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1 | ARTICLE 7 | |
2 | RELATING TO THE ENVIRONMENT | |
3 | SECTION 1. Effective on July 1, 2020, section 20-1-13 of the General Laws in Chapter | |
4 | 20-1 entitled “General Provisions” is hereby amended to read as follows: | |
5 | 20-1-13. Publication and effective date of seasons and bag limits. | |
6 | Notice of the director’s intention to adopt regulations pursuant to § 20-1-12 and the holding | |
7 | of a public hearing on these regulations shall be published in at least one newspaper of general | |
8 | statewide circulation, not less than twenty (20) days prior to the date of the public hearing. These | |
9 | regulations shall remain in effect not longer than one year following the date of their effectiveness. | |
10 | SECTION 2. Effective on July 1, 2020, sections 20-2-15, 20-2-16, 20-2-17, 20-2-18, 20- | |
11 | 2-18.1, 20-2-18.3, 20-2-30, 20-2-37 and 20-2-42 of the General Laws in Chapter 20-2 entitled | |
12 | "Licensing" are hereby amended to read as follows: | |
13 | 20-2-15. Freshwater fishing license. | |
14 | (a)(1) Resident: eighteen dollars ($18.00). twenty-one dollars ($21.00); commencing July | |
15 | 1, 2024, twenty-four dollars ($24.00); commencing July 1, 2027, twenty-seven dollars ($27.00). | |
16 | (2) Nonresident: thirty-five dollars ($35.00). thirty-eight dollars ($38.00); commencing | |
17 | July 1, 2024, forty-one dollars ($41.00); commencing July 1, 2027, forty-four dollars ($44.00). | |
18 | (3) Nonresident tourist: sixteen dollars ($16.00). eighteen dollars ($18.00); commencing | |
19 | July 1, 2024, twenty dollars ($20.00); commencing July 1, 2027, twenty-two dollars ($22.00). This | |
20 | license shall entitle the licensee to fish in Rhode Island for three (3) consecutive days including the | |
21 | day of issue. | |
22 | (b) Freshwater fishing licenses shall expire on the last day of February of each year. | |
23 | 20-2-16. Hunting License. | |
24 | (a)(1) Resident: eighteen dollars ($18.00). twenty-one dollars ($21.00); commencing July | |
25 | 1, 2024, twenty-four dollars ($24.00); commencing July 1, 2027, twenty-seven dollars ($27.00). | |
26 | (2) Nonresident: forty-five dollars ($45.00). fifty-five dollars ($55.00); commencing July | |
27 | 1, 2024, sixty-five dollars ($65.00); commencing July 1, 2027, seventy-five dollars ($75.00). | |
28 | (3) Nonresident landowner: a nonresident citizen of the United States and owner of real | |
29 | estate in Rhode Island assessed for taxation at a valuation of not less than thirty thousand dollars | |
30 | ($30,000) may obtain a resident’s hunting license. | |
31 | (4) Shooting preserve: three dollars and fifty cents ($3.50). | |
32 | (5) Nonresident three (3) day: sixteen dollars ($16.00) twenty dollars ($20.00). This license | |
33 | shall entitle the licensee to hunt in Rhode Island for three (3) consecutive days as validated by the | |
34 | issuing agent. | |
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1 | (6) Resident junior hunting license: fourteen dollars ($14.00). | |
2 | (7) Nonresident junior hunting license: forty dollars ($40.00). | |
3 | (b) Hunting licenses shall expire on the last day of February of each year. | |
4 | 20-2-17. Combination fishing and hunting license. | |
5 | The director may grant to any eligible resident applying for a combination hunting and | |
6 | fishing license a license that shall entitle the licensee to the privileges of both hunting and fishing | |
7 | licenses, for a fee of thirty-three dollars ($33.00) thirty-eight dollars ($38.00); commencing July 1, | |
8 | 2024, forty-three dollars ($43.00); commencing July 1, 2027, forty-eight dollars ($48.00). The | |
9 | license shall expire on the last day of February of each year. | |
10 | 20-2-18. Deer Permits. | |
11 | (a)(1) Resident: twelve dollars and fifty cents ($12.50) thirteen dollars ($13.00); | |
12 | commencing July 1, 2024, fourteen dollars ($14.00); commencing July 1, 2027, fifteen dollars | |
13 | ($15.00). | |
14 | (2) Nonresident: twenty-five twenty-six dollars and fifty cents ($25.50$26.50).; | |
15 | commencing July 1, 2024, twenty-seven dollars and fifty cents ($27.50); commencing July 1, 2027, | |
16 | twenty-eight dollars and fifty cents ($28.50). | |
17 | (b) A deer permit is good only for the season in which it is issued. | |
18 | 20-2-18.1. Wild turkey permits. | |
19 | No person shall attempt to take any wild turkey without first obtaining a regular hunting | |
20 | license and a turkey permit for the current year. Permits shall be sold at the direction of the director | |
21 | for a fee of seven dollars and fifty cents eight dollars ($7.50$8.00) for residents and twenty-one | |
22 | dollars and fifty cents ($20.00$21.50) for nonresidents. Commencing July 1, 2024, permits shall | |
23 | be sold for a fee of nine dollars ($9.00) for residents and twenty-three dollars ($23.00) for | |
24 | nonresidents. Commencing July 1, 2027, permits shall be sold for a fee of ten dollars and fifty cents | |
25 | ($10.50) for residents and twenty-four dollars and fifty cents ($24.50) for nonresidents. The issuing | |
26 | agent may retain a fee of fifty cents ($0.50) for each permit and shall remit seven dollars ($7.00) | |
27 | for resident permits and nineteen dollars and fifty cents ($19.50) for nonresident permits the | |
28 | remainder to the department. A wild turkey permit shall be good only for the season in which it is | |
29 | issued. All monies derived by the department from the sale of wild turkey permits shall be expended | |
30 | for turkey habitat acquisition in Rhode Island and wild turkey restoration management and | |
31 | research. | |
32 | 20-2-18.3. Stocked game bird permit fees and bag limits. | |
33 | Permits shall be sold at the direction of the director for a fee of fifteen seventeen dollars | |
34 | and fifty cents ($15.50$17.00). Commencing July 1, 2024, the fee for a permit shall be eighteen | |
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1 | dollars and fifty cents ($18.50). Commencing July 1, 2027, the fee for a permit shall be twenty-one | |
2 | dollars ($21.00). The issuing agent will retain a fee of fifty cents ($0.50) for each permit and shall | |
3 | remit fifteen dollars ($15.00) the remainder to the department. The permit will allow the person to | |
4 | harvest a daily bag and season limit as described in regulations promulgated by the director. All | |
5 | monies derived by the department from the sale of stocked game bird permits shall be expended | |
6 | for stocking game birds and wildlife habitat acquisition in Rhode Island. | |
7 | 20-2-30. Fur trapping and licenses. | |
8 | (a)(1) Fur trapper – Resident: ten fifteen dollars ($10.00$15.00); commencing July 1, 2024, | |
9 | twenty dollars ($20.00); commencing July 1, 2027, twenty-five dollars ($25.00). | |
10 | (2) Fur trapper – Nonresident: thirty fifty dollars ($30.00$50.00); commencing July 1, | |
11 | 2024, seventy-five dollars ($75.00); commencing July 1, 2027, one hundred dollars ($100.00). | |
12 | (b) Fur trapper and fur licenses expire on the last day of March of each year. | |
13 | 20-2-37. Waterfowl stamp fees. | |
14 | (a) Stamps shall be sold at the direction of the director for a fee of seven eight dollars and | |
15 | fifty cents ($7.50$8.00). Commencing July 1, 2024, the fee for a stamp shall be nine dollars ($9.00). | |
16 | Commencing July 1, 2027, the fee for a stamp shall be ten dollars ($10.00). The issuing agent may | |
17 | retain a fee of fifty cents ($.50) and shall remit seven dollars ($7.00) the remainder of each fee to | |
18 | the department. The director shall establish a uniform sale price for all categories of by-products. | |
19 | (b) [Deleted by P.L. 2002, ch. 65, art. 13, § 16.] | |
20 | 20-2-42. Trout conservation stamp fee. | |
21 | Stamps shall be sold at the direction of the director for a fee of five dollars and fifty cents | |
22 | ($5.50). Commencing July 1, 2024, the fee for a stamp shall be six dollars ($6.00). Commencing | |
23 | July 1, 2027, the fee for a stamp shall be six dollars and fifty cents ($6.50). The issuing agent may | |
24 | retain a fee of fifty cents ($.50) for each stamp sold and shall remit five dollars ($5.00) the | |
25 | remainder of each fee to the department. The director shall establish uniform sale prices for all | |
26 | categories of by-products. | |
27 | SECTION 3. Section 20-2-27.1 of the General Laws in Chapter 20-2 entitled “Licensing.” | |
28 | is hereby amended to read as follows: | |
29 | 20-2-27.1. Rhode Island party and charter boat vessel license. | |
30 | (a) All party and charter boats vessels carrying recreational passengers to take or attempt | |
31 | to take marine fish species upon the navigable state and coastal waters of Rhode Island shall be | |
32 | required to obtain a Rhode Island party and charter boat vessel license. The licenses shall be issued | |
33 | by the department on a biennial basis for a fee of twenty-five dollars ($25) per vessel. The annual | |
34 | fee shall be one hundred dollars ($100) for a resident of Rhode Island and shall be three hundred | |
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1 | dollars ($300) for a nonresident. All licensed party and charter boats vessels shall be required to | |
2 | display a party and charter boat vessel decal provided by the department. To obtain a license, the | |
3 | owner of a qualified vessel must submit: | |
4 | (1) A current copy of the operator's United States Coast Guard license to carry passengers | |
5 | for hire; | |
6 | (2) A current copy of the vessel's " of Documentation" certifying that the vessel is | |
7 | documented "Coastwise," or if the vessel is under five (5) net tons, a copy of the vessel's state | |
8 | registration; | |
9 | (3) Proof that the operator and crew are currently enrolled in a random drug testing program | |
10 | that complies with the federal government's 46 C.F.R. § 16.101 et seq. "Drug Testing Program" | |
11 | regulations; and | |
12 | (4) A signed license application form certifying that the vessel is, and will be, operated in | |
13 | compliance with all state and federal safety regulations for the vessel. | |
14 | (b) Rhode Island party and charter boat vessel licenses shall expire on the last day of | |
15 | February December every other year, with the first expiration date being in February 2001. | |
16 | SECTION 4. Sections 20-2.1-3, 20-2.1-4, 20-2.1-7 and 20-2.1-8 of the General Laws in | |
17 | Chapter 20-2.1 entitled “Commercial Fishing Licenses” are hereby amended to read as follows: | |
18 | 20-2.1-3. Definitions. | |
19 | For the purposes of this chapter the following terms shall mean: | |
20 | (1) "Basic harvest and gear levels" means fishery-specific harvest and/or gear levels, | |
21 | established and regularly updated by the department by rule, that, in a manner consistent with the | |
22 | state or federally sanctioned management plans or programs that may be in effect, and to the extent | |
23 | possible given those plans and programs, provide a maximum level of participation for commercial | |
24 | fishing license holders in accordance with applicable endorsements. | |
25 | (1) “Activity Standard” means a level of fishing participation used to establish criteria for | |
26 | the issuance of new licenses. | |
27 | (2) "Commercial fisherman" means a natural person licensed to who catches, harvests, or | |
28 | takes finfish, crustaceans, or shellfish marine species from the marine waters for sale. | |
29 | (3) "Council" means the marine fisheries council established by chapter 3 of this title. | |
30 | (4) "Crustaceans" means lobsters, crabs, shrimp, and for purposes of this chapter it also | |
31 | includes horseshoe crabs. | |
32 | (5) "Director" means the director of the department of environmental management. | |
33 | (6) "Endorsement" means the designation of a fishery in which a license holder may | |
34 | participate either basic or full harvest and gear levels. Endorsement categories and levels shall be | |
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1 | established annually by the department by rule, based on the status of the various fisheries, the | |
2 | levels of participation of existing license holders, and the provisions of applicable management | |
3 | plans or programs. At a minimum, endorsement categories and endorsement opportunities shall | |
4 | include, but may not be limited to: non-lobster crustacean; lobster; non-quahaug shellfish; quahaug; | |
5 | non-restricted finfish; and restricted finfish. Endorsements, when available, shall be issued in | |
6 | accordance with applicable qualifying criteria. | |
7 | (6) “Family member” means a spouse, mother, father, brother, sister, child, or grandchild | |
8 | of the holder or transferor of a commercial fishing license. | |
9 | (7) "February 28" means the twenty-eighth (28th) day in the month of February or the next | |
10 | business day if February 28 falls on a Saturday or Sunday for the purpose of application submittals | |
11 | and renewal deadlines. | |
12 | (87) "Finfish" means cold-blooded aquatic vertebrates with fins, including fish, sharks, | |
13 | rays, skates, and eels and also includes, for the purposes of this chapter, squid. | |
14 | (98) "Fisheries sectors" means and comprises crustaceans, finfish, shellfish, as defined in | |
15 | this section, each of which shall singularly be considered a fishery sector. | |
16 | (9) "Fishery Endorsement" means the authorization for a license holder to participate in a | |
17 | designated fishery sector at a limited or unlimited level. | |
18 | (10) "Full harvest and gear levels" means fishery-specific harvest and/or gear levels, | |
19 | established and regularly updated by the department by rule, that, in a manner consistent with the | |
20 | state or federally sanctioned management plans or programs that may be in effect, and to the extent | |
21 | possible given those plans and programs, provide a maximum level of participation for principal | |
22 | effort license holders in accordance with applicable endorsements and for all multi-purpose license | |
23 | holders. | |
24 | (1110) "Grace period" means sixty (60) calendar days commencing the last day of February | |
25 | 28, as defined herein, and shall only apply to renewals of licenses from the immediately preceding | |
26 | year; provided, that for calendar year 2004 the grace period shall be ninety (90) calendar days | |
27 | commencing February 29, 2004. | |
28 | (1211) "Medical hardship" means a significant medical condition that prevents a license | |
29 | applicant from meeting the application requirements renders an active licensed person unable to | |
30 | fish for a period in excess of fourteen (14) days, either as a result of the physical loss of function | |
31 | or impairment of a body part or parts, or debilitating pain. Demonstration of the medical hardship | |
32 | shall be in the form of a diagnosis and prognosis signed by a medical doctor (M.D. or O.D.). | |
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1 | (12) "Medical Incapacity" means death or injury that renders an active license holder | |
2 | permanently unable to actively fish. Demonstration of medical incapacity shall be in the form of a | |
3 | death , or a diagnosis and prognosis signed by a medical doctor (M.D. or O.D.). | |
4 | (13) “Other Endorsement” means the authorization for a license holder or vessel to | |
5 | participate in a designated activity. | |
6 | (1314) "Shellfish" means quahogs, clams, mussels, scallops, oysters, conches, and | |
7 | mollusks in general other than squid. | |
8 | (1415) "Student commercial fisherman" means a resident, twenty-three (23) years of age | |
9 | or younger, licensed pursuant to this chapter, who is a full-time student. | |
