R.I. Gen. Laws § 20-8.1-4: Factors considered in determining polluted areas.

In making a determination that an area is polluted, the director shall ensure consistency with the requirements of the National Shellfish Sanitation Program. When necessary, for consistency with National Shellfish Sanitation Program requirements, the director may declare an area to be polluted in the absence of monitoring data if the director has evidence that the area may become polluted. A review of the status of all the areas in the state shall be made by the director on at least an annual basis.