2019 -- S 0660 | |
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LC001363 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2019 | |
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A N A C T | |
RELATING TO FISH AND WILDLIFE - NUISANCE ACTIONS AGAINST SEAFOOD AND | |
COMMERCIAL FISHING INDUSTRY | |
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Introduced By: Senators Sosnowski, Goodwin, McCaffrey, Felag, and McKenney | |
Date Introduced: March 21, 2019 | |
Referred To: Senate Environment & Agriculture | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 20 of the General Laws entitled "FISH AND WILDLIFE" is hereby |
2 | amended by adding thereto the following chapter: |
3 | CHAPTER 3.3 |
4 | NUISANCE ACTIONS AGAINST SEAFOOD AND COMMERCIAL FISHING INDUSTRY |
5 | 20-3.3-1. Definitions. |
6 | (1) "Rhode Island's local fisherman and aquaculturist" shall have the meaning set forth in |
7 | ยง 20-38-3(3). |
8 | (2) "Seafood industry" means any person engaged in purchasing, raising, propagating, |
9 | breeding, acquiring, possessing or processing seafood to be sold or furnished to others. |
10 | 20-3.3-2. Nuisance actions against seafood and commercial fishing industry. |
11 | (a) No Rhode Island local fisherman or aquaculturist, and no person engaged in the |
12 | seafood industry, shall be found to be a public or private nuisance due to alleged objectionable: |
13 | (1) Odor from equipment, gear, activity or product generally accepted as seafood and |
14 | commercial fishing procedures; or |
15 | (2) Noise from seafood or fishing equipment used in normal, generally accepted industry |
16 | procedures. |
17 | (b) This section shall apply only to nuisance actions under chapter 1 of title 10. |
18 | 20-3.3-3. Severability. |
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1 | If any provision of this chapter, or determination made under this chapter, or application |
2 | of this chapter to any person, agency, or circumstances is held invalid by a court of competent |
3 | jurisdiction, the remainder of this chapter and its application to any person, agency, or |
4 | circumstances shall not be affected by the invalidity. The invalidity of any section or sections of |
5 | this chapter shall not affect the remainder of this chapter. |
6 | 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 - NUISANCE ACTIONS AGAINST SEAFOOD AND | |
COMMERCIAL FISHING INDUSTRY | |
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1 | This act would preclude Rhode Island local fishermen or aquaculturists from being found |
2 | a public or private nuisance due to alleged objectionable odor or noise as a result of generally |
3 | accepted industry procedures. |
4 | This act would take effect upon passage. |
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