10 | 20-2.1-4. Licenses – General provisions governing licenses issued. | |
11 | (a) Licenses and vessel declarations required Applicability. It shall be unlawful for any | |
12 | person in Rhode Island or the waters of the state: (1) To take, catch, harvest, possess, or to hold, or | |
13 | transport for sale in Rhode Island any marine finfish, crustacean, or shellfish species without a | |
14 | license issued under the provisions of this title, provided, however, that marine finfish, crustaceans, | |
15 | or shellfish species may be transported by a duly licensed dealer if the marine finfish, crustaceans, | |
16 | or shellfish species have previously been sold by a duly licensed person; or (2) To engage in | |
17 | commercial fishing from a vessel unless the vessel has been declared a commercial fishing vessel | |
18 | as provided in § 20-2.1-5(23) and has a decal affixed to it or is displaying a plate. | |
19 | (b) Validation of license. No license issued under this chapter shall be valid until signed by | |
20 | the licensee in his or her own handwriting. | |
21 | (c) Transfer or loan of license. Unless otherwise provided for in this title, a license issued | |
22 | to a person under this chapter shall be good only for the person to whom it is issued and any transfer | |
23 | or loan of the license shall be grounds for revocation or suspension of that license pursuant to § 20- | |
24 | 2-13. | |
25 | (d) Reporting and inspections condition of license. All persons granted a license under the | |
26 | provisions of this chapter are deemed to have consented to the reporting requirements applicable | |
27 | to commercial fishing actively that are established pursuant to this title and to the reasonable | |
28 | inspection of any boat, vessel, net, rake, bullrake, tong, dredge, trap, pot, vehicle, structure, or other | |
29 | contrivance used regularly for the keeping or storage of fish, shellfish or crustaceans marine | |
30 | species, and any creel, box, locker, basket, crate, blind, fishing, or paraphernalia used in | |
31 | conjunction with the licensed activity by persons duly authorized by the director. The provisions | |
32 | of § 20-1-8(a)(7)(ii) shall apply to these inspections. | |
33 | (e) Possession, inspection, and display of license. Every person holding a license issued | |
34 | under this chapter shall have that license in his or her possession at all times while engaged in the | |
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1 | licensed activity and shall present the license for inspection on demand by any authorized person. | |
2 | Any person who shall refuse to present a license on demand shall be liable to the same punishment | |
3 | as if that person were fishing without a license. | |
4 | (f) Application for license. Every person entitled to a license under this chapter shall file | |
5 | an application with the director, or the director's authorized agent, properly sworn to, stating the | |
6 | name, age, occupation, place of residence, mailing address, weight, height, and color of hair and | |
7 | eyes of the applicant for whom the license is wanted and providing any other information that may | |
8 | be required pursuant to rule in order to effectuate the purposes of this chapter, and pay the fees as | |
9 | provided in this chapter. All licenses issued under this chapter shall be valid only for the calendar | |
10 | year of issuance, unless otherwise specified in this chapter or in the rules and regulations adopted | |
11 | pursuant to this chapter. If the person will be either the owner or the operator as provided in § 20- | |
12 | 2.1-5(57) of a commercial fishing vessel, the person shall declare, on the application for each | |
13 | commercial fishing vessel, the vessel name, length, horsepower, state registration number or coast | |
14 | guard documentation number, federal permit number, if any, gear type(s), the principal fishery or | |
15 | fisheries, and average projected crew size. | |
16 | (g) Application deadline, grace period for renewals, and limitation on appeals after the | |
17 | deadlines. For commercial marine fishing licenses provided for in §§ 20-2.1-5 and 20-2.1-6, the | |
18 | following provisions shall apply: | |
19 | (1) Unless otherwise specified in this chapter, an individual qualified to obtain a license | |
20 | must submit an application to the department of environmental management no later than the last | |
21 | day of February 28 of each year; license application shall be deemed valid if submitted to the | |
22 | department prior to the close of regular office hours on the last day of February 28 or if postmarked | |
23 | by the last day of February 28; | |
24 | (2) Unless otherwise specified in this title, no new or renewed licenses shall be issued after | |
25 | the last day of February 28 of each year, unless an applicant has submitted an application by the | |
26 | February 28 deadline required by this section; | |
27 | (3) The department shall notify all license holders, in writing, regarding the December 31 | |
28 | expiration and the February 28 renewal deadline no later than November 1 of each year; | |
29 | (4) For renewals of existing commercial marine fishing licenses that expire on December | |
30 | 31 of the immediately preceding year, there shall be a sixty-day (60) grace period from the renewal | |
31 | deadline of February 28; licenses issued during the grace period shall be subject to a late fee in the | |
32 | amount of two-hundred dollars ($200) in addition to all other applicable fees; | |
33 | (5) Except as provided for in subsection (g)(4) or § 20-2.1-5(1)(iviii)(A), the department | |
34 | shall not accept any applications submitted after the last day of February 28; and | |
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1 | (6) There shall be no right to request reconsideration by the commercial fishing license | |
2 | review board or an appeal to the department of environmental management's administrative | |
3 | adjudication division (AAD) for the rejection of any new license applications submitted after the | |
4 | last day of February 28, or any license renewal applications submitted after the sixty-day (60) grace | |
5 | period., except in In the case of a documented medical hardship as defined herein medical condition | |
6 | that prevents a license applicant from meeting the application requirements, the license applicant | |
7 | has no more than one year after the expiration of a license to appeal to AAD. Demonstration of | |
8 | such medical condition shall be in the form of a diagnosis and prognosis signed by a medical doctor | |
9 | (M.D. or O.D.). | |
10 | (h) Lost or destroyed licenses and duplicate licenses. Whoever loses, or by a mistake or | |
11 | accident destroys his or her of a commercial marine fisheries license, may, upon application to | |
12 | the department accompanied by an affidavit fully setting forth the circumstances of the loss, receive | |
13 | a duplicate license for the remainder of the year covered by the original , for a fee of ten dollars | |
14 | ($10.00) for each duplicate license. | |
15 | (i) Revocation of licenses. | |
16 | (1) License revocation. The license of any person who has violated the provisions of this | |
17 | chapter; or rules adopted pursuant to the provisions of this chapter; or rules and regulations that | |
18 | pertain to commercial fishing and reporting issued pursuant to this title, may be suspended or | |
19 | revoked by the director as the director shall determine by regulation. Any person aggrieved by an | |
20 | order of suspension or revocation may appeal this order in accordance with the provisions of the | |
21 | Administrative Procedures Act, chapter 35 of title 42. | |
22 | (2) False statements and violations; cancellation of license. Any person who willfully | |
23 | makes a false representation as to birthplace or requirements of identification or of other facts | |
24 | required in an application for license under this chapter or is otherwise directly or indirectly a party | |
25 | to a false representation, shall be punished by a fine of not more than fifty dollars ($50.00). A | |
26 | license obtained by any person through a false representation shall be null and void and the license | |
27 | shall be surrendered immediately to the director. No license shall be issued under this title to this | |
28 | person for a period of one year from the date of imposition of a penalty under this section. | |
29 | (3) False, altered, forged, or counterfeit licenses. Every person who falsely makes, alters, | |
30 | forges, or counterfeits, or who causes to be made, altered, forged, or counterfeited, a license issued | |
31 | under this chapter or title, or purporting to be a license issued under this chapter or title, or who | |
32 | shall have in his or her possession such a license knowing it to be false, altered, forged, or | |
33 | counterfeit, is guilty of a misdemeanor and is subject to the penalties prescribed in § 20-1-16. | |
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1 | (j) Expiration. Unless otherwise specified in this title, all licenses issued under this chapter | |
2 | shall be annual and shall expire on December 31 of each year. It shall be unlawful for any person | |
3 | to fish commercially in Rhode Island waters on an expired license; and the application and grace | |
4 | periods set forth in subsections (g)(1) and (g)(4) above shall not extend the validity of any expired | |
5 | license. | |
6 | (k) Notice of change of address. Whenever any person holding any commercial fishing | |
7 | license shall move from the address named in his or her last application, that person shall, within | |
8 | ten (10) days subsequent to moving, notify the office of boat registration and licensing of his or her | |
9 | former and current address. | |
10 | 20-2.1-7. Landing permits and fees. | |
11 | Landing permits shall be issued as provided for in chapter 4 of this title. In addition, a | |
12 | nonresident must obtain a landing permit, for a fee of two hundred dollars ($200), to off-load or | |
13 | land species harvested outside Rhode Island waters. The landing permit shall be valid for the | |
14 | calendar year in which it was issued. The department shall adopt any rules and procedures that may | |
15 | be necessary for the timely issuance of landing permits in order to facilitate the off-loading and sale | |
16 | of non-quota species harvested outside state waters. | |
17 | (a) All residents or nonresidents, with the exception of persons or vessels with qualifying | |
18 | Rhode Island fishing licenses, who have charge of a vessel carrying seafood products legally | |
19 | harvested outside Rhode Island waters shall obtain a permit to land, sell or offer for sale seafood | |
20 | products in Rhode Island. The permit shall be issued by the department upon proof that the | |
21 | applicant holds a valid state or federal commercial fishing license. | |
22 | (1) Resident landing permit: for the landing, sale or offering for sale of marine species | |
23 | (including process product), caught by any means: the fee shall be three hundred dollars ($ 300). | |
24 | (2) Nonresident landing permit: for the landing, sale or offering for sale of marine species | |
25 | (including process product), caught by any means, excluding restricted species as defined by rule. | |
26 | The fee shall be six hundred dollars ($600). | |
27 | (3) Nonresident exempted landing permits. | |
28 | (i) A new landing permit shall not be issued to any nonresident to off-load, land, offer for | |
29 | sale, or sell any restricted marine species, the definition of which shall be established by the | |
30 | department by rule and shall take into account species for which a quota has been allocated to the | |
31 | state of Rhode Island by the Atlantic States Marine Fisheries Council or the National Marine | |
32 | Fisheries service, unless: | |
33 | (A) the landing shall be counted against the quota of the state where the vessel making the | |
34 | landing is registered or documented; or | |
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1 | (B) the state where the vessel making the landing is registered or documented issues new | |
2 | landing permits to Rhode Island residents to land against that state's quota for the same species. For | |
3 | purposes of this section, the renewal of any nonresident landing permit shall be considered a new | |
4 | nonresident landing permit unless the applicant can show, to the satisfaction of the director, historic | |
5 | participation in the fishery and landings of the species; and any change or upgrade of a vessel | |
6 | twenty percent (20%) or greater in length, displacement, or horsepower above the named vessel | |
7 | shall be considered a new landing permit. Issuance of a landing permit shall not be deemed to create | |
8 | a property right that can be sold, transferred, or encumbered; landing permits shall be surrendered | |
9 | to the state upon their non-renewal or forfeiture, and the acquisition of a named vessel by a | |
10 | nonresident who does not already have a landing permit shall not entitle the nonresident to a landing | |
11 | permit unless a new landing permit can be issued as allowed in this section. | |
12 | (4) Fee: The fee shall be six hundred dollars ($600). | |
13 | (b) Landing permits shall be valid for the calendar year in which they are issued. | |
14 | (c) The department shall adopt any rules and procedures that may be necessary for the | |
15 | timely issuance of these permits in order to facilitate the off-loading and sale of seafood products, | |
16 | except restricted finfish, harvested outside Rhode Island waters. | |
17 | (d) Notwithstanding the provisions of this section, a commercial vessel with seafood | |
18 | products on board may, without a landing permit, enter Rhode Island waters and be secured to a | |
19 | shoreside facility for purposes other than landing, selling, or offering for sale the seafood products | |
20 | on board if the person having charge of the vessel obtains permission from the department's division | |
21 | of law enforcement prior to securing the vessel to the shoreside facility. | |
22 | 20-2.1-8 Dealers' licenses and fees. | |
23 | In accordance with §§ 20-4-1.1, 20-6-24, and 20-7-5.1, the following dealers' licenses shall | |
24 | be issued by the department: | |
25 | (a) No person, partnership, firm, association, or corporation shall barter or trade in marine | |
26 | species taken by persons licensed under this chapter unless a license so to do has been obtained | |
27 | from the director of environmental management. | |
28 | (b) Any licensee operating under the provisions of this section shall purchase marine | |
29 | species from licensed persons only and shall purchase or possess only those lobsters legally taken | |
30 | or possessed. | |
31 | (c) The director shall issue and enforce rules and regulations and orders governing bartering | |
32 | and trading in marine species by licensed persons of marine species and licensed dealers, and other | |
33 | persons, partnerships, firms, associations, or corporations. | |
34 | (d) License types and fees: | |
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1 | (1) Multi-purpose Rhode Island dealer's license. This license shall allow the holder dealer | |
2 | to deal purchase or sell all marine products in the state of Rhode Island. The license shall be valid | |
3 | for the calendar year in which it is issued. The cost of the license fee shall be three hundred four | |
4 | hundred and fifty dollars ($300 450). | |
5 | (2) Finfish dealer's license. This license shall allow the holder dealer to deal purchase or | |
6 | sell all finfish products in the state of Rhode Island. The license shall be valid for the calendar year | |
