250-RICR-90-00-2
250-RICR-90-00-2. Commercial Marine Fishing Licenses, Landing Permits, and Party and Charter Licenses (version Adoption, 12/02/2004 to 02/03/2005)
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
Division of Fish and Wildlife
Rules and Regulations
Governing the Management of
Marine Fisheries
November 12, 2004
AUTHORITY:
These regulations are adopted pursuant to Chapter 42-17.1, Section 20-1-4, Section 20-2.1
and Public Laws Chapter 02- 047, in accordance with Chapter 42-35 of the Rhode Island
General Laws of 1956, as amended.
Filed with the Secretary of
State:
_______________________
Effective Date:
_______________________
2
Table of Contents
Page
Rule 1
Purpose
6
Rule 2
Authority
6
Rule 3
Application
6
Rule 4
Superceded Rules & Regulations
6
Rule 5
Definitions
7
Rule 6
General Management and Licensing Regulations
10
6.1. Management Controls
11
6.1-1
Fishery Endorsements
11
6.1-2
Harvest & Gear Levels
12
6.1-3
Regulation of Gear
12
6.1-4
Times & Seasons
12
6.1-5
Area Closures & Restrictions
12
6.1-6
Quotas
12
6.1-7
Catch and Landings Limits
12
6.1-8
Limits on Entry
12
6.1-9
Control Dates
12
6.1-10
Exit/Entry Ratios
13
6.1-11
Annual Promulgation of Rules 13
6.2 Management Plans
12
6.2-1
Required
12
6.2-2
Purpose & Content
12
6.2-3
Procedure for Adopting
13
6.3 Emergencies
14
6.4 Annual Report
14
6.4-1
Content
14
6.4-2
Due Date
14
6.5 Use of License, Landing Permit and Vessel Declaration Fees
14
6.5-1
Annual Spending Plan
14
6.5-2
Activities Eligible for Funding
15
6.5-3
Special Projects
15
6.6 Data Reporting
15
6.6-1
Required
15
6.6-2
Manner of Reporting
16
6.6.3
Collection and Use of Data
16
3
Page
6.7 Licensing
16
6.7-1
Information Required
16
6.7-2
Other Requirements
17
6.7-3
Application Deadlines
17
6.7-4
License Renewals
19
6.7-5
Issuance of New Licenses and Endorsements, Generally
20
6.7-6
Issuance of New Licenses and Endorsements; Commercial
Fishing Licenses
20
6.7-7
Issuance of New Licenses and Endorsements; Principal
Effort and Multi-Purpose Licenses
21
6.7-8
Issuance of New Licenses Upon Sale of Vessel & Gear
22
6.7-9
Issuance of New Licenses and Operator Permits Under
Hardship Conditions
22
6.7-10
Requests for Reconsideration of License Denials
24
6.8 Licenses, Endorsements and Vessel Declarations; Resident
25
6.8-1
Fishery Endorsements
25
6.8-2
Commercial Fishing License
25
6.8-3
Principal Effort License
25
6.8-4
Multi-Purpose License
26
6.8-5
Student Shellfish License
26
6.8-6
65 and Over Shellfish License
26
6.8-7
Gear Endorsements
27
6.8-8
Vessel Declaration
27
6.9
Licenses, Endorsements and Vessel Declarations; Non-Resident
28
6.9-1
Non-Resident Fishery Endorsements
28
6.9-2
Non-Resident Commercial Fishing License
28
6.9-3
Non-Resident Principal Effort License; New
29
6.9-4
Non-Resident Vessel Declaration
29
6.10 Landing Permits
30
6.10-1
General Requirements
30
6.10-2
Resident Finfish Landing Permit
30
6.10-3
Resident Shellfish Landing Permit
31
6.10-4
Resident Crustacean Landing Permit
31
6.10-5
Resident Multi-Purpose Landing Permit
31
6.10-6
Resident Miscellaneous Landing Permit
31
6.10-7
Non-Resident Restricted Finfish Landing Permit
31
6.10-8
Non-Resident Non-Restricted Finfish Landing Permit
32
6.10-9
Non-Resident Shellfish Landing Permit
32
6.10-10 Non-Resident Crustacean Landing Permit
33
6.10-11 Non-Resident Multi-Purpose Landing Permit
33
6.10-12 Non-Resident Miscellaneous Landing Permit
33
6.11 Dealer's Licenses
33
6.11-1
General Requirements
33
4
Page
6.11-2
Multi-Purpose Dealer's License
34
6.11-3
Finfish Dealer's License
34
6.11-4
Shellfish Dealer's License
34
6.11-5
Lobster Dealer's License
34
6.12 Penalties
35
6.12-1
Violations
35
6.12-2
False Statements
35
6.12-3
Alterations, Forgeries & Counterfeits
35
6.12-4
Failure to Possess, Present or Display a Proper
License, Permit, or Vessel Declaration
35
Rule 7
Availability of New Licenses and Endorsements for 2005
36
7.1
Multi-Purpose Licenses
36
7.2
Principal Effort Licenses
36
7.3
Commercial Fishing Licenses
36
7.4 Student and 65 and Over Shellfish Licenses
36
7.5 Fish Trap Endorsements
37
7.6 Gill Net Endorsements
37
Rule 8
Harvest and Gear Levels for 2005
37
8.1
Full Harvest and Gear Levels
37
8.2
Basic Harvest and Gear Levels
37
8.2-1
Lobster
37
8.2-2
Non-Lobster Crustacean
37
8.2-3
Quahaug
38
8.2-4
Non-Quahaug Shellfish
38
8.2-5
Restricted Finfish
38
8.2-6
Non-Restricted Finfish
38
Rule 9
Severability
38
Rule 10
Effective Date
39
5
RULES AND REGULATIONS GOVERNING
THE MANAGEMENT OF MARINE FISHERIES
RULE 1.
PURPOSE
The purpose of these regulations is to establish a process for managing marine
fisheries, through the development of management plans and programs,
licensing protocols, and data collection systems.
RULE 2.
AUTHORITY
These Rules and Regulations are promulgated pursuant to Chapter 42-17.1,
Department of Environmental Management, and Section 20-1-4, Section 20-2.1
and Public Laws Chapter 02-047, "An Act Relating to Fish and Wildlife," in
accordance with Chapter 42-35, Administrative Procedures, of the Rhode Island
General Laws of 1956, as amended.
RULE 3.
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.
RULE 4.
SUPERCEDED RULES AND REGULATIONS #2842
On the effective date of these Rules and Regulations, all previous Rules and
Regulations, and any policies regarding the administration and enforcement of
the General Laws in Chapter 20-2, entitled "Licensing," Chapter 20-2.1 entitled
“Commercial Fishing Licenses,” and Chapter 20-3.1, entitled "Marine Fisheries
Management Modernization," shall be superseded, provided that regulations
promulgated by the Director or the Rhode Island Marine Fisheries Council
pursuant to Chapter 20-3, entitled "Marine Fisheries Council" will remain in
effect until amended or replaced. Provided, furthermore, that 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 was filed.
6
RULE 5.
DEFINITIONS
(5.1)
“Actively Fished.” – A license holder will be considered to have been actively
fishing that license/endorsement if he or she demonstrates by dated transaction
records that they have fished at least seventy-five (75) days in the preceding two
years, with at least fifty (50) days in any one of the two years.
(5.2)
“Actively Participating.” – A crew member will be considered to have been
actively participating in the fishery if he or she demonstrates via one or more
affidavits that he or she has fished in the fishery with one or more licensed
captains at least seventy-five (75) days in the preceding two years, with at least
fifty (50) days in any one of two years. Crew members may also demonstrate
longevity in the fishery via one or more affidavits from licensed captains who
they fished with in previous years.
(5.3)
“Adaptive Management.” – A formal process for continually improving
management policies and practices by learning from their outcomes. As applied
to marine fisheries management in Rhode Island, this process will be
characterized by rigorous and ongoing analysis of stakeholder values and
objectives regarding the fisheries; explicit recognition of uncertainty in the
decision-making process; where feasible, modeling of management options and
testing of models prior to significant management; and direct feedback between
management initiatives or practices and policy development.
(5.4)
"Affidavit." - A sworn statement of facts made under oath as to the truthfulness
therein, and made before an authorized person such as a Notary Public.
(5.5)
"Agent." - A representative of a licensed dealer with a place of business in the
State of Rhode Island wherein transaction records of said dealer are maintained
and available for inspection during normal business hours.
(5.6)
"Area Closure or Restriction." - A geographic area capable of being described
by coordinates or landmarks wherein fishing for identified species of fish,
shellfish or crustaceans is prohibited or restricted more stringently than is the
case for the state's waters generally.
(5.7)
"Authorized Individual." - An Environmental Police Officer or any other
representative of the Director authorized to administer or enforce these
regulations.
(5.8)
“Basic Harvest and Gear Level.” – The harvest and/or gear restrictions
governing each fishery endorsement category pertaining to Commercial Fishing
Licenses, as well as Student Shellfish Licenses, and 65 and Over Shellfish
Licenses.
(5.9)
"Bill of Lading." - An invoice which identifies a shipment of fish, shellfish or
crustaceans as to seller, buyer, source, type, quantity and sale price.
