250-RICR-50-00-1
250-RICR-50-00-1. Port Operations Regulations and Berthing Management System (version Amendment, 05/28/2020 to 01/01/2021)
1.1 Purpose
The purpose of these rules
and regulations is to establish a system for the provision of proper
care of any State run facilities by the Department of Environmental
Management.
1.2 Authority
These rules and regulations
are promulgated pursuant to R.I. Gen. Laws §§ 42-17.1-1 et .
seq ., 46-5-1 et . seq ., and 46-22-1 et .
seq ., R.I. Gen. Laws §§ 32-2-4 and 42-17.10-1, and
in accordance with R.I. Gen. Laws § 42-35-1 et . seq .,
the Administrative Procedures Act.
1.3 Administrative Findings
These rules and regulations
are required in order to ensure proper management of the Port
facilities under the control of the Department of Environmental
Management.
1.4 Application
The terms and provisions of
these rules and regulations shall be liberally construed to permit
the Department to effectuate the purposes of state law, goals and
policies.
1.5 Severability
If any provision of these
rules and regulations, or application thereof to any person or
circumstances, is held invalid by a court of competent jurisdiction,
the validity of the remainder of the rules and regulations shall not
be affected thereby.
1.6 Superseded Rules and
Regulations
On the effective date of
these rules and regulations, any previous regulations and policies
regarding administration of the Port of Galilee within the authority
of the Department shall be superseded. However, any enforcement
action taken by, or application submitted to, the Department prior to
the effective date of these Rules and Regulations shall be governed
by the Rules and Regulations in effect at the time the enforcement
action was taken, or application filed.
1.7 Definition of Terms
A. “Actively engaged in
fishing” means any license holder who has actively fished that
license/endorsement. In order to actively fish that license/
endorsement, the person must demonstrate by dated transaction
records, as verified by dealer reports to the Department that he or
she has fished at least seventy-five (75) days in the preceding two
calendar years, with some of the fishing activity occurring in each
of the two years. Evidence as to days fished may be supplemented by
one or more Vessel Trip reports, which specifically reference the
license holder’s name and license number, and correspond to
dated transaction records, where in the determination of the
Department such dates are verified by dealer reports to the
Department; where such reports verifiably reflect two or more
calendar days at sea during a single trip, those days may be used to
establish fishing activity. For the purpose of this definition the
term “day” shall mean any 24-hour period or part thereof.
A license holder with a dockside sales endorsement who sells all of
his or her lobster and/or crab landings dockside may utilize
documentation other than dated transaction records to establish
fishing activity, pursuant to the standards and criteria set forth in
§ 20.6. of this Title.
B. “Abandoned vehicle”
means a vehicle left on state-managed property without authorization
beyond XX days.
C. “Backdown slip”
means any water-based docking position for a vessel by which the
vessel typically backs into the spot stern-side with the bow of the
vessel facing seaward.
D. "Berth" or
"berthing" means an assigned location on a pier for a
vessel to tie to or to raft alongside another vessel when direct
access to the assigned location on the pier is not available;
primarily for the purposes of loading and unloading.
E. “Berth contract”
means the written berth agreement between the Division of Coastal
Resources and a vessel’s owner or operator.
F. “Charter boat”
means a vessel less than 100 gross tons that meets the requirements
of the U.S. Coast Guard to carry six or fewer passengers-for-hire for
the purposes of engaging in recreational fishing and other types of
for hire activities.
G. “Commercial fishing
vessel” means a vessel that commercially engages in the
catching, or harvesting of fish or marine species or engages in an
activity that can reasonably be expected to result in the catching,
or harvesting of fish or marine species.
H. "Department" or
“DEM” means the Department of Environmental Management.
I. "Director" means
the Director of the Department of Environmental Management.
J. “Division of Coastal
Resources” or “Division” means Division of Coastal
Resources of the Department of Environmental Management.
K. “Facility”,
“Pier,” or “Port” means the State owned
piers.
L. “Family member"
means the spouse, mother, father, brother, sister, child or
grandchild of the person holding a valid berth contract with the
Division. For purposes of these regulations in compliance with
Executive Order 12-02, “Recognition of Out of State, Same-Sex
Marriages” that was issued by Governor Chafee on May 14, 2012,
“spouse’ shall be defined to include either party who has
entered into a marriage that is legally recognized in the state or
territory in which the marriage was solemnized".
M. "Person" means an
individual, firm, corporation, society, association, partnership or
private or public body.
N. “Vessel” means
the same as “Boat.”
O. “Headboat” or
“Party boat” means a vessel that holds a valid
Certificate of Inspection issued by the U.S. Coast Guard to carry
greater than six passengers-for-hire for the purposes of engaging in
recreational fishing.
P. “Off-season temporary
berth” means berths that become available for temporary berth
assignment purposes as a result permanent berth holder vessels being
hauled out of the water for winter.
Q. “Owner” means
the owner of the vessel, or in the absence of the owner, such other
person or business who is in charge of the vessel on the date of the
signed berth contract.
R. "Port of Galilee"
means the improved and unimproved area of the Town of Narragansett,
which is located in the west passage of Narragansett Bay.
S. “Service by a
leaseholder” means exclusive use of docks by a leaseholder for
loading and unloading of vessels which utilize a leaseholder’s
shore-side business.
T. “State” means
the State of Rhode Island.