7 | in which it is issued. The cost of the license fee shall be two hundred three hundred dollars ($200 | |
8 | 300). | |
9 | (3) Shellfish dealer's license. This license shall allow the holder dealer to deal purchase or | |
10 | sell all shellfish products in the state of Rhode Island. The license shall be valid for the calendar | |
11 | year in which it is issued. The cost of the license fee shall be two hundred three hundred dollars | |
12 | ($200 300). | |
13 | (4) Crustacean dealer license. This license shall allow the dealer to purchase all crustacean | |
14 | products in the state of Rhode Island. The license shall be valid for the calendar year in which it is | |
15 | issued. The fee shall be three hundred dollars ($300). | |
16 | (e) Seafood dealers license – suspension or revocation. The director may suspend, revoke, | |
17 | or deny the license of a seafood dealer or fisher of marine species for the violation of any provision | |
18 | of this title or the rules, regulations, or orders adopted or issued pursuant to this title. | |
19 | (f) Any person aggrieved by the decisions of the director may appeal the decision pursuant | |
20 | to the provisions of the Administrative Procedures Act, chapter 35 of title 42. | |
21 | (g) The director is authorized to enter and inspect the business premises, appurtenant | |
22 | structures, vehicles, or vessels of any seafood dealer and to inspect the records maintained by a | |
23 | seafood dealer for the purpose of determining compliance with the provisions of this section and | |
24 | any rules, regulations, or orders issued under this section, and no person shall interfere with, | |
25 | obstruct the entrance, or inspection of the director or the director's agents of those business | |
26 | premises, appurtenant structures, vehicles or vessels. | |
27 | (h) Any violation of the provisions of this section or any rule, regulation, or order adopted | |
28 | under this section shall be subject to penalties prescribed in § 20-1-16. | |
29 | SECTION 5. Effective on July 1, 2021, 20-2.1-5 and 20-2.1-6 of the General Laws in | |
30 | Chapter 20-2.1 entitled “Commercial Fishing Licenses” are hereby amended to read as follows: | |
31 | 20-2.1-5. Resident licenses, endorsements and fees. | |
32 | The director shall establish, as a minimum, the following types of licenses and | |
33 | endorsements set forth in this section. In addition, the director may establish any other classes and | |
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1 | types of licenses and endorsements, consistent with the provisions of this chapter and with adopted | |
2 | management plans that may be necessary to accomplish the purposes of this chapter: | |
3 | (1) Types of licenses. | |
4 | (i) Standard resident commercial Commercial fishing license. Rhode Island residents shall | |
5 | be eligible to obtain a standard resident commercial fishing license; the license shall allow the | |
6 | holder to engage in commercial fishing in fisheries sectors, per dictated by the fishery | |
7 | endorsement(s) associated with the license at basic harvest and gear levels. Fishery endorsements | |
8 | shall be established by the department consistent with fishery management plans developed | |
9 | pursuant to this chapter. The annual fee for a commercial fishing license shall be fifty dollars | |
10 | ($50.00) and twenty-five dollars ($25.00) for each endorsement at the basic harvest and gear levels. | |
11 | (ii) Principal effort license. Duly licensed persons, in a fishery as of December 31 of the | |
12 | immediately preceding year, shall be eligible to obtain a principal effort license for the fishery | |
13 | sector for which they were licensed on December 31 of the immediately preceding year, which | |
14 | principal effort license shall allow its holder to fish in a fishery sector at the full harvest and gear | |
15 | levels. The annual fee for a principal-effort license shall be one hundred fifty dollars ($150). | |
16 | Principal effort license holders, in addition to the fishery sector of their principal effort, shall be | |
17 | eligible to obtain endorsements for the other fishery sectors at the full harvest and gear levels, if | |
18 | and when those endorsements are made available; the annual fee for each other fishery sector | |
19 | endorsement shall be seventy-five dollars ($75.00). Principal effort license holders shall also be | |
20 | eligible to obtain a commercial fishing license with endorsements, except for fisheries in which the | |
21 | license holder can fish at the full harvest and gear levels. | |
22 | (iii) Multi-purpose license. All multi-purpose license holders as of December 31 of the | |
23 | immediately preceding year shall be eligible to obtain a multi-purpose license that shall allow the | |
24 | holder to engage in commercial fishing in all fisheries sectors at the full harvest and gear levels. At | |
25 | the time of application for a multi-purpose license and each annual renewal of it, the applicant shall | |
26 | make a non-binding declaration of which fishing sectors the applicant intends to place significant | |
27 | fishing effort during the period covered by the license. The annual fee for multi-purpose license | |
28 | shall be three hundred dollars ($300). | |
29 | (iv) Special licenses. | |
30 | (Aiii) Student shellfish license. A resident twenty-three (23) years or younger shall pay | |
31 | fifty dollars ($50.00) for a student commercial license to take shellfish upon provision of proof of | |
32 | full-time student status. An individual qualified to obtain a license must submit an application to | |
33 | the department of environmental management no later than June 30 of each year; a license | |
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| |
1 | application shall be deemed valid if submitted to the department prior to the close of regular office | |
2 | hours on June 30 or if postmarked by June 30. | |
3 | (Biv) Over sixty-five (65) shellfish license. A resident sixty-five (65) years of age and over | |
4 | shall be eligible for a shellfish license to shellfish commercially and there shall be no fee for this | |
5 | license. | |
6 | (v) Multipurpose vessel license. Any multipurpose license holder shall be eligible to obtain | |
7 | a multipurpose vessel license that shall allow the vessel owner to designate any operator to engage | |
8 | in commercial fishing for all marine species aboard their owned vessel, provided the vessel owner | |
9 | has consigned a multipurpose fishing license to the department. The department may then re-issue | |
10 | the consigned multipurpose fishing license to the commercially declared fishing vessel as a | |
11 | multipurpose vessel license. The director has the authority to limit the number of multipurpose | |
12 | vessel licenses issued annually by rule. The fee for a multipurpose vessel license shall be one | |
13 | thousand dollars ($1,000). | |
14 | (2) Fees. | |
15 | (i) Standard resident commercial fishing license. | |
16 | (A) Standard resident commercial fishing license plus one limited fishery endorsement: | |
17 | The fee shall be one hundred fifty dollars ($150). | |
18 | (B) Standard resident commercial fishing license plus two limited fishery endorsement: | |
19 | The fee shall be two hundred dollars ($200). | |
20 | (C) Standard resident commercial fishing license plus three limited fishery endorsement: | |
21 | The fee shall be two hundred fifty dollars ($250). | |
22 | (D) Standard resident commercial fishing license plus one unlimited fishery endorsement: | |
23 | The fee shall be three hundred dollars ($300). | |
24 | (E) Standard resident commercial fishing license plus one unlimited fishery endorsement | |
25 | and one limited fishery endorsement: The fee shall be three hundred fifty dollars ($350). | |
26 | (F) Standard resident commercial fishing license plus two unlimited fishery endorsement: | |
27 | The fee shall be three hundred seventy-five dollars ($375). | |
28 | (G) Standard resident commercial fishing license plus one unlimited fishery endorsement | |
29 | and two limited fishery endorsement: The fee shall be four hundred dollars ($400). | |
30 | (H) Standard resident commercial fishing license plus two unlimited fishery endorsement | |
31 | and one limited fishery endorsement: The fee shall be four hundred twenty-five dollars ($425). | |
32 | (ii) Multipurpose license: The fee shall be four hundred fifty dollars ($450). | |
33 | (23) Vessel declaration and fees; gear endorsement and fees. | |
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| |
1 | (i) Vessel declaration and fee. (A) The department shall require the owner and/or the | |
2 | operator of a commercial fishing vessel to declare the vessel on the owner/operator's commercial | |
3 | fishing license. The declaration shall be made at the time of initial license issuance and each | |
4 | renewal, or prior to the vessel being used for commercial fishing by the owner and/or operator if | |
5 | the first usage of the vessel for commercial fishing occurs during the course of a year after the | |
6 | license has been issued or renewed. If the declaration is for a vessel of less than twenty-five feet | |
7 | (25') in length, the declaration shall be transferable to another vessel less than twenty-five feet (25') | |
8 | in length, provided the vessel is identified as commercial fishing vessel while it is being used for | |
9 | commercial fishing by displaying a plate as provided in § 20-2.1-4. | |
10 | (B) The annual fee for each vessel declaration shall be twenty-five dollars ($25.00) for the | |
11 | first twenty-five feet (25') or under, plus fifty cents ($0.50) per foot for each whole foot over twenty- | |
12 | five feet (25'); this declaration fee shall entitle the holder to a decal. The holder of a valid decal for | |
13 | twenty-five feet (25') in length or under may obtain a plate from the department for display on a | |
14 | vessel twenty-five feet (25') in length that is being used temporarily for commercial fishing; the | |
15 | annual fee for a plate shall be fifteen dollars ($15.00). | |
16 | (ii4) Gear endorsements and fees. | |
17 | (A) Shellfish dredging endorsement. A resident of this state who holds a multipurpose | |
18 | license and/or an appropriate shellfish license is also eligible to apply for a shellfish dredging | |
19 | endorsement to take quahogs, mussels, and surf clams by dredges hauled by powerboat. The annual | |
20 | fee shall be twenty dollars ($20.00). | |
21 | (B) Fish trap endorsements. A person who holds a multi-purpose license and/or a | |
22 | principal-effort license for finfish is also eligible to apply for a fish trap endorsement in accordance | |
23 | with the permitting provisions in chapter 5 of this title. The fee shall be twenty dollars ($20.00) per | |
24 | trap location for a three-year (3) period. Applicants who possessed a valid fish trap endorsement as | |
25 | of the immediately preceding year may obtain a fish trap endorsement for the immediately | |
26 | following year, subject to the same terms and conditions in effect as the immediately preceding | |
27 | year. New fish trap endorsement opportunities shall be established by the department by rule, | |
28 | pursuant to applicable management plans and the provisions in chapter 5 of this title. | |
29 | (Ci) Gill net endorsements. A person who holds a multipurpose license, or a vessel with a | |
30 | multipurpose vessel license, and/or a principal effort license for finfish is also eligible to apply for | |
31 | a commercial gill net endorsement in accordance with the provisions of this section. The annual | |
32 | fee for a commercial gill net endorsement is shall be twenty dollars ($20.00). Applicants who | |
33 | possessed a gill net endorsement as of the immediately preceding year may obtain a gill net | |
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1 | endorsement for the immediately following year. New gill net endorsement opportunities shall be | |
2 | established by the department by rule, pursuant to applicable management plans. | |
3 | (Dii) Miscellaneous gear Other endorsements. The department may establish by rule any | |
4 | specific gear endorsements that may be necessary or appropriate to effectuate the purposes of this | |
5 | chapter and facilitate participation in a specific fishery with a specific type of gear; the fee for such | |
6 | a gear endorsement shall not be greater than two hundred dollars ($200), but may be a lesser | |
7 | amount. This endorsement shall be issued only in a manner consistent with the general requirements | |
8 | of this chapter, including specifically those governing residency. | |
9 | (35) New licenses. | |
10 | (i) Eligibility. For new principal-effort standard resident commercial fishing and multi- | |
11 | purpose licenses, priority shall be given to applicants who have held a lower level of commercial | |
12 | fishing license for two (2) years or more, applicants with military service, and applicants who have | |
13 | completed a department authorized commercial fishing training program, with preference to family | |
14 | members and crew members of a license holder who is retiring his or her license. | |
15 | (ii) Priority or preference applicants. A new license shall be granted to priority/preference | |
16 | applicants who have acquired vessel and/or gear from a license holder who has retired a license, | |
17 | provided, that as the result of any such transaction, for each license retired, not more than one new | |
18 | license may be granted, nor may the nominal effort, including the total number of licenses, in a | |
19 | fishery subject to effort controls or catch restrictions be increased. | |
20 | (iii) Availability of new or additional licenses. New principal-effort standard resident | |
21 | commercial fishing and multipurpose licenses that increase the total number of licenses in the | |
22 | fishery may be made available by rule consistent with management plan for issuance effective | |
23 | January 1, in any year, based on status of resource and economic condition of fishery. Priority for | |
24 | new licenses shall be given to Rhode Island residents. | |
25 | (46) Retirement of licenses. Issuance of a commercial fishing license shall not be deemed | |
26 | to create a property right such that the license can be sold or transferred by the license holder; | |
27 | fishing licenses shall be surrendered to the state upon their non-renewal, forfeiture, or revocation. | |
28 | (57) Transfer for Issuance of temporary operator permits in cases of medical | |
29 | hardship. Notwithstanding the provisions of § 20-2.1-4(c), a license may be transferred to a family | |
30 | member upon the incapacity or death of the license holder who has actively participated in | |
31 | commercial fishing. The transfer shall be effective upon its registration with the department. A | |
32 | family member shall be defined as the spouse, mother, father, brother, sister, child, or grandchild | |
33 | of the transferor. The department shall make available, as necessary, temporary operator permits to | |
34 | provide solely for the continued operation of a fishing vessel upon the illness, incapacity, or death | |
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| |
1 | determination of medical hardship of a license holder who has actively participated in commercial | |
2 | fishing fished. , which Temporary operator permits shall be subject at a minimum to the conditions | |
3 | and restrictions that applied to the license holder. | |
4 | (8) Issuance of new Licenses to family members in cases of medical incapacity: Upon | |
5 | determination of medical incapacity, an actively fished license may be surrendered to the | |
6 | Department for the purpose of the concurrent issuance of a new license to a resident family member. | |
