§ 20-2.1-12 - Commercial fishing license review board.
SECTION 20-2.1-12
§ 20-2.1-12 Commercial fishing licensereview board. – (a) There is hereby established within the department the commercial fishinglicense review board of five (5) members to be appointed by the governor for aterm of five (5) years with the advice and consent of the senate, provided thatfor the initial appointments, two (2) shall be for a term of five (5) years,one shall be for a term of four (4) years, one shall be for a term of three (3)years, and one shall be for a term of two (2) years. Three (3) members shall becommercial fishers, one from each of the fisheries sectors; one of whom shallbe a person with professional knowledge of fisheries management, and one ofwhom shall be an attorney, licensed to practice law for at least five (5) yearsand with environmental law expertise; the attorney member shall be thechairperson. Three (3) members of the board shall constitute a quorum. Membersof the board shall serve until their successors are duly appointed. The purposeof the board shall be to hear requests for reconsideration of the preliminarydenial of a commercial fishing license.
(b) Any person whose application for a commercial fishinglicense was denied by the office of boat registration and licensing may file arequest for reconsideration to the commercial fishing license review boardunless the person is prohibited from said request pursuant to §20-2.1-4(g). Requests for reconsideration must be filed with the office of boatregistration and licensing within ten (10) days of receipt of the denial. Thereview board shall consider the impact that issuance of the license will haveon the fisheries management program overall, equity with other license holders,consistency with prior agency decisions, consistency with management plans,unreasonable hardship to the applicant and consistency with the purposes ofthis chapter. The burden shall be on the applicant to demonstrate to the boardthat they meet the criteria for a license.
(c) Within thirty (30) days of receipt of a request forreconsideration, the review board shall issue a written recommendation to theoffice of boat registration and licensing. The decision of the board shallstate the specific grounds for its decision and the vote of the board. Withinten (10) days of receipt of the decision of the board, the office of boatregistration and licensing shall issue a written decision affirming, denying ormodifying the recommendation of the board and stating the rationale for thedecision. The applicant may appeal the decision of the office of boatregistration and licensing to the administrative adjudication division forenvironmental matters pursuant to § 42-17.7-1 et seq. The written decisionof the review board and the office of boat registration and licensing shall beprovided and made part of the administrative record upon appeal.
(d) Nothing contained in this section shall affect theauthority granted in chapter 17.7 of title 42.