2012 -- H 7367

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LC01042

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

FISH AND WILDLIFE - COMMERCIAL FISHERIES

     Introduced By: Representatives Tanzi, Martin, and Ehrhardt

     Date Introduced: February 02, 2012

     Referred To: House Environment and Natural Resources

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 20-4-2, 20-4-3 and 20-4-4 of the General Laws in Chapter 20-4

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entitled "Commercial Fisheries" are hereby amended to read as follows:

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     20-4-2. Otter trawls, pair trawls, and beam trawls -- Areas prohibited. – (a) Unless

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otherwise specified in regulations adopted by the marine fisheries council director and except for

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those areas described in section 20-4-3, no person shall operate a beam, pair, or otter trawl or

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other mechanical trawling device in the Sakonnet River, Narragansett Bay, in Point Judith Pond,

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so-called, in the towns of Narragansett and South Kingstown, or the Harbor of Refuge, so-called,

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in the town of Narragansett, or in Potter Pond, so-called, in the town of South Kingstown, or in

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Great Salt Pond, so-called, in the town of New Shoreham.

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     (b) No person shall operate a pair trawl in any of the waters of the state.

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     20-4-3. Otter trawls, pair trawls, and beam trawls -- Areas allowed. – Otter trawls

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and beam trawls -- Areas allowed. – Any duly licensed resident commercial fisherman and a

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nonresident commercial fisherman licensed pursuant to section 20-2-28, chapter 20-2.1, may

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operate otter, or beam, or pair trawls or other mechanical trawling device subject to rules and

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regulations of the marine fisheries council, director, in the area of Narragansett Bay, and

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Sakonnet River south of a line, extending from Spink Neck in the town of North Kingstown in a

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northeasterly direction to Pine Hill Point on Prudence Island and from a point at Homestead Dock

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on the easterly shore of Prudence Island, thence northeasterly to Hog Island shoal light, thence to

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the north abutment of Mt. Hope Bridge in the town of Bristol, and south of a line extending from

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McCurry Point on the east side of the town of Portsmouth northeasterly in a line to southerly

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point of Jack's Island, so-called, in the town of Tiverton. The area subject to this section may be

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changed by rules and regulations adopted by the marine fisheries council director.

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     20-4-4. Otter trawls, pair trawls, and beam trawls -- Penalties. -- Any person who

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operates an otter, or beam, or pair trawl or other mechanical trawling device without a license as

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provided in section 20-4-3, shall, upon conviction, be fined five hundred dollars ($500) for each

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offense or may be imprisoned not exceeding thirty (30) days, or both. In addition to any fines

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imposed for failure to secure a license, the person shall be subject to the same penalties as set

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forth in section 20-1-16 should the person set a beam, pair, or otter trawl or other mechanical

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trawling device in areas prohibited by section 20-4-2 or rules adopted under this section.

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     SECTION 2. This act shall take effect upon passage.

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LC01042

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

FISH AND WILDLIFE - COMMERCIAL FISHERIES

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     This act would prohibit pair trawl fishing vessels from operating in state waters. This act

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would also provide that commercial fishing, including otter and beam trawling, shall be regulated

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by the department of environmental management.

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     This act would take effect upon passage.

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LC01042

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