250-RICR-90-00-2
250-RICR-90-00-2. Commercial Marine Fishing Licenses, Landing Permits, and Party and Charter Licenses (version Adoption, 12/28/2009 to 01/18/2011)
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
December 8, 2009
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:
12/08/2009
Effective Date:
12/28/2009
1
Table of Contents
Page
Rule 1
Purpose
4
Rule 2
Authority
4
Rule 3
Application
4
Rule 4
Superceded Rules & Regulations
4
Rule 5
Definitions
5
Rule 6
General Management and Licensing Regulations
10
6.1. Management Controls
10
6.1-1
Fishery Endorsements
10
6.1-2
Harvest & Gear Levels
10
6.1-3
Regulation of Gear
10
6.1-4
Times & Seasons
10
6.1-5
Area Closures & Restrictions
10
6.1-6
Quotas
11
6.1-7
Catch and Landings Limits
11
6.1-8
Limits on Entry
11
6.1-9
Control Dates
11
6.1-10
Exit/Entry Ratios
11
6.1-11
Annual Promulgation of Rules 12
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
15
6.5-1
Annual Spending Plan
15
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
2
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, Transitions and Upgrades
18
6.7-5
Issuance of New Licenses and Endorsements; Generally
20
6.7-6
Issuance of New Commercial Fishing Licenses with
Quahaug, Restricted Finfish and/or Lobster Endorsements;
Generally
21
6.7-7
Issuance of New Commercial Fishing Licenses with
Quahaug, Restricted Finfish and/or Lobster Endorsements;
Automatic Eligibility for Family Members and Crew
Members of Retirees
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
23
6.7-10
Requests for Reconsideration of License Denials
24
6.7-11
Demonstration and Verification of Actively Fishing and
Actively Participating Standards
25
6.8
Licenses, Endorsements and Vessel Declarations; Resident
26
6.8-1
Fishery Endorsements
26
6.8-2
Commercial Fishing License
27
6.8-3
Principal Effort License
27
6.8-4
Multi-Purpose License
27
6.8-5
Student Shellfish License
28
6.8-6
65 and Over Shellfish License
28
6.8-7
Gear Endorsements
29
6.8-8
Vessel Declaration
29
6.8-9
Dockside Sales Endorsement
30
6.9 Licenses, Endorsements and Vessel Declarations; Non-Resident
31
6.9-1
Non-Resident Fishery Endorsements
31
6.9-2
Non-Resident Commercial Fishing License
31
6.9-3
Non-Resident Principal Effort License
32
6.9-4
Non-Resident Vessel Declaration
33
6.10 Landing Permits
33
6.10-1
General Requirements
33
6.10-2
Resident Finfish Landing Permit
34
6.10-3
Resident Shellfish Landing Permit
34
6.10-4
Resident Crustacean Landing Permit
34
6.10-5
Resident Multi-Purpose Landing Permit
34
6.10-6
Resident Miscellaneous Landing Permit
34
6.10-7
Non-Resident Restricted Finfish Landing Permit
35
6.10-8
Non-Resident Non-Restricted Finfish Landing Permit
35
6.10-9
Non-Resident Shellfish Landing Permit
36
6.10-10 Non-Resident Crustacean Landing Permit
36
6.10-11 Non-Resident Multi-Purpose Landing Permit
36
3
6.10-12 Non-Resident Miscellaneous Landing Permit
36
6.11 Dealer's Licenses
36
6.11-1
General Requirements
36
6.11-2
Multi-Purpose Dealer's License
37
6.11-3
Finfish Dealer's License
37
6.11-4
Shellfish Dealer's License
37
6.11-5
Lobster Dealer's License
38
6.12 Penalties
38
6.12-1
Violations
38
6.12-2
False Statements
38
6.12-3
Alterations, Forgeries & Counterfeits
38
6.12-4
Failure to Possess, Present or Display a Proper
License, Permit, or Vessel Declaration
39
Rule 7
Availability of New Licenses and Endorsements for 2010
39
7.1 Multi-Purpose Licenses
39
7.2 Principal Effort Licenses
39
7.3 Commercial Fishing Licenses
39
7.4 Student and 65 and Over Shellfish Licenses
40
7.5 Fish Trap Endorsements
40
7.6 Gill Net Endorsements
40
7.7 Purse Seine Endorsements and Mid-Water/Pair Trawl Endorsements 40
Rule 8
Harvest and Gear Levels for 2010
40
8.1 Full Harvest and Gear Levels
40
8.2 Basic Harvest and Gear Levels
41
8.2-1
Lobster
41
8.2-2
Non-Lobster Crustacean
41
8.2-3
Quahaug
41
8.2-4
Soft-shell Clam
41
8.2-5
Other Shellfish
41
8.2-6
Restricted Finfish
41
8.2-7
Non-Restricted Finfish
42
Rule 9
Severability
42
Rule 10
Effective Date
43
4
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,
Section 20-1-4, and Chapter 20-2.1, and in accordance with Chapter 42-35, 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
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.
