250-RICR-90-00-2
250-RICR-90-00-2. Commercial Marine Fishing Licenses, Landing Permits, and Party and Charter Licenses (version Amendment, 11/12/2014 to 11/12/2014)
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
DIVISION OF FISH AND WILDLIFE
Marine Fisheries
Commercial and Recreational Saltwater Fishing
Licensing Regulations
October 23, 2014
AUTHORITY: 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.
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Table of Contents
Page
1.
Purpose
6
2.
Authority
6
3.
Application
6
4.
Superceded Rules & Regulations
6
5.
Definitions
5
6.
General Management and Licensing Regulations
10
6.1
Management Controls
10
6.1-1
Fishery Endorsements
11
6.1-2
Harvest & Gear Levels
11
6.1-3
Regulation of Gear
11
6.1-4
Times & Seasons
11
6.1-5
Area Closures & Restrictions
11
6.1-6
Quotas
11
6.1-7
Catch and Landings Limits
12
6.1-8
Limits on Entry
12
6.1-9
Control Dates
12
6.1-10
Exit/Entry Ratios
12
6.1-11
Annual Promulgation of Rules
13
6.2
Management Plans
13
6.2-1
Required
13
6.2-2
Purpose & Content
13
6.2-3
Procedure for Adopting
14
6.3
Emergencies
15
6.4
Annual Report
15
6.4-1
Content
15
6.4-2
Due Date
15
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
16
6.5-3
Special Projects
16
6.6
Data Reporting
16
6.6-1
Required
17
6.6-2
Manner of Reporting
17
6.6.3
Collection and Use of Data
17
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Page
6.7
Licensing
17
6.7-1
Information Required
18
6.7-2
Other Requirements
18
6.7-3
Application Deadlines
18
6.7-4
License Renewals, Transitions and Upgrades
19
6.7-5
Issuance of New Licenses and Endorsements; Generally
21
6.7-6
Issuance of New Licenses and Endorsements; Prioritization
22
6.7-7
Issuance of New Licenses and Endorsements; Automatic
Eligibility for Family Members or Crew Members of Retirees
23
6.7-8
Issuance of New Licenses Upon Sale of Vessel & Gear
23
6.7-9
Issuance of New Licenses and Operator Permits Under
Hardship Conditions
24
6.7-10
Requests for Reconsideration of License Denials
25
6.7-11
Demonstration and Verification of Actively Fishing and
Actively Participating Standards
26
6.8
Licenses, Endorsements and Vessel Declarations; Resident
28
6.8-1
Fishery Endorsements
28
6.8-2
Commercial Fishing License
28
6.8-3
Principal Effort License
28
6.8-4
Multi-Purpose License
29
6.8-5
Student Shellfish License
29
6.8-6
65 and Over Shellfish License
30
6.8-7
Gear Endorsements
30
6.8-8
Vessel Declaration
31
6.8-9
Dockside Sales Endorsement
31
6.8-10
Research Set Aside Endorsement
33
6.8-11
Paper Catch and Effort Harvester and Dockside Sales
Logbook Endorsement
33
6.9
Licenses, Endorsements and Vessel Declarations; Non-Resident
34
6.9-1
Non-Resident Fishery Endorsements
34
6.9-2
Non-Resident Commercial Fishing License
34
6.9-3
Non-Resident Principal Effort License
35
6.9-4
Non-Resident Vessel Declaration
35
6.10
Landing Permits
35
6.10-1
General Requirements
35
6.10-2
Resident Landing Permit
36
6.10-3
Non-Resident Landing Permit with Restricted Finfish
36
6.10-4
Non-Resident Landing Permit
37
6.11
Dealer's Licenses
38
6.11-1
General Requirements
38
6.11-2
Multi-Purpose Dealer's License
38
6.11-3
Finfish Dealer's License
38
6.11-4
Shellfish Dealer's License
39
6.11-5
Lobster Dealer's License
39
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Page
6.12
Penalties
39
6.12-1
Violations
39
6.12-2
False Statements
39
6.12-3
Alterations, Forgeries & Counterfeits
39
6.12-4
Failure to Possess, Present or Display a Proper License, Permit,
or Vessel Declaration
40
7.