(5.10) "By-catch." – Fish, which have been harvested, but which are not sold or kept
for personal use. It includes fish that are discarded for either economic or
regulatory reasons.
7
(5.11) "By rule." - The promulgation of a rule or regulation in accordance with the
requirements of the Rhode Island Administrative Procedures Act (RIGL
Chapter 42-35).
(5.12) "Catch Landings Limit." - Any duly adopted restriction on the amount of fish,
shellfish or crustaceans that may legally be held at any one point in time or
which can be legally landed during a given period of time, usually a calendar
day.
(5.13) "Catch or Landings Report." - A report of required information on a given
quantity of fish, shellfish or crustaceans required to be forwarded to the
Department at the point in time when said fish, shellfish or crustaceans are sold
by a licensed fisher to a licensed dealer. "Catch report" is the report filed by the
fisher. "Landings report" is the report filed by the dealer.
(5.14) "Commercial Fishing License Review Board." - The five-member board,
established within the Department and appointed by the Governor with the
advise and consent of the Senate, in accordance with RIGL §20-2.1-12.
(5.15) “Commercial Fishing Vessel.” – Any vessel, boat or craft employed in the
harvesting of marine species commercially, which shall first be declared with
the Department.
(5.16) "Control Date." - A cut off date for establishing eligibility criteria for future
access to a fishery.
(5.17) "Crew." - An individual employed for purposes of assisting in the operation of a
commercial fishing vessel and its gear by another person licensed to fish
commercially pursuant to these regulations.
(5.18) "Dealer." - A person, partnership, firm, association, or corporation licensed to
barter or trade in any marine species.
(5.19) "Department." - The Rhode Island Department of Environmental Management.
(5.20) "Director." - The Director of the Rhode Island Department of Environmental
Management.
(5.21) "Discards." - Fish, shellfish or crustaceans that are discarded overboard by
fishers because their possession is prohibited by regulations or for economic
reasons.
(5.22) “Endorsement.” – A notation on a license that indicates the right to harvest a
marine species or group of similar species, in accordance with applicable
harvest and/or gear restrictions.
(5.23) “Endorsement Category.” – A marine species or group of similar species that
may be legally harvested by a fisher whose license allows the taking of those
species.
(5.24) "Exit/Entry Ratio." - A formula established by regulation for a fishery or
fisheries which identifies the number of new fishing licenses in each category
that will be issued for each one that is retired and surrendered to the
Department.
(5.25) "Family Member." - The spouse, mother, father, brother, sister, child or
grandchild of a licensed fisher.
(5.26) “February 28.” - The twenty-eighth (28th) day in the month of February or the
next business day if February 28 falls on a Saturday or Sunday or holiday for
the purpose of application submittals and renewal deadlines.
8
(5.27) "Fish Trap." - Floating traps, weirs, pounds, nets, or any equivalent contrivance
set on, in or anchored to the bottom or shore, used for the purpose of catching
fish.
(5.28) "Fishery." - One or more stocks of fish which can be treated as a unit for
purposes of conservation and management and which are identified on the basis
of geographic, scientific, technical, recreational, and economic characteristics;
and any fishing for such stock.
(5.29) "Fishing Community." - Individuals, families, businesses and other entities and
organizations who share common fishing interests regardless of their
geographic location.
(5.30) “Full Harvest and Gear Level.” – The harvest and/or gear restrictions governing
each fishery endorsement category pertaining to Principal Effort Licenses, and
for all species pertaining to Multi-Purpose Licenses.
(5.31) "Gear." - Any device or mechanism other than a vessel employed to catch fish,
shellfish or crustaceans.
(5.32) "Gear Level." - As set by regulation, the amount, type capacity and design of
gear that may legally be employed in a given fishery.
(5.33) "Gill Net." - A net designed to catch fish by means of meshing or entanglement.
(5.34) “Grace period.” - Sixty (60) calendar days commencing February 28, as defined
herein, applicable only to renewals of licenses from the immediately preceding
year.
(5.35) "Harvest Level." - As set by regulation, the amount of fish, shellfish or
crustaceans that may be legally harvested, possessed, and/or sold by a licensed
fisher during a given period of time, usually a calendar day. That amount may
vary according to the type of license held and/or the species involved.
(5.36) "Harvesting Capacity." - The ability of a fish stock or fishery to support fishing
pressure while remaining at sustainable levels, defined as Maximum Sustainable
Yield (MSY).
(5.37) "Incapacity." - Death of, or injury that renders an active licensed fisher unable
to fish for a period in excess of fourteen (14) days either as a result of the
physical loss of function or impairment of a body part or parts, or debilitating
pain.
(5.38) "Land" or "Landing." - To off-load seafood products, including, but not limited
to, finfish, shellfish, and crustaceans, legally harvested outside of Rhode Island
waters for sale or intended sale in Rhode Island, or to secure a vessel with the
seafood products on board to a shoreside facility where the products may be off-
loaded for sale or intended sale.
(5.39) "License Year." - January 1 of any given year through December 31 of the
same year.
(5.40) "Lottery." - Any of a variety of techniques to distribute licenses or permits when
the demand for such licenses or permits exceeds the supply, such techniques
having the common characteristics of being verifiably blind, random, fair and
equitable.
(5.41) “Medical Hardship.” - A significant medical condition that prevents a license
applicant from meeting the application requirements.
9
(5.42) "Non-Resident." Anybody who does not present proof of Rhode Island
residency.
(5.43) "Optimum Yield." - The amount of fish, with respect to yield from a fishery,
which will create the greatest overall benefit to the state, particularly with
respect to food production and recreational opportunities, and taking into
account the protection of marine ecosystems. "Optimum Yield" is prescribed as
such on the basis of the maximum sustainable yield from the fishery as reduced
by any relevant economic, social or ecological factors, and in the case of an
overfished fishery, provides for rebuilding to a level consistent with producing
the maximum sustainable yield from such fishery.
(5.44) "Overfishing/Overfished." - A rate or level of fishing mortality that jeopardizes
the capacity of a fishery to produce the maximum sustainable yield on a
continuing basis.
(5.45) "Place of Business." - A building or office located in the State of Rhode Island
where a licensed fish dealer maintains records of sales and purchases which are
available for inspection by the Department during normal business hours.
(5.46) "Point of Sale." - The point in time and place where ownership of a given
quantity of fish, shellfish, and/or crustaceans is transferred from a licensed
fisher to a licensed dealer.
(5.47) "Processed Products or Seafood Products." - Any fish, shellfish or crustacean
that has been processed on board a fishing vessel prior to sale to a licensed
dealer.
(5.48) "Quota." - An allocation of an amount of a specific species of fish, shellfish or
crustaceans available to be harvested by Rhode Island fishers. This allocation is
made by regional management councils and commissions and may be further
allocated by the Department by season or among different types of fishers.
(5.49) "Resident" - An individual who has had his or her principal place of residence
in Rhode Island and has lived in that residence for a continuous period of not
less than six (6) months. Proof of residence may include a Rhode Island driver's
license, automobile registration, voter registration card or a notarized statement
from a City or Town Clerk.
(5.50) "RIMFC." - The Rhode Island Marine Fisheries Council.
(5.51) "Rule Making." - The promulgation of a rule or regulation in accordance with
the requirements of the Rhode Island Administrative Procedures Act (RIGL
Chapter 42-35).
(5.52) "Sea Sampler/Observer." - A representative of the Director or the National
Marine Fisheries Service authorized to accompany fishers during the act of
fishing to conduct research and/or to monitor and confirm catches.
(5.53) "Season." - A period of time established by regulation during which
management rules specific to that period are in effect.
(5.54) "Self-Sustaining Stock, Sustainability." - A population of a given species of
fish, shellfish or crustaceans which has sufficient recruitment of new animals
and survival rates for mature animals as to maintain a stable biomass over time.
(5.55) "Shellfish Dredge." - A mechanical device that is towed behind a fishing vessel
and whose purpose is to collect shellfish from the sea floor.
10
(5.56) "Shellfish Seeding." - The introduction of shellfish spat or sub-legal juvenile
animals into an area for purposes of increasing the population of shellfish in that
area.
(5.57) "Shellfish Transplant." - The removal of shellfish from polluted waters or
bottom areas proposed to be dredged and the transport of those animals to a
Management Area for harvest at a later date.
(5.58) "Transaction Records." - Invoices or similar records of the purchase of fish,
shellfish, crustaceans or other seafood products by a licensed dealer, which
identify the boat, license holder, the Rhode Island dealer name, and the date
sold, pounds landed, name of the seller, and license number of the seller.
(5.59) "Unreasonable Hardship." - Substantial economic loss which is unique to an
individual, including but not limited to adverse medical or personal
circumstances, and which has not been caused or exacerbated by prior actions
of or inaction on the part of that individual.
(5.60) "Vessel Declaration." - Registration of a vessel as a commercial fishing vessel
with the Department as required herein.
(5.61) "Vessel Upgrade." - The acquisition by a licensed fisher of a vessel that is
longer, of greater displacement, or increased horsepower relative to the vessel it
is replacing.
