2017 -- H 5805 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT

     

     Introduced By: Representatives Handy, Carson, McEntee, Fogarty, and Donovan

     Date Introduced: March 01, 2017

     Referred To: House Finance

     (Dept. of Environmental Management)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 42-17.1-4 of the General Laws in Chapter 42-17.1 entitled

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"Department of Environmental Management" is hereby amended to read as follows:

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     42-17.1-4. Divisions within department.

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     Within the department of environmental management there are established the following

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divisions:

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     (1) A division of parks and recreation that shall carry out those functions of the

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department relating to the operation and maintenance of parks and recreation areas and the

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establishment and maintenance of such additional recreation areas as may from time to time be

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acquired and such other functions and duties as may from time to time be assigned by the

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director;

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     (2) A division of fish and wildlife management that shall carry out those functions of the

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department relating to the administration and management of hunting, and freshwater fishing, and

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shell fisheries; the preservation of wetlands, marsh lands, and wildlife; and such other related

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functions and duties as may from time to time be assigned by the director;

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     (3) A division of agriculture that shall carry out those functions of the department relating

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to agriculture, and such other functions and duties as may from time to time be assigned by the

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director, including, but not limited to, plant industry, farm viability, marketing and promotion,

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farmland ecology and protection, plant and animal health and quarantine, pesticides, mosquito

 

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abatement, pest survey and response, food policy and security, and, in collaboration with the

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department of health, public health as it relates to farm production and direct marketing of farm

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products, and those agreed upon through memorandum of agreement with the department of

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health or other state agencies. The department of health shall continue to act as the lead agency

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for all public health issues in the state pursuant to chapter 1 of title 23. Nothing herein contained

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shall limit the department of health's statutory authority, nor shall any provision herein be

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construed as a limitation upon the statutory authority of the department of health granted to the

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department under title 23 of the general laws, nor shall any provision herein be construed to limit

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the authority of the department of environmental management to enter into memoranda of

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agreement with any governmental agency. The chief of the division of agriculture shall report

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directly to the director.

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     (4) A division of coastal resources that shall carry out those functions of the department

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relating to harbors and harbor lines, pilotage, flood control, shore development, construction of

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port facilities, and the registration of boats and such other functions and duties as may, from time

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to time, be assigned by the director, except that the division shall not be responsible for the

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functions of inspection of dams and reservoirs, approving plans for construction or improvement

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of dams, reservoirs, and other structures in non-tidal waters, and the operation of stream-gauging

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stations in cooperation with the United States Geological Survey, and provided, further, that the

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division and its staff shall be responsible through the director of environmental management, to

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the coastal resources management council, and the chief and the staff of the division shall serve

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as staff to the council;

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     (5) A division of planning and development that shall carry out those functions of the

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department relating to planning, programming, acquisition of land, engineering studies, and such

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other studies, as the director may direct, and that shall work with the board of governors for

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higher education and the board of regents for elementary and secondary education, with

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educational institutions at all levels, and with the public in the dissemination of information and

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education relating to natural resources, and shall perform the publication and public relations

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functions of the department, the functions of inspection of dams and reservoirs, approving plans

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for construction or improvement of dams, reservoirs, and other structures in non-tidal waters, and

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the operation of stream-gauging stations in cooperation with the United States Geological Survey;

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     (6) A division of enforcement that shall enforce all of the laws and regulations of the

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department and the coastal resources management council, that shall cooperate with the other

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enforcement agencies of the state and its municipalities, and that shall administer all of the

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policing, enforcing, licensing, registration, and inspection functions of the department and such

 

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other functions and duties as may, from time to time, be assigned by the director;

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     (7) A division of forest environment that shall carry out those functions of the department

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relating to the administration of forests and natural areas, including programs for utilization,

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conservation, forest fire protection, and improvements of these areas; assisting other agencies and

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local governments in urban programs relating to trees, forests, green belts, and environment and

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such other functions and duties as may, from time to time, be assigned by the director; and

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     (8) (i) A division of boating safety that shall carry out those functions of the department

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relating to the development and administration of a coordinated, safe boating program in

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accordance with the Model Safe Boating Act of 1971 as approved by the National Association of

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State Boating Law Administrators.