U. “Transient vessel”
means any vessel without a berth contract.
V. “Transient vessel
temporary berth contract” means any temporary berth contract
entered into with the Division by a vessel owner or operator that is
not deemed to be a Temporary Off-Season Berth Contract or a One Year
Probationary Period Temporary Berth Contract.
W. “Temporary berth
contract” means any contract held by a vessel owner without a
permanent berth contract.
1.8 Use of Piers
A. No vessel shall berth at
State owned facilities or at facilities owned by the State and leased
to private entities without a signed, current berth contract, or
without prior written approval by the Division.
B. The initial application for
a berth contract shall be submitted by the vessel owner, operator, or
designated agent to the Division on application forms available from
Division. Applications should be submitted as early as possible since
dockage space will be assigned according to the waiting list
procedures contained within these regulations. At the time the berth
application is submitted, the applicant, and vessel, must hold any
necessary licenses, permits, declarations, and insurance required for
the specific category of vessel for which the applicant is requesting
a berthing assignment.
C. An application waiting list
will be maintained by the Division of Coastal Resources for each of
the categories of vessels authorized to berth in State owned
facilities with the exception of sport fishing vessels. Those
applicants who meet the initial application criteria required to
enter into a berth contract for that category will be permitted to
execute a berth contract in the chronological order by which the
applicant appears on the waiting list until all open berth positions
are filled. If a qualified applicant does not meet the criteria of
the open berth according to the information contained within their
berth application, then that person will not be contacted, will
remain at the top of the waiting list and will be given priority once
an appropriate berth is open. An applicant is responsible for
contacting the Division with any updates and changes to information
contained within their berth application to ensure his/her
qualification and compliance therein. If the applicant refuses a
berth contract when the applicant’s name comes up, the
applicant will be removed from the waiting list unless the applicant
requests that his/her name be placed back on the waiting list. If
such a request is received, the applicant will be placed back on the
end of the waiting list per the date of refusal. A vessel owner whose
application has been approved and who has been so notified, shall pay
the required dockage fee and any arrearages owed by the applicant or
vessel to be berthed prior to the signing of a berth contract. If
such payment is not received within ten (10) days after an
applicant’s receipt of notice of approval of an application,
the State may deem the approval withdrawn, and consider other
applications.
D. The Division shall have the
right to assign berths to vessels at its sole discretion. Among the
factors that the Division should consider in determining such
assignments are the following: pier and dock configuration, size of
vessel, hull type, berthing space available, and any other factor
which will produce the most efficient utilization of berthing space
including seniority and fishing activity of the vessel(s).
E. The waiting list shall be
reviewed every five (5) years. Applicants on the waiting list will be
contacted requesting if they wish to continue to remain on the
waiting list. Failure to respond to such a request will result in the
removal of the applicant’s name from the waiting list. An
applicant whose name has been removed will be required to reapply in
order to be placed back on the waiting list. When an applicant
reapplies to be placed on the waiting list, that applicant’s
name will be added to the bottom of the waiting list.
F. A preference will be given
in assigning vacant berths to vessels whose owners are Rhode Island
residents.
G. Before entering into a
signed berth contract for a permanent berthing position there is a
one year probationary period. During this one year probationary
period, the new berth holder will be required to sign a temporary
berth contract. During this one year probationary period, the
temporary berth contract holder must demonstrate compliance with the
terms of the temporary berth contract as well as these regulations
subject to the discretion of the Division of Coastal Resources.
Failure to comply with the terms of either the berth contract or
these regulations will result in the revocation of the temporary
berth contract and receipt of written notice to the vessel’s
owner that the vessel must be removed from the port within one (1)
week of receiving written notice. If the vessel’s owner fails
to comply with the removal of the vessel, then the vessel will be
removed by DEM or their agents at the vessel owner’s expense.
If after the one (1) year probationary period the temporary berth
contract holder has demonstrated compliance in sole discretion of the
Department with the terms of their temporary berth contract and these
permanent governing regulations then the vessel’s owner may
enter into a permanent berth contract.
H. Berth contracts shall be
signed and deemed valid for no more than one (1) year from the date
of execution. All berth contracts expire on June 30th of the
preceding year of first assignment. All fees previously due shall be
paid in full in advance of the issuance of a berth contract. A vessel
owner who signs a berth contract and who is not in arrears on any
payments or other financial obligations to the Department shall have
the option to renew his/her berth contract for the following year.
Dockage fees in arrears for fifteen (15) days or more after the due
date shall be considered cause for revocation of berth contracts.
Revocation of a berth contract will follow receipt of written notice
by the vessel’s owner that the vessel must be removed from the
port within one (1) week of receiving written notice. If the vessel’s
owner fails to comply with the removal of the vessel, then the vessel
will be removed by DEM or their agents at the vessel owner’s
expense. The Division may postpone enforcing this regulation, at its
discretion, if there are circumstances deemed to warrant an
enforcement delay. Postponement of enforcement by the Division does
not waive future enforceability. Bertholders who breach their berth
contract and are provided notice to leave the port and cannot be
reinstated in the port or be placed on a waiting list for entry into
the port until all past due amounts are paid in full. Furthermore, if
a former berthholder is allowed to reapply for a berth in the port,
said applicant’s name shall be placed at the bottom of the
waiting list and the applicant’s position on the waiting list
will be based on the date the application was received.
