Pursuant to the authority vested in the RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT by Title 20 of the General Laws of the State of Rhode Island, I, JAN H. REITSMA, in my capacity as Director, of the Rhode Island Department of Environmental Management (the "DEM"), hereby adopt as emergency regulations, "REGULATIONS ESTABLISHING AN OIL SPILL EMERGENCY CLOSURE ZONE," which are attached hereto and designated as Attachment 1.

Pursuant to R.I. General Laws ¤¤ 42-35-3(b) and 42-35-4(b)(2), I find that an imminent peril exists to the public health and welfare which requires adoption of these emergency regulations without prior notice or hearing. Specifically, on Wednesday, July 5, 2000, a puncture in a barge spilled 14,000 gallons of number 6 fuel oil into Narragansett Bay. Any marine organisms exposed to this pollutant are or will become unfit for human consumption and injurious to the public health if so consumed. It is, therefore, necessary and appropriate to prohibit the possession of any marine organisms, of any sort, which was located in the oil spill emergency closure zone from July 5, 2000 until such time that the Director of the Department of Environmental Management provides notice that the oil spill zone is terminated. No commercial or recreational fishing is allowed in the closure zone. The zone of oil spill contamination may change over time in size, location, and configuration in response to prevailing weather and sea conditions, and the aforementioned OIL SPILL EMERGENCY CLOSURE ZONE may, therefore, be modified as necessary and appropriate. As of this date, however, and until further notice, the OIL SPILL EMERGENCY CLOSURE ZONE includes the area described as follows: The closure zone is enclosed by the following lines, beginning at the western tip of the midway pier on the western shore of Portsmouth, Rhode Island, south to a Department of Environmental Management marker which is 250 yards west of McAllister Pt., and south to a Department of Environmental Management marker at the bend in the Coddington Cove breakwater, and east along the breakwater to the Portsmouth shore. All waters within this boundary, up to the high-water mark are closed to the taking of all marine organisms. All other shellfish closures shall be observed as referenced in the May 2000 - May 2001 shellfish closure map.

Further, it is my opinion that the peril sought to be redressed by these regulations dictates that they become effective in less than the twenty (20) days that is normally required by R.I. Gen. Laws ¤¤ 42-35-1 et seq.

WHEREFORE, this regulation becomes effective on filing.

JAN H. REITSMA, DIRECTOR
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

1.0 Prohibition on the taking, marketing, or possession of any marine organisms in the emergency oil spill zone - It shall be unlawful to possess any marine organisms and haul any fishing gear, which were located within the emergency oil spill zone from July 5, 2000 up to and including the date that the Director of the Department of Environmental Management (DEM) provides notice that the zone is terminated. Any vessel transiting the area must close its circulating seawater system if it possesses any marine species.

The designated zone may be modified from time to time and upon notice to the public.

This regulation becomes effective upon filing with the Secretary of State.

JAN H. REITSMA
DIRECTOR, DEPARTMENT OF ENVIRONMENTAL MANAGEMENT