250-RICR-90-00-2
250-RICR-90-00-2. Commercial Marine Fishing Licenses, Landing Permits, and Party and Charter Licenses (version Amendment, 01/01/2017 to 01/01/2017)
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
BUREAU OF NATURAL RESOURCES
DIVISION OF FISH AND WILDLIFE
DIVISION OF LAW ENFORCEMENT
RHODE ISLAND MARINE FISHERIES REGULATIONS
Commercial and Recreational Saltwater Fishing
Licensing Regulations
December 1, 2016
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
1. PURPOSE
..................................................................................................................................... 5
2. AUTHORITY
..................................................................................................................................... 5
3. APPLICATION ..................................................................................................................................... 5
4. SUPERSEDED RULES AND REGULATIONS ...................................................................................... 5
5. DEFINITIONS
..................................................................................................................................... 5
6. GENERAL MANAGEMENT AND LICENSING REGULATIONS ........................................................... 5
6.1 Management Controls ...................................................................................................................... 5
6.1.1 Fishery Endorsements ......................................................................................................... 5
6.1.2 Harvest & Gear Levels ......................................................................................................... 6
6.1.3 Regulation of Gear ............................................................................................................... 6
6.1.4 Times & Seasons ................................................................................................................. 6
6.1.5 Area Closures & Restrictions ............................................................................................... 6
6.1.6 Quotas .................................................................................................................................. 6
6.1.7 Catch and Landings Limits ................................................................................................... 6
6.1.8 Limits on Entry ...................................................................................................................... 6
6.1.9 Control Dates ....................................................................................................................... 6
6.1.10 Exit/Entry Ratios ................................................................................................................... 7
6.1.11 Annual Promulgation of Rules .............................................................................................. 7
6.2 Management Plans .......................................................................................................................... 7
6.2.1 Required ............................................................................................................................... 7
6.2.2 Purpose and Content ........................................................................................................... 7
6.3 Emergencies .................................................................................................................................... 8
6.4 Annual Reports ................................................................................................................................ 8
6.4.1 Content ................................................................................................................................. 8
6.4.2 Due Date .............................................................................................................................. 8
6.5 Use of License, Landing Permit and Vessel Declaration Fees ........................................................ 9
6.5.1 Annual Spending Plan .......................................................................................................... 9
6.5.2 Activities Eligible for Funding ............................................................................................... 9
6.5.3 Special Projects.................................................................................................................... 9
6.6 Data Reporting ................................................................................................................................. 9
6.6.1 Required ............................................................................................................................... 9
6.6.2 Manner of Reporting .......................................................................................................... 10
6.6.3 Collection and Use of Data ................................................................................................ 10
6.7 Licensing ........................................................................................................................................ 10
6.7.1 Information Required .......................................................................................................... 10
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6.7.2 Other Requirements ........................................................................................................... 10
6.7.3 Application Deadlines ......................................................................................................... 11
6.7.4 License Renewals, Transitions and Upgrades ................................................................... 12
6.7.5 Issuance of New Licenses and Endorsements; Generally................................................. 13
6.7.6 Issuance of New Licenses and Endorsements; Prioritization ............................................ 14
6.7.7 Issuance of New Licenses and Endorsements; Automatic
Eligibility for Family Members or Crew Members of Retirees............................................. 14
6.7.8 Issuance of New Licenses upon Sale of Vessel & Gear ................................................. 15
6.7.9 Issuance of New Licenses and Operator Permits under Hardship Conditions .................. 15
6.7.10 Requests for Reconsideration of License Denials .......................................................... 16
6.7.11 Demonstration and Verification of Actively Fishing and Actively Participating Standards 17
6.8 Licenses, Endorsements and Vessel Declarations; Resident ....................................................... 18
6.8.1 Fishery Endorsements ....................................................................................................... 18
6.8.2 Commercial Fishing License .............................................................................................. 18
6.8.3 Principal Effort License ...................................................................................................... 18
6.8.4 Multi-Purpose License ........................................................................................................ 19
6.8.5 Student Shellfish License ................................................................................................... 19
6.8.6 65 and Over Shellfish License ........................................................................................... 19