I. If a berth contract holder
is in arrears with their dockage fees or other financial obligations
to the Department, the berth contract holder may enter into a signed,
written payment agreement with the Division to bring the outstanding
debt current. Failure to comply with this payment agreement will void
the payment agreement, the berth contract will be revoked and the
berth holder will be required to leave the Port. All fees due shall
be paid in full in advance of the renewal of the berth contract. If a
berth contract holder is in arrears with their dockage fees and has
entered into an approved and signed payment agreement with the
Division, then a berth contract may be renewed subject to the
approval of the Division.
J. When a vessel is sold, the
berth contract does not transfer with the sale of the vessel. The
berth contract is valid for the remainder of the contract term and
may be renewed by the original vessel owner provided that the new
vessel is purchased within one (1) year of the sale of the previously
owned vessel and all fees remain paid in full. The sale of the
ownership of 50% or more in the ownership of a vessel shall be deemed
to be the sale of the vessel with the same prohibition on the
transfer of berthing rights as described above. If the vessel is
incorporated, the original owner of the vessel or corporation must
own 51% or more of the corporation for the vessel to still be subject
to the terms of the original berth contract. If the vessel is
incorporated, and the original owner of the vessel or corporation
owns less than 51% of the corporation then the original berth
contract is void and the vessel must be removed from the Port.
K. A vessel owner has the
obligation to notify the Division when he or she is putting his or
her vessel up for sale. Once a vessel is sold, the berth contract
holder has one (1) year to acquire a new vessel and berth that vessel
at State owned facilities or else waive berth contract renewal
rights. During this time the berth contract holder will continue to
be responsible for payment to the Department for dockage fees billed
at the original rate based on the size of the sold vessel and
berthing position. Once a berth contract holder acquires a new vessel
the berth contract holder will be allowed to return to the port only
if, (1) the berth contract holder is current on the applicable
berthing fees and (2) the berth contract holder is returning to the
port with a vessel that the Division deems appropriate for the
original berthing position assigned. If the berth contract holder
acquires a new vessel which is deemed not size appropriate for the
original berth position by the Division, then a new berthing will be
assigned appropriate for the size of the new vessel. If no
appropriate berthing position is available for the size of the new
vessel, then a new berth assignment will not be designated and the
berth contract holder will be placed at the top of the waiting list
and given priority once an appropriate berth is open. If a berthing
position is not available for the new vessel, billing will cease
until a new berth is assigned for the new vessel. Until an
appropriate berth slip is available and assigned to the berth
contract holder, the berth contract holder shall not be allowed to
enter at the Port with the new vessel. If a new berth position is
assigned to the new vessel, the dockage fees required pursuant to the
berth contract will be amended to reflect the change in berth
assignment for the new vessel.
L. In the event the berth
contract holder wishes to substitute a vessel, the berth contract
holder shall give the Division full particulars and request prior
approval to substitute the new vessel. No vessels may be substituted
within the Port without prior written approval from the Division.
M. Berth contracts will be
maintained unless a vessel’s owner fills out a cancellation of
berth contract form. Billing will cease on the day the cancellation
form is signed and returned to the Division of Coastal Resources main
office located within the Port of Galilee. There is no penalty for
early cancellation of a berth contract so long as the vessel is
removed from the Port within one (1) week of receipt of notice of
cancellation. If after one (1) week the vessel has not been removed
from port, the vessel will be given transient status and billed
according to the transient vessel berth holder provisions contained
within these regulations.
N. Vessel owners shall
promptly notify the State of any change in home or business address,
change in boat name, vessel’s length or any information
contained in a previously filed application form or berth contract.
O. Should the holder of a
berth contract die, a berth contract may transfer to a duly qualified
family member of the berth contract holder. Family Members of the
contract holder must meet the eligibility requirements and standards
of dockage and regulation requirements in order to retain a berth
contract. If a family member meets the eligibility requirements and
standards of dockage and regulation requirements deemed to enter into
a berth contract, the original berth contract will be void and a new
berth contract between the Division and the family member with a one
(1) year probationary period will apply.
P. If the Division is required
to provide written notice to a vessel owner pursuant to these
regulations or an executed berth contract, said notice shall be
deemed to be complete upon mailing by pre-paid first class postage to
the last home or business address provided to the Division by the
vessel owner and delivery of such notice shall be deemed to have been
received by the boat owner five (5) days from the posting of notice
in any office of United States Post Office located within the State
of Rhode Island.
Q. A permanent berth contract
holder shall notify the Division in advance if his/her berth will not
be used for a period of two weeks or longer. If the Division is
provided such advance notice, the berth contract holder has up to one
(1) year of leaving Port to return to Port in order to be reassigned
his/her berthing assignment. During the period away from Port, the
berth contract holder will continue to be billed despite absence of
the vessel. The Division may not reassign a vessel to the berth to
which it was previously assigned unless, prior to vessel’s
return to port, all of the berth contract holder’s dockage fees
are current.
R. No refund will be made for
any unused dockage.
S. The Division shall have the
right to terminate a contract and require removal of the berth
contract holder’s vessel for any violation of these
regulations, including, but not limited to, non-payment of fees when
due, and violations of these regulations.