Availability of New Licenses and Endorsements for 2014
40
7.1
Multi-Purpose Licenses
40
7.2
Principal Effort Licenses
40
7.3
Commercial Fishing Licenses
41
7.4
Student and 65 and Over Shellfish Licenses
41
7.5
Fish Trap Endorsements
41
7.6
Gill Net Endorsements
41
7.7
Purse Seine Endorsements and Mid-Water/Pair Trawl Endorsements
41
7.8
Whelk Endorsements
41
8.
Harvest and Gear Levels for 2014
42
8.1
Full Harvest and Gear Levels
42
8.2
Basic Harvest and Gear Levels
42
8.2-1
Lobster
42
8.2-2
Non-Lobster Crustacean
42
8.2-3
Quahaug
42
8.2-4
Soft-shell Clam
42
8.2-5
Shellfish Other
42
8.2-6
Non-Restricted Finfish
43
8.2-7
Whelk
43
9.
Recreational Saltwater Fishing Licenses
43
9.1
General Provisions
43
9.2
Exemptions
43
10.
Vessel-Based Regulations
44
10.1
Vessels Fishing Recreationally
44
10.2
Party/Charter Vessels
44
10.3
Vessels Fishing Commercially
45
10.4
Vessels Fishing in More Than One Mode
45
11.
Severability
46
12.
Effective Date
46
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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.
2. AUTHORITY
These Rules and Regulations are promulgated pursuant to Chapter 42-17.1, Section 20-1-4,
Chapter 20-2.1, and Chapter 20-2.2, and in accordance with Chapter 42-35, of the Rhode Island
General Laws of 1956, as amended.
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.
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. 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. Evidence as to days fished may be supplemented by one or more Vessel Trip Reports,
which specifically reference the license holder’s name and license number, and correspond to
dated transaction records, where in the determination of the Department such dates are verified
by dealer reports to the Department; where such reports verifiably reflect two or more calendar
days at sea during a single trip, those days may be used to establish fishing activity. For the
purpose of this definition the term “day” shall mean any 24-hour period or part thereof.
A license holder with a dockside sales endorsement who sells all of his or her lobster and/or
crab landings dockside may utilize documentation other than dated transaction records to
establish fishing activity, pursuant to the standards and criteria set forth in 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
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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.
(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.
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(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 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.
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(5.27) "Family Member." - The spouse, mother, father, brother, sister, child or grandchild of a
licensed fisher. Spouse shall include a person who is currently a party to a marriage that was
legally recognized in the state or territory in which the marriage was solemnized.
(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,
Whelk, 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).
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(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 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,
issued by the Department, as set forth under sections 6.8, or 6.9.
(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.
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(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.
(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.
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(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." - Declaration 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.
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)
Shellfish Other: all shellfish species available for commercial harvest,
except quahaug and soft-shell clams;
(vi)
Restricted Finfish: scup (only from May 1 through October 31; scup shall
be considered Non-Restricted January 1 through April 30, and November 1 through
December 31), summer flounder, tautog, striped bass, and black sea bass;
(vii)
Non-Restricted Finfish: all species of finfish and squid available for
commercial harvest except the five species specified in the restricted finfish
endorsement category; and
(viii) Whelk: all whelk species available for commercial harvest.
(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.
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(c) By rule, the Department shall set, and may periodically adjust, Full and Basic
Harvest and Gear Levels on a fishery- or endorsement-specific basis, consistent with
state and/or federally sanctioned fisheries management plans or programs.
(6.1-3) Regulation of Gear
(6.1-4) Times and Seasons
(6.1-5) Area Closures and Restrictions
(6.1-6) Quotas
(6.1-7) Catch and Landings Limits
(6.1-8) Limits On Entry
(a) By rule, the Department may limit entry into a fishery by license type or
endorsement category, where a state and/or federally sanctioned fisheries management
plan finds that fishing effort is at or exceeds sustainable levels.
(b) By rule, the Department may establish entrance/exit ratios, lotteries, waiting lists, or
other allocation measures as a means for limiting entry pursuant to subsection 6.1-8(a).
