Legislation that would almost certainly kill a plan to establish a .9-acre oyster farm just southwest of the Seapowet Avenue bridge is awaiting action by the governor, after the Rhode Island Senate approved its version of the bill last week.

But Patrick Bowen, one of two Little Compton brothers who has been trying for more than four years to establish the farm along the Sakonnet River, said that no matter what the governor does, he and brother Sean are not going to walk away from their plan, which has been awaiting action before the Coastal Resources Management Council (CRMC) since late 2019.

“We have made it clear that we under no circumstances intend to withdraw our application” to the CRMC, Bowen said Monday. “We intend to see it through to the end.”

Senate Bill 2415, introduced by District 12 Senator Louis DiPalma of Newport and District 10 Senator Walter Felag of Warren, passed the Senate and was transmitted to Governor Dan McKee on Friday, weeks after the House version of the bill, sponsored by District 70 Rep. John G. Edwards of Tiverton, was approved.

Gov. McKee has until late Thursday to take action on the legislation, and it would become law regardless of whether he choose to sign it or not. It would fail only if he expressly vetoes it.

“I never call it done until it’s done,” said Rep. Edwards when asked what he thinks of the legislation’s chances with the governor.

Edwards, an opponent of the Bowens’ plans, had twice previously submitted legislation that would have banned or restricted aquaculture along the Sakonnet River shoreline.

The new legislation now in the governor’s hands takes a different tack toward the same end goal, authorizing the state DEM to “allow and promote passive outdoor recreation in the Sapowet Marsh Management Area” while banning all commercial activities within the state-owned Sapowet Cove. Though terrestrial farms are contained within the management area, they would continue to be allowed, as the legislation authorizes the DEM to “enter into leases for the agricultural use of any portion of the land.”

The Bowens’ plan has been sharply criticized by Tiverton officials and residents along Seapowet Avenue, who say putting an oyster farm in the spot would interfere with recreational activities in the popular spot.

Bowen said that’s not true, and that the style of oyster gear used would not interfere with kayakers, recreational fishermen and others who use the site.

Status of Bowens’ plan

The Bowens’ application before the CRMC has dragged on for years with little action on the part of the state agency, as well-organized opponents filed hundreds of documents, letters of protest and other comments with the CRMC.

Last November, the CRMC voted 7-1 to refer the Bowens’ project to a hearing officer, attorney Mark Krieger of Lincoln, after finding that the Bowen application fit the definition of a “contested” case.

Though a state law on the books since 1990 calls for the governor to appoint two hearing officers to the CRMC to adjudicate contested cases, those seats had gone unfilled until last June, when Gov. McKee appointed Krieger to the post.

On Monday, Bowen said he doesn’t know what will happen next, as the legislation is “unprecedented.” However, he said its passage would be a blow to the CRMC’s authority. Unless Gov. McKee explicitly vetoes it, Bowen said, “he’s kind of eviscerating his hearing officer.”