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     (ii) Administration of the division of boating safety shall be the responsibility of the state

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boating law administrator whose duties shall include:

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     (A) The enforcement of all laws relating to the act; and

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     (B) The powers vested in the state boating law administrator and boating safety

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enforcement officer shall include the enforcement of laws, rules and regulations relating to

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"Regulation of Boats," chapter 22 of title 46 and shall also include the power to:

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     (I) Execute all warrants and search warrants for the violation of laws, rules, and

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regulations relating to the act.

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     (II) Serve subpoenas issued for the trial of all offenses hereunder.

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     (III) To carry firearms or other weapons, concealed or otherwise, in the course of, and in

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performance of, their duties under this chapter.

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     (IV) To arrest without warrant and on view any person found violating any law, rule, or

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regulation relating to the act; take that person before a court having jurisdiction for trial; detain

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that person in custody at the expense of the state until arraignment; and to make and execute

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complaints within any district to the justice or clerk of the court against any person for any of the

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offenses enumerated under the act committed within the district.

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     (V) Boating safety enforcement officers shall not be required to give surety for costs

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upon any complaint made by him or her.

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     (iii) The development and administration of a coordinated, safe boating program.

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     (iv) The establishment and enforcement of such rules and regulations as are deemed

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necessary to achieve the purposes of the Model Safe Boating Act as approved by the state boating

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law administrators.

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     (v) The state boating law administrator shall serve as the liaison to the United States

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Coast Guard.

 

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     (9) A division of marine fisheries management that shall carry out those functions of the

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department relating to the administration, management, and harvest of marine animal and plant

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species found in Rhode Island marine waters, including, but not limited to: stock assessments of

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marine species; harvest of marine species regulated under a regional of federal fisheries

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management plan; the review of aquaculture applications before the CRMC; a commercial fishing

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licensing program; fixing seasons, bag limits, size limits, possession limits, and methods of taking

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on any marine plant and animal species, and such other related functions and duties as may be

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assigned by the director.

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     SECTION 2. Section 20-1-21 of the General Laws in Chapter 20-1 entitled "General

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Provisions" is hereby amended to read as follows:

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     20-1-21. General powers.

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     (a) The following fees shall be established and paid to the department of environmental

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management for issuance of the following special permits:

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     Ferret Permit $10.00

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     Scientific Collector's Permit $25.00

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     (b) Any fees collected under authority of this section shall be deposited into restricted

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receipt accounts established by this title, as appropriate to the type of special permit issued, and

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shall be used only for the authorized purposes of the restricted receipt accounts. The accounts

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include, but are not limited to: fishing license account, hunting license account, wildlife fund.

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     (c) The division divisions of fish and wildlife and marine fisheries shall be authorized to

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establish fees for reference, educational and souvenir-type materials provided upon request to

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interested parties. Those materials include, but are not limited to: surveys, guides, maps, posters,

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reference and educational booklets and materials, and articles of clothing. No fee shall be

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required for any materials describing or implementing any licensing or regulatory authority of the

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division divisions. Any fees collected under authority of this section shall be deposited as general

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revenues.

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     SECTION 3. Sections 20-2-44 and 20-2-45 of the General Laws in Chapter 20-2 entitled

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"Licensing" are hereby amended to read as follows:

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     20-2-44. Shellfish transplant program.

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     In addition to any appropriation made pursuant to § 20-2-28.2, the general assembly shall

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appropriate from the general fund to the division of fish and wildlife marine fisheries, the amount

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it deems necessary for the purpose of maintaining a shellfish transplant program for the fiscal

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year ending June 30, 2000, and thereafter, the division of fish and wildlife marine fisheries shall

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develop a sustainable shellfish management plan.

 

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     20-2-45. Narragansett Bay Oyster Restoration Act.

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     (a) Findings of fact. The general assembly hereby finds and declares the following:

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     (1) Oyster fishery has historically been important to Rhode Island for economic and

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ecosystem benefits;

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     (2) The Rhode Island oyster fishery has been in deep decline and is a fraction of its

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historical levels due to disease;

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     (3) The development of indigenous disease-resistant oyster brood stock will assist in the

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restoration of the oyster population in Narragansett Bay;

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     (4) The plantings of indigenous disease-resistant oyster shellfish seed stock will increase

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the Narragansett Bay's oyster population and annual harvest; and

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     (5) An increase in oyster population will have a positive impact on the state's economy

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and the overall health of Narragansett Bay and its ecosystem.