7 | (9) Issuance of new licenses upon the sale of a commercial fishing business: Upon the sale | |
8 | of a commercial fishing business, as defined by rule, a new license may be issued to the buyer upon | |
9 | the surrender of the seller’s license to the department for the purpose of the concurrent issuance of | |
10 | a new license. | |
11 | (610) Transfer of vessels and gear. Vessels and gear may be sold, transferred, or disposed | |
12 | at the sole discretion of the owner; provided, however, that the subsequent level of use of the gear | |
13 | may be restricted in Rhode Island waters in order to accomplish the purposes of a duly adopted | |
14 | management plan or other duly adopted program to reduce effort. | |
15 | 20-2.1-6. Nonresident licenses, endorsements and fees. | |
16 | Subject to the rules of the department, nonresidents may apply for the following | |
17 | commercial fishing licenses: | |
18 | (1) Nonresident principal effort Standard nonresident commercial fishing license. | |
19 | (i) Nonresidents age eighteen (18) and over shall be eligible to obtain a standard | |
20 | nonresident commercial fishing license and, in accordance with applicable qualifying criteria, | |
21 | available fishery sector endorsements, provided that the state of residence of the person affords the | |
22 | same privilege in a manner that is not more restrictive to Rhode Island residents. A standard | |
23 | nonresident principal effort commercial fishing license shall allow the license holder to harvest, | |
24 | land, and sell in a lawful manner any marine species of finfish, per as dictated by the fishery | |
25 | endorsement(s), at principal harvest and gear levels and as allowed in a management plan adopted | |
26 | by the department associated with the license. Fishery endorsements shall be established by the | |
27 | department consistent with fishery management plans developed pursuant to this chapter. | |
28 | (ii) Duly Rhode Island-licensed nonresidents in a commercial fishery as of December 31 | |
29 | of the immediately preceding year shall be eligible to obtain a standard nonresident principal effort | |
30 | commercial fishing license with a single sector endorsement applicable to the fishery sectors for | |
31 | which they were licensed as of December 31 of the immediately preceding year; provided: | |
32 | (A) that the state of residence of the person affords the same privilege in a manner that is | |
33 | not more restrictive to Rhode Island residents; | |
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| |
1 | (B) that those persons apply for the standard nonresident principal effort commercial | |
2 | fishing license in accordance with § 20-2.1-4(g); and | |
3 | (C) that those persons shall also be subject to any other restrictions that were applicable to | |
4 | the license as of December 31 of the immediately preceding year, which other restrictions may be | |
5 | altered or changed consistent with a fishery management plans adopted by the department | |
6 | developed pursuant to this chapter. | |
7 | (iii) Persons not duly licensed as of December 31 of the immediately preceding year shall | |
8 | be eligible to obtain a standard nonresident principal effort commercial fishing license, per | |
9 | endorsement, when available, consistent with fishery management plans developed pursuant to this | |
10 | chapter, in accordance with applicable qualifying criteria and as allowed in a management plan | |
11 | adopted by the department, provided that the state of residence of the person affords the same | |
12 | privilege in a manner that is not more restrictive to Rhode Island residents. | |
13 | (iv) The annual fee for a standard nonresident principal effort license shall be four hundred | |
14 | dollars ($400), plus one hundred dollars ($100) per endorsement. | |
15 | (2) Nonresident commercial fishing license. (i) A nonresident commercial fishing license | |
16 | shall allow the holder to harvest, land, and sell in a lawful manner any species of finfish, per | |
17 | endorsement(s), at basic harvest and gear levels and as allowed in a management plans adopted by | |
18 | the department. | |
19 | (ii) Nonresidents age eighteen (18) and over shall be eligible to obtain a nonresident | |
20 | commercial fishing license and, in accordance with applicable qualifying criteria, available fishery | |
21 | sector endorsements, provided that the state of residence of the person affords the same privilege | |
22 | in a manner that is not more restrictive to Rhode Island residents. | |
23 | (iii) Holders of nonresident principal effort licenses shall not be eligible to obtain | |
24 | nonresident commercial fishing licenses with the same fishery sector endorsements. | |
25 | (iv) Duly Rhode Island licensed nonresidents in a commercial fishery as of December 31 | |
26 | of the immediately preceding year, shall be eligible to obtain a nonresident commercial fishing | |
27 | license in their endorsed fishery sector as of December 31 of the immediately preceding year | |
28 | provided: | |
29 | (A) That the state of residence of the person affords the same privilege in a manner that is | |
30 | not more restrictive to Rhode Island residents; | |
31 | (B) That those persons apply for the nonresident commercial fishing license in accordance | |
32 | with § 20-2.1-4(g); and | |
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| |
1 | (C) That those persons shall also be subject to any other restrictions that were applicable | |
2 | to the license as of December 31 of the immediately preceding year which other restrictions may | |
3 | be altered or changed consistent with a management plan adopted by the department. | |
4 | (v) The annual fee for a nonresident commercial fishing license shall be one hundred fifty | |
5 | dollars ($150), plus fifty dollars ($50.00) per endorsement. | |
6 | (2) Fees. | |
7 | (i) Standard nonresident commercial fishing license. | |
8 | (A) Standard nonresident commercial fishing license plus one limited fishery endorsement: | |
9 | The fee shall be three hundred fifty dollars ($350). | |
10 | (B) Standard nonresident commercial fishing license plus one unlimited fishery | |
11 | endorsement: The fee shall be seven hundred dollars ($700). | |
12 | (C) Standard nonresident commercial fishing license plus two limited fishery | |
13 | endorsements: The fee shall be seven hundred dollars ($700). | |
14 | (D) Standard nonresident commercial fishing license plus three limited fishery | |
15 | endorsements: The fee shall be one thousand fifty dollars ($1050). | |
16 | (E) Standard nonresident commercial fishing license plus one unlimited fishery | |
17 | endorsement and one limited fishery endorsement: The fee shall be one thousand fifty dollars | |
18 | ($1050). | |
19 | (F) Standard nonresident commercial fishing license plus one unlimited fishery | |
20 | endorsement and two limited fishery endorsements: The fee shall be one thousand four hundred | |
21 | dollars ($1400). | |
22 | (G) Standard nonresident commercial fishing license plus two unlimited fishery | |
23 | endorsements: The fee shall be one thousand four hundred dollars ($1400). | |
24 | (H) Standard nonresident commercial fishing license plus two unlimited and one limited | |
25 | fishery endorsement: The fee shall be one thousand seven hundred fifty dollars ($1750). | |
26 | (3) Vessel declaration and fees. The department shall require a nonresident owner and/or | |
27 | operator of a commercial fishing vessel to make a declaration for that vessel; which shall be made | |
28 | at the time of initial license issuance and each renewal, or prior to the vessel's being used for | |
29 | commercial fishing in Rhode Island waters by the nonresident owner and/or operator if the first | |
30 | usage of the vessel for commercial fishing occurs during the course of a year after the license has | |
31 | been issued or renewed, for a cost of fifty dollars ($50.00), plus one dollar and fifty cents ($1.50) | |
32 | for each whole foot over twenty-five feet (25') in length overall. | |
33 | (4) New licenses. Any resident of a state that accords to Rhode Island residents commercial | |
34 | fishing privileges that include an ability to obtain a new license to fish for finfish species that are | |
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| |
1 | subject to restrictions and/or quotas, may on species specific reciprocal basis be eligible to obtain | |
2 | commercial fishing licenses and principal effort standard nonresident commercial fishing licenses | |
3 | by endorsement as provided in this section, subject to availability and with the priority established | |
4 | in § 20-2.1-5(3)(iii). | |
5 | SECTION 6. Sections 20-4-1.1, 20-4-1.2 and 20-4-1.3 of the General Laws in Chapter 20- | |
6 | 4 entitled "Commercial Fisheries" are hereby repealed. | |
7 | 20-4-1.1. Finfish dealers license – License for finfish buyers – Suspension or | |
8 | revocation. | |
9 | (a) No person, partnership, firm, association, or corporation shall barter or trade in finfish | |
10 | taken by persons licensed under this chapter unless a license so to do has been obtained from the | |
11 | director of environmental management. | |
12 | (b) Any licensee operating under the provisions of this section shall purchase finfish from | |
13 | licensed persons only and shall purchase or possess only those finfish legally taken or possessed. | |
14 | (c) The director shall issue and enforce rules and regulations and orders governing bartering | |
15 | and trading in finfish by licensed fishers of finfish and licensed finfish buyers and other persons, | |
16 | partnerships, firms, associations, or corporations. | |
17 | (d) The director may suspend, revoke, or deny the license of a finfish buyer or fisher of | |
18 | finfish for the violation of any provision of this title or the rules, regulations, or orders adopted or | |
19 | issued pursuant to this title. | |
20 | (e) Any person aggrieved by the decisions of the director may appeal the decision pursuant | |
21 | to the provisions of the Administrative Procedures Act, chapter 35 of title 42. | |
22 | (f) The director of the department of environmental management and the director's agents | |
23 | are authorized to enter and inspect the business premises, appurtenant structures, vehicles, or | |
24 | vessels of any finfish buyer and to inspect the records maintained by a finfish buyer for the purpose | |
25 | of determining compliance with the provisions of this section and any rules, regulations, or orders | |
26 | issued under this section, and no person shall interfere with, obstruct the entrance, or inspection of | |
27 | the director or the director's agents of those business premises, appurtenant structures, vehicles or | |
28 | vessels. | |
29 | (g) Any violation of the provisions of this section or any rule, regulation, or order adopted | |
30 | under this section shall be subject to penalties prescribed in § 20-1-16. | |
31 | 20-4-1.2. Resident or nonresident commercial landing permit. | |
32 | (a) Each resident or nonresident who has charge of a vessel carrying seafood products | |
33 | legally harvested outside Rhode Island waters shall obtain a permit to land, sell or offer for sale | |
34 | seafood products in Rhode Island. The permit shall be issued by the department upon proof that the | |
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| |
1 | applicant holds a valid state or federal commercial fishing license and upon payment of the | |
2 | following fees: | |
3 | (1) Resident or nonresident finfish landing permit: for the landing sale or offering for sale | |
4 | of non-restricted finfish, the definition of which shall be established by the department by rule, | |
5 | caught by any means, two hundred dollars ($200) for residents of the state; four hundred dollars | |
6 | ($400) for nonresidents of the state. | |
7 | (2) Resident or nonresident shellfish landing permit: (includes process product), two | |
8 | hundred dollars ($200) for residents of the state; four hundred dollars ($400) for nonresidents of | |
9 | the state. This permit allows the holder to land shellfish (surf clams, blue mussels, ocean quahaugs, | |
10 | sea scallops) legally harvested in federal water. | |
11 | (3) Resident or nonresident miscellaneous landing permit: includes all other seafood | |
12 | products not specified under any other provision of this chapter, two hundred dollars ($200) for | |
13 | residents of the state; four hundred dollars ($400) for nonresidents of the state. | |
14 | (4) Multi-purpose resident or nonresident landing permit: This permit allows a resident or | |
15 | nonresident to land and sell all marine products in the state of Rhode Island, except restricted | |
16 | finfish, the definition of which shall be established by the department by rule, three hundred dollars | |
17 | ($300) for residents of the state; six hundred dollars ($600) for nonresidents of the state. | |
18 | (b) Landing permits shall be valid for the calendar year in which they are issued. | |
19 | (c) The department shall adopt any rules and procedures that may be necessary for the | |
20 | timely issuance of these permits in order to facilitate the off-loading and sale of seafood products, | |
21 | except restricted finfish, harvested outside Rhode Island waters. | |
22 | (d) Notwithstanding the provisions of this section, a commercial vessel with seafood | |
23 | products on board may, without a landing permit, enter Rhode Island waters and be secured to a | |
24 | shoreside facility for purposes other than landing, selling, or offering for sale the seafood products | |
25 | on board if the person having charge of the vessel obtains permission from the department's division | |
26 | of law enforcement prior to securing the vessel to the shoreside facility. | |
27 | 20-4-1.3. Nonresident landing permits. | |
28 | A new landing permit shall not be issued to any nonresident to off-load, land, offer for sale, | |
29 | or sell any restricted marine species, the definition of which shall be established by the department | |
30 | by rule and shall take into account species for which a quota has been allocated to the state of Rhode | |
31 | Island by the Atlantic States Marine Fisheries Council or the National Marine Fisheries service, | |
32 | unless: (1) the landing shall be counted against the quota of the state where the vessel making the | |
33 | landing is registered or documented; or (2) the state where the vessel making the landing is | |
34 | registered or documented issues new landing permits to Rhode Island residents to land against that | |
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| |
1 | state's quota for the same species. For purposes of this section, the renewal of any nonresident | |
2 | landing permit shall be considered a new nonresident landing permit unless the applicant can show, | |
3 | to the satisfaction of the director, historic participation in the fishery and landings of the species; | |
4 | and any change or upgrade of a vessel twenty percent (20%) or greater in length, displacement, or | |
5 | horsepower above the named vessel shall be considered a new landing permit. Issuance of a landing | |
6 | permit shall not be deemed to create a property right that can be sold, transferred, or encumbered; | |
7 | landing permits shall be surrendered to the state upon their non-renewal or forfeiture, and the | |
8 | acquisition of a named vessel by a nonresident who does not already have a landing permit shall | |
9 | not entitle the nonresident to a landing permit unless a new landing permit can be issued as allowed | |
10 | in this section. | |
11 | SECTION 7. Section 20-6-24 of the General Laws in Chapter 20-6 entitled "Shellfish" is | |
12 | hereby repealed. | |
