Although proposed legislation intended to kill a plan to establish anoyster farm just southwest of the Seapowet Avenue bridge became law at the end of June, Little Compton brothers Patrick and Sean Bowen say their efforts to establish the farm are far from over.

“We don’t look at it as a dead end at all,” Patrick Bowen last week. “I think opponents were hoping for that, but in fact there are a whole lot of holes in this situation.”

Senate Bill 2415, introduced by District 12 Senator Louis DiPalma of Newport and District 10 Senator Walter Felag of Warren, and House Bill 7060, sponsored by District 70 Rep. John G. Edwards, authorizes 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.

The Bowens’ application to the Coastal Resources Management Council (CRMC) has been under review for more than four years. Last November, the agency voted to refer the project to a hearing officer but to date, the agency has taken no public stance on how the new legislation would impact the application.
Patrick Bowen said it’s up to the hearing officer to decide next steps.

“My understanding is he could convene a hearing to determine whether this new statute applies to our case. If he says ‘no, it doesn’t,’ I think the opposition would try to take it to Superior Court. If he says ‘Yes, it absolutely does apply,’ then the CRMC council and Director Jeff Willis would have to step in.”

Late last month, opponents of the oyster farm filed a motion with CRMC contending the new law justifies dismissal or denial of the Bowens’ application, since it “prohibits any commercial development or any modification of Sapowet Cove from its current undeveloped state.”

The Bowens responded by filing a document with CRMC that states the agency should deny their opponents’ motion for dismissal, since approval would “derail the long-established process for review and assent of an application for an oyster farm.”

The Bowen’ motion notes that they submitted their original application to CRMC in April 2020 — more than four years prior to General Assembly and governor's approval of the new law. In describing the legislation, the Bowens contend its language is ambiguous and it does not preclude or prohibit oyster farming.

The Bowens also argue that the new law violates provisions of the Rhode Island Constitution that state that “the people shall continue to enjoy and freely exercise all the rights of the fishery, and the privileges of the shore, to which they have been heretofore entitled…”

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

The Bowens dispute this claim, arguing the style of oyster gear used would not interfere with kayakers, recreational fishermen, and others who use the site.