2003 -- H 5686 SUBSTITUTE A

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LC00749/SUB A/3

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2003

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A N A C T

RELATING TO FISHING

     Introduced By: Representatives Palumbo, Long, Jacquard, Smith, and McCauley

     Date Introduced: February 11, 2003

     Referred To: Joint Environment & Energy

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 20 of the General Laws entitled "Fish and Wildlife" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 3.2

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RHODE ISLAND FREEDOM TO FISH AND MARINE CONSERVATION ACT

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     20-3.2-1. Short title. -- This chapter shall be known as the “Rhode Island Freedom to

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Fish and Marine Conservation Act.”

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     20-3.2-2. Findings. -- The general assembly finds and declares that:

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     (a) The people of the State of Rhode Island have an ongoing interest in the sound

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management of commercially and noncommercially important marine fish, shellfish and

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crustacean and other marine species and their associated habitats;

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     (b) That marine fisheries have been important to the way of life of people in Rhode Island

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throughout its history;

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     (c) Marine fisheries support commercial operations and recreational activities, both of

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which are significant contributors to the state's economy;

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     (d) The rights and interests of people to engage in commercial and recreational fishing in

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Rhode Island's marine waters need to be recognized and protected;

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     (e) Rhode Island has historically managed its marine fisheries for the benefit of the

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people of the state, as an ecological asset, and as a source of food, income and recreation;

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     (f) Protecting fish, shellfish, crustaceans, essential marine habitats and the right to fish in

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Rhode Island's marine waters must be managed together;

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     (g) Various management measures, including the closure of marine waters or portions

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thereof to fishing, can be utilized to manage marine fish, shellfish, crustaceans, essential marine

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habitats, or other marine resources, but such measures must be developed in response to specific

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conservation or restoration needs, be based on the best currently available scientific information,

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and emanate from an open management and regulatory process, incorporating full input from all

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affected stakeholders, conducted pursuant to the general laws of the state of Rhode Island.

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     20-3.2-3. Freedom to fish. – (a) The marine waters of Rhode Island, or portions thereof,

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shall not be closed to recreational or commercial fishing unless such closure is:

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

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

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or address some other public purpose;

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

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     (3) developed via public review and stakeholder input through chapter 42-35 and other

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

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

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meet the standards set forth by chapter 42-35 and have an effective period of not more than one

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hundred twenty (120) days.

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

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

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ceases to apply.

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

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Department of Environmental Management, upon advice of the Marine Fisheries Council, shall

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

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

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO FISHING

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     This act would prevent any closure of Rhode Island marine waters to fishing unless such

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closure is sufficiently justified and subject to full public review and input.

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     This act would take effect upon passage.

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