RHODE ISLAND MARINE FISHERIES STATUTES AND REGULATIONS - Part XVI – Menhaden Regulations
250-1852 INACTIVE RULE EMERGENCY RULE
| 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 | 1852 | RHODE ISLAND MARINE FISHERIES STATUTES AND REGULATIONS - Part XVI – Menhaden Regulations |
| Type of Filing | Amendment |
| Regulation Status | Inactive |
| Effective | 07/03/2007 to 10/31/2007 |
Regulation Authority:
Chapters 42-17.1, 42-17.6, 20-1-2, 20-1-4, 20-3-2 thru 20-3-6, 20-4 thru 20-10, and in accordance with 42-35, of the Rhode Island General Laws of 1956, as amended.
Purpose and Reason:
The purpose of this filing is to adopt emergency regulations concerning the harvesting of menhaden.
Brief statement of Reason for Finding Imminent Peril:
The permitting of a large increase in fishing effort in the menhaden fishery under the current regulatory regime will subject the menhaden fishery to overfishing relative to the Atlantic States Marine Fisheries Commission (ASMFC) standard. Thus, it is required that pursuant to R.I. Gen. Laws § 20-2.1-9 (I)(vi) (to protect the public welfare) and the Administrative Procedures Act, R.I. Gen. Laws § 42-35-3 (b) and § 42-35-3 (b) (2)that an imminent peril exists to the public health, safety, and welfare which requires the adoption of the attached rules and regulations prior to an opportunity for public comment and notice of promulgation. Specifically, that without the adoption of the attached regulations, the public welfare would be jeopardized by the probable disastrous depletion of the menhaden population in Narragansett Bay and the impact that such an occurrence would generate.