(c) Any/all limits on entry for each license type and/or endorsement shall be annually
prescribed herein in Rule 7.
(6.1-9) Control Dates
(a) By rule, the Department may establish control dates, which shall serve as cut-off
dates for 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.
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(6.1-10) Exit/Entry Ratios
(a) Restricted finfish – For every one license, eligible to harvest restricted finfish,
namely, Multi Purpose Licenses and Principal 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 Principal Effort License with restricted finfish
endorsement will be made available; provided, that if the application of the exit/entry
ratio yields a value less than a multiple of three endorsements, the number of
endorsements will be rounded up to yield a multiple of three endorsements.
(b) Quahaug -- For every two licenses, eligible to harvest quahaug, namely, Multi
Purpose Licenses and Principal Effort Licenses with a quahaug endorsement, that are
retired, one new Commercial Fishing License with quahaug endorsement will be made
available; provided, that if the application of the exit/entry ratio yields one or two
licenses/endorsements, three licenses/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 Commercial Fishing License with soft shell clam endorsement
will be made available; provided, that if the application of the exit/entry ratio yields one
or two licenses/endorsements, three licenses/endorsements will be made available.
(6.1-11) Annual Promulgation of Rules
(a) 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
(a) 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.
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(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 or may be
adjusted more frequently if it is determined that management conditions require.
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(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
(a) 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
(a) 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
(a) The annual report on marine fisheries resources shall be issued no later than
September 15 for the calendar year preceding.
(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.
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(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
(a) 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.
(c) The Department may amend reporting requirements, no later than December 1 for
the following calendar year.
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(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;
(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.
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(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.
(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.
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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 Whelk
(resident only) 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), Shellfish Other (resident only), and
Non-Restricted Finfish – may be renewed without restriction. Non-resident applicants
must demonstrate that their state of residence complies with the reciprocity
requirements set forth under Section 6.9.
(b) Applicants who possessed a valid Principal Effort License with Lobster (resident
only), Quahaug (resident only), Soft-Shell Clam (resident only), Restricted Finfish,
and/or Whelk (resident only) 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), Shellfish Other (resident only), and Non-
Restricted Finfish – may be renewed without restriction. Non-resident applicants must
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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), Shellfish Other (resident
only), Lobster (resident only), Non-Lobster Crustacean (resident only), Restricted
Finfish, Non-Restricted Finfish, and/or Whelk (resident only) 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 65 and Over 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.
(f) Applicants who possessed a valid Commercial Fishing License with Quahaug
(resident only) 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 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.
(g) Applicants who possessed a valid Commercial Fishing or Principal Effort License
with Quahog and/or Soft-Shell Clam endorsement and have actively fished said
endorsement as of the immediately preceding year may obtain a Whelk endorsement
for the immediately following year.
(h) 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.
(i) 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.
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(j) Non-resident applicants who possessed a valid Landing Permit as of the immediately
preceding year may obtain a Landing Permit for the immediately following year for the
fishery or fisheries for which they were permitted as of the immediately preceding year,
provided that in the case of Restricted Finfish, such applicants must meet the
qualifications set forth in section 6.10-7. In addition, any such applicant may also
obtain new Landing Permits pursuant to the eligibility requirements set forth in section
6.10.
(k) Renewal of Licenses and Landing Permits for Individuals Returning From Active
Service – Anyone holding a valid license and/or landing permit at the time he or she
enters active military service may have their license and/or permit renewed
immediately upon returning from such service, upon presentation of written creditable
documentation, such as form DD214, demonstrating the continuity of active duty
service since the license or permit had previously been obtained or renewed. The
license and/or permit eligible for immediate renewal shall be the same license and/or
permit held at the time the individual entered active service.
(l) The provisions of this section apply only to the license year beginning on January 1,
2014, 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.
(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
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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.
(6.7-6) Issuance of New Licenses and Endorsements; Prioritization
(a) First priority in the issuance of new 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. If the selection of qualified applicants cannot be resolved
equitably by the initial prioritization and lottery process, and if the number of
remaining endorsements cannot be distributed evenly between the remaining
categories, the number of remaining endorsements will be rounded up to provide each
remaining category with the necessary endorsement(s) required to complete the
selection process.