T. The fee for a berth is
dependent upon the length of the vessel. For this purpose, the length
shall be determined by the overall length of the vessel on the Coast
Guard documentation or Rhode Island vessel registration rounded to
the nearest foot. In addition, any changes made to the length of the
vessel not reflected in the Coast Guard documentation or the Rhode
Island vessel registration, such as but not limited to the addition
of a transom extension or pulpit, shall be taken into account to
determine the vessel’s overall length to the nearest foot and
shall be reflected in the fees for berthing. The Division reserves
the right to re-measure and adjust all billings if the length overall
(LOA) of the vessel is different than what is stated within the berth
contract.
U. A berth assignment list
shall be maintained by the Division. Berths may be reallocated at the
sole discretion of the Division from time to time in order to make
more efficient use of the piers, Among the factors that the Division
should consider in determining such assignments are the following:
pier and dock configuration, size of vessel, hull type, berthing
space available, and any other factor which will produce the most
efficient utilization of berthing space including seniority and
fishing activity of the vessel(s).
V. The berth contract schedule
is:
1. Berth contracts shall cost
$40.00 per foot of vessel length per annum.
2. Port of Galilee
a. The minimum rate for the
medium duty commercial fishing docks is based on 40-foot vessels. All
vessels at the medium duty backdown commercial fishing docks shall be
charged for the minimum plus all footage over forty (40) feet.
b. The minimum rate for the
light duty backdown docks is based on 35-foot vessels. All vessels at
the light duty backdown docks shall be charged for the 35-foot
minimum plus all footage over thirty-five (35) feet.
c. The minimum rate for all
vessels within the Port not berthed in a medium or light duty dock is
based on 25-foot boats. All vessels less than twenty-five (25) feet
in length shall be charged at the 25-foot minimum.
3. Port of Newport, State Pier
#9 - The minimum rate for all vessels within the Port not berthed in
a medium or light duty dock is based on 20-foot boats. All vessels
less than twenty (20) feet in length shall be charged at the 20-foot
minimum.
4. Transient vessels are all
vessels without a permanent or temporary berth contract. All
transient vessels must apply directly to the Division at its office
at the Port of Galilee for a transient vessel temporary berth
contract. A transient vessel owner, master, or designee must sign a
transient vessel temporary berth contract in order for the transient
vessel to remain in Port and be assigned a temporary berth. The daily
minimum rate for transient vessels is $50.00 per day. All vessels
longer than 50-feet shall be charged $50.00 per day plus $1.00 per
foot per day for all footage over fifty (50) feet. The owner of a
transient vessel who has been issued a transient vessel temporary
berth contract shall be assessed a fee of $50.00 dollars plus $1.00
per foot for all footage over fifty (50) feet per day.
a. A transient vessel
temporary berth contract holder shall make the berth available to the
permanent berth contract holder to whom the berth is assigned upon
receiving notice. Transient vessel temporary berth contract holders
may be required, by the Division, to move or vacate the berth or Port
upon twenty-four (24) hours' notice. Upon receipt of notice to move
or vacate the berth by the Division the transient vessel temporary
berth contract holder must comply with the instructions contained
within the notice within twenty-four (24) hours.
b. If a vessel owner fails to
comply with the written notice to remove the vessel, then the vessel
shall be removed at the owner’s expense by the Division.
5. During the off-season (as
berths become vacant as a result of boats being hauled out for the
winter), the Division may temporarily assign these berths in
accordance with the following fee schedule:
a. Off-season temporary berth
contracts shall cost $40.00 per foot of vessel length per annum.
b. There is no waiting list
for temporary off-season berths. Temporary off-season berths shall be
assigned on a first come first serve basis, including assignments to
noncommercial vessels, in accordance with the availability of space.
These assignments shall not contribute toward the port seniority nor
change one’s relative position on any full time berth waiting
list.
c. Berth assignments are made
at the Division’s sole discretion. Off-season temporary berth
assignments may be reallocated at the sole discretion of the
Division, including, but not limited to, the maximum utilization of
State infrastructure for the continued flow of commerce. Upon receipt
of notice to move or vacate the berth by the Division the off-season
temporary berth contract holder must comply with the instructions
contained within the notice within twenty-four (24) hours.
d. An off-season temporary
berth contract holder shall make the berth available to the permanent
berth contract holder to whom the berth is assigned upon receiving
notice. Off-season temporary berth contract holders may be required,
by the Division, to move or vacate the berth or port upon twenty-four
(24) hours' notice. Upon receipt of notice to move or vacate the
berth by the Division the off-season temporary berth contract holder
must comply with the instructions contained within the notice within
twenty-four (24) hours.
e. If a vessel owner fails to
comply with the written notice to remove the vessel, then the vessel
shall be removed at the owner’s expense by the Division.
W. A berth contract for
berthing space does not bestow the berth contract holder with the
right to occupy land on the waterfront in any manner except as
explicitly provided in these regulations.
X. Berthing Contract Criteria
by Vessel Class
1. There are no Charter Boats,
Headboats, or Sports Fishing vessels allowed to berth at State Pier
#9, Port of Newport.