RULE 6.
GENERAL MANAGEMENT AND LICENSING REGULATIONS
(6.1)
Management Controls
(6.1-1) Fishery Endorsements
(a) Fishery endorsement categories shall include:
(i) Lobster;
(ii) Non-Lobster Crustacean -- all crustacean species, as well as
horseshoe crabs, available for commercial harvest, except
lobster;
(iii) Quahaug;
(iv) Non-Quahaug Shellfish – all shellfish species available for
commercial harvest, except quahaug;
(v) Restricted Finfish – scup, summer flounder, winter flounder,
tautog, striped bass, and black sea bass;
(vi) Non-Restricted Finfish – all species of finfish and squid
available for commercial harvest except the six species specified
in the restricted finfish endorsement category.
(b) By rule, the Department may add, eliminate, or modify fishery
endorsement categories; in doing so, the Department will consider
the status of each fishery, levels of participation by existing license
holders, and the provisions of applicable fisheries management plans
and programs.
11
(6.1-2) Harvest and Gear Levels
(a) The Full Harvest and Gear Level will apply to holders of Principal
Effort Licenses for the fisheries for which they hold endorsements;
and to holders of Multi-Purpose Licenses for all species.
(b) The Basic Harvest and Gear Level will apply to holders of
Commercial Fishing Licenses for the fisheries for which they hold
endorsements; and to holders of Student Shellfish and 65 and Over
Shellfish Licenses.
(c) By rule, the Department shall set, and may periodically adjust, Full
and Basic Harvest and Gear Levels on a fishery- or endorsement-
specific basis, consistent with state and/or federally sanctioned
fisheries management plans or programs.
(6.1-3) Regulation of Gear
(6.1-4) Times and Seasons
(6.1-5) Area Closures and Restrictions
(6.1-6) Quotas
(6.1-7) Catch and Landings Limits
(6.1-8) Limits On Entry
(a) By rule, the Department may limit entry into a fishery by license
type or endorsement category, where a state and/or federally
sanctioned fisheries management plan finds that fishing effort is at or
exceeds sustainable levels.
(b) By rule, the Department may establish entrance/exit ratios, lotteries,
waiting lists, or other allocation measures as a means for limiting
entry pursuant to subsection 6.1-8(a).
(c) Any/all limits on entry for each license type and/or endorsement
shall be annually prescribed herein in Rule 7.
(6.1-9) Control Dates
(a) By rule, the Department may establish control dates, which shall
serve as cut-off dates for establishing potential eligibility criteria for
future access to a fishery.
(b) Eligibility criteria may include, but are not limited to, historic
participation and/or gear levels as documented by transaction records
and official state or federal logbooks.
(c) The establishment of a control date is intended to promote awareness
of potential eligibility criteria for future access to a fishery and to
12
discourage speculative shifting of effort into that fishery. To this
end, the Department may give various weighted considerations to
those active in the fishery before and after the control date.
(d) Establishing a control date does not commit the Department to any
particular management regime or criteria for limiting future access to
a fishery; however, once enacted, control dates may only be used to
limit future access to a fishery in accordance with a state fisheries
management plan.
(e)
(e) Control dates may only be established prospectively.
(6.1-10) Exit/Entry Ratios
(a) Restricted finfish – For every five licenses, eligible to harvest
restricted finfish, that are retired, one new restricted finfish
license/endorsement will be issued.
(b) Quahaug- For every three licenses, eligible to harvest quahaug, that
are retired, one new quahaug license/endorsement will be issued.
(6.1-11) Annual Promulgation of Rules
Availability of new licenses and endorsements, harvest and gear levels,
regulations affecting gear, times and seasons, area closures and
restrictions, quotas and catch or landings limits, limits on entry, control
dates and data reporting shall be established by rule as hereinafter
described on an annual basis, no later than November 1 for the following
year, provided that said regulations may run for longer periods where
management conditions permit, or may be adjusted more frequently
where such conditions require.
(6.2)
Management Plans
(6.2-1) Required
The management controls set forth in subsection 6.1 must be based on
fishery management plans that have been adopted by the Department or
by a federal agency or regional body of competent jurisdiction. Such
plans may be species- or fisheries-specific or apply to whole
endorsement categories.
(6.2-2) Purpose and Content
(a)
The central objectives of all fishery management plans shall be
(i) to prevent overfishing, while achieving on a continuous basis
13
the maximum sustainable yield from each fishery; and (ii) to
restore overfished or depleted stocks to sustainable levels.
(b)
Management plans shall be responsive to, and reflective of,
changing stock and fishery conditions, and thereby support an
adaptive management process.
(c)
Management plans shall seek to achieve the objectives set forth
in subsection (a) above by establishing management measures
that may include a mix of input and output controls, such as
limitations or restrictions on effort, gear, catch, areas, times,
and/or seasons.
(d)
Management plans shall specifically address, and make annual
determinations on, the number and availability of licenses and
endorsements, and the harvest and gear levels associated
therewith. Such determinations shall be made in accordance
with the objectives set forth in subsection (a) above, and with
due regard to: (i) the social and economic well-being of fishers
and fishing-dependent communities, particularly the interests of
licensed residents who wish to continue fishing commercially in
a manner that is economically viable; and (ii) the interests of
residents who wish to fish commercially.
(e)
In considering the economic and social impacts of licensing and
other management measures on fishers and fishing-dependent
communities, as well as on the general public, management plans
shall to the maximum extent feasible employ methodologies that
are consistent with those employed by the National Marine
Fisheries Service.
(f)
Management plans shall be based on the best scientific
information available.
(g)
Management plans shall consider the effectiveness of
management measures in reducing by-catch, by-catch mortality,
and discards.
(h)
Management plans shall complement federal and regional
management plans and programs and the reciprocal
arrangements with other states.
(i)
Management plans shall be consistent with the national standards
for fishery conservation and management set forth in the
Magnuson-Stevens Fishery Conservation and Management Act
(16 USC, section 1851) and further delineated in RIGL §20-2.1-
9(2)(iv).
(j)
Management plans may take into consideration other factors that
the Director deems appropriate.
(6.2-3) Procedure for Adopting
(a) Management plans shall be adopted by rule consistent with the
requirements of the Administrative Procedures Act and as herein
14
described on an annual basis no later than November 1 for the
following year, provided that said plans may continue in effect for
longer periods if it is determined that management conditions permit
or may be adjusted more frequently if it is determined that
management conditions require.
(b) Plans shall be submitted to the Rhode Island Marine Fisheries
Council [RIMFC] for review and advice at least sixty (60) days prior
to any Department hearing on said plans.
(c) RIMFC may recommend to the Director that a proposed plan be
adopted, modified or withdrawn, and the Director may proceed to
hearing on the plan as originally proposed or as revised by RIMFC,
or both, provided that in all instances both the plan as originally
proposed and as recommended by RIMFC shall be entered into the
hearing record.
(d) In adopting a proposed plan, the Director shall include a concise
explanation of the principal reasons for its adoption and his or her
response to positions entered into the hearing record.
(6.3)
Emergencies
The Director may promulgate marine fisheries management rules with
less than sixty (60) days notice to RIMFC if and to the extent necessary
to comply with federal or regional requirements or to respond to sudden
and/or imminent peril or unanticipated developments where delay would
likely cause immediate harm to fishery resources or fishers pursuant to
RIGL §42-35-3.
(6.4)
Annual Report
(6.4-1) Content
The Director shall prepare an annual report on the conservation and
management of marine fisheries resources for the General Assembly and
the citizens of the State. The report will address particularly the status
of fish stocks that are considered to be overfished or were so in the
preceding year, the status of fisheries management plans and programs,
levels of participation by existing license holders, and the availability of
new licenses and endorsements. The report will also summarize
available data on the value of commercial fishing in the State, and the
socio-economic status of the State's fisheries.
(6.4-2) Due Date
The annual report on marine fisheries resources shall be issued no later
than September 15 for the calendar year preceding.
15
(6.5)
Use of License, Landing Permit and Vessel Declaration Fees
(6.5-1) Annual Spending Plan
(a) License and vessel declaration fees must be used by the Department
in accordance with an annual spending plan adopted with the advice
of RIMFC.
(b) The Department will submit its annual spending plan to RIMFC no
later than September 1 for the following fiscal year.
(6.5-2) Activities Eligible For Funding
License, landing permit and vessel declaration fees are to be used by the
Department for the following specific purposes:
(a) Protection and propagation of marine fish, lobsters and shellfish;
(b) Enforcement of fisheries management regulations;
(c) Shellfish transplants;
(d) Enhancement of shellfish resources through other technologies
including seeding
(e) Fishing port development and construction;
(f) Staff support to and expenses incurred by RIMFC;
(g) Lease or purchase of land or conservation easements; and
(h) Technical support to and expenses incurred by the Department for
purposes of managing fisheries resources generally and for the
collection, processing, analysis and maintenance of data employed in
support of such management.
(6.5-3) Special Projects
Beginning on July 1, 2003, a minimum of two hundred thousand dollars
($200,000) of license and vessel declaration fees shall be targeted
annually to fund fishery conservation and restoration projects and/or
fishery resource enhancement activities.