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     (b) Authority to solicit federal funds for oyster restoration. The general assembly hereby

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vests in the director of the department of environmental management, acting through the division

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of agriculture marine fisheries, authority and responsibility to solicit annual federal funding,

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including but not limited to, funding from the United States departments of interior, agriculture

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and commerce for purposes of developing, restoring, and maintaining both the oyster population

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and oyster habitats in and around Narragansett Bay.

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     (c) Program to achieve oyster restoration in Narragansett Bay. The director of the

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department of environmental management shall work in conjunction with the aquaculture

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coordinator located in the coastal resources management council to develop programs that

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address the declining oyster population in Narragansett Bay and which programs shall further

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promote the development, restoration and maintenance of the oyster population and oyster

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habitats in and around Narragansett Bay, as set forth in this section.

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     SECTION 4. Section 20-3-1 of the General Laws in Chapter 20-3 entitled "Marine

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Fisheries Council" is hereby amended to read as follows:

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     20-3-1. Council created -- Membership -- Compensation.

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     There is hereby created a marine fisheries council. The council shall be composed of the

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director of the department of environmental management or the director's designee, who shall

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serve as chairperson and eight (8) private citizen members. The private citizen members shall be

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chosen from among those with skill, knowledge, and experience in the commercial fishing

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industry, the sport fishing industry, and in the conservation and management of fisheries

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resources and shall be appointed by the governor with the advice and consent of the senate. Three

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(3) of the private citizen members shall be representatives of the commercial fishing industry;

 

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three (3) shall be representatives of the sport fishing industry; and the remaining two (2) shall

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have skill, knowledge, and experience in the conservation and management of fisheries resources

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and/or marine biology. The chairperson of the coastal resources management council and the

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chiefs of the divisions of enforcement and fish and wildlife marine fisheries in the department of

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environmental management shall serve in an advisory capacity to the council. Members of the

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council shall serve for a term of four (4) years and may not succeed themselves more than once

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after January 1, 2002. Initial appointments to the council shall be appointed as follows: three (3)

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members for a term of two (2) years, three (3) members for a term of three (3) years, and two (2)

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members for a term of four (4) years. All members of the council shall serve without

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compensation and shall be reimbursed for their necessary expenses incurred in travel and in the

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performance of their duties.

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     SECTION 5. Section 20-9-3 of the General Laws in Chapter 20-9 entitled "Cooperation

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in Federal Projects" is hereby amended to read as follows:

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     20-9-3. Assent to fish restoration and management projects.

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     The state of Rhode Island assents to the provisions of the act of congress, entitled "An

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Act to Provide that the United States Shall Aid the States in Fish Restoration and Management

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Projects, and for Other Purposes", 16 U.S.C. § 777 et seq., and the division of fish and wildlife

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and/or marine fisheries, with the approval of the director of environmental management, is hereby

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authorized, empowered, and directed to perform any acts as may be necessary to the conduct and

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establishment of fish restoration and management projects, as defined in that act of congress, in

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compliance with that act and with rules and regulations promulgated by the secretary of the

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interior under that act, and no funds accruing to the state from license fees or interest from license

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fee accounts paid by fishers shall be diverted for any other purpose than the administration of the

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division of fish and wildlife and/or marine fisheries of the department of environmental

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management.

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     SECTION 6. Section 20-10-1.1 of the General Laws in Chapter 20-10 entitled

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"Aquaculture" is hereby amended to read as follows:

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     20-10-1.1. Creation of the Biosecurity Board.

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     There shall be a biosecurity board within the coastal resources management council,

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(hereinafter referred to as "CRMC"), which shall meet, at minimum, on a quarterly basis and shall

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be composed of seven (7) members to be designated by the executive director of the CRMC, or

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his or her designee, with council approval. The council shall select a chair from among the board

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members, one of whom shall be the executive director of the CRMC or his or her designee, one of

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whom shall be the state veterinarian or an individual certified in veterinary medicine, with a

 

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specialty in aquatic diseases, or by the American Fisheries Society, one of whom shall be a

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certified medical doctor or a person with a Ph.D. in public health, one of whom shall be a

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representative of the division of fish and wildlife marine fisheries, one of whom shall be a

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representative of the marine fisheries council, one of whom shall be a representative from the

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aquaculture industry and one of whom shall be a faculty member of the University of Rhode

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Island, Department of Fisheries, Animals and Veterinary Science.