5
RULE 5.
DEFINITIONS
(5.1)
“Actively Fishing.” – A license holder will be considered to have been actively
fishing that license/endorsement if he or she demonstrates 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. 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 section 6.7-11(e).
(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 calendar years,
with some of the fishing activity occurring in each of the 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. For the
purposes of these Rules and Regulations, affidavits must be on forms provided
by the Department.
(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)
“Application Deadline.” – February 28, or the first business day following
February 28 if that day falls on a Saturday, Sunday, or holiday. See subsection
6.7-3(c) for additional clarifications.
(5.7)
"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.
(5.8)
"Authorized Individual." - An Environmental Police Officer or any other
representative of the Director authorized to administer or enforce these
regulations.
(5.9)
“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.
6
(5.10) "Bill of Landing." - An invoice which identifies a shipment of fish, shellfish or
crustaceans as to seller, buyer, source, type, quantity and sale price.
(5.11) "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.
(5.12) "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).
(5.13) "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.
(5.14) "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.
(5.15) "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.
(5.16) “Commercial Fishing Vessel.” – Any vessel, boat or craft employed in the
harvesting of marine species commercially, which shall first be declared with
the Department.
(5.17) "Control Date." - A cut off date for potential use in establishing eligibility
criteria for future access to a fishery.
(5.18) "Crew." - An individual, aged sixteen (16) or older, 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.
(5.19) "Dealer." - A person, partnership, firm, association, or corporation licensed to
barter or trade in any marine species.
(5.20) "Department." - The Rhode Island Department of Environmental Management.
(5.21) "Director." - The Director of the Rhode Island Department of Environmental
Management.
(5.22) "Discards." - Fish, shellfish or crustaceans that are discarded overboard by
fishers because their possession is prohibited by regulations or for economic
reasons.
(5.23) “Dockside sales endorsement.” – A notation on a license or landing permit that
authorizes the holder to sell live lobsters and/or crabs directly to consumers at
dockside.
(5.24) “Endorsement.” – A notation on a license that indicates the right to harvest a
marine species or group of similar species, the right to utilize a particular type
of gear or harvesting method, or the right to sell a particular marine species or
group of similar species directly to consumers at dockside, in accordance with
applicable harvest and/or gear restrictions.
(5.25) “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
7
species; or a gear type or harvesting method that may be legally utilized by a
fisher whose license is properly endorsed.
(5.26) "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.
(5.27) "Family Member." - The spouse, mother, father, brother, sister, child or
grandchild of a licensed fisher.
(5.28) “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.
(5.29) "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.
(5.30) "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.
(5.31) “Fishery Sector.” – One of three general fishery classifications, each
encompassing two or more fishery endorsement categories: Shellfish
(encompassing Quahaug, Soft-shell Clam, and Other Shellfish); Finfish
(encompassing Restricted and Non-Restricted Finfish); and Crustacean
(encompassing Lobster and Non-Lobster Crustacean).
(5.32) "Fishing Community." - Individuals, families, businesses and other entities and
organizations who share common fishing interests regardless of their
geographic location.
(5.33) “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.
(5.34) "Gear." - Any device or mechanism other than a vessel employed to catch fish,
shellfish or crustaceans.
(5.35) "Gear Level." - As set by regulation, the amount, type capacity and design of
gear that may legally be employed in a given fishery.
(5.36) "Gill Net." - A net designed to catch fish by means of meshing or entanglement.
(5.37) “Grace period.” - Sixty (60) calendar days commencing on the day immediately
following the application deadline, as defined herein. The grace period is
applicable only to renewals of licenses from the immediately preceding year.
(5.38) "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.
(5.39) "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).
(5.40) "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
8
physical loss of function or impairment of a body part or parts, or debilitating
pain.
(5.41) "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.