(b) Second priority in the issuance of new 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. If the
selection of qualified applicants cannot be resolved equitably by the initial
prioritization and lottery process, and if the number of remaining endorsements cannot
be distributed evenly between the remaining categories, the number of remaining
endorsements will be rounded up to provide each remaining category with the
necessary endorsement(s) required to complete the selection process.
(c) Third priority in the issuance of new licenses with applicable endorsement(s) shall
be given to any resident, aged sixteen (16) or older.
(d) Fourth priority in the issuance of new licenses with applicable (i.e., restricted
finfish) endorsement shall be given to any non-resident, aged sixteen (16) or older.
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(6.7-7) Issuance of New Licenses and 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 Commercial Fishing License with applicable
endorsement(s), or a Principal Effort License with a Restricted Finfish Endorsement, 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.
(d) 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.
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(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 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
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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 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:
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(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, and for multiple-day trips, Vessel Trip Reports, that he or
she has fished at least seventy-five (75) days in the preceding two (2) calendar years,
pursuant to a valid RI license. 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, and Vessel Trip Reports, if applicable, submitted in
accordance with subsection (a) above, must correspond to fisheries in which the
applicant is licensed to fish commercially. Such transaction records, and Vessel Trip
Reports if applicable, shall be subject to verification by the Department in accordance
with dealer reports submitted to the Department via the SAFIS reporting system.
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(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 paid crew member
for one or more licensed captains for at least seventy-five (75) days in the preceding
two (2) calendar years. To be considered a paid crew member the crew member must
have valid record of being paid by the vessel owner or person licensed to fish
commercially such as a W-2 form, 1099 form, and/or paycheck stub from a financial
institution. 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) Affidavits submitted in accordance with subsection (c) above must reflect activity
conducted upon a vessel that was commercially declared, in accordance with section
6.8-8, during the period of activity.
(f) 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.
(g) Any applicant seeking status in accordance with this section who submits
inadequate or improper documentation, such as insufficient number or type of
transaction records, invalid transaction records, Vessel Trip Reports, 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.
(h) Transaction records established in SAFIS which are recorded on an applicant’s
Landing Permit (6.10) may be considered for the verification of activity standards
provided that the applicant also possesses a Commercial Fishing License (6.8-2),
Principal Effort License (6.8-3), or Multipurpose Fishing License (6.8-4) which was
valid at the time of the activity being considered.
(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
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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;
(d) Soft-shell clam;
(e) Shellfish Other;
(f) Non-Restricted Finfish;
(g) Restricted Finfish;
(h) Whelk
(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) 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) 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.
(c) 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.
(d) The holder of a Commercial Fishing License or 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. The license holder is still required to pay the fee for the Non-Lobster
Crustacean (6.8-1 (a)), Lobster (6.8-1 (b)), Non-Restricted Finfish (6.8-1(f)), Restricted
Finfish (6.8-1 (g)) as well as all additional Gear (6.8-7), dockside sales (6.8-9), logbook
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(6.8-11) endorsements on their Commercial Fishing License or Principal Effort
License.
(6.8-4) Multi-Purpose License
(a) Eligible applicants must present proof of Rhode Island residency and pay an annual
fee of three hundred dollars ($300).
(b) 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.
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(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 and the application requirements are met for any given license year;
provided that the holder of a 65 and Over Shellfish License may not also hold a
Commercial Fishing or Principal Effort License with a quahaug endorsement.
(6.8-7) Gear Endorsements
(a) Gear endorsement categories shall include Fish Trap, 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
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(a) Every vessel employed in the commercial fishery must be declared with the
Department at the time the owner/operator of such a vessel first applies for or
subsequently renews his/her fishing license; or if a license has already been issued,
prior to that vessel being used for commercial fishing.
(b) Each such vessel must be individually and separately declared, on an annual basis,
and the required fee paid.
(c) The vessel declaration will include the name of the vessel and its owner, its length
and horsepower, displacement, registration and/or federal permit number, gear type(s),
principal fishery(s), and number of crew.