6.8.7 Gear Endorsements ........................................................................................................... 19
6.8.8 Vessel Declaration ............................................................................................................. 20
6.8.9 Dockside Sales Endorsement ............................................................................................ 21
6.8.10 Research Set Aside (RSA) Endorsement ....................................................................... 22
6.8.11 Paper Catch and Effort Harvester and Dockside Sales Logbook Endorsement .............. 22
6.9 Licenses, Endorsements and Vessel Declarations; Non-Resident ............................................... 23
6.9.1 Non-Resident Fishery Endorsements ................................................................................ 23
6.9.2 Non-Resident Commercial Fishing License ....................................................................... 23
6.9.3 Non-Resident Principal Effort License ............................................................................... 23
6.9.4 Non-Resident Vessel Declaration ...................................................................................... 24
6.10 Landing Permits ............................................................................................................................ 24
6.10.1 General Requirements ....................................................................................................... 24
6.10.2 Resident Landing Permit .................................................................................................... 24
6.10.3 Non-Resident Landing Permit with Restricted Finfish ........................................................ 25
6.10.4 Non-Resident Landing Permit ............................................................................................ 25
6.11 Dealer's Licenses ......................................................................................................................... 25
6.11.1 General Requirements ....................................................................................................... 25
6.11.2 Multi-Purpose Dealer's License.......................................................................................... 26
6.11.3 Finfish Dealer's License ..................................................................................................... 26
6.11.4 Shellfish Dealer's License .................................................................................................. 26
6.11.5 Lobster Dealer's License .................................................................................................... 26
6.12 Penalties ....................................................................................................................................... 27
6.12.1 Violations ............................................................................................................................ 27
6.12.2 False Statements ............................................................................................................... 27
6.12.3 Alterations, Forgeries & Counterfeits ................................................................................. 27
6.12.4 Failure to Possess, Present or Display a Proper License, Permit, or Vessel Declaration . 27
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7. Availability of New Licenses and Endorsements for 2015 ................................................................... 28
7.1 Multi-Purpose Licenses ........................................................................................................... 28
7.2 Principal Effort Licenses .......................................................................................................... 28
7.3 Commercial Fishing Licenses .................................................................................................. 28
7.4 Student and 65 and Over Shellfish Licenses .......................................................................... 28
7.5 Fish Trap Endorsements ......................................................................................................... 28
7.6 Gill Net Endorsements ............................................................................................................. 28
7.7 Purse Seine Endorsements and Mid-Water/Pair Trawl Endorsements .................................. 28
7.8 Whelk Endorsements .............................................................................................................. 28
8. Harvest and Gear Levels for 2017 ........................................................................................................ 28
8.1 Full Harvest and Gear Levels ........................................................................................................ 28
8.2 Basic Harvest and Gear Levels ..................................................................................................... 29
8.2.1 Lobster ................................................................................................................................ 29
8.2.2 Non-Lobster Crustacean .................................................................................................... 29
8.2.3 Quahaug ............................................................................................................................. 29
8.2.4 Soft-shell Clam ................................................................................................................... 29
8.2.5 Shellfish Other .................................................................................................................... 29
8.2.6 Non-Restricted Finfish ........................................................................................................ 29
8.2.7 Whelk ................................................................................................................................. 29
9. Recreational Saltwater Fishing Licenses ............................................................................................. 29
9.1 General Provisions .................................................................................................................. 29
9.2 Exemptions .............................................................................................................................. 30
10. Vessel-Based Regulations ................................................................................................................... 30
10.1
Vessels Fishing Recreationally .......................................................................................... 30
10.2
Party/Charter Vessels ........................................................................................................ 30
10.3
Vessels Fishing Commercially ........................................................................................... 31
10.4
Vessels Fishing in More Than One Mode .......................................................................... 31
11. Severability
................................................................................................................................... 31
12. Effective Date ................................................................................................................................... 32
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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
See Rhode Island Marine Fisheries Regulations, “Part I – Definitions”.