(5.42) "License Year." - January 1 of any given year through December 31 of the
same year.
(5.43) “Licensed Captain.” – An individual who holds or held any commercial fishing
license or landing permit, issued by the Department, as set forth under sections
6.8, 6.9, or 6.10.
(5.44) "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.
(5.45) “Material Incapacitation.” – A significant and verifiable event, involving either
a medical condition or military service, that reasonably prevented the license
holder from meeting the actively fishing standard during the two calendar years
preceding the sale of the license holder’s vessel and gear. A short-term illness
or injury, which cannot be reasonably construed to have prevented the license
holder from meeting the actively fishing standard during the two-year period,
does not constitute a material incapacitation. Material incapacitation is further
defined in subsection 6.7-8(d).
(5.46) “Medical Hardship.” – An applicant’s significant medical condition that
prevents them from meeting the application requirements.
(5.47) "Non-Resident." Anybody who does not present proof of Rhode Island
residency.
(5.48) "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.
(5.49) "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.
(5.50) "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.
(5.51) "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.
9
(5.52) "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.
(5.53) "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.
(5.54) "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.
(5.55) "RIMFC." - The Rhode Island Marine Fisheries Council.
(5.56) "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).
(5.57) "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.
(5.58) "Season." - A period of time established by regulation during which
management rules specific to that period are in effect.
(5.59) "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.
(5.60) "Shellfish Dredge." - A mechanical device that is towed behind a fishing vessel
and whose purpose is to collect shellfish from the sea floor.
(5.61) "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.
(5.62) "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.
(5.63) "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, species landed, pounds landed, name of the seller, and license number of
the seller.
(5.64) "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.
(5.65) "Vessel Declaration." - Registration of a vessel as a commercial fishing vessel
with the Department as required herein.
(5.66) "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.
10
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) Soft-shell Clam;
(v) Other Shellfish -- all shellfish species available for commercial
harvest, except quahaug and soft-shell clams;
(vi) Restricted Finfish – scup, summer flounder, winter flounder,
tautog, striped bass, and black sea bass;
(vii) 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.
(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
11
(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 potential use in establishing 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 the potential establishment of eligibility criteria for future access
to a fishery and to 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) Control dates may only be established prospectively, unless a
retroactive control date is expressly required by federal law,
regulation or court decision.
(f) A control date of December 31, 2007 is established for the soft-shell
clam fishery in Rhode Island.
(e) A control date of December 31, 2007 is established for the purse
seine and mid-water/pair trawl fisheries in Rhode Island.
(6.1-10) Exit/Entry Ratios
(a) Restricted finfish – For every five licenses, eligible to harvest
restricted finfish, namely, Multi Purpose Licenses and Principal
12
Effort Licenses with a restricted finfish endorsement, that had some
reported landings of restricted finfish during the prior calendar year
and are retired, one new restricted finfish license/endorsement will
be made available; provided, that if the application of the exit/entry
ratio yields one or two endorsements, three endorsements will be
made available.
(b) Quahaug -- For every three licenses, eligible to harvest quahaug,
namely, Multi Purpose Licenses and Principal Effort Licenses with a
quahaug endorsement, that are retired, one new quahaug license/
endorsement will be made available; provided, that if the application
of the exit/entry ratio yields one or two endorsements, three
endorsements will be made available.
(c) Soft Shell Clam – For every five licenses, eligible to harvest soft
shell clam, namely, Multi Purpose Licenses, Principal Effort
Licenses with a soft shell clam endorsement, and Commercial
Fishing Licenses with a soft shell clam endorsement, that are retired,
one new soft shell clam license/endorsement will be made available;
provided, that if the application of the exit/entry ratio yields one or
two endorsements, three endorsements will be made available.
(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 December 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 section 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
the maximum sustainable yield from each fishery; and (ii) to
restore overfished or depleted stocks to sustainable levels.
13
(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
described on an annual basis no later than December 1 for the
following year, provided that said plans may continue in effect for
longer periods if it is determined that management conditions permit
14
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
December 1 for the following calendar year.
(d) 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 December 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;
(b) Age;
(c) Occupation;
(d) Residence address;
(e) Mailing address;
(f) Weight;
(g) Height;
(h) Hair color;
17
(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. The Department
will also notify all holders of Student Shellfish (if renewable), 65
and Over Shellfish, 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.