(d) The annual fee for a vessel declaration is twenty-five dollars ($25) per vessel for
vessels up to and including twenty-five (25) feet in length, plus fifty cents (50¢) per
linear foot for each whole foot over twenty-five (25) feet.
(e) A declared vessel will be issued decals, which must be prominently displayed on
the port and starboard bow, or on the port and starboard sides of the console cabin or
wheelhouse, or elsewhere on the port and starboard sides of the vessel such that they
are readily viewable. The displayed decals must be updated annually.
(f) Declared vessels that are less than twenty-five (25) feet long may obtain a vessel
declaration plate upon payment of an additional annual fee of fifteen dollars ($15). The
vessel declaration of the declared vessel may be temporarily transferred to another
vessel less than twenty-five (25) feet long by affixing the aforementioned plate to that
vessel. For purposes of this section, "temporary" shall mean not more than sixty (60)
days, with one sixty (60) day extension in any given year by permission of the
Department.
(6.8-9) 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; and resident and non-resident landing permit. With regard to
crabs, such licenses and permits shall include: multi-purpose license; principal effort
license with non-lobster crustacean endorsement; commercial fishing license with non-
lobster crustacean endorsement; and resident and non-resident landing permit.
(c) The purchase of a dockside sales endorsement will ensure that the
licensee/permittee receives a paper dockside sales logbook.
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(d) A licensee/permittee who declared their reporting method as a federal vessel trip
report is required to report all dockside sales via the paper dockside sales logbook.
(e) Individuals selling lobsters and crabs under the dockside sales endorsement must at
all times possess, and display upon request, a current and proper license or landing
permit, as set forth above; and said license or permit must include a dockside sales
endorsement.
(f) 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.
(g) 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.
(h) 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.
(i) 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, unless otherwise authorized by the Director.
(j) 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.
(k) 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.
(l) The annual fee for the dockside sales endorsement shall be twenty-five dollars
($25.00).
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(m) 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.
(n) All dockside sales reports and reports of no sales activity are due to the Division of
Fish and Wildlife quarterly.
(6.8-10)
Research Set Aside (RSA) Endorsement
(a) The RSA endorsement shall enable the holder to land marine species, for sale, in
Rhode Island, in accordance with RSA quota obtained from the National Marine
Fisheries Service.
(b) The endorsement shall be automatically available to anyone who obtains an
Exempted Fishing Permit from the department, allowing for the harvest and/or landing
of RSA quota in Rhode Island.
(c) Both the endorsement and the permit must be obtained prior to the landing of any
RSA quota for state quota monitored species in Rhode Island.
(d) Upon presentation of an approved and valid Exempted Fishing Permit from the
Department, an RSA endorsement will be issued.
(e) The annual fee for the issuance of an RSA endorsement for state quota monitored
species shall be twenty-five dollars ($25).
(f) The RSA 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 Exempted
Fishing Permits, issued by the Department.
(6.8-11)
Paper Catch and Effort Harvester and Dockside Sales Logbooks
Endorsement
(a) The logbook endorsement shall enable the holder to obtain a paper harvester catch
and effort logbook, printed by RIDFW, that will be used to report all catch and effort
information required by RIGL 20-4-5.
(b) The endorsement shall be automatically available to anyone who holds a Rhode
Island landing permit, multipurpose fishing license, commercial fishing license or a
principle effort license with restricted or non-restricted finfish, lobster or non-lobster
crustacean, horseshoe crab – biomedical, horseshoe crab - bait or whelk endorsements.
(c) At the time of initial license/permit purchase or license/permit renewal, the
applicant is required to declare a reporting method: harvester catch and effort logbook,
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federal vessel trip report, or e-TRIPS. The harvester catch and effort logbook and e-
TRIPS reporting methods cannot be declared together.
(d) If the declared reporting method is harvester catch and effort logbook, the applicant
is required to purchase the logbook endorsement at time of initial license/permit
purchase or license/permit renewal.
(e) Paper harvester catch and effort logbook submissions will not be accepted by
RIDFW to meet the license holder’s reporting requirement from any license holder who
does not have the logbook endorsement.