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.
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6.1.2
Harvest and Gear Levels:
(a) The Full Harvest and Gear Level will apply to holders of Principal Effort Licenses for the
fisheries for which they hold endorsements; and to holders of Multi-Purpose Licenses for all
species.
(b) The Basic Harvest and Gear Level will apply to holders of Commercial Fishing Licenses for
the fisheries for which they hold endorsements; and to holders of Student Shellfish and 65 and
Over Shellfish Licenses.
(c) By rule, the Department shall set, and may periodically adjust, Full and Basic Harvest and
Gear Levels on a fishery- or endorsement-specific basis, consistent with state and/or federally
sanctioned fisheries management plans or programs.
6.1.3
Regulation of Gear
6.1.4
Times and Seasons
6.1.5
Area Closures and Restrictions
6.1.6
Quotas
6.1.7
Catch and Landings Limits
6.1.8
Limits on Entry
(a) By rule, the Department may limit entry into a fishery by license type or endorsement
category, where a state and/or federally sanctioned fisheries management plan finds that
fishing effort is at or exceeds sustainable levels.
(b) By rule, the Department may establish entrance/exit ratios, lotteries, waiting lists, or other
allocation measures as a means for limiting entry pursuant to subsection 6.1.8(a).
(c) Any/all limits on entry for each license type and/or endorsement shall be annually
prescribed herein in Rule 7.
6.1.9
Control Dates:
(a) By rule, the Department may establish control dates, which shall serve as cut-off dates for
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.
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(g) A control date of December 31, 2007 is established for the purse seine and mid-water/pair
trawl fisheries in Rhode Island.
6.1.10 Exit/Entry Ratios:
(a) Restricted finfish – For every one (1) license, eligible to harvest restricted finfish, namely,
Multi-Purpose Licenses and Principal Effort Licenses with a restricted finfish endorsement, that
are not renewed, one (1) 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 (3) endorsements, the number of endorsements will be rounded up to yield a
multiple of three (3) endorsements.
(b) Quahaug -- For every one (1) license eligible to harvest quahaug, namely, Multi-Purpose
Licenses and Principal Effort Licenses with a quahaug endorsement, that are not renewed, one
(1) new Commercial Fishing License with quahaug endorsement will be made available;
provided, that if the application of the exit/entry ratio yields one (1) or two (2) 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 not renewed, one (1)
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 (2) 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.
(b) Management plans shall be responsive to, and reflective of, changing stock and fishery
conditions, and thereby support an adaptive management process.
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(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 Oceanic and Atmospheric Administration
(NOAA) Fisheries.
(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.
6.3
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:
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(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.
(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.
(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
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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.
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.
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(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 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. Holders of a Student Shellfish license (if renewable) will be notified by
November 1 and the license must be renewed by June 30 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
holders last license application or change of address form.
(c) All applications for 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. Applications for a
Student Shellfish license, whether renewal or new issue, must be made in person by 4:00 PM
on June 30, or on the first business day following June 30 if that day falls on a Saturday,
Sunday, or holiday. All license applications shall be made at the Department of Environmental
Management, Office of Boat Registration and Licensing, 235 Promenade Street, Providence,
02908. Alternatively, applications must be posted to the same address with a postmark no later
than the above-referenced deadline date. Alternatively, renewals must be made electronically,
via the Department’s online renewal service at www.ri.gov/DEM/commercial marine, by
midnight on the above-referenced deadline date. In order to be eligible to apply for a license, an
application must be received, postmarked, or electronically filed by the above-referenced
deadline date.
(d) No 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. No student shellfish license will be
issued or renewed after the close of business on February 28, or on the first day following June
30 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) With the exception of Student shellfish license applications, 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
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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 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
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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.
(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, 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
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than there are licenses or endorsements available for issue, those licenses or endorsements
will be issued by lottery, unless otherwise specified herein.
