RI Marine Fisheries Statutes and Regulations - Part XV - Lobsters, Other Crustaceans, and Horseshoe Crabs


250-1851 INACTIVE RULE EMERGENCY RULE

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Title 250 Rhode Island Department of Environmental Management
Chapter XXX Old Regulations Which Were Not Assigned Chapter-Subchap-Part
Subchapter XX Old Regulations Which Were Not Assigned Chapter-Subchap-Part
Part 1851 RI Marine Fisheries Statutes and Regulations - Part XV - Lobsters, Other Crustaceans, and Horseshoe Crabs
Type of Filing Amendment
Regulation Status Inactive
Effective 01/16/2013 to 05/16/2013

Regulation Authority:

Title 20, Chapters 42-17.1, 42-17.6, and 42-17.7, and in accordance with Chapter 42-35, Administrative Procedures Act of the Rhode Island General Laws of 1956, as amended.

Purpose and Reason:

The purpose of this filing is to adopt regulatory amendments via emergency rule making to come into compliance with federal requirements for mandatory v-notching of certain female lobsters in LCMA 4 and LCMA 5 along with establishing season closures for the landing of lobsters in theses areas from February 1 through March 31 annually.

Brief statement of Reason for Finding Imminent Peril:

Rhode Island is compelled to promulgate regulations to implement fishery management plans that have been adopted by the ASMFC. The ASMFC has adopted an addendum to their fishery management plan (Addendum XVII to the American Lobster Fishery Management Plan) for the American Lobster (Homerus americanus), which contains a number of management changes that need to be adopted by each state. An imminent peril exists to the public health, safety, and welfare which requires the adoption of the attached rules and regulations since without the adoption of the attached regulations, the public welfare would be jeopardized by the probable imposition of a moratorium on the landing of any lobsters in the state of Rhode Island due to failure to promulgate regulations to implement the adopted changes as defined in the addendum that the ASMFC and its member states have approved.