2. Charter Boats
a. Berth contracts will be
entered into only for those vessels which are, and will be, actively
engaged as charter boats during the year for which the berth contract
is signed.
b. Applicants for a berth
contract must hold all required Federal licenses to carry passengers
for hire.
c. Applicants for a berth
contract must hold all State required licenses for charter vessels.
d. Copies of all applicant’s
Federal and State licenses required for charter vessels must be
include in an applicant’s initial application and any
subsequent renewal applications for a berth contract.
e. Applicants for a berth
contract must demonstrate that they will be engaged in carrying
passengers for hire by certifying:
(1) That the vessel is
documented in Coastwise Trade if it is over five (5) tons (to carry
passengers for hire);
(2) That the vessel was used
for carrying passengers for hire by certifying through official
transaction records on at least twenty (20) days of the previous
year.
f. Upon application for the
renewal of a permanent berth contract, applicants who do not meet the
above minimum requirements may be given probationary status at the
sole discretion of the Division. Postponement of enforcement by the
Division does not waive future enforceability.
3. Headboats (Party Boats)
a. Berth contracts will be
issued only for those vessels which are and will be actively engaged
in carrying passengers for hire on a daily scheduled basis during the
year for which the contract is issued.
b. Applicants for a berth
contract must be holders of a valid license from the Coast Guard for
carrying more than six (6) passengers for hire with appropriate
tonnage in addition to all required Federal licenses for the
operation of that type of vessel. Copies of a valid license from the
Coast Guard and required Federal licenses must be included in an
applicant’s initial application and any subsequent renewal
applications for a berth contract.
c. Vessels must hold a current
Certification of Inspection by the U.S. Coast Guard and should be
included in applicant’s initial application and any subsequent
renewal applications for a berth contract.
d. Applicants for berthing
contracts must meet all State requirements for Party and Charter
Vessels.
e. Applicants for berth
contracts must demonstrate that they will be engaged in carrying
passengers-for-hire by certifying:
1. That the vessel is
documented in Coastwise Trade (to carry passengers for hire);
2. That the vessel was used
for carrying passengers for hire on at least twenty (20) days of the
previous year.
f. Upon application for the
renewal of a permanent berth contract, applicants who do not meet the
above minimum requirements may be given probationary status at the
sole discretion of the Division. Postponement of enforcement by the
Division does not waive future enforceability.
4. Commercial Fishing Boats
a. Berth contracts will be
issued to only those vessels which are and will be actively engaged
as commercial fishing vessels during the year for which the contract
is signed.
b. Initial applicants and
renewals for berth contracts must demonstrate that they are engaged
in commercial fishing by certifying through valid dated transaction
records that the vessel was engaged in commercial fishing on at least
seventy-five (75) days over the past two calendar years with at least
some activity in each of the two (2) years.
c. Initial applicants and
renewals for berth contracts must list vessel operators that hold the
appropriate fishing licenses, be holders of an appropriate current
Rhode Island commercial fishing license authorizing the commercial
harvest of fish or marine species, or current Rhode Island landing
license.
d. Upon application for the
renewal of a permanent berth contract, applicants who do not meet the
above minimum requirements may be given probationary status at the
sole discretion of the Division. Postponement of enforcement by the
Division does not waive future enforceability.
5. Sport Fishing Boats
a. No new Sport Fishing berths
will be available in the Port of Galilee. Only the vessel owners
which currently hold a Sport Fishing berth contract are allowed to
berth within the Port of Galilee.
b. A Sport Fishing Vessel
(SVF) berth contract is only valid for those specific vessel owners
which are currently authorized to maintain berthing rights as SFV
into the Port of Galilee.
c. Should the holder of a
Sport Fishing berth contract die, the berth contract will not become
the right and obligation of his/her estate and the estate has six (6)
months to remove the Sport Fishing vessel from the Port of Galilee.
Y. All vessels in Port must
have all of their U.S Coast Guard Documentation or Rhode Island
Certificate of Numbers (Boat Registration) and Commercial Vessel
Declaration current and valid at all times while in Port.
Z. Dumping of garbage, oil,
refuse, fish offal, or other substances in public tidewaters of the
State is prohibited by State and Federal Laws and shall be considered
cause for immediate revocation of a berth contract. Waste oil from
fishing vessels shall be properly disposed of in the designated waste
oil collection tanks. Used filters shall only be properly disposed of
in the provided collection barrels. The collection areas shall be
kept clean, free of debris, and oil spills shall be immediately
reported to the Division.
AA. No trash shall be stored
on the docks and piers. A dumpster maintained by the Division,
located at the Division’s office in the Port of Galilee, is
reserved exclusively for the disposal of waste generated by vessels
whose owners hold current berth contracts. The use of the dumpster
for disposal of any waste other than that waste generated by
commercial fishing vessels whose owners hold berth contracts
constitutes a violation. In addition, any illegal disposal by a berth
contract holder constitutes a violation of these regulations and, as
such, shall result in the termination of the berth contract of the
violator by the Division.
BB. The use of, or the
tampering with, Port electricity or infrastructure by any individual,
including fishing vessel owners or operators, without prior Division
consent, is strictly prohibited. Any illegal use of Port electricity
or infrastructure by a berth contract holder and/or his/her agents
shall result in the immediate termination of the berth contract of
the violator by the Division.
CC. No chest freezers shall be
allowed to remain on a pier or on land adjacent without written
authorization by the Division.
DD. Storage of Gear
1. Port of Galilee - No gear,
barrels, nets, equipment, or other material shall be allowed to
remain on a pier in a manner which obstructs safe passage or use.
Passage over the piers shall remain unobstructed at all times. No
gear, barrels, equipment or other materials shall be allowed to
obstruct passage to the piers or on land adjacent and providing
access to the pier.