18
(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 Boat Registration and Licensing, 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, via the Department’s online renewal service at
www.ri.gov/DEM/commercial marine, 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 requirements of subsections 6.7-
3(c) or 6.7-3(e), or sections 6.7-8 or 6.7-9.
(e) Applications for renewal of licenses referenced in sections (c) and
(d) 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 on the day immediately
following the application deadline. Such renewal applications must
be made in person at the Department of Environmental Management,
Office of Boat Registration and Licensing, 235 Promenade Street,
Providence, 02908; or via mail at the same address; or electronically
via the Department’s online renewal service at
www.ri.gov/DEM/commercialmarine.
(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, Transitions and Upgrades
(a) Applicants who possessed a valid Commercial Fishing License with
Lobster (resident only), Quahaug (resident only), Soft-Shell Clam
(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), Other Shellfish
(resident only), and Non-Restricted Finfish – may be renewed
19
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 (resident only), Quahaug (resident only), Soft-Shell Clam
(resident only), 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), Other 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 (resident
only) as of the immediately preceding year may obtain a Multi-
Purpose License for the immediately following year; alternatively,
applicants who possessed a valid Multi-Purpose License (resident
only) as of the immediately prior year may obtain a Principal Effort
License with Quahaug (resident only), Soft-Shell Clam (resident
only), Other Shellfish (resident only), Lobster (resident only), Non-
Lobster Crustacean (resident only), Restricted Finfish, and/or Non-
Restricted Finfish endorsements for the immediately following year.
(d) Applicants who possessed a valid Student Shellfish License (resident
only) as of the immediately preceding year, and who have been
actively fishing their license, may obtain a Commercial Fishing
License with a Quahaug endorsement for the immediately following
year. This provision only applies to applicants who have not been
cited for a violation of Rhode Island’s marine fisheries laws or
regulations during the two-year period preceding the date of
application.
(e) Applicants who possessed a valid Commercial Fishing License with
Quahaug (resident only) and/or Restricted Finfish endorsement as of
the immediately preceding year, and who have been actively fishing
their endorsement, may obtain a Principal Effort License with the
same endorsement(s) for the immediately following year. This
provision only applies to applicants who have not been cited for a
violation of Rhode Island’s marine fisheries laws or regulations
during the two-year period preceding the date of application.
(f) 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.
(g) 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
20
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.
(h) The provisions of this section apply only to the license year
beginning on January 1, 2010, 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.
(i) Applicants who obtained a Principal Effort License with Lobster
endorsement in 2008 or any year thereafter must continue to hold a
Lobster Trap Allocation, pursuant to section 15.14 of Part XV of the
marine fisheries regulations, to be eligible for renewal.
(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 December 1 of the preceding year,
subject to the provisions set forth herein, and as further delineated in
Rules 7 and 8 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 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 fifteen (15)
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.
21
(6.7-6) Issuance of New Commercial Fishing Licenses with Quahaug, Soft-
Shell Clam, Restricted Finfish and/or Lobster Endorsements; Generally
(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, endorsed in the same
fishery sector (see section 5.31) for which a new license/
endorsement is being sought, who have been actively fishing that
endorsement, (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/endorsement is being
sought. One-third of the total number of new licenses with
applicable endorsements will be made available to each of the three
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, on a continuing basis.
(b) Second 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, endorsed in any
fishery sector, who have been actively fishing their license and (ii)
resident crew members who have been actively participating in any
fishery sector. One-half of the total number of new licenses with
applicable endorsements will be made available to each of the two
categories. If, in any of the categories, there are fewer eligible
applicants than there are licenses/endorsements available, then the
balance will be distributed to the other category. 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 as a crew member, on a continuing basis.
(c) Third priority in the issuance of new Commercial Fishing Licenses
with applicable endorsement(s) shall be given to any resident, aged
sixteen (16) or older.
(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, aged sixteen (16) or older.
(6.7-7) Issuance of New Commercial Fishing Licenses with Quahaug, Soft-
Shell Clam, Restricted Finfish and/or Lobster Endorsements; Automatic
Eligibility for Family Members or Crew Members of Retirees
(a) Anyone who is qualified as a priority applicant pursuant to
subsections 6.7-6(a) or 6.7-6(b) may automatically obtain a
22
Commercial Fishing License with applicable endorsement(s) if they
are the family member or crew member of a license holder (any
type) who has been actively fishing and who chooses not to renew
their license.
(b) The applicable endorsement(s) will be in the fishery sector(s) that
was/were being actively fished by the retiring license holder.
