(a)  The marine waters of Rhode Island, or portions thereof, shall not be closed to recreational or commercial fishing unless such closure is:

(1)  Deemed necessary in order to protect, manage, or restore marine fish, shellfish, crustaceans, and associated marine habitats or other marine resources, protect public health or safety, or address some other public purpose;

(2)  Based on the best currently available scientific information; and

(3)  Developed via public review and stakeholder input through chapter 35 of Title 42 and other applicable state law, and with the advice of the marine fisheries council; except where the director deems it necessary to institute a closure via emergency rule, in which case the regulation must meet the standards set forth by chapter 35 of Title 42 and have an effective period of not more than one hundred twenty (120) days.

Terms Used In Rhode Island General Laws 20-3.2-3

  • Commercial fishing: means to take, harvest, hold, transport, load, or off-load, marine species for sale or for intended sale;

    (3)  "Hinge width" means the distance between the convex apex of the right shell and the convex apex of the left shell;

    (4)  "Land or landing" means to off-load seafood products, including, but not limited to, finfish, shellfish, and crustaceans, for sale or intended sale, or to secure a vessel with the seafood products on board to a shoreside facility where the products may be off-loaded for sale or intended sale;

    (5)  "Nonresident landowner" means a nonresident citizen of the United States and owner of real estate in Rhode Island as evidenced by deed filed in the recorder of deeds office in a Rhode Island town or city hall;

    (6)  "Peck" means one fourth (¼) of a bushel;

    (7)  "Person" means an individual, corporation, partnership, or other legal entity;

    (8)  "Possession" means the exercise of dominion or control over the resource commencing at the time at which a decision is made not to return the resource to the immediate vicinity from which it was taken. See Rhode Island General Laws 20-1-3

(b)  Any marine waters of Rhode Island, or portions thereof, that are closed to recreational or commercial fishing shall be reopened if and when the original justification for such closure ceases to apply.

(c)  As part of the annual reporting requirements as specified in § 20-2.1-9(6), the department of environmental management, upon advice of the marine fisheries council, shall include therein an evaluation of any closures identified as significant by the council and any relevant scientific information related thereto that was collected during the year.

History of Section.
P.L. 2003, ch. 164, § 1; P.L. 2003, ch. 167, § 1.