2. Port of Newport, State Pier
#9
a. Commercial fishing gear may
be stored on the pier in the designated storage areas subject to the
following restrictions:
1. No vessels or vehicles may
be stored in designated storage areas.
2. Storage areas must be kept
clean and free of trash or debris at all times.
3. Storage areas are subject
to inspection by the Division at any time.
4. No storage of material
other than commercial fishing gear is permitted in gear storage
areas.
5. Any misuse of gear storage
areas will result in revocation of permitted use and all materials
must be removed by the owner within 24 hours.
b. Passage over the piers
shall remain unobstructed at all times. No gear, barrels, equipment
or other materials shall be allowed to obstruct passage to the piers.
The center four feet (4’) of the “L” Pier must be
kept clean at all times.
c. Unless previously
authorized by the Division, any storage outside of a vessel must be
kept freely accessible for Division inspection.
EE. Storage of Bait at either
facility is only permitted in compliance with the following
restrictions:
1. Storage of unrefrigerated
bait must be in sound barrels, i.e. plastic barrels without leaks and
with tight fitting lids;
2. All unrefrigerated bait
must be salted down, covered or preserved.
3. Maggot infested bait will
be removed from the pier by the Division and disposed of immediately;
4. Division staff has the
right to inspect barrels stored on the State Piers and order the
immediate removal of bait which they deem to be in noncompliance with
these regulations or otherwise offensive. Such an obligation is
recognized as a condition of tenancy.
5. Bait barrels shall not be
handled in such a manner as to result in spilling of bait or juices
on any asphalt surface on state piers or surrounding state property.
6. Preparing or stringing of
bait is permitted on the cement bulkhead cap on State Pier #9 in the
Port of Newport. The bulkhead used for bait stringing or preparation
shall be washed down immediately upon completion of the baiting.
FF. A section of the
South-Facing Bulkhead located between the skiff dock and first
backdown slip at State Pier #9, Port of Newport will be designated
for short-term vessel use.
1. Short-term storage of gear
in this area is restricted to twenty-four (24) hours. Authorized uses
are loading and unloading pots and fishing gear, running out cables,
minor welding, carpentry, outfitting, and engine repair, electrical
equipment repair, net repairs (for no longer than four (4) hours),
loading/unloading bait barrels: and fueling of vessels provided said
fueling operations do not occur adjacent to welding or other
potential fire hazards.
2. The operator of any vessel
using the above described bulkhead service area shall ensure that the
area employed is clean and in good repair prior to vacating the area.
3. Any vessel which does not
possess a valid berth contract is prohibited from using the above
described bulkhead service area without the prior written approval of
the Division and payment of the transient rate for the use of the
Pier.
GG. The Bulkhead located west
of the western side of the Great Island Bridge:
1. The Bulkhead shall be used
primarily as a loading/unloading zone for the commercial fishing
vessels.
2. Power washing of Lobster
Pots is allowed only in the designated area near the Great Island
Bridge. Pots must be removed immediately upon completion of the
cleaning so others may use the area. The area must be cleaned upon
the completion of the work.
3. There is no storage of
pots/ gear of any kind along the bulkhead. All pots/ gear must be
removed within one (1) week. If any pots/gear are left for a period
of longer than one week, they shall be deemed abandoned and promptly
removed and disposed of by the Division.
4. There shall be no storage
of pots/ gear in immediate loading areas along the bulkhead at any
time for any reason.
5. There shall be no overnight
tie-ups along the bulkhead without written permission from DEM staff
with a permission pass posted in the wheelhouse window in plain
sight.
6. The bulkhead may be used
during storm conditions by Port of Galilee tenants sheltering their
vessels from the wind without written permission. However, the
captain must remain on board.
HH. The State shall have a
lien upon a vessel for any monies due for fees which are in default,
which lien may be enforced by sale of vessel in accordance with the
procedure set forth in Chapter 34-35 of the R.I. Gen. Laws. The owner
of the vessel, or his/her agent, shall be subject to penalties set
forth in Chapter 46-22 of the R.I. Gen. Laws, and any amendments
thereto. For purposes of R.I. Gen. Laws § 46-22-9(e), a failure
to pay all fees when due shall effect an automatic withdrawal of any
consent by the State of Rhode Island. In addition, the vessel, as an
in rem obligation, and the owner of the vessel, as a personal
obligation, shall be deemed jointly and severally liable for any
financial obligations incurred by the vessel and owing to the
Department, including, but not limited to, any berthing arrearage as
well as any expense incurred in order to seize and remove the vessel
from Port or sell the vessel at public auction.
II. Piers are occupied at the
sole risk of the users thereof.
JJ. A berth contract for
berthing space does not bestow the berth contract holder with the
right to occupy land on the waterfront in any manner except as
explicitly provided in these regulations.
KK. Any use of activity which
is not reasonably associated with or necessary to the berthing of
commercial fishing vessels as these several terms are defined herein
is expressly prohibited.
LL. There shall be no
modifications or alternations to the pier without prior approval of
the Division.
MM. A vessel’s owner
shall be responsible for any damage to port docks or facilities
caused by his/her vessel or crew. Any damages to port docks or
facilities may, at the discretion of the Division, be repaired by DEM
at the vessel owner’s expense. Such an expense shall constitute
a debt that a vessel’s owner must satisfy prior to being
authorized to enter into a berth contract with the Department.
