2016 -- H 7966

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LC005288

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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: Representatives Tanzi, Ruggiero, Carson, and McEntee

     Date Introduced: March 18, 2016

     Referred To: House Environment and Natural Resources

     (Dept. of Environment Management)

It is enacted by the General Assembly as follows:

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

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"Commercial Fishing Licenses" is hereby repealed.

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

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

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

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

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

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

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

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

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

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

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

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reconsideration of the preliminary denial of a commercial fishing license.

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

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

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

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

 

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

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

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

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

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

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license.

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

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

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

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

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

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

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registration and licensing to the administrative adjudication division for environmental matters

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

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

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appeal.

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

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title 42.

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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 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

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board.

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     This act would take effect upon passage.

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