S  T  A  T  E     O  F     R  H  O  D  E     I  S  L  A  N  D    

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2000

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20-2-28.2. Deposit of fees -- In any fiscal year moneys generated from license fees provided for in sections 20-2-20 -- 20-2-28.1 , over and above the sum of two hundred thousand dollars ($200,000) shall be deposited with the general treasurer and appropriated to the department of environmental management. The state controller is authorized and directed to draw orders upon the general treasurer for payment of any sum or sums as may be necessary from time to time upon receipt by him or her of duly authenticated vouchers presented by the director of environmental management. The moneys received under this section are to be used only for the following specific purposes:

(1) For protection and propagation of marine fish, lobsters, and shellfish;

(2) For additional enforcement of the marine fishery regulations;

(3) For transplanting shellfish from closed areas;

(4) For fishing port development and construction;

(5) For staff support of, and expenses incurred by, the marine fisheries council; and

(6) For lease and purchase of land or acquisition of conservation easements . for the purpose of fishery conservation or restoration.

All commercial and recreational fishing license fees collected by the department shall be placed into a restricted receipt account that will report annually to the department of administration, budget office and to the general assembly. These funds shall be used solely to enhance or restore fisheries related to the license issued. For example, license fees for shellfishing licenses shall be used solely for shellfishery enhancement and all license fees collected for freshwater sportfishing shall be used to enhance freshwater sportfisheries. Authorized uses of license fee monies include maintenance and operation of state fish hatcheries and other public aquaculture facilities, the purchase of finfish fingerlings and/or shellfish seedstock from privately operated aquaculture facilities and the transplantation or relay of shellfish stock from areas closed to shellfishing. All other uses of funds in restricted fishing license accounts, including the payment of staff salaries, building and maintenance of port and dock facilities, and other administrative costs are prohibited.

20-2-44. Shellfish transplant program -- In addition to any appropriation made pursuant to section 20-2-28.2, the general assembly shall appropriate from the general fund to the division of fish and wildlife, the amount it deems necessary for the purpose of maintaining a shellfish transplant program for the fiscal year ending June 30, 2000, and thereafter, the division of fish and wildlife shall develop a sustainable shellfish management plan. In order to conserve shellfisheries stocks in source areas for transplants or relays, the department shall determine a maximum amount of shellfish to be moved on an annual basis and develop regulations to limit the number of shellfish to be transplanted or relayed annually. Criteria to be considered in the determination of the maximum annual transplant tonnage (commonly referred to as maximum sustainable yield) from closed waters shall include effects of the removal of the stock on the reproduction of shellfish, the production of shellfish larvae, and the naturally replenishing rate of the fishery, as well as the effect of removal of large numbers of filter feeding mollusks on water quality.

SECTION 2. Chapter 20-2 of the General Laws entitled "Licensing" is hereby amended by adding thereto the following section:

20-2-28.3. Expenditures for fishery enhancement and transplants. -- Expenditures of funds from restricted receipt accounts for purchase of finfish fingerlings or shellfish seedstock from the private sector for fisheries stock restoration or the contracted transplant or relay of shellfish from areas closed to shellfish shall follow all state purchase requirements, including the competitive bidding process. In the case of transplants or relays of shellfish, the department shall use number of shellfish moved per dollar spent as the main criteria for determining the successful bidder. Bidders may be either a single firm using a boat equipped with a shellfish dredge or a formal association of small-scale fishermen using hand implements.

SECTION 3. This act shall take effect upon passage.

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LC01424
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF

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This act would authorize the use of fees collected for fishing licenses to be used exclusively for the enhancement of fisheries. The act also stipulates that expenditures of licensing fees for transplants or other activities follow state purchasing protocols. Additionally, it stipulates that the department of environmental management determines the maximum tonnage of shellfish that can be annually removed from transplant source areas to prevent over-harvest and adverse environmental impacts.

This act would take effect upon passage.