13 | 20-6-24. License for shellfish buyers – Suspension or revocation. | |
14 | (a) No person, partnership, firm, association, or corporation shall barter or trade in shellfish | |
15 | taken by persons licensed under this chapter unless a license so to do has been obtained from the | |
16 | director of environmental management. | |
17 | (b) Any licensee operating under the provisions of this section shall purchase shellfish from | |
18 | licensed persons only and shall purchase or possess only those shellfish legally taken or possessed. | |
19 | (c) The director shall issue and enforce rules and regulations and orders governing bartering | |
20 | and trading in shellfish by licensed fishers of shellfish, licensed shellfish buyers and other persons, | |
21 | partnerships, firms, associations, or corporations. | |
22 | (d) The director may suspend, revoke, or deny the license of a shellfish buyer or fisher of | |
23 | shellfish for the violation of any provision of this title or the rules, regulations, or orders adopted | |
24 | or issued pursuant to this title. | |
25 | (e) Any person aggrieved by the decision of the director may appeal the decision pursuant | |
26 | to the provisions of the Administrative Procedures Act, chapter 35 of title 42. | |
27 | (f) The director of the department of environmental management and the director's agents | |
28 | are authorized to enter and inspect the business premises, appurtenant structures, vehicles, or | |
29 | vessels of any shellfish buyer and to inspect records maintained by a shellfish buyer for the purpose | |
30 | of determining compliance with the provisions of this section and any rules, regulations, or orders | |
31 | issued under this section, and no person shall interfere with or obstruct the entrance or inspection | |
32 | of the director or the director's agents of those business premises, appurtenant structures, vehicles, | |
33 | or vessels. | |
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1 | (g) Any violation of the provisions of this section or any rule, regulation, or order adopted | |
2 | under this section shall be subject to the penalties prescribed in § 20-1-16. | |
3 | SECTION 8. Section 20-7-5.1 of the General Laws in Chapter 20-7 entitled "Lobsters and | |
4 | Other Crustaceans" is hereby repealed. | |
5 | 20-7-5.1. Lobster dealer's license. | |
6 | (a) No person, partnership, firm, association, or corporation shall barter or trade in lobsters | |
7 | taken by persons licensed under this chapter unless a license so to do has been obtained from the | |
8 | director of environmental management. | |
9 | (b) Any licensee operating under the provisions of this section shall purchase lobsters from | |
10 | licensed persons only and shall purchase or possess only those lobsters legally taken or possessed. | |
11 | (c) The director shall issue and enforce rules and regulations and orders governing bartering | |
12 | and trading in lobsters by licensed fishers of lobster and licensed lobster buyers and other persons, | |
13 | partnerships, firms, associations, or corporations. | |
14 | (d) The director may suspend, revoke, or deny the license of a lobster buyer or fisher of | |
15 | lobster for the violation of any provision of this title or the rules, regulations, or orders adopted or | |
16 | issued pursuant to this title. | |
17 | (e) Any person aggrieved by the decision of the director may appeal the decision pursuant | |
18 | to the provision of the Administrative Procedures Act, chapter 35 of title 42. | |
19 | (f) The director of the department of environmental management and the director's agents | |
20 | are authorized to enter and inspect the business premises, appurtenant structures, vehicles or vessels | |
21 | of any lobster buyer and to inspect records maintained by a lobster buyer for the purposes of | |
22 | determining compliance with the provisions of this section and any rules, regulations, or orders | |
23 | issued under this section, and no person shall interfere with or obstruct the entrance or inspection | |
24 | of the director or the director's her agents of those business premises, appurtenant structures, | |
25 | vehicles or vessels. | |
26 | (g) Any violation of the provisions of this section or any rule, regulation or order adopted | |
27 | hereunder shall be subject to the penalties prescribed in § 20-1-16. | |
28 | SECTION 9. Section 21-14-12 of the General Laws in Chapter 21-14 entitled “Shellfish | |
29 | Packing Houses” is hereby amended to read as follows: | |
30 | 21-14-12. Inspection of business premises. | |
31 | (a) The director shall make regular inspections of the business premises of licensees and | |
32 | no person shall interfere with or obstruct the entrance of the director to any packing house or | |
33 | structural appurtenance to it, vessel, or vehicle for the purpose of making inspection as to sanitary | |
34 | conditions during reasonable business hours, and no person shall obstruct the conduct of this | |
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1 | inspection; provided, that inspections as to sanitary conditions shall be made only by the director | |
2 | or employees of the department of health. These employees of the department of health shall not | |
3 | be construed to include agents whom the director may appoint in other departments for the purpose | |
4 | of enforcing other provisions of this chapter; and provided, that nothing in this section shall be | |
5 | construed as having granted to the director or any duly authorized official of the department the | |
6 | right of search and seizure without a warrant. | |
7 | (b) The director shall be authorized to establish a dockside program, including the | |
8 | promulgation of any rules and regulations deemed necessary or advisable in connection therewith, | |
9 | pursuant to the relevant provisions of the National Shellfish Sanitation Program (NSSP) Model | |
10 | Ordinance. Promulgating such rules and regulations pursuant to the NSSP Model Ordinance shall | |
11 | assure that the marine shellfish processers, licensed by the department to land and process surf | |
12 | clams and/or other marine shellfish species acquired in federal waters, are doing so in sanitary | |
13 | fashion that comports with national standards. Such rules and regulations shall also be consistent | |
14 | with the landing permit requirements of the department of environmental management in section | |
15 | 20-2.1-7. The dockside program shall not apply to aquaculture processers. | |
16 | (c) The licensing fees from the dockside program shall be deposited into the general fund, | |
17 | and the revenues shall be allocated to the department for its administration. The director shall have | |
18 | the authority to establish the licensing fees for the dockside program, at his or her sole discretion | |
19 | and limit the number of licenses issued. | |
20 | SECTION 10. Section 42-17.1-2 of the General Laws in Chapter 42-17.1 entitled | |
21 | "Department of Environmental Management” is hereby amended to read as follows: | |
22 | 42-17.1-2. Powers and duties. | |
23 | The director of environmental management shall have the following powers and duties: | |
24 | (1) To supervise and control the protection, development, planning, and utilization of the | |
25 | natural resources of the state, such resources, including, but not limited to: water, plants, trees, soil, | |
26 | clay, sand, gravel, rocks and other minerals, air, mammals, birds, reptiles, amphibians, fish, | |
27 | shellfish, and other forms of aquatic, insect, and animal life; | |
28 | (2) To exercise all functions, powers, and duties heretofore vested in the department of | |
29 | agriculture and conservation, and in each of the divisions of the department, such as the promotion | |
30 | of agriculture and animal husbandry in their several branches, including the inspection and | |
31 | suppression of contagious diseases among animals; the regulation of the marketing of farm | |
32 | products; the inspection of orchards and nurseries; the protection of trees and shrubs from injurious | |
33 | insects and diseases; protection from forest fires; the inspection of apiaries and the suppression of | |
34 | contagious diseases among bees; the prevention of the sale of adulterated or misbranded | |
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1 | agricultural seeds; promotion and encouragement of the work of farm bureaus, in cooperation with | |
2 | the University of Rhode Island, farmers' institutes, and the various organizations established for the | |
3 | purpose of developing an interest in agriculture; together with such other agencies and activities as | |
4 | the governor and the general assembly may, from time to time, place under the control of the | |
5 | department; and as heretofore vested by such of the following chapters and sections of the general | |
6 | laws as are presently applicable to the department of environmental management and that were | |
7 | previously applicable to the department of natural resources and the department of agriculture and | |
8 | conservation or to any of its divisions: chapters 1 through 22, inclusive, as amended, in title 2 | |
9 | entitled "Agriculture and Forestry"; chapters 1 through 17, inclusive, as amended, in title 4 entitled | |
10 | "Animals and Animal Husbandry"; chapters 1 through 19, inclusive, as amended, in title 20 entitled | |
11 | "Fish and Wildlife"; chapters 1 through 32, inclusive, as amended, in title 21 entitled "Food and | |
12 | Drugs"; chapter 7 of title 23, as amended, entitled "Mosquito Abatement"; and by any other general | |
13 | or public law relating to the department of agriculture and conservation or to any of its divisions or | |
14 | bureaus; | |
15 | (3) To exercise all the functions, powers, and duties heretofore vested in the division of | |
16 | parks and recreation of the department of public works by chapters 1, 2, and 5 in title 32 entitled | |
17 | "Parks and Recreational Areas"; by chapter 22.5 of title 23, as amended, entitled "Drowning | |
18 | Prevention and Lifesaving"; and by any other general or public law relating to the division of parks | |
19 | and recreation; | |
20 | (4) To exercise all the functions, powers, and duties heretofore vested in the division of | |
21 | harbors and rivers of the department of public works, or in the department itself by such as were | |
22 | previously applicable to the division or the department, of chapters 1 through 22 and sections | |
23 | thereof, as amended, in title 46 entitled "Waters and Navigation"; and by any other general or public | |
24 | law relating to the division of harbors and rivers; | |
25 | (5) To exercise all the functions, powers, and duties heretofore vested in the department of | |
26 | health by chapters 25, 18.9, and 19.5 of title 23, as amended, entitled "Health and Safety"; and by | |
27 | chapters 12 and 16 of title 46, as amended, entitled "Waters and Navigation"; by chapters 3, 4, 5, | |
28 | 6, 7, 9, 11, 13, 18, and 19 of title 4, as amended, entitled "Animals and Animal Husbandry"; and | |
29 | those functions, powers, and duties specifically vested in the director of environmental | |
30 | management by the provisions of § 21-2-22, as amended, entitled "Inspection of Animals and | |
31 | Milk"; together with other powers and duties of the director of the department of health as are | |
32 | incidental to, or necessary for, the performance of the functions transferred by this section; | |
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1 | (6) To cooperate with the Rhode Island commerce corporation in its planning and | |
2 | promotional functions, particularly in regard to those resources relating to agriculture, fisheries, | |
3 | and recreation; | |
4 | (7) To cooperate with, advise, and guide conservation commissions of cities and towns | |
5 | created under chapter 35 of title 45 entitled "Conservation Commissions", as enacted by chapter | |
6 | 203 of the Public Laws, 1960; | |
7 | (8) To assign or reassign, with the approval of the governor, any functions, duties, or | |
8 | powers established by this chapter to any agency within the department, except as hereinafter | |
9 | limited; | |
10 | (9) To cooperate with the water resources board and to provide to the board facilities, | |
11 | administrative support, staff services, and other services as the board shall reasonably require for | |
12 | its operation and, in cooperation with the board and the statewide planning program, to formulate | |
13 | and maintain a long-range guide plan and implementing program for development of major water- | |
14 | sources transmission systems needed to furnish water to regional- and local-distribution systems; | |
15 | (10) To cooperate with the solid waste management corporation and to provide to the | |
16 | corporation such facilities, administrative support, staff services, and other services within the | |
17 | department as the corporation shall reasonably require for its operation; | |
18 | (11) To provide for the maintenance of waterways and boating facilities, consistent with | |
19 | chapter 6.1 of title 46, by: (i) Establishing minimum standards for upland beneficial use and | |
20 | disposal of dredged material; (ii) Promulgating and enforcing rules for water quality, ground water | |
21 | protection, and fish and wildlife protection pursuant to § 42-17.1-24; (iii) Planning for the upland | |
22 | beneficial use and/or disposal of dredged material in areas not under the jurisdiction of the council | |
23 | pursuant to § 46-23-6(2); and (iv) Cooperating with the coastal resources management council in | |
24 | the development and implementation of comprehensive programs for dredging as provided for in | |
25 | §§ 46-23-6(1)(ii)(H) and 46-23-18.3; and (v) Monitoring dredge material management and disposal | |
26 | sites in accordance with the protocols established pursuant to § 46-6.1-5(a)(3) and the | |
27 | comprehensive program provided for in § 46-23-6(1)(ii)(H); no powers or duties granted herein | |
28 | shall be construed to abrogate the powers or duties granted to the coastal resources management | |
29 | council under chapter 23 of title 46, as amended; | |
30 | (12) To establish minimum standards, subject to the approval of the environmental | |
31 | standards board, relating to the location, design, construction, and maintenance of all sewage- | |
32 | disposal systems; | |
33 | (13) To enforce, by such means as provided by law, the standards for the quality of air, and | |
34 | water, and the design, construction, and operation of all sewage-disposal systems; any order or | |
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| |
1 | notice issued by the director relating to the location, design, construction, or maintenance of a | |
2 | sewage-disposal system shall be eligible for recordation under chapter 13 of title 34. The director | |
3 | shall forward the order or notice to the city or town wherein the subject property is located and the | |
4 | order or notice shall be recorded in the general index by the appropriate municipal official in the | |
5 | land evidence records in the city or town wherein the subject property is located. Any subsequent | |
6 | transferee of that property shall be responsible for complying with the requirements of the order or | |
7 | notice. Upon satisfactory completion of the requirements of the order or notice, the director shall | |
8 | provide written notice of the same, which notice shall be similarly eligible for recordation. The | |
9 | original written notice shall be forwarded to the city or town wherein the subject property is located | |
10 | and the notice of satisfactory completion shall be recorded in the general index by the appropriate | |