(c) Only one new license will be issued for each one retired.
(6.7-8) Issuance of New Licenses Upon Sale of Vessel and Gear
(a) This section applies only to purchasers, of vessels and gear, who are
residents.
(b) Transfer or sale of licenses and endorsements between the purchaser
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, pursuant to the terms and
conditions of this section.
(c) The new license/endorsement(s) issued to the purchaser by the
Department will generally correspond to the license/endorsement(s)
that were being actively fished by the seller. The Department may,
however, issue the new license/endorsement(s) at a lower harvest
and gear level than the license surrendered by the seller where
necessary to accomplish the purposes of the applicable 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.
(c) A seller of a vessel and gear who is unable to meet the actively
fishing standard due to a material incapacitation, as defined in
section 5.45, and as further described below, may seek consideration
pursuant to this section, provided that all terms and conditions of this
section are met.
i. In order to establish a material incapacitation on the basis of a
medical condition, a seller must present evidence, in the form of
notarized documentation, demonstrating that the seller or the
seller’s family member had a physical or mental impairment,
which prevented the seller from meeting the actively fishing
standard, during the two (2) calendar years preceding the sale of
the vessel and gear. The physical or mental impairment must
have involved inpatient care in a hospital, a nursing home, or a
hospice, or outpatient care requiring continuing treatment or
supervision by a health care provider. If the material
incapacitation involved a family member, evidence must be
presented demonstrating that the seller had a direct role in the
care of the family member.
23
ii. In order to establish material incapacitation on the basis of
military service, a seller must present appropriate
documentation (namely, form DD214) establishing that he/she
served, for one hundred eighty (180) or more days, either on
active duty in the armed forces or as a member of a national
guard or reserve component of the same, activated by order of
an appropriate state or federal authority, during the two (2)
calendar years preceding the sale of the vessel and gear.
iii. Sellers seeking consideration pursuant to this subsection may be
required to submit additional information, as deemed necessary
by the Department, in order to establish eligibility pursuant to
this subsection.
iv. A seller seeking to establish eligibility pursuant to this
subsection must have actively fished his or her license, as
defined in section 6.7-11, during the two (2) calendar years
preceding the onset of the material incapacitation.
(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
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
24
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
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
25
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; and consistency 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.
(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.
(6.7-11) Demonstration and Verification of Actively Fishing and Actively
Participating Standards
(a) To meet the standard of actively fishing, an applicant must be able to
demonstrate by dated transaction records that he or she has fished at
least seventy-five (75) days in the preceding two (2) calendar years.
Such fishing activity must have spanned the preceding two (2)
calendar years, meaning that some activity occurred in each of the
two (2) years. Such fishing activity may need to be in the same
fishery sector(s) or endorsement category(s) for which a new
license/endorsement is being sought, as specified in sections 6.7-4,
6.7-6, 6.7-7, 6.7-8, and 6.7-9 herein.
(b) Transaction records submitted in accordance with subsection (a)
above must correspond to fisheries in which the applicant is licensed
to fish commercially. Such transaction records shall be subject to
26
verification by the Department in accordance with dealer reports
submitted to the Department via the SAFIS reporting system.
(c) To meet the standard of actively participating, an applicant must be
able to demonstrate via one or more affidavits that they have worked
as a crew member for one or more licensed captains for at least
seventy-five (75) days in the preceding two (2) calendar years. Such
activity may need to be in the same fishery sector(s) or endorsement
category(s) for which a new license/endorsement is being sought, as
specified in sections 6.7-6 and 6.7-7.
(d) Affidavits submitted in accordance with subsection (c) above must
be on forms provided by the department and must be notarized.
(e) 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. Such documentation shall include properly
recorded and submitted logbooks, as well as some or all of the
following: receipts pertaining to the sales of lobsters and/or crabs to
consumers; income tax returns; trap tag orders; and receipts
pertaining to purchases of fuel, bait, and other supplies. The
Division of Fish and Wildlife shall determine whether the
documentation submitted by the license holder substantiates the
landings and associated fishing activity claimed by the license
holder.
(f) Any applicant seeking status in accordance with this section who
submits inadequate or improper documentation, such as insufficient
number or type of transaction records, bogus transaction records, or
affidavits that have not been notarized, will not be considered. Any
fraudulent submittals will be referred to the Department’s Office of
Law Enforcement for further investigation and possible
enforcement action. Fraud on the part of any existing license
holder, including a captain who signs an affidavit in support of a
claim of crew member status that turns out to be false or inaccurate,
may result in the suspension or revocation of the license held by the
existing license holder.
