

shellfish hatchery production. Funding for the program shall also include funds appropriated by the

general assembly for the program, with all funds directed into the shellfish hatchery program

restricted receipt account;

     (ii) Provide a report to the general assembly providing an estimate of the necessary

appropriation to initially implement and operate the program pursuant to the proposal adopted in

accordance with the provisions of subsection (b) of this section; and

     (iii) The department may accept from any source any grant, donation or gift for carrying

out the purposes of this section.

     (d) Nitrogen levels.

     (1) The department shall monitor the nitrogen levels in all shellfish harvest areas to ensure

levels meet the Redfield ratio year-round.

     (2) Nitrogen data collected by the department shall be reported monthly and be available

to the public.

LC001597 - Page 2 of 4

     SECTION 2. This act shall take effect upon passage.

========

LC001597

========

LC001597 - Page 3 of 4

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FISH AND WILDLIFE -- SHELLFISH

***

     This act would create a department of environmental management shellfish hatchery

program to foster sustainable development and resiliency of the state's shellfish industry. The

department shall accept proposals and choose a nonprofit entity to administer the program.

     This act would take effect upon passage.

========

LC001597

========

LC001597 - Page 4 of 4