11 | municipal official in the land evidence records in the city or town wherein the subject property is | |
12 | located. A copy of the written notice shall be forwarded to the owner of the subject property within | |
13 | five (5) days of a request for it, and, in any event, shall be forwarded to the owner of the subject | |
14 | property within thirty (30) days after correction; | |
15 | (14) To establish minimum standards for the establishment and maintenance of salutary | |
16 | environmental conditions, including standards and methods for the assessment and the | |
17 | consideration of the cumulative effects on the environment of regulatory actions and decisions, | |
18 | which standards for consideration of cumulative effects shall provide for: (i) Evaluation of potential | |
19 | cumulative effects that could adversely affect public health and/or impair ecological functioning; | |
20 | (ii) Analysis of other matters relative to cumulative effects as the department may deem appropriate | |
21 | in fulfilling its duties, functions, and powers; which standards and methods shall only be applicable | |
22 | to ISDS systems in the town of Jamestown in areas that are dependent for water supply on private | |
23 | and public wells, unless broader use is approved by the general assembly. The department shall | |
24 | report to the general assembly not later than March 15, 2008, with regard to the development and | |
25 | application of the standards and methods in Jamestown; | |
26 | (15) To establish and enforce minimum standards for permissible types of septage, | |
27 | industrial-waste disposal sites, and waste-oil disposal sites; | |
28 | (16) To establish minimum standards, subject to the approval of the environmental | |
29 | standards board, for permissible types of refuse disposal facilities; the design, construction, | |
30 | operation, and maintenance of disposal facilities; and the location of various types of facilities; | |
31 | (17) To exercise all functions, powers, and duties necessary for the administration of | |
32 | chapter 19.1 of title 23 entitled "Rhode Island Hazardous Waste Management Act"; | |
33 | (18) To designate, in writing, any person in any department of the state government or any | |
34 | official of a district, county, city, town, or other governmental unit, with that official's consent, to | |
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| |
1 | enforce any rule, regulation, or order promulgated and adopted by the director under any provision | |
2 | of law; provided, however, that enforcement of powers of the coastal resources management | |
3 | council shall be assigned only to employees of the department of environmental management, | |
4 | except by mutual agreement or as otherwise provided in chapter 23 of title 46; | |
5 | (19) To issue and enforce the rules, regulations, and orders as may be necessary to carry | |
6 | out the duties assigned to the director and the department by any provision of law; and to conduct | |
7 | investigations and hearings and to issue, suspend, and revoke licenses as may be necessary to | |
8 | enforce those rules, regulations, and orders. Any license suspended under the rules, regulations, | |
9 | and/or orders shall be terminated and revoked if the conditions that led to the suspension are not | |
10 | corrected to the satisfaction of the director within two (2) years; provided that written notice is | |
11 | given by certified mail, return receipt requested, no less than sixty (60) days prior to the date of | |
12 | termination. | |
13 | Notwithstanding the provisions of § 42-35-9 to the contrary, no informal disposition of a | |
14 | contested licensing matter shall occur where resolution substantially deviates from the original | |
15 | application unless all interested parties shall be notified of the proposed resolution and provided | |
16 | with opportunity to comment upon the resolution pursuant to applicable law and any rules and | |
17 | regulations established by the director; | |
18 | (20) To enter, examine, or survey, at any reasonable time, places as the director deems | |
19 | necessary to carry out his or her responsibilities under any provision of law subject to the following | |
20 | provisions: | |
21 | (i) For criminal investigations, the director shall, pursuant to chapter 5 of title 12, seek a | |
22 | search warrant from an official of a court authorized to issue warrants, unless a search without a | |
23 | warrant is otherwise allowed or provided by law; | |
24 | (ii)(A) All administrative inspections shall be conducted pursuant to administrative | |
25 | guidelines promulgated by the department in accordance with chapter 35 of title 42; | |
26 | (B) A warrant shall not be required for administrative inspections if conducted under the | |
27 | following circumstances, in accordance with the applicable constitutional standards: | |
28 | (I) For closely regulated industries; | |
29 | (II) In situations involving open fields or conditions that are in plain view; | |
30 | (III) In emergency situations; | |
31 | (IV) In situations presenting an imminent threat to the environment or public health, safety, | |
32 | or welfare; | |
33 | (V) If the owner, operator, or agent in charge of the facility, property, site, or location | |
34 | consents; or | |
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1 | (VI) In other situations in which a warrant is not constitutionally required. | |
2 | (C) Whenever it shall be constitutionally or otherwise required by law, or whenever the | |
3 | director in his or her discretion deems it advisable, an administrative search warrant, or its | |
4 | functional equivalent, may be obtained by the director from a neutral magistrate for the purpose of | |
5 | conducting an administrative inspection. The warrant shall be issued in accordance with the | |
6 | applicable constitutional standards for the issuance of administrative search warrants. The | |
7 | administrative standard of probable cause, not the criminal standard of probable cause, shall apply | |
8 | to applications for administrative search warrants; | |
9 | (I) The need for, or reliance upon, an administrative warrant shall not be construed as | |
10 | requiring the department to forfeit the element of surprise in its inspection efforts; | |
11 | (II) An administrative warrant issued pursuant to this subsection must be executed and | |
12 | returned within ten (10) days of its issuance date unless, upon a showing of need for additional | |
13 | time, the court orders otherwise; | |
14 | (III) An administrative warrant may authorize the review and copying of documents that | |
15 | are relevant to the purpose of the inspection. If documents must be seized for the purpose of | |
16 | copying, and the warrant authorizes the seizure, the person executing the warrant shall prepare an | |
17 | inventory of the documents taken. The time, place, and manner regarding the making of the | |
18 | inventory shall be set forth in the terms of the warrant itself, as dictated by the court. A copy of the | |
19 | inventory shall be delivered to the person from whose possession or facility the documents were | |
20 | taken. The seized documents shall be copied as soon as feasible under circumstances preserving | |
21 | their authenticity, then returned to the person from whose possession or facility the documents were | |
22 | taken; | |
23 | (IV) An administrative warrant may authorize the taking of samples of air, water, or soil | |
24 | or of materials generated, stored, or treated at the facility, property, site, or location. Upon request, | |
25 | the department shall make split samples available to the person whose facility, property, site, or | |
26 | location is being inspected; | |
27 | (V) Service of an administrative warrant may be required only to the extent provided for | |
28 | in the terms of the warrant itself, by the issuing court | |
29 | (D) Penalties. Any willful and unjustified refusal of right of entry and inspection to | |
30 | department personnel pursuant to an administrative warrant shall constitute a contempt of court and | |
31 | shall subject the refusing party to sanctions, which in the court's discretion may result in up to six | |
32 | (6) months imprisonment and/or a monetary fine of up to ten thousand dollars ($10,000) per refusal. | |
33 | (21) To give notice of an alleged violation of law to the person responsible therefor | |
34 | whenever the director determines that there are reasonable grounds to believe that there is a | |
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1 | violation of any provision of law within his or her jurisdiction or of any rule or regulation adopted | |
2 | pursuant to authority granted to him or her, unless other notice and hearing procedure is specifically | |
3 | provided by that law. Nothing in this chapter shall limit the authority of the attorney general to | |
4 | prosecute offenders as required by law; | |
5 | (i) The notice shall provide for a time within which the alleged violation shall be remedied, | |
6 | and shall inform the person to whom it is directed that a written request for a hearing on the alleged | |
7 | violation may be filed with the director within ten (10) days after service of the notice. The notice | |
8 | will be deemed properly served upon a person if a copy thereof is served him or her personally; or | |
9 | sent by registered or certified mail to his or her last known address; or if he or she is served with | |
10 | notice by any other method of service now or hereafter authorized in a civil action under the laws | |
11 | of this state. If no written request for a hearing is made to the director within ten (10) days of the | |
12 | service of notice, the notice shall automatically become a compliance order; | |
13 | (ii)(A) Whenever the director determines that there exists a violation of any law, rule, or | |
14 | regulation within his or her jurisdiction that requires immediate action to protect the environment, | |
15 | he or she may, without prior notice of violation or hearing, issue an immediate-compliance order | |
16 | stating the existence of the violation and the action he or she deems necessary. The compliance | |
17 | order shall become effective immediately upon service or within such time as is specified by the | |
18 | director in such order. No request for a hearing on an immediate-compliance order may be made; | |
19 | (B) Any immediate-compliance order issued under this section without notice and prior | |
20 | hearing shall be effective for no longer than forty-five (45) days; provided, however, that for good | |
21 | cause shown, the order may be extended one additional period not exceeding forty-five (45) days. | |
22 | (iii) The director may, at his or her discretion and for the purposes of timely and effective | |
23 | resolution and return to compliance, cite a person for alleged noncompliance through the issuance | |
24 | of an expedited citation in accordance with § 42-17.6-3(c); | |
25 | (iv) If a person upon whom a notice of violation has been served under the provisions of | |
26 | this section or if a person aggrieved by any such notice of violation requests a hearing before the | |
27 | director within ten (10) days of the service of notice of violation, the director shall set a time and | |
28 | place for the hearing, and shall give the person requesting that hearing at least five (5) days written | |
29 | notice thereof. After the hearing, the director may make findings of fact and shall sustain, modify, | |
30 | or withdraw the notice of violation. If the director sustains or modifies the notice, that decision | |
31 | shall be deemed a compliance order and shall be served upon the person responsible in any manner | |
32 | provided for the service of the notice in this section; | |
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| |
1 | (v) The compliance order shall state a time within which the violation shall be remedied, | |
2 | and the original time specified in the notice of violation shall be extended to the time set in the | |
3 | order; | |
4 | (vi) Whenever a compliance order has become effective, whether automatically where no | |
5 | hearing has been requested, where an immediate compliance order has been issued, or upon | |
6 | decision following a hearing, the director may institute injunction proceedings in the superior court | |
7 | of the state for enforcement of the compliance order and for appropriate temporary relief, and in | |
8 | that proceeding, the correctness of a compliance order shall be presumed and the person attacking | |
9 | the order shall bear the burden of proving error in the compliance order, except that the director | |
10 | shall bear the burden of proving in the proceeding the correctness of an immediate compliance | |
11 | order. The remedy provided for in this section shall be cumulative and not exclusive and shall be | |
12 | in addition to remedies relating to the removal or abatement of nuisances or any other remedies | |
13 | provided by law; | |
14 | (vii) Any party aggrieved by a final judgment of the superior court may, within thirty (30) | |
15 | days from the date of entry of such judgment, petition the supreme court for a writ of certiorari to | |
16 | review any questions of law. The petition shall set forth the errors claimed. Upon the filing of the | |
17 | petition with the clerk of the supreme court, the supreme court may, if it sees fit, issue its writ of | |
18 | certiorari. | |
19 | (22) To impose administrative penalties in accordance with the provisions of chapter 17.6 | |
20 | of this title and to direct that such penalties be paid into the account established by subdivision (26); | |
21 | (23) The following definitions shall apply in the interpretation of the provisions of this | |
22 | chapter: | |
23 | (i) Director: The term "director" shall mean the director of environmental management of | |
24 | the state of Rhode Island or his or her duly authorized agent; | |
25 | (ii) Person: The term "person" shall include any individual, group of individuals, firm, | |
26 | corporation, association, partnership, or private or public entity, including a district, county, city, | |
27 | town, or other governmental unit or agent thereof, and in the case of a corporation, any individual | |
28 | having active and general supervision of the properties of the corporation; | |
29 | (iii) Service: (A) Service upon a corporation under this section shall be deemed to include | |
30 | service upon both the corporation and upon the person having active and general supervision of the | |
31 | properties of the corporation; | |
32 | (B) For purposes of calculating the time within which a claim for a hearing is made | |
33 | pursuant to subdivision (21)(i), service shall be deemed to be the date of receipt of such notice or | |
34 | three (3) days from the date of mailing of the notice, whichever shall first occur. | |
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1 | (24)(i) To conduct surveys of the present private and public camping and other recreational | |
2 | areas available and to determine the need for and location of other camping and recreational areas | |
3 | as may be deemed necessary and in the public interest of the state of Rhode Island and to report | |
4 | back its findings on an annual basis to the general assembly on or before March 1 of every year; | |
5 | (ii) Additionally, the director of the department of environmental management shall take | |
6 | additional steps, including, but not limited to, matters related to funding as may be necessary to | |
7 | establish such other additional recreational facilities and areas as are deemed to be in the public | |
8 | interest. | |
9 | (25)(i) To apply for and accept grants and bequests of funds, with the approval of the | |