(6.6)
Data Reporting
(6.6-1) Required
(a) The holder of any type of commercial fishing license, dealer license,
or landing permit shall be deemed to have consented to providing
such fishery-related information as the Department may require,
including but not limited to, catch, effort, and areas fished.
(b) Applicants for commercial fishing or dealer licenses or landing
permits will be provided a list of applicable reporting requirements
at the time of license issuance or renewal.
16
(c) The Department may amend reporting requirements, no later than
November 1 for the following calendar year.
(d) The holder of a commercial fishing license or landing permit shall be
deemed to have consented to allowing Department sea samplers or
observers on their vessel while fishing in order to obtain catch and
effort data or conduct related research; provided that the Department
shall provide reasonable notice to the master of the vessel prior to
the boarding of sea samplers or observers.
(e) The license or permit of any individual who fails to report required
information in a timely fashion or who files a false report shall be
subject to suspension or revocation. No application for a license
renewal will be accepted from a person who has failed to submit
reports in a timely fashion and who has been previously notified, via
certified mail, regarding the deficiency and the inability to renew if
the required reports are not filed by the license application deadline.
(6.6-2) Manner of Reporting
(a) Fishers and dealers may be required to file data reports at the point
of sale, and fishers may also be required to maintain logs while
fishing.
(b) License holders will be informed in writing as to the form of such
reports, their content, and the manner in which and frequency with
which they are required to be transmitted by November 1 for the
following year.
(6.6-3) Collection and Use of Data
(a) Data will be collected, managed and disseminated according to the
coastwide minimum protocols of the Atlantic Coastal Cooperative
Statistics Program (ACCSP).
(b) Reported data may be used for management purposes by any
properly designated State or federal agency. Reported data may only
be used for enforcement purposes by a properly designated state or
federal agency if specifically authorized by rule.
(c) Any data that are released or reported to the public shall be
aggregated so as to not identify individual fishers, vessels or dealers.
(6.7)
Licensing
(6.7-1) Information Required
Applicants for any license or permit issued under these regulations shall
provide a notarized statement containing the following information:
(a) Full name;
17
(b) Age;
(c) Occupation;
(d) Residence address;
(e) Mailing address;
(f) Weight;
(g) Height;
(h) Hair color;
(i) Eye color;
(j) The name of any state or jurisdiction in which the applicant's
commercial fishing license and/or permit is currently revoked or
suspended; and
(k) Driver's License number and state of issuance, or other state-issued
photo identification card.
(6.7-2) Other Requirements
(a) A license or permit must be signed and sworn to by the party to
whom it is issued in order to be valid.
(b) Licenses and permits are valid only for the signed holder and may
not be transferred.
(c) All fees must have been paid for a license or permit to be valid.
(d) A lost or accidentally destroyed license or permit will be replaced
for a fee of ten dollars ($10.00), provided that the applicant submits
an affidavit to the Department explaining the circumstances of the
loss.
(e) A lost or accidentally destroyed Certificate of Exemption or permit
issued by the Department for harvest of commercial or recreational
marine species shall also be replaced for a fee of ten dollars
($10.00), provided that the applicant submits an affidavit to the
Department explaining the circumstances of the loss, and provided
that the holder notifies the Department within seven (7) days of
discovery of the loss.
(f) No application for a license renewal shall be accepted from a person
whose data reports, per section 6.6, have not been submitted.
(g) Notice of change of address. Whenever any person holding any
commercial fishing license shall move from the address named in his
or her last application, that person shall, within ten (10) days
subsequent to moving, notify the office of boat registration and
licensing of his or her former and current address.
(6.7-3) Application Deadlines
(a) The Department will notify all license and permit holders in writing
by November 1 that said license or permit, as well as all vessel
declarations, expire on December 31 of that year.
18
The Department will also notify all holders of Student Shellfish (if
renewable), 65 and OverShellfish, Commercial Fishing, Principal
Effort, and Multi-Purpose Licenses in writing by November 1 that
said licenses, along with any and all applicable endorsements, must
be renewed by February 28 of the following year in order to remain
valid.
(b) All notices will be sent by regular mail to the mailing address given
on the license or permit holder's last license application or change of
address form.
(c) All applications for Student Shellfish, 65 and Over Shellfish,
Commercial Fishing, Principal Effort, and Multi-Purpose Licenses,
along with any and all applicable endorsements, whether renewals or
new issues, must be made in person by 4:00 PM on February 28, or
on the first business day following February 28 if that day falls on a
Saturday or Sunday or holiday, at the Department of Environmental
Management, Office of Licensing and Registration, 235 Promenade
Street, Providence, 02908. Alternatively, applications must be
posted to the same address with a postmark no later than the above-
referenced deadline date. Alternatively, renewals must be made
electronically by midnight on the above-referenced deadline date. In
order to be eligible to apply for a license, an application must be
received, postmarked, or electronically filed by the above-referenced
deadline date.
(d) No Student Shellfish, 65 and Over Shellfish, Commercial Fishing,
Principal Effort or Multi-Purpose License or applicable endorsement
will be issued or renewed after the close of business on February 28,
or on the first day following February 28 if that day falls on a
Saturday or Sunday or holiday, unless said license or endorsement
was applied for consistent with the requirement of subsection 6.7-
3(d).; or unless said license or endorsement is applied for consistent
with the provisions of section 6.7-8 or 6.7-9.
(e) Applications for renewal of licenses referenced in sections c andd)
above that are received by the Department or postmarked after
February 28 or after the first day following February 28 if that day
falls on a Saturday or Sunday or holiday shall be renewed only upon
payment of a late fee in the amount of $200.00 and only during the
sixty (60) day grace period commencing February 28. Such renewal
applications must be made in person at the Department of
Environmental Management, Office of Licensing and Registration,
235 Promenade Street, Providence, 02908.
(f) No license or permit will be renewed unless the data reporting
requirements of Section 6.6 have been met.
(6.7-4) License Renewals
19
(a) Applicants who possessed a valid Commercial Fishing License with
Lobster (resident only), Quahaug (resident only), and/or Restricted
Finfish endorsements as of the immediately preceding year may
obtain a Commercial Fishing License with the same endorsement(s)
for the immediately following year. Other fishery endorsements on
Commercial Fishing Licenses – including Non-Lobster Crustacean
(resident only), Non-Quahaug Shellfish (resident only), and Non-
Restricted Finfish – may be renewed without restriction. Non-
resident applicants must demonstrate that their state of residence
complies with the reciprocity requirements set forth under Section
6.9.
(b) Applicants who possessed a valid Principal Effort License with
Lobster, Quahaug, and/or Restricted Finfish endorsements as of the
immediately preceding year may obtain a Principal Effort License
with the same endorsement(s) for the immediately following year.
Other fishery endorsements on Principal Effort Licenses – including
Non-Lobster Crustacean (resident only), Non-Quahaug Shellfish
(resident only), and Non-Restricted Finfish – may be renewed
without restriction. Non-resident applicants must demonstrate that
their state of residence complies with the reciprocity requirements
set forth under Section 6.9.
(c) Applicants who possessed a valid Multi-Purpose License as of the
immediately preceding year may obtain a Multi-Purpose License for
the immediately following year.
(d) Applicants who possessed a valid Student Shellfish License as of the
immediately preceding year, and who will be older than twenty-three
(23) years as of February 28 of the immediately following year, and
who have been actively fishing their license, may obtain a
Commercial Fishing License with a Quahaug endorsement for the
immediately following year.
(e) Resident applicants who possessed a valid Landing Permit as of the
immediately preceding year may obtain a Landing Permit for the
immediately following year for any fishery, pursuant to the
eligibility requirements set forth in section 6.10.
(f) Non-resident applicants who possessed a valid Landing Permit as of
the immediately preceding year may obtain a Landing Permit for the
immediately following year for the fishery or fisheries for which
they were permitted as of the immediately preceding year, provided
that in the case of Restricted Finfish, such applicants must meet the
qualifications set forth in section 6.10-7. In addition, any such
applicant may also obtain new Landing Permits pursuant to the
eligibility requirements set forth in section 6.10.
(g) The provisions of this section apply only to the license year
beginning on January 1, 2005, and the issuance of licenses pursuant
to this section is subject to the license application deadlines and
other requirements set forth under sections 6.7-1, 6.7-2, and 6.7-3.
20
(6.7-5) Issuance of New Licenses and Endorsements, Generally
(a) The Department shall issue new licenses and endorsements in
accordance with the provisions of management plans, duly adopted
under the provisions of section 6.2. Said plans shall be reviewed
and, if necessary, updated annually to reflect changes in (i) regional
or federal management plans or programs, (ii) fish stocks and
fisheries, and (iii) levels of participation by existing license holders.
Said plans may or may not provide for the issuance of certain new
licenses or endorsements in any given year, depending on the status
and economic condition of each fishery.
(b) New licenses and endorsements shall be made available as of
January 1 for that year pursuant to management plans and associated
rules adopted no later than November 1 of the preceding year,
subject to the provisions set forth herein, and as further delineated in
Rules 7 and 8 herein for each license year.
