(1) Article I, § 17 of the constitution of the state ofRhode Island and Providence Plantations guarantees to the people the free rightof fishery; and
(2) The free right of fishery cannot be enjoyed unless bothfinfish and shellfish are in abundance to be caught; and
(3) The metabolism and catabolism of plants and animals whichconstitute the estuarine complex found in salt marshes furnishes the nitrates,phosphates, sugars, plankton, and organic chemicals necessary for the nurtureof finfish and shellfish throughout the Narragansett Bay area and its environs;and
(4) All the salt marshes of this state are in jeopardy ofdespoliation by persons unmindful of the economic and esthetic consequences ofthat spoliation.
(b) Any person who dumps or deposits mud, dirt, or rubbishupon, or who excavates and disturbs the ecology of, intertidal salt marshes, orany part of one, without first obtaining a permit issued by the department ofenvironmental management shall be fined for each offense five hundred dollars($500), one half ( 1/2) to the use of the state and one half ( 1/2) to the useof the complainant.
(c) Any person who violates an order of the director of thedepartment of environmental management to cease dumping or excavating shall befined fifty dollars ($50.00) for each day he or she continues the dumping orexcavating.
(d) Any person who so disturbs the ecology of an intertidalsalt marsh may, upon complaint of the director of the department, filed in thesuperior court, be required to restore the salt marsh to the extent practical.
(e) For the purposes of this chapter an intertidal salt marshshall be prima facie presumed to be those areas upon which grow some, but notnecessarily all, of the following: salt marsh grass (Spartina Alterniflora),black grass (Juncus gerardi), seaside lavender (Limonium carolinianum),saltwort (Salicornea europaea), salt meadow grass (Spartina patens), spikegrass (Distichlis spicata), salt marsh bullrush (Scirpus maritima) and sandspurrey (Spergularia marina), and upon which exists salt marsh peat.
(f) The director of natural resources shall refuse to issuesuch permit if, in his or her judgment, the dumping or depositing of mud, dirtor rubbish or excavation would disturb the ecology of intertidal salt marshes.
(1) Article I, § 17 of the constitution of the state ofRhode Island and Providence Plantations guarantees to the people the free rightof fishery; and
(2) The free right of fishery cannot be enjoyed unless bothfinfish and shellfish are in abundance to be caught; and
(3) The metabolism and catabolism of plants and animals whichconstitute the estuarine complex found in salt marshes furnishes the nitrates,phosphates, sugars, plankton, and organic chemicals necessary for the nurtureof finfish and shellfish throughout the Narragansett Bay area and its environs;and
(4) All the salt marshes of this state are in jeopardy ofdespoliation by persons unmindful of the economic and esthetic consequences ofthat spoliation.
(b) Any person who dumps or deposits mud, dirt, or rubbishupon, or who excavates and disturbs the ecology of, intertidal salt marshes, orany part of one, without first obtaining a permit issued by the department ofenvironmental management shall be fined for each offense five hundred dollars($500), one half ( 1/2) to the use of the state and one half ( 1/2) to the useof the complainant.
(c) Any person who violates an order of the director of thedepartment of environmental management to cease dumping or excavating shall befined fifty dollars ($50.00) for each day he or she continues the dumping orexcavating.
(d) Any person who so disturbs the ecology of an intertidalsalt marsh may, upon complaint of the director of the department, filed in thesuperior court, be required to restore the salt marsh to the extent practical.
(e) For the purposes of this chapter an intertidal salt marshshall be prima facie presumed to be those areas upon which grow some, but notnecessarily all, of the following: salt marsh grass (Spartina Alterniflora),black grass (Juncus gerardi), seaside lavender (Limonium carolinianum),saltwort (Salicornea europaea), salt meadow grass (Spartina patens), spikegrass (Distichlis spicata), salt marsh bullrush (Scirpus maritima) and sandspurrey (Spergularia marina), and upon which exists salt marsh peat.
(f) The director of natural resources shall refuse to issuesuch permit if, in his or her judgment, the dumping or depositing of mud, dirtor rubbish or excavation would disturb the ecology of intertidal salt marshes.
(1) Article I, § 17 of the constitution of the state ofRhode Island and Providence Plantations guarantees to the people the free rightof fishery; and
(2) The free right of fishery cannot be enjoyed unless bothfinfish and shellfish are in abundance to be caught; and
(3) The metabolism and catabolism of plants and animals whichconstitute the estuarine complex found in salt marshes furnishes the nitrates,phosphates, sugars, plankton, and organic chemicals necessary for the nurtureof finfish and shellfish throughout the Narragansett Bay area and its environs;and
(4) All the salt marshes of this state are in jeopardy ofdespoliation by persons unmindful of the economic and esthetic consequences ofthat spoliation.
(b) Any person who dumps or deposits mud, dirt, or rubbishupon, or who excavates and disturbs the ecology of, intertidal salt marshes, orany part of one, without first obtaining a permit issued by the department ofenvironmental management shall be fined for each offense five hundred dollars($500), one half ( 1/2) to the use of the state and one half ( 1/2) to the useof the complainant.
(c) Any person who violates an order of the director of thedepartment of environmental management to cease dumping or excavating shall befined fifty dollars ($50.00) for each day he or she continues the dumping orexcavating.
(d) Any person who so disturbs the ecology of an intertidalsalt marsh may, upon complaint of the director of the department, filed in thesuperior court, be required to restore the salt marsh to the extent practical.
(e) For the purposes of this chapter an intertidal salt marshshall be prima facie presumed to be those areas upon which grow some, but notnecessarily all, of the following: salt marsh grass (Spartina Alterniflora),black grass (Juncus gerardi), seaside lavender (Limonium carolinianum),saltwort (Salicornea europaea), salt meadow grass (Spartina patens), spikegrass (Distichlis spicata), salt marsh bullrush (Scirpus maritima) and sandspurrey (Spergularia marina), and upon which exists salt marsh peat.
(f) The director of natural resources shall refuse to issuesuch permit if, in his or her judgment, the dumping or depositing of mud, dirtor rubbish or excavation would disturb the ecology of intertidal salt marshes.