10 | director of administration, from other states, interstate agencies, and independent authorities, and | |
11 | private firms, individuals, and foundations, for the purpose of carrying out his or her lawful | |
12 | responsibilities. The funds shall be deposited with the general treasurer in a restricted receipt | |
13 | account created in the natural resources program for funds made available for that program's | |
14 | purposes or in a restricted receipt account created in the environmental protection program for | |
15 | funds made available for that program's purposes. All expenditures from the accounts shall be | |
16 | subject to appropriation by the general assembly, and shall be expended in accordance with the | |
17 | provisions of the grant or bequest. In the event that a donation or bequest is unspecified, or in the | |
18 | event that the trust account balance shows a surplus after the project as provided for in the grant or | |
19 | bequest has been completed, the director may utilize the appropriated unspecified or appropriated | |
20 | surplus funds for enhanced management of the department's forest and outdoor public recreation | |
21 | areas, or other projects or programs that promote the accessibility of recreational opportunities for | |
22 | Rhode Island residents and visitors; | |
23 | (ii) The director shall submit to the house fiscal advisor and the senate fiscal advisor, by | |
24 | October 1 of each year, a detailed report on the amount of funds received and the uses made of such | |
25 | funds. | |
26 | (26) To establish fee schedules by regulation, with the approval of the governor, for the | |
27 | processing of applications and the performing of related activities in connection with the | |
28 | department's responsibilities pursuant to subsection (12); chapter 19.1 of title 23, as it relates to | |
29 | inspections performed by the department to determine compliance with chapter 19.1 and rules and | |
30 | regulations promulgated in accordance therewith; chapter 18.9 of title 23, as it relates to inspections | |
31 | performed by the department to determine compliance with chapter 18.9 and the rules and | |
32 | regulations promulgated in accordance therewith; chapters 19.5 and 23 of title 23; chapter 12 of | |
33 | title 46, insofar as it relates to water-quality certifications and related reviews performed pursuant | |
34 | to provisions of the federal Clean Water Act, 33 U.S.C. § 1251 et seq.; the regulation and | |
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| |
1 | administration of underground storage tanks and all other programs administered under chapter 12 | |
2 | of title 46 and § 2-1-18 et seq., and chapter 13.1 of title 46 and chapter 13.2 of title 46, insofar as | |
3 | they relate to any reviews and related activities performed under the provisions of the Groundwater | |
4 | Protection Act; chapter 24.9 of title 23 as it relates to the regulation and administration of mercury- | |
5 | added products; and chapter 17.7 of this title, insofar as it relates to administrative appeals of all | |
6 | enforcement, permitting and licensing matters to the administrative adjudication division for | |
7 | environmental matters. Two (2) fee ranges shall be required: for "Appeal of enforcement actions", | |
8 | a range of fifty dollars ($50) to one hundred dollars ($100), and for "Appeal of application | |
9 | decisions", a range of five hundred dollars ($500) to ten thousand dollars ($10,000). The monies | |
10 | from the administrative adjudication fees will be deposited as general revenues and the amounts | |
11 | appropriated shall be used for the costs associated with operating the administrative adjudication | |
12 | division. | |
13 | There is hereby established an account within the general fund to be called the water and | |
14 | air protection program. The account shall consist of sums appropriated for water and air pollution | |
15 | control and waste-monitoring programs and the state controller is hereby authorized and directed | |
16 | to draw his or her orders upon the general treasurer for the payment of the sums, or portions thereof, | |
17 | as may be required, from time to time, upon receipt by him or her of properly authenticated | |
18 | vouchers. All amounts collected under the authority of this subdivision for the sewage-disposal- | |
19 | system program and freshwaters wetlands program will be deposited as general revenues and the | |
20 | amounts appropriated shall be used for the purposes of administering and operating the programs. | |
21 | The director shall submit to the house fiscal advisor and the senate fiscal advisor by January 15 of | |
22 | each year a detailed report on the amount of funds obtained from fines and fees and the uses made | |
23 | of the funds. | |
24 | (27) To establish and maintain a list or inventory of areas within the state worthy of special | |
25 | designation as "scenic" to include, but not be limited to, certain state roads or highways, scenic | |
26 | vistas, and scenic areas, and to make the list available to the public; | |
27 | (28) To establish and maintain an inventory of all interests in land held by public and | |
28 | private land trust and to exercise all powers vested herein to ensure the preservation of all identified | |
29 | lands; | |
30 | (i) The director may promulgate and enforce rules and regulations to provide for the orderly | |
31 | and consistent protection, management, continuity of ownership and purpose, and centralized | |
32 | records-keeping for lands, water, and open spaces owned in fee or controlled in full or in part | |
33 | through other interests, rights, or devices such as conservation easements or restrictions, by private | |
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1 | and public land trusts in Rhode Island. The director may charge a reasonable fee for filing of each | |
2 | document submitted by a land trust; | |
3 | (ii) The term "public land trust" means any public instrumentality created by a Rhode Island | |
4 | municipality for the purposes stated herein and financed by means of public funds collected and | |
5 | appropriated by the municipality. The term "private land trust" means any group of five (5) or more | |
6 | private citizens of Rhode Island who shall incorporate under the laws of Rhode Island as a | |
7 | nonbusiness corporation for the purposes stated herein, or a national organization such as the nature | |
8 | conservancy. The main purpose of either a public or a private land trust shall be the protection, | |
9 | acquisition, or control of land, water, wildlife, wildlife habitat, plants, and/or other natural features, | |
10 | areas, or open space for the purpose of managing or maintaining, or causing to be managed or | |
11 | maintained by others, the land, water, and other natural amenities in any undeveloped and relatively | |
12 | natural state in perpetuity. A private land trust must be granted exemption from federal income tax | |
13 | under Internal Revenue Code 501(c)(3) [26 U.S.C. § 501(c)(3)] within two (2) years of its | |
14 | incorporation in Rhode Island or it may not continue to function as a land trust in Rhode Island. A | |
15 | private land trust may not be incorporated for the exclusive purpose of acquiring or accepting | |
16 | property or rights in property from a single individual, family, corporation, business, partnership, | |
17 | or other entity. Membership in any private land trust must be open to any individual subscribing to | |
18 | the purposes of the land trust and agreeing to abide by its rules and regulations including payment | |
19 | of reasonable dues; | |
20 | (iii)(A) Private land trusts will, in their articles of association or their bylaws, as | |
21 | appropriate, provide for the transfer to an organization, created for the same or similar purposes, of | |
22 | the assets, lands and land rights, and interests held by the land trust in the event of termination or | |
23 | dissolution of the land trust. | |
24 | (B) All land trusts, public and private, will record in the public records, of the appropriate | |
25 | towns and cities in Rhode Island, all deeds, conservation easements, or restrictions or other interests | |
26 | and rights acquired in land and will also file copies of all such documents and current copies of | |
27 | their articles of association, their bylaws, and their annual reports with the secretary of state and | |
28 | with the director of the Rhode Island department of environmental management. The director is | |
29 | hereby directed to establish and maintain permanently a system for keeping records of all private | |
30 | and public land trust land holdings in Rhode Island. | |
31 | (29) The director will contact in writing, not less often than once every two (2) years, each | |
32 | public or private land trust to ascertain: that all lands held by the land trust are recorded with the | |
33 | director; the current status and condition of each land holding; that any funds or other assets of the | |
34 | land trust held as endowment for specific lands have been properly audited at least once within the | |
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1 | two-year (2) period; the name of the successor organization named in the public or private land | |
2 | trust's bylaws or articles of association; and any other information the director deems essential to | |
3 | the proper and continuous protection and management of land and interests or rights in land held | |
4 | by the land trust. In the event that the director determines that a public or private land trust holding | |
5 | land or interest in land appears to have become inactive, he or she shall initiate proceedings to | |
6 | effect the termination of the land trust and the transfer of its lands, assets, land rights, and land | |
7 | interests to the successor organization named in the defaulting trust's bylaws or articles of | |
8 | association or to another organization created for the same or similar purposes. Should such a | |
9 | transfer not be possible, then the land trust, assets, and interest and rights in land will be held in | |
10 | trust by the state of Rhode Island and managed by the director for the purposes stated at the time | |
11 | of original acquisition by the trust. Any trust assets or interests other than land or rights in land | |
12 | accruing to the state under such circumstances will be held and managed as a separate fund for the | |
13 | benefit of the designated trust lands; | |
14 | (30) Consistent with federal standards, issue and enforce such rules, regulations, and orders | |
15 | as may be necessary to establish requirements for maintaining evidence of financial responsibility | |
16 | for taking corrective action and compensating third parties for bodily injury and property damage | |
17 | caused by sudden and non-sudden accidental releases arising from operating underground storage | |
18 | tanks; | |
19 | (31) To enforce, by such means as provided by law, the standards for the quality of air, and | |
20 | water, and the location, design, construction, and operation of all underground storage facilities | |
21 | used for storing petroleum products or hazardous materials; any order or notice issued by the | |
22 | director relating to the location, design, construction, operation, or maintenance of an underground | |
23 | storage facility used for storing petroleum products or hazardous materials shall be eligible for | |
24 | recordation under chapter 13 of title 34. The director shall forward the order or notice to the city or | |
25 | town wherein the subject facility is located, and the order or notice shall be recorded in the general | |
26 | index by the appropriate municipal officer in the land-evidence records in the city or town wherein | |
27 | the subject facility is located. Any subsequent transferee of that facility shall be responsible for | |
28 | complying with the requirements of the order or notice. Upon satisfactory completion of the | |
29 | requirements of the order or notice, the director shall provide written notice of the same, which | |
30 | notice shall be eligible for recordation. The original, written notice shall be forwarded to the city | |
31 | or town wherein the subject facility is located, and the notice of satisfactory completion shall be | |
32 | recorded in the general index by the appropriate municipal official in the land-evidence records in | |
33 | the city or town wherein the subject facility is located. A copy of the written notice shall be | |
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1 | forwarded to the owner of the subject facility within five (5) days of a request for it, and, in any | |
2 | event, shall be forwarded to the owner of the subject facility within thirty (30) days after correction; | |
3 | (32) To manage and disburse any and all funds collected pursuant to § 46-12.9-4, in | |
4 | accordance with § 46-12.9-5, and other provisions of the Rhode Island Underground Storage Tank | |
5 | Financial Responsibility Act, as amended; | |
6 | (33) To support, facilitate, and assist the Rhode Island Natural History Survey, as | |
7 | appropriate and/or as necessary, in order to accomplish the important public purposes of the survey | |
8 | in gathering and maintaining data on Rhode Island natural history; making public presentations and | |
9 | reports on natural history topics; ranking species and natural communities; monitoring rare species | |
10 | and communities; consulting on open-space acquisitions and management plans; reviewing | |
11 | proposed federal and state actions and regulations with regard to their potential impact on natural | |
12 | communities; and seeking outside funding for wildlife management, land management, and | |
13 | research; | |
14 | (34) To promote the effective stewardship of lakes, ponds, rivers, and streams including, | |
15 | but not limited to, collaboration with watershed organizations and associations of lakefront property | |
16 | owners on planning and management actions that will prevent and mitigate water quality | |
17 | degradation, reduce the loss of native habitat due to infestation of non-native species, abate | |
18 | nuisance conditions that result from excessive growth of algal or non-native plant species as well | |
19 | as promote healthy freshwater riverine ecosystems; | |
20 | (35) In implementing the programs established pursuant to this chapter, to identify critical | |
21 | areas for improving service to customers doing business with the department, and to develop and | |
22 | implement strategies to improve performance and effectiveness in those areas. Key aspects of a | |
23 | customer-service program shall include, but not necessarily be limited to, the following | |
24 | components: | |
25 | (a) Maintenance of an organizational unit within the department with the express purpose | |
26 | of providing technical assistance to customers and helping customers comply with environmental | |
27 | regulations and requirements; | |
28 | (b) Maintenance of an employee-training program to promote customer service across the | |
29 | department; | |
30 | (c) Implementation of a continuous business process evaluation and improvement effort, | |
31 | including process reviews to encourage development of quality proposals; ensure timely and | |
32 | predictable reviews; and result in effective decisions and consistent follow up and implementation | |
33 | throughout the department; and publish an annual report on such efforts; | |
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1 | (d) Creation of a centralized location for the acceptance of permit applications and other | |
2 | submissions to the department; | |