(c) In cases where a limited number of new licenses or endorsements are
to be issued, the Department shall give priority to applicants in the
order prescribed by law and as further delineated below in sections
6.7-6 and 6.7-7. All eligible applicants in each priority category will
be issued licenses or endorsements before any licenses or
endorsements are issued to applicants in the next lower priority
category. If in any priority category there are more eligible
applicants than there are licenses or endorsements available for
issue, those licenses or endorsements will be issued by lottery, unless
otherwise specified herein.
(d) In cases where a limited number of new licenses or endorsements are
to be issued, the Department will accept applications until the
application deadline set forth under 6.7-3, and then issue said
licenses or endorsements to eligible applicants within five (5)
business days following the deadline date. To ensure fairness in
these cases, no new licenses or endorsements will be issued before
the application deadline date.
(6.7-6) Issuance of New Licenses and Endorsements; Commercial Fishing
Licenses
(a) First priority in the issuance of new Commercial Fishing Licenses
with applicable endorsement(s) shall be given to (i) licensed resident
fishers holding Commercial Fishing Licenses who have been
actively fishing their license, (ii) licensed resident fishers holding
Principal Effort Licenses who have been actively fishing their
license, and (iii) resident crew members who have been actively
participating in the same fishery sector for which a new license is
being sought. One-third of the total number of new licenses with
applicable endorsements will be made available to each of the three
21
priority categories. If, in any of the categories, there are fewer
eligible applicants than there are licenses/endorsements available for
issue, then the balance will be evenly distributed to the other two
categories. Within each category, eligible applicants will be
prioritized based on the length of time, in years, they have been
actively fishing their license, or actively participating in the fishery
as a crew member.
(b) Second priority in the issuance of new Commercial Fishing Licenses
with applicable endorsement(s) shall be given to resident crew
members who have been actively participating in any commercial
fishery. Eligible applicants will be prioritized based on the length of
time, in years, they have been actively participating in the fishery as
a crew member.
(c) Third priority in the issuance of new Commercial Fishing Licenses
with applicable endorsement(s) shall be given to any resident.
(d) Fourth priority in the issuance of new Commercial Fishing Licenses
with applicable (i.e., restricted finfish) endorsement shall be given to
any non-resident.
(6.7-7) Issuance of New Licenses and Endorsements; Principal Effort and
Multi-Purpose Licenses
(a) First Priority in the issuance of new Principal Effort Licenses with
applicable endorsement(s) or new Multi-Purpose Licenses shall be
given to a licensed family member of the holder of an endorsed
Principal Effort License or Multi-Purpose License who is actively
fishing that license/endorsement and who has first surrendered the
license to the Department. Only one new license/endorsement will
be issued for each one surrendered. Family members eligible to
obtain a license/endorsement pursuant to this subsection must have
held a lower level commercial license for two years or more.
(b) Second priority in the issuance of new Principal Effort Licenses with
applicable endorsements or new Multi-Purpose Licenses shall be
given to a licensed crew member of the holder of an endorsed
Principal Effort License or Multi-Purpose License who is actively
fishing that license/endorsement per subsection (e) above, and who
has first surrendered the license to the Department. Only one new
license/endorsement will be issued for each one surrendered. Crew
members eligible to obtain a license/endorsement pursuant to this
subsection must have held a lower level commercial license for two
years or more. Crew members eligible to obtain a
license/endorsement under this subsection must submit one or more
affidavits to the Department, verifying their status as crew members.
(c) Third priority in the issuance of new Principal Effort and Multi-
Purpose Licenses and applicable endorsements shall be given to any
licensed Rhode Island resident who has held a lower level
22
commercial license, regardless of the type of license held, for two
years or more. Fishers eligible to obtain new licenses and applicable
endorsements under this subsection shall be prioritized based on the
length of time they have held a license.
(d) Fourth priority in the issuance of new Principal Effort Licenses with
applicable endorsements or new Multi-Purpose Licenses shall be
given to any other Rhode Island resident regardless of their prior
licensing status or participation in commercial fishing.
(e) Fifth priority in the issuance of new Principal Effort Licenses with
applicable endorsements shall be given to non-residents; provided
that non-resident applicants meet the requirements under section 6.9;
and further provided that fishery endorsements for non-residents are
limited to Restricted and Non-Restricted Finfish.
(6.7-8) Issuance of New Licenses Upon Sale of Vessel and Gear
(a) Transfer or sale of licenses and endorsements between the buyer and
seller of a vessel and gear is prohibited; provided, however, that if
the seller of a vessel and gear who is actively fishing his or her
license shall have first surrendered it to the Department, the
Department will, upon application, issue one new license to the
purchaser of the vessel and gear in the same fishery or fisheries for
which the seller was licensed, if the requirements of subsection 6.7-
8(b) are met.
(b) Applicants for new licenses pursuant to this subsection must be
licensed and have held a lower level license for two (2) years or
more.
(c) In issuing new licenses pursuant to this subsection, the Department
may do so at a lower harvest and gear level than the license
surrendered by the seller where necessary to accomplish the
purposes of a management plan adopted pursuant to section 6.2.
New licenses issued pursuant to this section are not subject to the
application deadline provisions set forth under section 6.7-3.
(6.7-9) Issuance of New Licenses and Operator Permits Under Hardship
Conditions
(a) A hardship shall be deemed to exist if a license holder who is
actively fishing dies or becomes permanently or temporarily
incapacitated by illness or injury so as to not be able to fish for any
period in excess of fourteen (14) days.
(b) The Department will require proof of hardship in the form of a death
certificate or a diagnosis and prognosis of the incapacity of the
license holder signed by a medical doctor (M.D. or O.D.).
(c) In the case of permanent incapacity or death, the Department will
issue, upon application, a single, new, equivalent license with
23
applicable endorsement(s) to a member of the license holder's family
who is a Rhode Island resident. That family member may be
designated by the license holder or by mutual agreement among
surviving family members if the license holder is deceased.. Prior to
issuance of the new license, the original license will be surrendered.
The new license will be valid for the balance of the license year, and
will be eligible for renewal pursuant to the terms and conditions set
forth in section 6.7-3.
(d) In lieu of subsection 6.7-9(c), in the case of permanent incapacity or
death, the Department will issue, upon application, an operator
permit or equivalent license of the same category to a Rhode Island
resident designated by the incapacitated license holder, or in the case
of death, by the deceased individual's next of kin. Said permit or
license will serve as the legal equivalent of the license held by the
original licensee. Prior to issuance of the operator permit or
equivalent license, the original license will be surrendered. The
operator permit or equivalent license will be valid for the balance of
the license year and will be eligible for renewal once, at a cost equal
to the original license, upon approval by the Director.
(e) In the case of temporary incapacity, exceeding a period of fourteen
(14) days, the Department will issue, upon application, an operator
permit or equivalent license of the same category to a Rhode Island
resident designated by the incapacitated license holder. Said permit
or license will serve as the legal equivalent of the license held by the
incapacitated license holder. Prior to issuance of the operator permit
or equivalent license, the original license will be suspended. The
operator permit or equivalent license will remain valid for the
balance of the license year, or until the return to wellness of the
incapacitated license holder, whichever occurs first. The operator
permit or equivalent license will be eligible for renewal once, at a
cost equivalent to the cost of the original license, upon approval of
the Director. Upon the return to wellness of the incapacitated license
holder, the original license will, upon application, be reinstated and
the operator permit or equivalent license will be surrendered.
(f) New equivalent licenses issued pursuant to this section are not
subject to the application deadline provisions set forth under section
6.7-3.
(6.7-10) Requests for Reconsideration of License Denials
(a) There shall be no right to request reconsideration by the commercial
fishing license review board or appeal to the department of
environmental management's administrative adjudication division
(AAD) for the rejection of any new license applications submitted
after February 28, or any license renewal applications submitted
24
after the sixty (60) day grace period, except in the case of a
documented medical hardship as defined herein.
(b) Requests for reconsideration of license application denials in cases
of medical hardship must be submitted to the Board in writing c/o
the Office of Boat Registration and Licensing within ten (10) days of
receipt of the denial. The request for reconsideration shall state the
applicant’s name and current mailing address and state the specific
reason why the denial is in error with reference to the considerations
enumerated in subsection 6.7-10(g).
(c) The burden of proof shall be on the applicant to demonstrate to the
Board that he or she meets the criteria for issuance of a license.
(d) A quorum of the Board shall review the denial, the request for
reconsideration and additional evidence or testimony under oath or
affirmation, if determined to be necessary by the Board.
(e) The Board shall render a written recommendation to the Office of
Boat Registration and Licensing within thirty (30) days of the receipt
of the request for reconsideration. The recommendation shall
include the specific grounds for its decision and the vote of the
Board. A copy of the recommendation will be mailed first class,
postage prepaid, to the applicant.
(f) If a written recommendation is not rendered within thirty (30) days
as set forth above, the preliminary decision of the Office of Boat
Registration and Licensing shall become final and subject to appeal
pursuant to Subsection 6.7-10(i).