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     SECTION 7. Sections 20-38-3 and 20-38-4 of the General Laws in Chapter 20-38

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entitled "The Rhode Island Seafood Marketing Collaborative of 2011" are hereby amended to

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read as follows:

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     20-38-3. Definitions.

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     When used in this chapter, the following terms shall have the following meanings:

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     (1) "Collaborative" means the Rhode Island seafood marketing collaborative established

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under § 20-38-4;

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     (2) "Rhode Island's local fishermen and aquaculturists" means commercial fishermen and

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aquaculturists licensed in the state of Rhode Island.

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     (3) "State agencies" means state entities responsible for the implementation of Rhode

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Island's fishery management and economic development, including, but not be limited to:

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     (i) The department of environmental management, which shall include:

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     (A) The division of agriculture and

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     (B) The division of fish and wildlife marine fisheries;

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     (ii) The commerce corporation;

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     (iii) The coastal resources management council;

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     (iv) The department of health;

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     (v) The department of administration.

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     (4) "Aquaculture" means the farming of aquatic organisms such as fish, crustaceans,

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mollusks, and aquatic plants.

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     (5) "Sustainable food system" means one in which resources (including natural resources,

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such as soil and water, as well as human resources, such as labor) are used at, or below, their rate

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of recovery.

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     (6) "Seafood dealers" means any person engaged in purchasing, raising, propagating,

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breeding, or acquiring or possessing live fish or fish eggs to be sold or furnished to others for the

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purpose of resale licensed in the State of Rhode Island.

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     (7) [Deleted by P.L. 2015, ch. 100, § 1 and P.L. 2015, ch. 111, § 1].

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     20-38-4. Collaborative established.

 

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     (a) There is hereby created a collaborative known as "The Rhode Island seafood

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marketing collaborative" consisting of nineteen (19) members as follows:

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     (1) The director of the department of environmental management, or his or her designee,

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who shall serve as chairperson;

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     (2) The executive director of the commerce corporation, or his or her designee;

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     (3) The chief of the division of fish and wildlife marine fisheries of the department of

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environmental management, or his or her designee;

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     (4) The director of the department of health, or his or her designee;

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     (5) The chief of the division of agriculture of the department of environmental

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management, or his or her designee;

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     (6) The executive director of the coastal resources management council, or his or her

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designee;

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     (7) The director of administration, or his or her designee;

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     (8) The dean of the university of Rhode Island college of environment and life sciences,

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or his or her designee;

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     (9) The director of the Rhode Island sea grant program, or his or her designee; and

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     (10) Ten (10) additional members, each of whom shall be appointed by the director of the

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department of environmental management, in accordance with the following categories:

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     (i) Two (2) Rhode Island-based dealers/wholesalers/processors who purchase and sell

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finfish, shellfish, and/or crustaceans;

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     (ii) Two (2) commercial aquaculturists;

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     (iii) A Rhode Island-based retailer of seafood products associated with a restaurant or

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restaurant organization;

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     (iv) A Rhode Island-based retailer of seafood products associated with an independent or

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franchised store;

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     (v) Two (2) commercial fishermen licensed to harvest and/or land in Rhode Island;

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     (vi) A member of an independent organization or association representing the Rhode

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Island hospitality industry;

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     (vii) An economist with expertise in seafood marketing.

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     (b) Forthwith upon the passage of this chapter, the members of the collaborative shall

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meet at the call of the chairperson and organize. Thereafter, the collaborative shall meet at the call

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of the chairperson or three (3) members of the collaborative.

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     (c) All departments and agencies of the state shall furnish such advice and information,

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documentation, and otherwise to the collaborative and its agents as is deemed necessary or

 

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desirable by the collaborative to facilitate the purposes of this chapter.

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     (d) The members of the collaborative shall receive no compensation for their services.

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     SECTION 8. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF

ENVIRONMENTAL MANAGEMENT

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     This act would create a division of marine fisheries management within the department of

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environmental management to manage saltwater fish and plant harvesting and would amend the

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appropriate chapters of title 20 to reflect the change.

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     This act would take effect upon passage.

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