(f) All trips via electronic or paper recording, are required to be filled out before the
start of the next trip, and at a minimum, both trip reports and did not fish reports are
due to the Division of Fish and Wildlife quarterly.
(g) The annual fee for the issuance of a logbook endorsement shall be twenty-five
dollars ($25).
(h) The logbook endorsement is subject to the application deadline provisions as set
forth in Rule 6.7-3.
(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
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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) The annual fee for a Non-Resident Commercial Fishing License shall be one
hundred and fifty dollars ($150) plus fifty dollars ($50) per endorsement.
(6.9-3) Non-Resident Principal Effort License;
(a) Eligible applicants must demonstrate that their state of residence complies with
section 6.9-2(b) regarding treatment of Rhode Island residents.
(b) The holder of a Non-Resident Principal Effort License may harvest, land and sell
any species of fish for which he/she holds the appropriate endorsement(s) -- Restricted
and/or Non-Restricted Finfish -- at Full Harvest and Gear Levels established pursuant
to Rule 8.
(c) 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 offloaded 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
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is first obtained from the Division of Law Enforcement, no landing permit or Rhode
Island license is required.
(c) The Department will issue a Landing Permit upon proof that an applicant holds a
valid federal or non-Rhode Island state license or permit(s) to harvest a given species or
group of similar species, provided that the Landing Permit so issued will only allow the
landing of those species authorized by said federal or state permit.
(d) A Landing Permit is issued to an individual and not a vessel, although the vessel(s),
which will generate the landings, must be identified. The landing permit may not be
transferred and does not attach to a vessel when it is sold.
(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 Landing Permit
(a) The holder of a Resident 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 Landing Permit is two hundred dollars ($200).
(c) This landing permit category consolidates the following permit types under one
streamlined permit:
(i) Resident Finfish Landing Permit;
(ii) Resident Crustacean Landing Permit;
(iii) Resident Shellfish Landing Permit;
(iv) Resident Miscellaneous Landing Permit;
(v)
Resident Multipurpose Landing Permit
(6.10-3) Non-Resident Landing Permit with Restricted Finfish
(a) The holder of a Non-Resident Landing Permit with Restricted Finfish may land,
sell, or offer for sale any marine fishery species or product including restricted finfish
species, in accordance with all applicable rules and regulations governing those species.
(b) The annual fee for Non-Resident Landing Permit with Restricted Finfish is four
hundred dollars ($400).
(c) New Non-Resident Landing Permit with Restricted Finfish will only be issued if the
landing is charged to the quota of the state in which the vessel making the landing is
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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 Permit with 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 with Restricted Finfish 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 Non-Resident Landing Permit with
Restricted Finfish will be considered a new permit application, issuance of which is
subject to the requirements of subsection 6.10-7(c).
(f) This landing permit category consolidates the following permit types under one
streamlined permit:
(i) Non-Resident Restricted Finfish Landing Permit
(6.10-4) Non-Resident Landing Permit
(a) The holder of a Non-Resident 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 Landing Permit is four hundred dollars ($400).
(c) This landing permit category consolidates the following permit types under one
streamlined permit:
(i) Non Resident Finfish Landing Permit;
(ii) Non Resident Crustacean Landing Permit;
(iii) Non Resident Shellfish Landing Permit;
(iv) Non Resident Miscellaneous Landing Permit;
(v)
Non Resident Multipurpose Landing Permit
(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
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provided for in this section 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
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(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 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
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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.
(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.
7. AVAILABILITY OF NEW LICENSES AND ENDORSEMENTS FOR 2014
(7.1) Multi-Purpose Licenses: No new Multi-Purpose Licenses shall be available for 2014,
except pursuant to sections 6.7-8 and 6.7-9.
(7.2) Principal Effort Licenses
(a) A limited number of new Principal Effort Licenses with Restricted Finfish
endorsements will be available for 2014 for qualified applicants pursuant to the exit/entry
ratio set forth in section 6.1-10 and the prioritization process established in sections 6.7-6
and 6.7-7 and the Management Plan for the Finfish Sector.