(g) In reaching its recommendation the Board shall consider:
(i) the impact that issuance of the license will have on the fisheries
management program overall;
(ii) equity with other license holders;
(iii) consistency with prior agency decisions;
(iv) consistency with management plans;
(v) unreasonable hardship to the applicant; andconsistency with the
provisions and purposes of RIGL Chapter 20-2.1 and the rules
and regulations set forth herein.
(vi) Within ten (10) days of receipt of the recommendation of the
Board, the Office of Boat Registration and Licensing shall issue
a written decision affirming, denying or modifying the
recommendation of the Board and shall state the rationale
therefore. A copy of the decision will be mailed first class,
postage prepaid, to the applicant.
25
(vii) The applicant may appeal the decision of the Office of Boat
Registration and Licensing to the Administrative Adjudication
Division for Environmental Matters pursuant to RIGL §42-17.7-
1 et seq. and the procedures set forth in the Administrative
Rules of Practice and Procedure of the Administrative
Adjudication Division for Environmental Matters.
(viii)
The written decisions of the Board and of the Office of
Boat Registration and Licensing shall be provided and made
part of the administrative record upon appeal to the
Administrative Adjudication Division for Environmental
Matters.
(6.8)
Licenses, Endorsements and Vessel Declarations; Resident
(6.8-1) Fishery Endorsements
Any Commercial Fishing or Principal Effort License issued to a Rhode
Island resident pursuant to these regulations may, upon demonstration of
eligibility by the applicant, be endorsed to allow participation in the
following fishery sectors at levels established pursuant to Rule 8:
(a) Non-Lobster Crustacean;
(b) Lobster;
(c) Non-Quahaug Shellfish;
(d) Quahaug;
(e) Non-Restricted Finfish;
(f) Restricted Finfish.
(6.8-2) Commercial Fishing License
(a) Applicants must provide proof of Rhode Island residency and pay an
annual fee of fifty dollars ($50), plus twenty-five dollars ($25) per
fishery endorsement.
(b) At the time of application, applicants must identify the primary gear
type they intend to employ during the license year. This declaration
of intent is for informational purposes only and is non-binding.
(c) The holder of a Commercial Fishing License may participate in any
fishery sector for which he/she holds an endorsement at Basic
Harvest and Gear Levels set by the Department pursuant to Rule 8.
(6.8-3) Principal Effort License
(a) Eligible applicants must present proof of Rhode Island residency and
pay an annual fee of one hundred and fifty dollars ($150) which
entitles them to fish in a single fishery endorsement category.
26
(b) At the time of application, applicants must identify the primary gear
type they intend to employ during the license year. This declaration
of intent is for informational purposes only and is non-binding.
(c) The holder of a Principal Effort License may participate in any
fishery sector for which he/she holds a fishery endorsement at Full
Harvest and Gear Levels as set by the Department pursuant to Rule
8.
(d) The holder of a Principal Effort License may also obtain a
Commercial Fishing License with applicable endorsements to fish
other sectors at Basic Harvest and Gear Levels, and/or obtain
additional fishery endorsements on his or her Principal Effort
License to fish other sectors at Full Harvest and Gear Levels, if such
endorsements are available for any given license year; provided that
a license holder may not hold both a Principal Effort and
Commercial Fishing License in the same fishery sector. The annual
fee for additional fishery endorsements on Principal Effort Licenses
is seventy-five dollars ($75) each.
(e) The holder of a Principal Effort License with a Quahaug
endorsement shall not be required to pay the annual fee for that
license if the license holder is at least sixty-five (65) years old as of
February 28 of the applicable license year.
(6.8-4) Multi-Purpose License
(a) Eligible applicants must present proof of Rhode Island residency and
pay an annual fee of three hundred dollars ($300).
(b) At the time of application, applicants must identify the fishery
endorsement sector or sectors into which they intend to place
significant fishing effort during the license year, as well as the
primary gear type they intend to employ. These declarations of
intent are for informational purposes only and are non-binding.
(c) The holder of a Multi-Purpose License may participate in all fishery
endorsement sectors at Full Harvest and Gear Levels as set by the
Department pursuant to Rule 8.
(6.8-5) Student Shellfish License
(a) Applicants must present proof of Rhode Island residency and pay an
annual fee of fifty dollars ($50).
(b) Applicants must be no older than twenty-three (23) years as of
February 28 of the license year.
(c) Applicants must present proof that they are full-time students in the
form of a notarized letter or transcript from the learning institution in
which they are enrolled.
27
(d) The holder of a Student Shellfish License may participate in the
Quahaug endorsement sector at Basic Harvest and Gear Levels as set
by the Department pursuant to Rule 8.
(e) The holder of a Student Shellfish License may also obtain a
Commercial Fishing License and/or a Principal Effort License, with
endorsements, to fish other sectors at Basic or Full Harvest and Gear
Levels, if such licenses or endorsements are available for any given
license year; provided that the holder of a Student Shellfish License
may not also hold a Commercial Fishing or Principal Effort License
with a quahaug endorsement.
(6.8-6) 65 and Over Shellfish License
(a) Applicants must present proof of Rhode Island residency.
(b) There is no fee.
(c) Applicants must be at least sixty-five (65) years old as of February
28 of the license year.
(d) The holder of a 65 and Over Shellfish License may participate in the
Quahaug endorsement sector at Basic Harvest and Gear Levels, as
set by the Department pursuant to Rule 8.
(e) The holder of a 65 and Over Shellfish License may also obtain a
Commercial Fishing License and/or a Principal Effort License, with
endorsements, to fish other fishery sectors at Basic or Full Harvest or
Gear Levels, if such licenses or endorsements are available for any
given license year; provided that the holder of a 65 and Over
Shellfish License may not also hold a Commercial Fishing or
Principal Effort License with a quahaug endorsement.
(6.8-7) Gear Endorsements
(a) Gear endorsement categories shall include Fish Trap and Gill Net.
(b) The Fish Trap gear endorsement shall allow the license holder to set
one or more fish traps in accordance with all applicable requirements
of RIGL Chapter 20-5. The annual fee shall be twenty dollars ($20)
per trap location for a three year period. Applicants who possessed a
valid Fish Trap gear endorsement as of the immediately preceding
year may obtain a Fish Trap endorsement for the immediately
following year, subject to the same terms and conditions in effect as
the immediately preceding year. New fish trap endorsement
opportunities shall be established by rule, pursuant to applicable
management plans.
(c) The Gill Net Gear Endorsement shall allow the license holder to set
a gill net in accordance with all applicable regulations. The annual
fee shall be twenty dollars ($20). Applicants who possessed a Gill
Net gear endorsement as of the immediately preceding year may
obtain a Gill Net endorsement for the immediately following year.
28
New gill net endorsement opportunities shall be established by rule,
pursuant to applicable management plans.
(d) By rule, the Department may add, eliminate, or modify gear
endorsement categories; in so doing, the Department will consider
the status of each fishery, levels of participation by existing license
holders, the impact of the gear type on fishing mortality, and the
provisions of applicable fisheries management plans and programs.
(6.8-8) Vessel Declaration
(a) Every vessel employed in the commercial fishery must be declared
with the Department at the time the owner/operator of such a vessel
first applies for or subsequently renews his/her fishing license; or if a
license has already been issued, prior to that vessel being used for
commercial fishing.
(b) Each such vessel must be individually and separately declared, on an
annual basis, and the required fee paid.
(c) The vessel declaration will include the name of the vessel and its
owner, its length and horsepower, displacement, registration and/or
federal permit number, gear type(s), principal fishery(s), and number
of crew.
(d) The annual fee for a vessel declaration is twenty-five dollars ($25)
per vessel for vessels up to and including twenty-five (25) feet in
length, plus fifty cents (50¢) per linear foot for each whole foot over
twenty-five (25) feet.
(e) A declared vessel will be issued decals, which must be prominently
displayed on the port and starboard bow, or on the port and starboard
sides of the console cabin or wheelhouse, or elsewhere on the port
and starboard sides of the vessel such that they are readily viewable.
The displayed decals must be updated annually.
(f) Declared vessels that are less than twenty-five (25) feet long may
obtain a vessel declaration plate upon payment of an additional
annual fee of fifteen dollars ($15). The vessel declaration of the
declared vessel may be temporarily transferred to another vessel less
than twenty-five (25) feet long by affixing the aforementioned plate
to that vessel. For purposes of this section, "temporary" shall mean
not more than sixty (60) days, with one sixty (60) day extension in
any given year by permission of the Department.
(6.9)
Licenses, Endorsements and Vessel Declarations; Non-Resident
(6.9-1) Non-Resident Fishery Endorsements
Any Commercial Fishing or Principal Effort License issued to a non-
resident pursuant to these regulations may, upon demonstration of
29
eligibility by the applicant, be endorsed to allow participation in the
following fishery sectors at levels established pursuant to Rule 8:
(a) Non-Restricted Finfish;
(b) Restricted Finfish.
(6-9-2) Non-Resident Commercial Fishing License
(a) Applicants must be at least eighteen (18) years old.
(b) The holder of a Non-Resident Commercial Fishing License may
participate in either or both fishery sectors for which he/she holds an
endorsement, provided that his/her state of residence does not
prohibit commercial licensing opportunities for Rhode Island
residents in finfish fisheries for which licensing opportunities are
available for residents of that state.