NN. Abandoned or illegally
berthed vessels will be considered trespassing, and removed from the
Pier at the owner’s expense.
OO. Failure of the Division to
enforce a violation or breach of any of the above regulations shall
not affect the Division’s right to pursue future enforcement
actions for any subsequent violations.
1.9 Newport and Galilee Fishing
Advisory Groups
A. Newport and Galilee Fishing
Advisory Groups shall be established by the Director in order to
advise and/or assist the Department relative to the preparation of a
master plan and rules and regulations for the development and
operation of State Pier #9, Port of Newport and the Port of Galilee.
The Director or his/her designee shall call meetings of the advisory
group only upon reasonable notice.
B. Uses and/or activities
which are or may be reasonably associated with and/or necessary to
the berthing of commercial fishing vessels at the Port of Newport,
State Pier #9 and State owned piers is in Galilee which are not
otherwise addressed herein may be permitted by the Director after
opportunity for review by the Newport Fishing Advisory Group or
Galilee Fishing Advisory Group. In permitting such uses and/or
activities, the Director shall consider the following:
1. Compatibility with other
permitted uses and activities;
2. The demand for the use or
activity by tenant fishing vessels;
3. If a commercial service,
the availability of said service elsewhere in the city of Newport or
Narragansett and the impact of permitting it on other service
vendors; and,
4. The impact of permitting
arrangement on the price, availability and convenience of the service
to tenant fishing vessels.
1.10 Newport Lobster Shack
Cooperative; Direct Sales of Seafood
A. The "Newport Lobster
Shack" shall be operated and managed by the fishers directly by
an association of berth holders known as the “Fishers in
Newport.”
B. Participation in the
lobster cooperative for sale of lobsters/crabs directly by fishers to
the public is available to any berth holder possessing a valid
endorsement issued pursuant to 250-RICR-90-00-2, RIDEM Marine Fishery
Regulations/Commercial and Recreational Saltwater Fishing License
Regulations.
C. In addition to direct sales
of lobsters/crabs to the public via the lobster cooperative, any
berth holder possessing a valid dockside sale endorsement may conduct
direct sales of lobsters/crabs to the public; provided that such
sales must be conducted on paved areas at locations west of the L
Pier, or as designated by the State Port Manager. Customers are
prohibited from accessing vessels or docks.
D. Any berth holder possessing
a valid Direct Sale Dealer License, issued pursuant to
250-RICR-90-00-15, may also conduct direct sales of lobsters/crabs,
as well as finfish, pursuant to the terms and conditions of the
license. All such sales at Pier 9 shall be conducted on paved areas
at locations west of the L Pier, or as designated by the State Port
Manager. Customers are prohibited from accessing vessels or docks.
Licensees may also transport for sale lobsters/crabs from Pier 9.
E. For all dockside/direct
sales of lobsters/crabs/finfish at Pier 9, no disruption of traffic
flow will be permitted. Any signage pertaining to dockside/direct
sales must be approved by the Department.
1.11 Land Use Rules and
Regulations
A. The Division in its sole
discretion may designate any area of the Port as a “fire lane,”
including but not limited to the strip of land along the bulkhead.
Such areas that are designated as a "fire lane,” shall be
properly signed and are required to be kept clear and unobstructed at
all times. No gear storage, parking, standing vehicles, cutting
boards, or bait barrels shall be allowed in a fire lane, except for
the temporary loading and unloading equipment with the driver in line
of sight of the vehicle.
B. No person shall bring into
the port area any refuse, ashes, waste oil, or garbage. In addition,
there shall be no disposal of fish and fish parts on the bulkhead or
in the waters of the State.
C. Parking shall be allowed
only in allocated and/or designated parking space. All no parking
zones shall be signed and violators shall be tagged, towed, and/or
fined.
D. Camping and/or sleeping in
vehicles at the facility is prohibited.
E. Abandoned, unregistered or
illegally parked vehicles will be towed at owner’s expense.
F. All rights-of-way shall be
kept free and clear of obstruction by vehicles, gear, equipment, etc.
G. All lessees shall obtain
written approval from the Department of Environmental Management
prior to undertaking activities.
1.12 State Pier #9 Newport Traffic
Regulations
A. Parking shall be allowed
only in allocated and/or designated parking spaces. Vehicles must
have current parking stickers. Any vehicles which are found in areas
designated "No Parking Zones" shall be tagged and fined as
well as the vehicle(s) towed away at the owner’s expense.
B. All designated rights of
way shall be kept free and clear of obstruction including but not
limited to vehicles, gear, or equipment. A ten-foot zone around all
electric power pedestals and all water hydrants are to be kept free
and clear of obstruction including but not limited to vehicles, gear,
or equipment.
1.13 Port of Galilee State Pier #3
Traffic Regulations
A. Parking allowed in
designated areas only for motor vehicles with valid commercial
fishing stickers issued by the DEM. Illegally parked motor vehicles
may be towed at the expense of the vehicle’s owner.
B. No commercial fishing
vessel shall remain tied to Pier #3 for longer than two weeks without
prior written permission from the DEM.
1.14 Port of Galilee Southeast
(S.E.) State Parking Lot (G)
A. This is a long-term general
public parking area, and overflow parking area for fishermen and crew
with valid parking permits issued by the Division.
