§ 20-3.2-3 Freedom to fish. – (a) The marine waters of Rhode Island, or portions thereof, shall not be closedto recreational or commercial fishing unless such closure is:
(1) Deemed necessary in order to protect, manage or restoremarine fish, shellfish, crustaceans, and associated marine habitats or othermarine resources, protect public health or safety, or address some other publicpurpose;
(2) Based on the best currently available scientificinformation; and (3) developed via public review and stakeholder input throughchapter 35 of title 42 and other applicable state law, and with the advice ofthe marine fisheries council; except where the director deems it necessary toinstitute a closure via emergency rule, in which case the regulation must meetthe standards set forth by chapter 35 of title 42 and have an effective periodof not more than one hundred twenty (120) days.
(b) Any marine waters of Rhode Island, or portions thereof,that are closed to recreational or commercial fishing shall be reopened if andwhen the original justification for such closure ceases to apply.
(c) As part of the annual reporting requirements as specifiedin § 20-2.1-9(6), the Department of Environmental Management, upon adviceof the Marine Fisheries Council, shall include therein an evaluation of anyclosures identified as significant by the council and any relevant scientificinformation related thereto that was collected during the year.
§ 20-3.2-3 Freedom to fish. – (a) The marine waters of Rhode Island, or portions thereof, shall not be closedto recreational or commercial fishing unless such closure is:
(1) Deemed necessary in order to protect, manage or restoremarine fish, shellfish, crustaceans, and associated marine habitats or othermarine resources, protect public health or safety, or address some other publicpurpose;
(2) Based on the best currently available scientificinformation; and (3) developed via public review and stakeholder input throughchapter 35 of title 42 and other applicable state law, and with the advice ofthe marine fisheries council; except where the director deems it necessary toinstitute a closure via emergency rule, in which case the regulation must meetthe standards set forth by chapter 35 of title 42 and have an effective periodof not more than one hundred twenty (120) days.
(b) Any marine waters of Rhode Island, or portions thereof,that are closed to recreational or commercial fishing shall be reopened if andwhen the original justification for such closure ceases to apply.
(c) As part of the annual reporting requirements as specifiedin § 20-2.1-9(6), the Department of Environmental Management, upon adviceof the Marine Fisheries Council, shall include therein an evaluation of anyclosures identified as significant by the council and any relevant scientificinformation related thereto that was collected during the year.
§ 20-3.2-3 Freedom to fish. – (a) The marine waters of Rhode Island, or portions thereof, shall not be closedto recreational or commercial fishing unless such closure is:
(1) Deemed necessary in order to protect, manage or restoremarine fish, shellfish, crustaceans, and associated marine habitats or othermarine resources, protect public health or safety, or address some other publicpurpose;
(2) Based on the best currently available scientificinformation; and (3) developed via public review and stakeholder input throughchapter 35 of title 42 and other applicable state law, and with the advice ofthe marine fisheries council; except where the director deems it necessary toinstitute a closure via emergency rule, in which case the regulation must meetthe standards set forth by chapter 35 of title 42 and have an effective periodof not more than one hundred twenty (120) days.
(b) Any marine waters of Rhode Island, or portions thereof,that are closed to recreational or commercial fishing shall be reopened if andwhen the original justification for such closure ceases to apply.
(c) As part of the annual reporting requirements as specifiedin § 20-2.1-9(6), the Department of Environmental Management, upon adviceof the Marine Fisheries Council, shall include therein an evaluation of anyclosures identified as significant by the council and any relevant scientificinformation related thereto that was collected during the year.