(c) The Marine Fisheries section of the Department of Environmental
Management, Division of Fish and Wildlife shall annually review
the regulations of the states of Massachusetts, Connecticut, and New
York to determine whether those states provide Rhode Island
residents the privileges referenced in subsection (b) above. For
applicants from any other state, it shall be the applicant's burden to
prove that his/her state of residence provides Rhode Island residents
the privileges referenced in subsection (b) above through a certified
copy of the relevant regulation. This copy is to be forwarded to the
Marine Fisheries section of the Department of Environmental
Management, Division of Fish and Wildlife for review and approval
a minimum of two weeks before a license may be issued.
(d) At the time of application, applicants must identify the primary gear
type they intend to employ during the license year. This declaration
of intent is for informational purposes only and is non-binding.
(e) The annual fee for a Non-Resident Commercial Fishing License
shall be one hundred and fifty dollars ($150) plus fifty dollars ($50)
per endorsement.
(6.9-3) Non-Resident Principal Effort License;
(a) Eligible applicants must demonstrate that their state of residence
complies with section 6.9-2(b) regarding treatment of Rhode Island
residents.
(b) The holder of a Non-Resident Principal Effort License may harvest,
land and sell any species of fish for which he/she holds the
appropriate endorsement(s) -- Restricted and/or Non-Restricted
Finfish -- at Full Harvest and Gear Levels established pursuant to
Rule 8.
30
(c) At the time of application, applicants must identify the primary gear
type they intend to employ during the license year. This declaration
of intent is for informational purposes only and is non-binding.
(d) The annual fee for a Non-Resident Principal Effort License shall be
four hundred dollars ($400), plus one hundred dollars ($100) per
endorsement.
(6.9-4) Non-Resident Vessel Declaration
(a) Applicants must comply with the requirements of subsection 6.8-8,
provided that temporary transfers of vessel declarations between
vessels less than twenty-five (25) feet in length via vessel declaration
plates are not permitted.
(b) The fee for a Non-Resident Vessel Declaration shall be fifty dollars
($50), plus one dollar and fifty cents ($1.50) for each whole foot
over twenty-five (25) feet in length overall.
(6.10) Landing Permits
(6.10-1) General Requirements
(a) A Landing Permit or a valid Rhode Island Resident or Non-Resident
Licenses with the appropriate fishery endorsements, but not both a
permit and license, is required to off-load any seafood product
legally harvested outside of Rhode Island waters for sale or intended
sale in Rhode Island, or to secure a vessel with the seafood products
on board to a shoreside facility where the products may be off-
loaded for sale or intended sale.
(b) If the operator of a vessel carrying seafood products notifies the
Department's Division of Law Enforcement at least four hours
before entering Rhode Island waters that he/she intends to dock in a
Rhode Island port for specified purposes other than landing, selling,
or offering that seafood for sale, and if permission to do so is first
obtained from the Division of Law Enforcement, no landing permit
or Rhode Island license is required.
(c) The Department will issue a Landing Permit upon proof that an
applicant holds a valid federal or non-Rhode Island state license or
permit(s) to harvest a given species or group of similar species,
provided that the Landing Permit so issued will only allow the
landing of those species authorized by said federal or state permit.
(d) A Landing Permit is issued to an individual and not a vessel,
although the vessel(s), which will generate the landings, must be
identified. The landing permit may not be transferred and does not
attach to a vessel when it is sold.
31
(e) The individual in charge of a vessel subject to this section must be in
possession of a Landing Permit issued to that individual in order for
that vessel to legally enter Rhode Island waters.
(f) Landing permits are not subject to the application deadline
provisions set forth under section 6.7-3.
(6.10-2) Resident Finfish Landing Permit
(a) The holder of a Resident Finfish Landing Permit may land, sell, or
offer for sale finfish species, in accordance with all applicable rules
and regulations governing those species.
(b) The annual fee for a Resident Finfish Landing Permit is two hundred
dollars ($200).
(6.10-3) Resident Shellfish Landing Permit
(a) The holder of a Resident Shellfish Landing Permit may land, sell, or
offer for sale surf clams, blue mussels, ocean quahaugs, or sea
scallops, including processed products, in accordance with all
applicable rules and regulations governing those species and
products.
(b) The annual fee for a Resident Shellfish Landing Permit is two
hundred dollars ($200).
(6.10-4) Resident Crustacean Landing Permit.
(a) The holder of a Resident Crustacean Landing Permit may land, sell,
or offer for sale any crustacean species, including lobster, in
accordance with all applicable rules and regulations governing those
species.
(b) The annual fee for a Resident Crustacean Landing Permit is two
hundred dollars ($200).
(6.10-5) Resident Multi-Purpose Landing Permit
(a) The holder of a Resident Multi-Purpose Landing Permit may land,
sell, or offer for sale any marine fishery species or product, in
accordance with all applicable rules and regulations governing those
species.
(b) The annual fee for a Resident Multi-Purpose Landing Permit is three
hundred dollars ($300).
(6.10-6) Resident Miscellaneous Landing Permit
(a) The holder of a Resident Miscellaneous Landing Permit may land,
sell or offer for sale any species or seafood products not specified
32
elsewhere in this subsection, in accordance with all applicable rules
and regulations governing those species and products.
(b) The annual fee for a Miscellaneous Landing Permit is two hundred
dollars ($200).
(6.10-7) Non-Resident Restricted Finfish Landing Permit
(a) The holder of a Non-Resident Restricted Finfish Landing Permit
may land, sell, or offer for sale restricted finfish species, in
accordance with all applicable rules and regulations governing those
species.
(b) The annual fee for a Non-Resident Restricted Finfish Landing
Permit is four hundred dollars ($400); however, this fee shall be
waived if the applicant also obtains a Non-Resident Multi-Purpose
License.
(c) New Non-Resident Restricted Finfish Landing Permits will only be
issued if the landing is charged to the quota of the state in which the
vessel making the landing is registered or documented; or, if the
state where the vessel making the landing is registered or
documented allows Rhode Island residents to land against its quota
for that species; or, if the Department pursuant to a duly adopted
fisheries management plan determines there to be excess harvesting
capacity in the Rhode Island commercial quota for that species.
(d) Renewal of Non-Resident Landing Permits for restricted finfish are
considered to be new permits subject to the provisions of subsection
6.10-7(c) unless the applicant can show evidence of Rhode Island
landings of more than one thousand pounds of that species per year
in four of the five years preceding the application. Having made that
demonstration, a holder of a Non-Resident Landing Permit for a
restricted species who held that permit as of the immediately
preceding year may renew it for the immediately following year as
set forth herein.
(e) If a non-resident vessel is upgraded by twenty percent (20%) or
more in length, displacement or horsepower, renewal of a Landing
Permit for restricted finfish will be considered a new permit
application, issuance of which is subject to the requirements of
subsection 6.10-7(c).
(6.10-8) Non-Resident Non-Restricted Finfish Landing Permit
(a) The holder of a Non-Resident Non-Restricted Finfish Landing
Permit may land, sell, or offer for sale non-restricted finfish species,
in accordance with all applicable rules and regulations governing
those species.
(b) The annual fee for a Non-Resident Non-Restricted Finfish Landing
Permit is four hundred dollars ($400);
33
(6.10-9) Non-Resident Shellfish Landing Permit
(a) The holder of a Non-Resident Shellfish Landing Permit may land,
sell, or offer for sale surf clams, blue mussels, ocean quahaugs, or
sea scallops, including processed products, in accordance with all
applicable rules and regulations governing those species and
products.
(b) The annual fee for a Non-Resident Shellfish Landing Permit is four
hundred dollars ($400).
(6.10-10) Non-Resident Crustacean Landing Permit.
(a) The holder of a Non-Resident Crustacean Landing Permit may land,
sell, or offer for sale any crustacean species, including lobster, in
accordance with all applicable rules and regulations governing those
species.
(b) The annual fee for a Non-Resident Crustacean Landing Permit is
four hundred dollars ($400).
(6.10-11) Non-Resident Multi-Purpose Landing Permit
(a) The holder of a Non-Resident Multi-Purpose Landing Permit may
land, sell, or offer for sale any marine fishery species or product,
except restricted finfish, in accordance with all applicable rules and
regulations governing those species and products.
(b) The annual fee for a Non-Resident Multi-Purpose Landing Permit is
six hundred dollars ($600).
(6.10-12) Non-Resident Miscellaneous Landing Permit
(a) The holder of a Non-Resident Miscellaneous Landing Permit may
land, sell or offer for sale any species or seafood products not
specified elsewhere in this section, in accordance with all applicable
rules and regulations governing those species and products.
(b) The annual fee for a Miscellaneous Landing Permit is four hundred
dollars ($400).
(6.11) Dealer's Licenses
(6.11-1) General Requirements
(a) No person, partnership, firm, association, or corporation shall sell,
purchase, barter or trade in any marine fisheries species unless
having first obtained a dealer's license as provided for in this section
34
for the applicable fishery; or unless the activity is exempt from
licensing requirements as set forth in subsection (b) below.