(b) No other new Principal Effort Licenses shall be available for 2014, except pursuant to
sections 6.7-8 and 6.7-9.
(c) 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), Shellfish Other (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.
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(b) The following new endorsements will be available to all holders of Commercial Fishing
Licenses: Non-Lobster Crustacean (resident only), Shellfish Other (resident only), and
Non-Restricted Finfish.
(c) A limited number of new Commercial Fishing Licenses with Quahaug and Soft-Shell
Clam endorsements will also be available for 2014 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 Plan for the Shellfish Sector.
(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
2014, 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
2014, 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).
(7.8)
Whelk Endorsements: No new Whelk endorsements shall be available for 2014, except
pursuant to subsection 6.7-4(f).
8. HARVEST AND GEAR LEVELS FOR 2014
(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.
(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:
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(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) Shellfish Other: The same restrictions associated with the Full Harvest and Gear
Level for Shellfish Other.
(8.2-6) Non-Restricted Finfish: The same restrictions associated with the Full Harvest and
Gear Level for Non-Restricted Finfish.
(8.2-7) Whelk: The same restrictions associated with the Full Harvest and Gear level for
Whelk.
9. RECREATIONAL SALTWATER FISHING LICENSES
(9.1)
General Provisions
(a) It shall be unlawful for any person to fish or spearfish recreationally for finfish or squid
in the marine waters of Rhode Island without a valid and current recreational saltwater
fishing license.
(b) For the purpose of this section, an individual will be considered to be fishing or
spearfishing recreationally if they are engaged in the process of angling via the use of any
type of hook and line, or spearfishing via the use of any type of spear or powerhead, or if
they possess equipment used for angling or spearfishing and are in possession of finfish or
squid.
(c) A valid and current recreational saltwater fishing license may include: a RI recreational
saltwater fishing license, a recreational saltwater fishing license from a reciprocal state, or
a national saltwater angler registration.
(d) Reciprocal states are listed at saltwater.ri.gov.
(e) Anglers and spearfishers must be in possession of, or within close proximity to, their
license at all times while engaged in angling or spearfishing. The term close proximity
shall be construed to mean aboard a vessel, on which or from which an individual is
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angling or spearfishing; or, for shore-based anglers, or spearfishers, within a nearby car or
other location that is within walking distance from the point of exit from the water.
(f) Anglers and spearfishers shall present a valid and current recreational saltwater fishing
license for inspection upon demand by an authorized law enforcement officer.
(g) Failure to meet the terms of this section shall be deemed a violation, subject to the
penalties set forth under RIGL section 20-2.2-8.
(9.2)
Exemptions
(a) No license is required for: anglers or spearfishers who are under 16 years of age;
anglers or spearfishers on party or charter boats that are licensed in accordance with RIGL
section 20-2-27.1; licensed party or charter boat operators when fishing in party/charter
mode; anglers or spearfishers who are on leave from active military duty; anglers or
spearfishers who are blind or permanently disabled; anglers or spearfishers who hold
federal Highly Migratory Species Angling Permits, issued under their name of the angler or
spearfisher; anglers or spearfishers who are fishing or spearfishing during a free-fishing
day, designated by the director; or anyone who is fishing commercially in accordance with
a current and valid commercial fishing license.
(b) Where appropriate, anglers or spearfishers who are exempt shall carry applicable proof,
and present such proof, along with a photo ID, upon demand by an authorized law
enforcement officer.
10. VESSEL-BASED REGULATIONS
(10.1) Vessels Fishing Recreationally
(a) Any vessel – including a commercially declared and/or licensed party/charter vessel –
may fish in recreational mode, in accordance with all applicable recreational regulations.
(b) With regard to all species that are not subject to per-vessel restrictions, compliance with
possession limits while fishing in recreational mode shall be determined by dividing the
total number of fish aboard the vessel by the total number of licensed or exempt
recreational fishers or spearfishers aboard the vessel.
(c) If a vessel makes more than one trip in recreational mode per day, the catches
attributable to the same licensed or exempt fishers or spearfishers who go out again are
cumulative.
