2016 -- S 2803

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LC005291

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO FISH AND WILDLIFE - COMMERCIAL FISHING LICENSE REVIEW

BOARD

     Introduced By: Senator William J. Conley

     Date Introduced: March 23, 2016

     Referred To: Senate Environment & Agriculture

     (Environmental Management)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 20-2.1-12 of the General Laws in Chapter 20-2.1 entitled

"Commercial Fishing Licenses" is hereby repealed.

     20-2.1-12. Commercial fishing license review board. -- (a) There is hereby established

within the department the commercial fishing license review board of five (5) members to be

appointed by the governor for a term of five (5) years with the advice and consent of the senate,

provided that for the initial appointments, two (2) shall be for a term of five (5) years, one shall

be for a term of four (4) years, one shall be for a term of three (3) years, and one shall be for a

term of two (2) years. Three (3) members shall be commercial fishers, one from each of the

fisheries sectors; one of whom shall be a person with professional knowledge of fisheries

management, and one of whom shall be an attorney, licensed to practice law for at least five (5)

years and with environmental law expertise; the attorney member shall be the chairperson. Three

(3) members of the board shall constitute a quorum. Members of the board shall serve until their

successors are duly appointed. The purpose of the board shall be to hear requests for

reconsideration of the preliminary denial of a commercial fishing license.

     (b) Any person whose application for a commercial fishing license was denied by the

office of boat registration and licensing may file a request for reconsideration to the commercial

fishing license review board unless the person is prohibited from said request pursuant to § 20-

2.1-4(g). Requests for reconsideration must be filed with the office of boat registration and

licensing within ten (10) days of receipt of the denial. The review board shall consider the impact

that issuance of the license will have on the fisheries management program overall, equity with

other license holders, consistency with prior agency decisions, consistency with management

plans, unreasonable hardship to the applicant and consistency with the purposes of this chapter.

The burden shall be on the applicant to demonstrate to the board that they meet the criteria for a

license.

     (c) Within thirty (30) days of receipt of a request for reconsideration, the review board

shall issue a written recommendation to the office of boat registration and licensing. The decision

of the board shall state the specific grounds for its decision and the vote of the board. Within ten

(10) days of receipt of the decision of the board, the office of boat registration and licensing shall

issue a written decision affirming, denying or modifying the recommendation of the board and

stating the rationale for the decision. The applicant may appeal the decision of the office of boat

registration and licensing to the administrative adjudication division for environmental matters

pursuant to § 42-17.7-1 et seq. The written decision of the review board and the office of boat

registration and licensing shall be provided and made part of the administrative record upon

appeal.

     (d) Nothing contained in this section shall affect the authority granted in chapter 17.7 of

title 42.

     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 FISH AND WILDLIFE - COMMERCIAL FISHING LICENSE REVIEW

BOARD

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     This act would repeal the section which created the commercial fishing license review

board.

     This act would take effect upon passage.

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