B. No campers, buses, trucks,
or other vehicles over 8,800 lbs. GVRW shall be allowed in the lot.
C. No camping is allowed.
D. No sleeping in vehicles is
allowed.
E. The daily parking fee is
ten dollars ($10.00) per calendar day.
F. Minimum fee for replacement
of a lost ticket is one-hundred ($100.00) dollars.
G. Abandoned vehicles will be
towed at the expense of the vehicle’s owner.
H. A seasonal parking pass is
one hundred fifty ($150.00) dollars for individuals with a valid
Rhode Island driver’s license and a Rhode Island registered
vehicle. The pass is seventy-five dollars ($75.00) for senior
citizens 65 years of age or older with a valid Rhode Island driver’s
license and Rhode Island registered vehicle. A seasonal pass is two
hundred fifty ($250.00) dollars for all vehicles with out of state
registrations. The pass is transferable to a second vehicle but will
only be honored once in any calendar day. The pass cannot be loaned
to a vehicle to which the pass is not issued. No refunds will be
given for unused passes.
I. The issuance of a pass to a
vehicle authorized the parking of the subject vehicle on a space
available basis. Staff will make every reasonable effort to ensure
that adequate parking spaces are available for all vehicles with
annual parking pass, it is possible that enough parking spaces may
not be available at times of peak demand including, but not limited
to holiday periods.
J. Any misuse of parking
passes will result in the immediate confiscation of the pass by the
Division.
1.15 Port of Galilee Lot 240
Commercial Fishermen Parking Area
A. Parking restricted to
Commercial Fishermen and vessel crews with valid Commercial Fishing
parking stickers.
B. Parking stickers will be
issued by the Department for vessel captains and crew. Vessel
captains must designate crew members and submit a crew list to the
Division to be issued valid commercial fishing parking stickers.
Should the Division request proof of employment for crew members or
captains, it will be the burden of the applicant to provide such
documentation as deemed necessary by the Division.
C. Unauthorized vehicles will
be ticketed and/or towed at the expense of the vehicle’s owner.
1.16 Port of Galilee West Bulkhead
Area Traffic Regulations
A. Parking Area E: Parking for
commercial fishermen, charter and “headboat” crews who
are authorized berth holders and their customers.
B. No sleeping in vehicles is
allowed.
C. Abandoned vehicles will be
towed at the expense of the vehicle’s owner.
1.17 General Rules and Regulations
A. No person shall commit any
disorderly or indecent act within the limits of the Ports.
B. No person shall refuse or
neglect to obey the directions of any enforcement officer of any
other authorized representative of the Department of Environmental
Management.
C. No person shall distribute
or exhibit in the Port any printed or written material of a
commercial nature without written permission of the Division. If
official permission is granted, the distributor or exhibitioner shall
be responsible for removal of all litter, which may result from such
distribution. If the distributor or exhibitioner fails to comply with
the removal of all litter, then the litter will be removed by the DEM
or their agents at the distributor’s or exhibitioner’s
expense.
D. No person shall offer for
sale in the Port any goods or services of a commercial nature without
written permission of the Division.
E. No person shall park or
otherwise store any trailers on property owned or leased by the
Division within the limits of the Port of Galilee or State Pier #9,
Port of Newport without prior written permission by the Division.
1.18 Curfew
With the exception of the
owners and crew of commercial fishing vessels assigned berth
contracts and/or those involved in loading/unloading or servicing
vessels at the State owned facilities at the Port of Galilee or State
Pier #9, Port of Newport, or those persons possessing a valid
Saltwater Recreational Fishing License who are engaged in
recreational fishing at the Port of Galilee or State Pier #9, all
persons are prohibited from the State owned facilities including at
the Port of Galilee or State Pier #9, at any time during the hours
between sunset and sunrise.
1.19 Penalties
A. Any person who violates §
1.8 of this Part, in its entirety, of these Rules and Regulations,
shall be subject to a civil violation and a fine not to exceed One
Hundred ($100.00) Dollars pursuant to R.I. Gen. Laws § 32-2-4,
for each violation and for other such penalties as State law allows
and may forfeit any and all rights to utilize the facility.
Jurisdiction over these violations shall be with the traffic tribunal
as specified under R.I. Gen. Laws § 42-17.10-1.
B. Any person who violates
portion of these rules or regulations set forth above in § 1.19
(A) of this Part shall be subject to a fine not to exceed Five
Hundred ($500.00) Dollars, or imprisoned not exceeding thirty (30)
days, pursuant to R.I. Gen. Laws § 46-5-12, for each violation
and for other such penalties as State law allows, and the forfeiture
of any and all rights to utilize the facility.
1.20 Appeals
A. What review, if any, of the
Division’s determination to enter into or refuse to enter into
a berth contract would be the subject of judicial as opposed to
administrative review.
B. In those rare instances in
which a decision by the Division pursuant to these regulations would
afford a party the opportunity to request a hearing before the
Administrative Adjudication Division, the following procedures shall
be employed: Any person who feels aggrieved and seeks an adjudicatory
hearing in order to contest an enforcement action which alleges
violation(s) of these rules and regulations must file said request in
writing with the clerk of Administrative Adjudication Division, 1
Capitol Hill, Fourth Floor, Providence, Rhode Island, 02908 within
twenty (20) calendar days of receipt of the contested agency
enforcement action.