(b) Any person, partnership, firm, association, or corporation engaged
solely in the business of selling seafood to consumers, either directly
or through restaurants or other retail outlets, and/or engaged solely in
the processing or preparation of seafood for sale directly to
consumers, is not required to be licensed under these regulations,
provided that such person, partnership, firm, association, or
corporation purchases or otherwise acquires said seafood from
licensed dealers.
(c) Applicants for a dealer's license shall complete such forms
containing such information as the Department may require.
(d) Applicants for a dealer's license must demonstrate that they or their
registered agent maintain a fixed place of business in the State of
Rhode Island at which transaction records will be maintained and
made available for inspection during normal business hours.
(e) Each license is valid for the calendar year in which it is issued upon
payment of the required fee.
(f) A duly licensed dealer may transport any marine species otherwise
subject to the requirement that a person transporting such species
carry a Rhode Island commercial fishing license, so long as that
dealer can demonstrate by a bill of lading that the fish in question
had been sold by a duly licensed person.
(6.11-2) Multi-Purpose Dealer's License
(a) The holder of a Multi-Purpose Dealer's License may buy and sell all
wild marine fisheries species that may legally be landed in Rhode
Island, but only in the amounts specified by rule. Licensed multi-
purpose dealers may also buy and sell cultured marine fisheries
species in accordance with applicable rules and regulations.
(b) The annual fee is three hundred dollars ($300).
(6.11-3) Finfish Dealer's License
(a) The holder of a Finfish Dealer's License may buy and sell all wild
finfish species that may legally be landed in Rhode Island, but only
in the amounts specified by rule. Licensed finfish dealers may also
buy and sell cultured finfish species in accordance with applicable
rules and regulations.
(b) The annual fee is two hundred dollars ($200).
(6.11-4) Shellfish Dealer's License
(a) The holder of a Shellfish Dealer's License may buy and sell all wild
shellfish species that may legally be landed in Rhode Island, but only
35
in the amounts specified by rule. Licensed shellfish dealers may also
buy and sell cultured shellfish species in accordance with applicable
rules and regulations.
(b) The annual fee is two hundred dollars ($200).
(6.11-5) Lobster Dealer's License
(a) The holder of a Lobster Dealer's License may buy and sell all wild
crustacean species, including lobster, that may legally be landed in
Rhode Island, but only in the amounts specified by rule. Licensed
lobster dealers may also sell cultured crustacean species in
accordance with applicable rules and regulations.
(b) The annual fee is two hundred dollars ($200).
(6.12) Penalties
(6.12-1) Violations
(a) Violations of these regulations may subject the violator to the
revocation or suspension of any license, endorsement or permit
issued pursuant thereto.
(b) Revocations or suspensions may be appealed to the Administrative
Adjudication Division.
(6.12-2) False Statements
(a) Any person who willfully misrepresents any fact or facts required to
be provided in support of any license, endorsement, or permit
application provided for herein, or who is party to such willful
misrepresentation, shall be punished by a fine of not more than fifty
dollars ($50).
(b) Any license, endorsement, or permit obtained as a result of such
false statements or misrepresentations shall be null and void and
shall be surrendered to the Department forthwith.
(c) No new license, endorsement, or permit may be issued to any
violator of this section for a period of one (1) year from the date that
penalties are imposed.
(6.12-3) Alterations, Forgeries and Counterfeits
(a) Any person who falsely makes, alters, forges, or counterfeits, or who
causes to be falsely made, altered, forged or counterfeited, a license,
endorsement, or permit issued pursuant to these regulations, or who
shall have in his or her possession such a license, endorsement, or
permit, knowing it to be false, altered, forged or counterfeit is guilty
of a misdemeanor and subject to a fine of not more than five hundred
36
dollars ($500) and imprisonment for not more than ninety (90) days,
or both.
(b) No new license endorsement or permit may be issued to any violator
of this section for a period of one (1) year from the date that
penalties are imposed.
(6.12-4) Failure to Possess, Present or Display a Proper License, Permit or
Vessel Declaration
(a) Any person who fails to possess a valid, properly endorsed license,
permit, or vessel declaration while engaged in commercial fishing,
or fails or refuses to present or display said license, permit or
endorsement upon request by individuals authorized by the
Director, shall be guilty of a misdemeanor and subject to a fine of
not more then five hundred dollars ($500) and imprisonment for not
more than ninety (90) days, or both. Any such person may also be
subject to the seizure and forfeiture provisions under RIGL §§20-1-
8 and 20-1-8.1.
(b) Expiration. Unless otherwise specified in this title, all licenses
issued under this chapter shall be annual and shall expire on
December 31 of each year. It shall be unlawful for any person to
fish commercially in Rhode Island waters on an expired license
application. The grace periods set forth in RIGL§§ 20-2.1-4(g)(1)
and 20-2.1-4(g)4 above shall not extend the validity of any expired
license.
RULE 7.
AVAILABILITY OF NEW LICENSES AND ENDORSEMENTS FOR 2005
(7.1)
Multi-Purpose Licenses
No new Multi-Purpose Licenses shall be available for 2005, except
pursuant to sections 6.7-8 and 6.7-9.
(7.2)
Principal Effort Licenses
(a) No new Principal Effort Licenses shall be available for 2005, except
pursuant to sections 6.7-8 and 6.7-9.For applicants obtaining
Principal Effort Licenses via renewal, the following new
endorsements, in addition to the one(s) they qualify for, will be
available: Non-Lobster Crustacean (resident only), Non-Quahaug
Shellfish (resident only), and Non-Restricted Finfish.
(7.3)
Commercial Fishing Licenses
(a) New Commercial Fishing Licenses shall be available to any resident
or non-resident, provided that all applicable application requirements
are met.
37
(b) The following new endorsements will be available to all holders of
Commercial Fishing Licenses: Non-Lobster Crustacean (resident
only), Non-Quahaug Shellfish (resident only), and Non-Restricted
Finfish.
(c) A limited number of new Quahaug and Restricted Finfish
endorsements will also be available for 2005 for qualified applicants
pursuant to the exit/entry ratios set forth in section 6.1-10 herein and
the prioritization process established in section 6.7-7 herein and the
Management Plans for the Shellfish and Finfish Fishery Sectors.
(7.4)
Student and 65 and Over Shellfish Licenses
New Student and 65 and Over Shellfish Licenses shall be available
to any Rhode Island resident, provided that all applicable application
requirements are met.
(7.5)
Fish Trap Endorsements
No new Fish Trap gear endorsements shall be available for 2005,
unless specified via separate regulatory action undertaken by the
Director in accordance with RIGL Chapter 20-5.
(7.6)
Gill Net Endorsements
No new Gill Net gear endorsements shall be available for 2005,
except pursuant to sections 6.7-8 and 6.7-9 if deemed applicable by
the Director.
RULE 8.
HARVEST AND GEAR LEVELS 2005
(8.1)
Full Harvest and Gear Levels
The Full Harvest and Gear Levels, applicable to all holders of
Principal Effort Licenses for the fisheries for which they hold
endorsements, and to all holders of Multi-Purpose Licenses, shall be
the same harvest and gear restrictions in effect for all marine species
available for commercial harvest as of January 12005, subject to
modification, by rule, in accordance with the State's marine fisheries
management program.
(8.2)
Basic Gear and Harvest Levels
The Basic Harvest and Gear Levels, applicable to all holders of
Commercial Fishing Licenses for the fisheries for which they hold
endorsements, and to all holders of Student Shellfish and 65 and
Over Shellfish Licenses, shall be as follows:
38
(8.2-1) Lobster
A 100-pot limit, in addition to all other restrictions associated
with the Full Harvest and Gear Level for lobster.
(8.2-2) Non-Lobster Crustacean
The same restrictions associated with the Full Harvest and Gear
Level for non-lobster crustacean.
39
(8.2-3) Quahaug
A 3-bushel per day statewide limit, and a 1.5-bushel per
day limit within all management areas, in addition to all other
restrictions associated with the Full Harvest and Gear Level for
quahaug.
(8.2-4) Non-Quahaug Shellfish
The same restrictions associated with the Full Harvest and Gear
Level for non-quahaug shellfish.
(8.2-5) Restricted Finfish
To be determined via subsequent regulatory action.
(8.2-6) Non-Restricted Finfish
The same restrictions associated with the Full Harvest and Gear
Level for Non-Restricted Finfish.
RULE 9.
SEVERABILITY
If any provision of these Rules and Regulations, or the 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.
40
RULE 10
EFFECTIVE DATE
The foregoing Rules and Regulations Governing the Management of
Marine Fisheries after due notice, are hereby adopted and filed with the
Secretary of State this 12th day of November, 2004 to become effective
upon filing, unless otherwise indicated, in accordance with the
provisions of Chapters 20-1-2. 20-1-4, 20-3-2 through 20-3-6, 20-4, 20-
2.1-1 through 20-2.1-13, 20-5-1 through 20-5-21, 20-10, 42-35, 42-17.1,
42-17.6 of the General Laws of Rhode Island of 1956, as amended.
__________________________
Frederick J. Vincent
Acting Director
Notice Given: 9/4/04
Public Hearing: 10/4/04
Filing Date: 11/12/04
Effective Date: 20 days from filing