(d) In cases where a limited number of new licenses or endorsements are to be issued, the
Department will accept applications until the application deadline set forth under 6.7.3, and then
issue said licenses or endorsements to eligible applicants within fifteen (15) business days
following the deadline date. To ensure fairness in these cases, no new licenses or
endorsements will be issued before the application deadline date.
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 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 eighteen (18) 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 eighteen (18) or older.
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 subsection 6.7.6(c) 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 chooses not to renew their license.
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(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/or 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/or gear is prohibited; provided, however, that if the seller of a vessel and/or gear
who shall have first surrendered it to the Department, the Department will, upon application,
issue one new license to the purchaser of the vessel and/or 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 held 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) Any new license/endorsement(s) issued to the purchaser by the Department pursuant to
section 6.7.8 may only be issued to the new licensee upon payment to the Department of the
statutorily established fee for the subject license or endorsement.
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 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) Solely for the purposes of this Section, a license holder shall be deemed to satisfy the
requirement to be found “actively fishing” if the license holder demonstrates to the satisfaction
of the Division by dated transaction records, and for multiple-day trips, Vessel Trip Reports, that
he or she has fished at least 40 days pursuant to a valid RI license in at least 2 consecutive
calendar years from 2006 to the date of the license holder’s hardship. Such fishing activity
needs to be in the same fishery sector(s) or endorsement category(s) for which a new
license/endorsement is being sought, as specified in this Section.
(d) 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.
(e) If a license holder dies without designating a family member who is a Rhode Island resident
and the license holder’s surviving family members are unable to reach a mutual agreement as
to which family member who is a Rhode Island resident should be issued a single, new, license
with applicable endorsement(s) that is the equivalent of the license with applicable
endorsement(s) that was held and actively fished by the decedent license holder at the time of
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his/her demise, the administer or executor of the estate of the decedent license holder shall be
entitled to be reissued by the Department a single equivalent license with applicable
endorsement(s) at the statutorily established fee(s) for up to two (2) years during the probating
of the estate.
(f) 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.
(g) In the case of temporary incapacity, exceeding a period of fourteen (14) days, the
Department will issue, upon application, an operator permit or equivalent license of the same
category to a Rhode Island resident designated by the incapacitated license holder. Said
permit or license will serve as the legal equivalent of the license held by the incapacitated
license holder. Prior to issuance of the operator permit or equivalent license, the original
license will be suspended. The operator permit or equivalent license will remain valid for the
balance of the license year, or until the return to wellness of the incapacitated license holder,
whichever occurs first. The operator permit or equivalent license will be eligible for renewal
once, at a cost equivalent to the cost of the original license, upon approval of the Director.
Upon the return to wellness of the incapacitated license holder, the original license will, upon
application, be reinstated and the operator permit or equivalent license will be surrendered.
(h) New equivalent licenses issued pursuant to this section are not subject to the application
deadline provisions set forth under section 6.7.3.
(i) Any new license/endorsement(s) issued to the purchaser by the Department pursuant to
section 6.7.9 may only be issued to the new licensee upon payment to the Department of the
statutorily established fee for the subject license or endorsement.
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
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recommendation shall include the specific grounds for its decision and the vote of the Board. A
copy of the recommendation will be mailed first class, postage prepaid, to the applicant.
(f)
If a written recommendation is not rendered within thirty (30) days as set forth above, the
preliminary decision of the Office of Boat Registration and Licensing shall become final and
subject to appeal pursuant to Subsection 6.7.10(i).
(g) In reaching its recommendation the Board shall consider:
(i) The impact that issuance of the license will have on the fisheries management program
overall;
(ii) Equity with other license holders;
(iii) Consistency with prior agency decisions;
(iv) Consistency with management plans;
(v) Unreasonable hardship to the applicant; 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 40 days in the preceding 2 calendar years, pursuant to a valid RI license. Such fishing
activity must have spanned the 2 calendar years, meaning that some activity occurred in each
of the 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.