(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) Quahaug;
27
(d) Soft-shell clam;
(e) Other Shellfish;
(f) Non-Restricted Finfish;
(g) 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.
(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
28
(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.
(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.
29
(6.8-7) Gear Endorsements
(a) Gear endorsement categories shall include Fish Trap, Gill Net, Purse
Seine, and Mid Water/Pair Trawl.
(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. New gill
net endorsement opportunities shall be established by rule, pursuant
to applicable management plans.
(d) The Purse Seine and Mid Water/Pair Trawl gear endorsements shall
allow the license holder to set these gear types in accordance with all
applicable regulations. The holders of Purse Seine and/or Mid
Water/Pair Trawl gear endorsements must consent to carry an
observer on the vessel and/or on any spotter plane used as part of the
operation, per the request of the Division of Fish and Wildlife; must
report any/all landings of menhaden on a daily basis to the Division
of Fish and Wildlife; must report beginning, location, and cessation
of fishing activities on a daily basis to the Division of Enforcement;
and must obtain and have on board charts showing the known
locations of fixed-gear clusters, as provided by the Division of Fish
and Wildlife. The annual fee for each endorsement shall be twenty
dollars ($20). New Purse Seine or Mid Water/Pair Trawl
endorsement opportunities shall be established by rule, pursuant to
applicable management plans.
(e) 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
30
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.
(6.8-9) Dockside Sales Endorsement
(a) The endorsement shall enable the holder to sell live lobsters and
crabs directly to consumers at dockside. Only live lobsters and crabs
may be sold under the endorsement. Sales of shellfish and finfish to
anyone other than licensed dealers are prohibited.
(b) The endorsement shall be available to all Rhode Island license and
landing permit holders who are authorized to harvest and land for
sale lobsters and/or crabs. With regard to lobsters, such licenses and
permits shall include: multi-purpose license, principal effort license
with lobster endorsement, commercial fishing license with lobster
endorsement; resident and non-resident multi-purpose landing
permit; and resident and non-resident crustacean landing permit.
With regard to crabs, such licenses and permits shall include: multi-
purpose license; principal effort license with non-lobster
endorsement; commercial fishing license with non-lobster
endorsement; resident and non-resident multi-purpose landing
permit; and resident and non-resident crustacean landing permit.
(c) Individuals selling lobsters and crabs under the dockside sales
endorsement must at all times possess, and display upon request, a
31
current and proper license or landing permit, as set forth above; and
said license or permit must include a dockside sales endorsement.
(d) Only the licensee/permittee, or a regularly employed crew member
of the licensee/permittee, may sell lobsters and crabs at dockside
under the dockside sales endorsement. To be eligible to conduct
such sales, a crew member must first receive written authorization
from the licensee/permittee. Such authorization shall be in the form
of a type-written statement, signed and dated by the licensee/
permittee, that expressly authorizes the crew member to act on
behalf of the licensee/permittee with regard to dockside sales. The
statement shall further specify: the name of the crew member, the
name of the vessel from which the sales are conducted, and the
month and year that the crew member began working on the vessel.
The statement shall be kept on the vessel and be available at all
times for inspection by department personnel. A crew member who
is acting on behalf of a licensee/permittee in accordance with this
subsection must comply with all applicable regulations governing
dockside sales, as set forth herein, and the licensee/permittee shall be
responsible for any violations of regulations by the crew member.
(e) Licensees/permittees offering live lobsters and crabs for sale at
dockside must meet all applicable and current Federal and State laws
and regulations governing harvest and possession relating to the
species being sold.
(f) Licensees/permittees offering live lobsters and crabs for sale at
dockside must meet all applicable and current Federal, State, and
local laws and regulations governing retail sales operations,
including but not necessarily limited to those governing taxation,
signage, noise, and hours of operation.
(g) Licensees/permittees offering live lobsters and crabs for sale at
dockside may only sell live lobsters and crabs that they harvested,
and all sales must be made from the vessel that harvested the
product.
(h) Sales at dockside may only be to the final consumer – i.e. the
individual(s) who will be consuming the product -- and no resale of,
or commercial transaction involving, the product beyond the final
consumer is allowed.