(10.2) Party/Charter Vessels
(a) Only party/charter vessels licensed in accordance with RIGL section 20-2-27.1 may fish
in party/charter mode.
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(b) A vessel is fishing in party/charter mode whenever the vessel is carrying one or more
passengers for hire for the purpose of engaging in recreational fishing or spearfishing.
(c) Vessels fishing in party/charter mode must adhere to all applicable recreational, or
party/charter, regulations.
(d) With regard to all species that are not subject to per-vessel restrictions, compliance with
possession limits while fishing in `party/charter mode shall be determined by dividing the
total number of fish aboard the vessel by the total number of recreational fishers or
spearfishers aboard the vessel.
(e) If a vessel makes more than one trip in party/charter mode per day, the catches
attributable to the captain and mate are cumulative.
(10.3) Vessels Fishing Commercially
(a) Only vessels that are commercially declared, pursuant to section 6.8-8 herein, may fish
in commercial mode.
(b) A vessel is fishing in commercial mode whenever the vessel is engaged in the process
of taking, harvesting, holding, transporting, loading or off-loading marine species for sale
or intended sale.
(c) Vessels fishing in commercial mode must adhere to all applicable commercial
regulations.
(d) Vessels making more than one commercial trip per calendar day are bound by all
applicable per-vessel, per-day possession limits.
(e) Vessels making more than one commercial trip per calendar day must have onboard a
RI catch and effort logbook or a federal VTR, and the logbooks or VTRs must be
completed prior to the initiation of the second commercial or recreational fishing trip on the
same day. An exemption from carrying the RI catch and effort logbook shall be granted for
vessels which are operated by licensed captains who are enrolled and currently active
participants in the eTrips electronic reporting program. The eTrips report of the first
commercial or recreational fishing trip must be entered prior to the initiation of the second
commercial or recreational fishing trip on the same day.
(f) A commercially declared vessel, fishing in commercial mode, may not possess or land
more than the per-vessel limit; however, a portion of the catch may be retained for (non-
commercial) personal use, provided that the amount of fish retained for personal use must
be recorded in the licensee’s commercial logbook.
(g) Any vessel fishing commercially, including any vessel fishing commercially using rod
and reel, may utilize, without restriction, any number of unlicensed crew members to assist
with any commercial operations.
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(h) For all commercial fisheries except shellfish, any number of unlicensed crews may
assist in direct commercial harvest operations regardless of the manner, method or
contrivance employed, as long as said crew is/are located onboard a commercially declared
vessel that is operated by an individual who possesses a valid and proper commercial
fishing license and is/are under the direct supervision and responsibility of said properly
licensed commercial fisher. With respect to commercial shellfish operations, unlicensed
crews may only assist with culling activities and other indirect harvest operations, while
said crew is/are located onboard a commercially declared vessel that is operated by an
individual who possesses a valid and proper commercial fishing license and is/are under
the direct supervision and responsibility of said properly licensed commercial fisher.
(10.4) Vessels Fishing in More Than One Mode
(a) On a per-trip basis, a vessel may only fish in recreational mode, or party/charter mode,
or commercial mode. No vessel may fish in more than one mode during the same trip.
(b) A vessel that is commercially declared, pursuant to section 6.8-8 herein, may fish in
commercial mode during one portion of a calendar day and fish in recreational or
party/charter mode during a separate trip on the same day, subject to separate and non-
overlapping commercial and recreational, or party/charter, regulations. A vessel that fishes
first commercially must complete their logbook prior to the initiation of the second trip.
(c) Upon boarding or inspection, the captain or operator of a commercially declared vessel
must disclose whether the vessel is operating in commercial mode or party/charter mode or
recreational mode.
11. 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.
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12. EFFECTIVE DATE
The foregoing Commercial Fishing Licensing Regulations after due notice, are hereby amended
and filed with the Secretary of State this 23rd day of October, 2014 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.
_______________________
Janet L. Coit, Director
Department of Environmental Management
Notice Given:
August 29, 2014
Public Hearing:
September 30, 2014
Filing date:
10/23/2014
Effective date:
11/12/2014
ERLID: 7894