| Chapter 049 |
| 2016 -- S 2803 Enacted 06/06/2016 |
| A N A C T |
| RELATING TO FISH AND WILDLIFE - COMMERCIAL FISHING LICENSE REVIEW BOARD |
| Introduced By: Senator William J. Conley |
| Date Introduced: March 23, 2016 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 20-2.1-12 of the General Laws in Chapter 20-2.1 entitled |
| "Commercial Fishing Licenses" is hereby repealed. |
| 20-2.1-12. Commercial fishing license review board. -- (a) There is hereby established |
| within the department the commercial fishing license review board of five (5) members to be |
| appointed by the governor for a term of five (5) years with the advice and consent of the senate, |
| provided that for the initial appointments, two (2) shall be for a term of five (5) years, one shall |
| be for a term of four (4) years, one shall be for a term of three (3) years, and one shall be for a |
| term of two (2) years. Three (3) members shall be commercial fishers, one from each of the |
| fisheries sectors; one of whom shall be a person with professional knowledge of fisheries |
| management, and one of whom shall be an attorney, licensed to practice law for at least five (5) |
| years and with environmental law expertise; the attorney member shall be the chairperson. Three |
| (3) members of the board shall constitute a quorum. Members of the board shall serve until their |
| successors are duly appointed. The purpose of the board shall be to hear requests for |
| reconsideration of the preliminary denial of a commercial fishing license. |
| (b) Any person whose application for a commercial fishing license was denied by the |
| office of boat registration and licensing may file a request for reconsideration to the commercial |
| fishing license review board unless the person is prohibited from said request pursuant to § 20- |
| 2.1-4(g). Requests for reconsideration must be filed with the office of boat registration and |
| licensing within ten (10) days of receipt of the denial. The review board shall consider the impact |
| that issuance of the license will have on the fisheries management program overall, equity with |
| other license holders, consistency with prior agency decisions, consistency with management |
| plans, unreasonable hardship to the applicant and consistency with the purposes of this chapter. |
| The burden shall be on the applicant to demonstrate to the board that they meet the criteria for a |
| license. |
| (c) Within thirty (30) days of receipt of a request for reconsideration, the review board |
| shall issue a written recommendation to the office of boat registration and licensing. The decision |
| of the board shall state the specific grounds for its decision and the vote of the board. Within ten |
| (10) days of receipt of the decision of the board, the office of boat registration and licensing shall |
| issue a written decision affirming, denying or modifying the recommendation of the board and |
| stating the rationale for the decision. The applicant may appeal the decision of the office of boat |
| registration and licensing to the administrative adjudication division for environmental matters |
| pursuant to § 42-17.7-1 et seq. The written decision of the review board and the office of boat |
| registration and licensing shall be provided and made part of the administrative record upon |
| appeal. |
| (d) Nothing contained in this section shall affect the authority granted in chapter 17.7 of |
| title 42. |
| SECTION 2. This act shall take effect upon passage. |
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| LC005291 |
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