98 -- H 8308

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LC00298
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S T A T E     O F    R H O D E    I S L A N D

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 1998

____________

A N     A C T

RELATING TO FISH AND WILDLIFE -- AQUACULTURE

Introduced By: Representatives Naughton, Kennedy and Reilly

Date Introduced : February 3, 1998

Referred To: Jt. Committee on Environment and Energy

It is enacted by the General Assembly as follows:

SECTION 1. Chapter 20-10 of the General Laws entitled "Aquaculture" is hereby amended by adding thereto the following sections:

{ADD 20-10-1.1. Creation of biosecurity board. -- ADD} {ADD There shall be a biosecurity board within the CRMC which shall meet, at minimum, on a quarterly basis and shall be composed of seven (7) members to be designated by the executive director of the CRMC, or his or her designee, with council approval. The council shall select a chair from among the board members, one (1) of whom shall be the excutive director of the CRMC or his or her designee, one (1) of whom shall be the state veterinarian or an individual certified in veterinary medicine, with a speciality in aquatic diseases, or by the American Fisheries Society, one (1) of whom shall be a certified medical doctor or a person with a Ph.D. in public health, one (1) of whom shall be a representative of the division of fish and wildlife, one (1) of whom shall be a representative of the marine fisheries council, one (1) of whom shall be a representative from the aquaculture industry and one (1) of whom shall be a faculty member of the University of Rhode Island, Department of Fisheries, Animals and Veterinary Science. ADD}

{ADD 20-10-1.2. Biosecurity board -- Powers and duties. -- ADD} {ADD (a) It shall be the duty of the biosecurity board to assist and advise the council in carrying out the provisions of this chapter. In performing this duty, the biosecurity board shall cooperate with appropriate state and federal agencies, including but not limited to the department of health, and shall recommend inspections as necessary to ensure compliance with public health standards. The biosecurity board shall from time to time review federal agency regulations pertaining to aquaculture disease and the importation of non-indigenous and genetically altered species and shall otherwise maintain a current understanding of aquatic diseases and management practices necessary to preserving the aquaculture industry and wild stock. The members of the biosecurity board shall serve without salary. ADD}

SECTION 2. Section 20-10-12 of the General Laws in Chapter 20-10 entitled "Aquaculture" is hereby amended to read as follows:

20-10-12. Permits for possession, importation, and transportation of species used in aquaculture. -- (a) {ADD Notwithstanding any provision in chapter 1 of title 2, or chapters 3, 4, 6, 7, or 8 of title 20 or any rule or general law enforced or promulgated by the department of environmental management which restricts the taking of wild fishing stocks, ADD} {DEL T DEL} {ADD t ADD}he {DEL director DEL} {ADD CRMC ADD} is hereby authorized and empowered to grant permits for and establish rules and regulations governing the taking, possession, sale, importation, and transportation of animal or plant species utilized in aquaculture. Provided, however, that in the case of bivalves, no approval shall be given for the sale, possession, use, storage, or transportation of those species for human consumption without the written approval and permission of the director of health.

(b) Any person who possesses, imports, or transports any animal or plant species as delineated in subsection (a) of this section without a permit issued by the {DEL director DEL} {ADD CRMC ADD} shall be guilty of a misdemeanor and subject to imprisonment of not more than one year or a fine of not more than five hundred dollars ($500), or both. The animal or plant species possessed, imported, or transported by that person may be forfeited to the state.

SECTION 3. Section 20-12-5 of the General Laws in Chapter 20-12 entitled "Fish Cultivation" is hereby amended to read as follows:

20-12-5. Fishing prohibited in or near waters set aside. -- No person shall catch or attempt to catch any fish, or use any seine for catching fish, in waters acquired by the director of environmental management for fish cultivation projects, {DEL or within one-half (1/2) mile from the mouth or outlet of any fish cultivation project; DEL}provided, however, the director may by regulation adopted pursuant to section 20-1-12, or by special permit, allow persons to fish at {DEL or near DEL} a fish cultivation project.

SECTION 4. This act shall take effect upon passage.

EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N     A C T
RELATING TO FISH AND WILDLIFE -- AQUACULTURE

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This act would create a biosecurity board to assist in carrying out the provisions of aquaculture laws.

This act would also transfer regulatory authority over the taking of farm raised plants and animals from the director to the CRMC and remove the one-half mile fishing restriction on public aquaculture projects.

This act would take effect upon passage.



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