The state's population density is 826 people per square mile. The overall risk to ecosystems is high. Population density has increased 5 percent since 1982. The amount of developed land increased 16 percent between 1982 and 1992. Thirty-seven percent of the state's wetlands have been lost. The state has 16 federally listed threatened and endangered species.
Biological Diversity Policy
Rhode Island does not have a formal biodiversity policy. However, it has related policies. For example, the state legislature recognized that "a high order of diversity of life forms" is necessary, and established a nongame wildlife research and management program. (R.I. Gen. Laws 20-18.1-1) In addition, the legislature recognized that animal life is a precious, renewable natural resource. (R.I. Gen. Laws 20-1-1)
Status of Biodiversity Science
Rhode Island has a coordinated assessment system in place. The Rhode Island Natural History Survey is working to publish a statewide inventory of flora, fauna, and habitats. The project is also seeking to enhance communication among state environmentalists and life scientists. The state also utilizes its Natural Heritage data base and GAP. The state's GAP is conducted jointly with Connecticut and Massachusetts. The program was started in 1991. Vegetation mapping is almost complete, species/habitat associations are underway, and validation is planned.
Endangered Species
Rhode Island has an endangered species act that protects animals and plants. (R.I. Gen. Laws, 9520-37-1 to 5) Listings are based on scientific data. The law does not require recovery plans, critical habitat designation or agency consultation. Penalties for violation include fines ranging from $500 to $5,000 and imprisonment of not more than one year.
State Agency Management for Biodiversity
State-owned Lands
The state has few requirements to manage state lands in a way that promotes biological sustainability. However, by statute, it is unlawful to hunt or kill wild birds or animals on land leased or controlled by the Department of Environmental Management. (R.I. Gen. Laws 20-18-2)
Cooperative Efforts
Examples of cooperative efforts include partnerships between the Departments of Environmental Management and Coastal Resources Management to address conflicts and habitat issues. (RICR 04-010 et seq.) The state is also part of the Atlantic States Marine Fisheries Compact, which promotes the protection of the fisheries of the Atlantic seaboard. (R.I. Gen. Laws 20-8-1 to 12)
State Agency Training
Rhode Island does not have identified programs of agency personnel training for biodiversity.
Impact Assessment
Rhode Island does not require assessment of proposed agency impacts on biological resources. However, projects having a probable impact on freshwater wetlands must be assessed through a written evaluation. (RICR 12100 003-49) Alternatives must be examined and mitigation measures imposed. In addition, mitigation of damage to all coastal wetlands is also required by regulation. Impact assessment review is also done informally by the Division of Fish and Wildlife.
Habitat Acquisition
Rhode Island has several programs designed to acquire lands for their open space and wildlife values. The Natural Heritage Preservation Program saves open land of scenic, natural, ecological, educational or agricultural value. The fund, which receives monies from the federal government, gifts, bequests and bond revenues, provides zero interest loans to municipalities and conservation organizations. (R.I. Gen. Laws 2-18.1-3) Other acquisition programs have been established but do not have funding. Finally, a greenways council was recently established to coordinate creation and maintenance of the state's greenways.
Private Land Conservation
Rhode Island has several private land conservation programs. The Natural Areas Protection Act sets forth a procedure for the designation of private land as a natural area preserve. (R.I. Gen. Laws 42-122-1) In addition, conservation easements are authorized by statute. (R.I. Gen. Laws 34-39-1) Farm, forest and open space land receive a tax credit for property tax assessment purposes.
Exotic Species
Rhode Island has very few provisions designed to control exotic species. The state does regulate noxious weed seeds, however, through labelling requirements and import restrictions. (R.I. Gen. Laws 2-6-3, -4) A permit process exists to import and possess wild animals that may pose a threat to humans, livestock, and native wildlife. (RICR 12 020 030-3) Some nonnative species such as pheasant are released for hunting.
Predator or Animal Damage Control Activities
Rhode Island has an animal damage control program that operates in conjunction with the federal government. The federal agency deals with migratory bird problems, while the state focuses on mammal problems. In addition, the state has a gull control management program. (R.I. Gen. Laws 23-19.13-1) Landowners are permitted to kill deer damaging property (R.I. Gen. Laws 20- 15-3) or any furbearer that is harassing domestic animals or livestock if they can demonstrate financial loss. (R.I. Gen. Laws 20- 16-2)
Additional Legal Protections for Biodiversity
The constitution provides that conservation of plant, animal and other natural resources is a duty of the state. (R.I. Const. art. 1. 17)
Related Issues
Rhode Island participates in Project WILD, and published a wildlife viewing guide, though not part of the Watchable Wildlife series. In addition, the Department of Environmental Management does make available programs for environmental education. (R.I. Gen. Laws 42-17.1-2)
Rhode Island has a land use plan. The Comprehensive Planning and Land Use Regulation Act requires municipalities to design a plan for their long-term physical development. (R.I. Gen. Laws 45-22.2-1 to 4) The plan must include a natural resources element, identifying examples of the state's ecosystems to protect and maintain.
Rhode Island does not currently have a takings bill. However, several bills were introduced in the 1995 legislative session and are still in committee.
Contacts:
Department of Environmental Management
9 Hayes St.
Providence, RI 02908
401-277-2774
State Cooperative Extension Services
University of Rhode Island
Kingston, RI 02881
401-792-2474
Rhode Island ADC State Director
463 West Street
Amherst, MA 01002
413-2579-2403
New Mexico Center for Wildlife Law
University of New Mexico School of Law
1117 Stanford NE, Albuquerque, NM 87131
(505) 277-5006
lprovenc@unm.edu