Months after legislation that would effectively restrict oyster farming at Sapowet Cove became law in the Ocean State, there is still no word yet from the Coastal Resources Management Council on whether the law applies to an aquaculture application, now four years old, filed for the site by Little Compton brothers Patrick and Sean Bowen.

In July, following the passage of legislation sponsored by Rep. Jay Edwards of Tiverton, objectors to the Bowens' proposal asked state regulators to end their review of the brothers' plan, and Monday's meeting was called to assess that request. It ended without resolution as the CRMC hearing officer assigned to the case needs to go over the evidence further before issuing his opinion.

Attorney Marisa Desautel, who represents neighbors Kenny and Elizabeth Mendez, said that given the recent change in law it is an “undisputed and uncontested fact" that the Bowens' application is in the commercial development exclusion zone as defined in the legislation.

But Patrick Bowen said it is not that simple and questioned the intent of the law, given that it did not specifically mention oyster farming.

“If Representative Edwards wanted to restrict or exclude oyster farming, then that language should have been explicit.”

Bowen also argued that the new law violates the Rhode Island Constitution by taking away a right enjoyed under the document by all Rhode Island residents — to fish the state's waters, and said that since he and his brother submitted their application four years ago, long before the Edwards law was passed, it should be allowed to be heard by the CRMC.

— With reports by Ted Hayes