(i) Licensees shall include, on all landing reports and other data
submitted to the National Marine Fisheries Service and/or the
department, the lobsters and crabs offered for sale at dockside to the
general public.
(j) The annual fee for the dockside sales endorsement shall be twenty-
five dollars ($25.00).
(k) The dockside sales endorsement is not subject to the application
deadline provisions as set forth in Rule 6.7-3; as such, the
endorsement shall be available at any time during the year to holders
of current and proper commercial fishing licenses and landing
permits issued by the department.
32
(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
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.
33
(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.
(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
34
identified. The landing permit may not be transferred and does not
attach to a vessel when it is sold.
(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
35
(a) The holder of a Resident Miscellaneous Landing Permit may land,
sell or offer for sale any species or seafood products not specified
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.
36
(b) The annual fee for a Non-Resident Non-Restricted Finfish Landing
Permit is four hundred dollars ($400);
(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
37
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
in the amounts specified by rule. Licensed shellfish dealers may also
38
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
dollars ($500) and imprisonment for not more than ninety (90) days,
or both.
39
(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 period set forth in Subsection 6.7-3(e) shall
not extend the validity of any expired license.
RULE 7.
AVAILABILITY OF NEW LICENSES AND ENDORSEMENTS FOR 2010
(7.1) Multi-Purpose Licenses
No new Multi-Purpose Licenses shall be available for 2010, except
pursuant to sections 6.7-8 and 6.7-9.
(7.2) Principal Effort Licenses
No new Principal Effort Licenses shall be available for 2010, 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), Other 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.
(b) The following new endorsements will be available to all holders of
Commercial Fishing Licenses: Non-Lobster Crustacean (resident
only), Other Shellfish (resident only), and Non-Restricted Finfish.
40
(c) A limited number of new Quahaug, Soft-Shell Clam, and Restricted
Finfish endorsements will also be available for 2010 for qualified
applicants pursuant to the exit/entry ratios set forth in section 6.1-10
and the prioritization process established in sections 6.7-6 and 6.7-7
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 2010,
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 2010,
except pursuant to sections 6.7-8 and 6.7-9 if deemed applicable by
the Director.
(7.7)
Purse Seine Endorsements and Mid Water/Pair Trawl Endorsements
New Purse Seine and Mid-Water/Pair Trawl Endorsements will be
issued annually, pursuant to subsection 6.8-7(d).
RULE 8.
HARVEST AND GEAR LEVELS FOR 2010
(8.1)
Full Harvest and Gear Levels
(a) 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 during the license year, subject to
modification, by rule, in accordance with the State's marine fisheries
management program.
(b) For lobsters, the full harvest and gear level shall be the number of
lobster traps authorized and specified by the license holder’s Lobster
Trap Allocation, issued in accordance with section 15.14 of Part XV
of the marine fisheries regulations. If using gear other than traps, the
full harvest and gear level shall be the non-trap landing limits set
forth in section 15.18 of Part XV of the marine fisheries regulations.
41
(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:
(8.2-1) Lobster
The same 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.
(8.2-3) Quahaug
A 3-bushel per day statewide limit, including all management areas,
in addition to all other restrictions associated with the Full Harvest
and Gear Level for Quahaug.
(8.2-4) Soft-shell Clam
The same restrictions associated with the Full Harvest and Gear
Level for Soft-shell Clam.
(8.2-5) Other Shellfish
The same restrictions associated with the Full Harvest and Gear
Level for Other Shellfish.
(8.2-6) Restricted Finfish
One half of the possession limits associated with the Full Harvest
Level for Restricted Finfish, along with all other restrictions
associated with the Full Harvest level for Restricted Finfish. If the
Full Harvest possession limit is an odd number of fish, than the
Basic Harvest possession limit will be rounded up, from one half, to
the next whole number.
(8.2-7) Non-Restricted Finfish
The same restrictions associated with the Full Harvest and Gear
Level for Non-Restricted Finfish.
42
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.
43
RULE 10
EFFECTIVE DATE
The foregoing Rules and Regulations Governing the Management of
Marine Fisheries after due notice, are hereby amended and filed with
the Secretary of State this 8th day of December, 2009 to become
effective 20 days after 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.
__________________________
W. Michael Sullivan, PhD
Director, Department of Environmental Management
Public Notice:
09/21/2009
Public Hearing:
10/21/2009
Filing Date:
12/08/2009
Effective Date:
12/28/2009