3 | (e) Maintenance of a process to promote, organize, and facilitate meetings prior to the | |
4 | submission of applications or other proposals in order to inform the applicant on options and | |
5 | opportunities to minimize environmental impact; improve the potential for sustainable | |
6 | environmental compliance; and support an effective and efficient review and decision-making | |
7 | process on permit applications related to the proposed project; | |
8 | (f) Development of single permits under multiple authorities otherwise provided in state | |
9 | law to support comprehensive and coordinated reviews of proposed projects. The director may | |
10 | address and resolve conflicting or redundant process requirements in order to achieve an effective | |
11 | and efficient review process that meets environmental objectives; and | |
12 | (g) Exploration of the use of performance-based regulations coupled with adequate | |
13 | inspection and oversight, as an alternative to requiring applications or submissions for approval | |
14 | prior to initiation of projects. The department shall work with the office of regulatory reform to | |
15 | evaluate the potential for adopting alternative compliance approaches and provide a report to the | |
16 | governor and the general assembly by May 1, 2015; and | |
17 | (h) Designate case managers, reporting to the director or deputy director, as necessary to | |
18 | facilitate and expedite project permitting, particularly for complex or multi-jurisdictional projects, | |
19 | and coordinate permitting with the mitigation of non-compliant conditions on project sites. | |
20 | (36) To formulate and promulgate regulations requiring any dock or pier longer than twenty | |
21 | feet (20') and located on a freshwater lake or pond to be equipped with reflective materials, on all | |
22 | sides facing the water, of an appropriate width and luminosity such that it can be seen by operators | |
23 | of watercraft; and | |
24 | (37) To temporarily waive any control or prohibition respecting the use of a fuel or fuel | |
25 | additive required or regulated by the department if the director finds that: | |
26 | (i) Extreme or unusual fuel or fuel additive supply circumstances exist in the state or the | |
27 | New England region that prevent the distribution of an adequate supply of the fuel or fuel additive | |
28 | to consumers; | |
29 | (ii) Extreme or unusual fuel or fuel additive supply circumstances are the result of a natural | |
30 | disaster, an act of God, a pipeline or refinery equipment failure, or another event that could not | |
31 | reasonably have been foreseen; and | |
32 | (iii) It is in the public interest to grant the waiver. | |
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1 | Any temporary waiver shall be made in writing and shall be effective for twenty (20) | |
2 | calendar days; provided, that the director may renew the temporary waiver, in writing, if it is | |
3 | deemed necessary. | |
4 | SECTION 11. Effective on July 1, 2020, section 46-12.7-4.1 of the General Laws in | |
5 | Chapter 46-12.7 entitled "Oil Spill Prevention, Administration and Response Fund" is hereby | |
6 | amended to read as follows: | |
7 | 46-12.7-4.1. Uniform oil response and prevention fee. | |
8 | (a) A uniform oil spill response and prevention fee in an amount not exceeding five cents | |
9 | ($.05) ten cents ($0.10) for each barrel of petroleum products, as set by the director pursuant to | |
10 | subsection (d) of this section, shall be imposed upon every person owning petroleum products at | |
11 | the time the petroleum products are received at a marine terminal within this state by means of a | |
12 | vessel from a point of origin outside this state. The fee shall be remitted to the division of taxation | |
13 | on the 30th day of each month based upon the number of barrels of petroleum products received | |
14 | during the preceding month. | |
15 | (b) Every owner of petroleum products shall be liable for the fee until it has been paid to | |
16 | the state, except that payment to a marine terminal operator registered under this chapter is | |
17 | sufficient to relieve the owner from further liability for the fee; provided, however, that the fee for | |
18 | asphalt products and asphalt derivatives shall be one cent ($.01) per barrel of asphalt products or | |
19 | derivatives. | |
20 | (c) Whenever the director, in consultation with the department and the division of taxation, | |
21 | estimates that the amount in the fund will reach the amount specified in subsection (e) of this | |
22 | section, and the money in the fund is not required for the purposes specified in § 46-12.7-5.1, the | |
23 | director shall instruct the division of taxation to cease collecting the fee. | |
24 | (d) The director shall set the amount of the oil spill prevention and response fees. The | |
25 | administrator, except for the fee set out in subsection (b), shall not set the amount of the fee at less | |
26 | than five cents ($0.05) for each barrel of petroleum products or crude oil, unless the director finds | |
27 | that the assessment of a lesser fee will cause the fund to reach the designated amount within six (6) | |
28 | months. | |
29 | (e) For the purposes of this chapter, "designated amount" means an amount equal to ten | |
30 | million dollars ($10,000,000), adjusted for inflation after January 1, 1998, according to an index | |
31 | which the director may reasonably choose. | |
32 | (f) All For every ten cents ($0.10) in fees collected pursuant to this section, seven cents | |
33 | (0.07) shall be deposited in the oil spill prevention, administration, and response fund, and shall be | |
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1 | disbursed according to the purposes expressed in § 46-12.7-5.1., and three cents ($0.03) shall be | |
2 | deposited in the ocean state climate adaptation and resilience fund established by § 46-23.3-2. | |
3 | (g) Notwithstanding the provisions of subsection (f) of this section, each July 1st, two | |
4 | hundred and fifty thousand dollars ($250,000) of the fees collected under this section for the oil | |
5 | spill prevention, administration, and response fund shall be deposited into the coastal and estuarine | |
6 | habitat restoration trust fund (the "trust"). | |
7 | SECTION 12. Effective on July 1, 2020, Title 46 of the General Laws entitled "Waters and | |
8 | Navigation" is hereby amended by adding thereto the following chapter: | |
9 | CHAPTER 23.3 | |
10 | THE OCEAN STATE CLIMATE ADAPTATION AND RESILIENCE FUND | |
11 | 46-23.3-1. Definitions. | |
12 | For the purposes of this chapter, the following definitions shall apply: | |
13 | (1) “Adaptation and resilience projects” are those projects on public land and open space, | |
14 | as defined in subsections (6) and (7) of this section, that protect or enhance natural systems and | |
15 | habitats, that are proposed in response to climate change impacts as defined in subsection (2) of | |
16 | this section, and that improve climate resilience. Adaptation and resilience projects include those | |
17 | projects that reduce the vulnerability of low-lying infrastructure on public land through measures | |
18 | that include removal and relocation of infrastructure, restoration of river and stream floodplains | |
19 | including regrading of banks, revegetation, acquisition of that area of land necessary to maintain | |
20 | and preserve public access, habitat improvements, and redesign, resizing and replacement of | |
21 | culverts and bridge spans at existing wetland crossings. | |
22 | (2) “Climate change impacts” in Rhode Island include, but are not limited to, sea level rise, | |
23 | coastal erosion, flooding, warming land and water, and storm surge and are consistent with the | |
24 | impacts recognized by the Executive Climate Change Coordinating Council. | |
25 | (3) “Department” means the department of environmental management. | |
26 | (4) “Director” means the director of the department of environmental management. | |
27 | (5) “Infrastructure” includes roads, parking lots and other paved surfaces, shoreline | |
28 | protection structures, buildings, boat ramps and piers, water control structures, other structures, and | |
29 | remnants of development. | |
30 | (6) “Public land” means property owned by state or municipal governments. Public land | |
31 | includes properties where the state or municipality holds an easement for public purposes. | |
32 | (7) “Open space” means land in its natural state that conserves forests, enhances wildlife | |
33 | habitat or protects ecosystem health or any tract or contiguous tracts of undeveloped land, where | |
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1 | the undeveloped land serves to enhance agricultural values or public access to shorelines and | |
2 | riverbanks. | |
3 | (8) “Shoreline protection structures” includes revetments, bulkheads, seawalls and | |
4 | floodwalls, groins, breakwaters, jetties, and other structures, the purpose or effect of which is to | |
5 | control the erosion of coastal or river features, and includes any sheet pile walls, concrete or stone | |
6 | walls. | |
7 | 46-23.3-2. Establishment of the Ocean State climate adaptation and resilience fund. | |
8 | (a) There is established within the department of environmental management an “ocean | |
9 | state climate adaptation and resilience fund” (the “OSCAR fund”). The OSCAR fund shall | |
10 | constitute a restricted receipt account within the general fund of the state and housed within the | |
11 | budget of the department of environmental management. | |
12 | (b) OSCAR fund grants. Factors to be taken into account by the technical committee for | |
13 | the purposes of recommending the granting of monies to municipalities and the state for OSCAR | |
14 | grants, determining the eligibility of projects for financial assistance, and in prioritizing the | |
15 | recommendation of projects by the technical committee shall include, but need not be limited to: | |
16 | (1) Consistency with the following where applicable: the state’s resilience strategy, the | |
17 | coastal resources management council's most recent projections for sea level rise, the coastal habitat | |
18 | restoration strategy, the state nonpoint pollution control plan and other applicable state and federal | |
19 | laws. | |
20 | (2) The ability and authority of the applicant to carry out and properly maintain the | |
21 | adaptation project; | |
22 | (3) Whether the project will enhance public access; | |
23 | (4) The severity, risk and/or extent of infrastructure degradation on public land; | |
24 | (5) The extent of the use by the public of the land; | |
25 | (6) The proposed milestones to ensure that the project is completed as designed and | |
26 | approved; | |
27 | (7) Whether the adaptation project can also be shown to create or replace habitat losses that | |
28 | benefit fish and wildlife resources; | |
29 | (8) Potential water quality improvements; | |
30 | (9) Potential improvements to fish and wildlife habitats for species which are identified as | |
31 | rare or endangered by the Rhode Island natural history survey or the Federal Endangered Species | |
32 | Act [16 U.S.C. §1531 et seq.]; | |
33 | (10) The level and extent of collaboration by partners (e.g., municipality, nongovernment | |
34 | organization, watershed council, federal agency, etc.); and | |
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1 | (11) Overall potential benefits to the public and estimated length of time frame of benefit. | |
2 | (c) Nothing contained in this chapter is intended to abrogate or affect the existing powers | |
3 | of the department of environmental management. | |
4 | 46-23.3-3. Eligible and Ineligible projects. | |
5 | (a) Monies in the OSCAR fund shall be used solely for adaptation and resilience projects | |
6 | as defined in § 46-23.3-1. | |
7 | (b) Monies in the OSCAR fund shall not be used for: | |
8 | (1) Mitigating any current, planned, or future projects that degrade, fill, or otherwise | |
9 | destroy coastal, estuarine, or riverine habitats; | |
10 | (2) Fulfilling any liability for restoration required by any local, state, or federal agency | |
11 | pursuant to an environmental or public health enforcement action; | |
12 | (3) With the exception of culverts and bridge spans as specifically described in 46-23.2-2 | |
13 | (1), elevating, repairing or replacing infrastructure, or constructing new infrastructure, in its | |
14 | existing location that is experiencing climate change impacts as defined in Section 46-23.3-2(2); | |
15 | (4) Constructing new shoreline protection structures, with the exception of repairing or | |
16 | upgrading an existing bulkhead or seawall at a public park; or | |
17 | (5) Constructing roads or bridges. | |
18 | 46-23.3-4. Financing of the OSCAR fund. | |
19 | (a) The OSCAR fund shall consist of the following sources: | |
20 | (1) Sums the legislature may appropriate; | |
21 | (2) Monies received from federal, state, or other sources, including bond funds, for the | |
22 | purpose of climate adaptation that the Director allocates to the OSCAR fund; | |
23 | (3) Monies received from any private donor for the OSCAR fund; | |
24 | (4) Fees collected pursuant to § 46-12.7-4.1 for the OSCAR fund; and | |
25 | (5) Any interest earned on the monies in the fund. | |
26 | 46-23.3-5. Allocation of the fund. | |
27 | Monies from the OSCAR fund shall be used to carry out the purposes of this chapter as | |
28 | follows: | |
29 | (1) The administrative expenses required to carry out the activities of the program as | |
30 | described in this chapter not to exceed $75,000 annually; | |
31 | (2) The scope of grant applications may include the planning and design, engineering, | |
32 | construction, and monitoring of adaptation projects as described in this chapter; and | |
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1 | (3) The OSCAR projects approved by the department upon recommendation of the | |
2 | technical advisory committee. Only applications approved through the process established by the | |
3 | Department shall be eligible for funding under this program. | |
4 | 46-23.3-6. Technical advisory committee. | |
5 | Members of the technical advisory committee shall include representatives from the | |
6 | department, the council, statewide planning, and Rhode Island emergency management authority. | |
7 | The technical advisory committee shall serve as an advisory board to the department throughout | |
8 | this process. | |
9 | 46-23.3-7. Disbursement process and reporting. | |
10 | (a) The department shall establish and execute a process for the solicitation, evaluation and | |
11 | award of grants for projects that meet the requirements set forth in in this chapter. | |
12 | (b) The department shall submit a report to the legislature not later than the tenth (10th) | |
13 | day following the convening of each regular session of the legislature, starting in January 2022. | |
14 | The report shall include the following: | |
15 | (1) The amount of money awarded from the OSCAR fund during the preceding fiscal year; | |
16 | (2) A brief summary of the projects that received funding and a timeline of implementation; | |
17 | and; | |
18 | (3) Any other information requested by the general assembly. | |
19 | 46-23.3-5. Regulations. | |
20 | The director may adopt all rules and regulations necessary for the administration and | |
21 | enforcement of this chapter, in consultation with the coastal resources management council. | |
22 | SECTION 13. Sections 1, 2, 11 and 12 shall take effect on July 1, 2020. Section 5 shall | |
23 | take effect on July 1, 2021. The remainder of this article shall take effect upon passage. | |
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