(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 40 days in the preceding 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
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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 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.
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(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 (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 June 30 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.
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6.8.5
65 and Over Shellfish License:
(a) Applicants must present proof of Rhode Island residency.
(b) There is no fee.
(c) Applicants must be at least sixty-five (65) years old as of February 28 of the license year.
(d) The holder of a 65 and Over Shellfish License may participate in the Quahaug
endorsement sector at Basic Harvest and Gear Levels, as set by the Department pursuant to
Rule 8.
(e) The holder of a 65 and Over Shellfish License may also obtain a Commercial Fishing
License and/or a Principal Effort License, with endorsements, to fish other fishery sectors at
Basic or Full Harvest or Gear Levels, if such licenses or endorsements are available 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.
(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
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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).
(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.
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(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, 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.
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(b) The holder of a Non-Resident Commercial Fishing License may participate in either or both
fishery sectors for which he/she holds an endorsement, provided that his/her state of residence
does not prohibit commercial licensing opportunities for Rhode Island residents in finfish
fisheries for which licensing opportunities are available for residents of that state.
(c) The Marine Fisheries section of the Department of Environmental Management, Division of
Fish and Wildlife shall annually review the regulations of the states of Massachusetts,
Connecticut, and New York to determine whether those states provide Rhode Island residents
the privileges referenced in subsection (b) above. For applicants from any other state, it shall
be the applicant's burden to prove that his/her state of residence provides Rhode Island
residents the privileges referenced in subsection (b) above through a certified copy of the
relevant regulation. This copy is to be forwarded to the Marine Fisheries section of the
Department of Environmental Management, Division of Fish and Wildlife for review and
approval a minimum of two weeks before a license may be issued.
(d) 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 is first obtained from the Division of Law
Enforcement, no landing permit or Rhode Island license is required.
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(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 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.
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(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 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
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license, so long as that dealer can demonstrate by a bill of lading that the fish in question had
been sold by a duly licensed person.
6.11.2 Multi-Purpose Dealer's License:
(a) The holder of a Multi-Purpose Dealer's License may buy and sell all wild marine fisheries
species that may legally be landed in Rhode Island, but only in the amounts specified by rule.
Licensed multi-purpose dealers may also buy and sell cultured marine fisheries species in
accordance with applicable rules and regulations.
(b) The annual fee is three hundred dollars ($300).
6.11.3 Finfish Dealer's License:
(a) The holder of a Finfish Dealer's License may buy and sell all wild finfish species that may
legally be landed in Rhode Island, but only in the amounts specified by rule. Licensed finfish
dealers may also buy and sell cultured finfish species in accordance with applicable rules and
regulations.
(b) The annual fee is two hundred dollars ($200).
6.11.4 Shellfish Dealer's License:
(a) The holder of a Shellfish Dealer's License may buy and sell all wild shellfish species that
may legally be landed in Rhode Island, but only in the amounts specified by rule. Licensed
shellfish dealers may also 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.
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(c) No new license, endorsement, or permit may be issued to any violator of this section for a
period of one (1) year from the date that penalties are imposed.
6.12.3 Alterations, Forgeries and Counterfeits:
(a) Any person who falsely makes, alters, forges, or counterfeits, or who causes to be falsely
made, altered, forged or counterfeited, a license, endorsement, or permit issued pursuant to
these regulations, or who shall have in his or her possession such a license, endorsement, or
permit, knowing it to be false, altered, forged or counterfeit is guilty of a misdemeanor and
subject to a fine of not more than five hundred dollars ($500) and imprisonment for not more
than ninety (90) days, or both.
(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 ANNUALLY
7.1
Multi-Purpose Licenses: New Multi-Purpose Licenses shall be only available pursuant to
sections 6.7.8 and 6.7.9.
7.2
Principal Effort Licenses:
(a) Restricted Finfish endorsement: A limited number of new Principal Effort Licenses with
Restricted Finfish endorsement will be available annually 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.
(b) Additional new Principal Effort Licenses shall only be available 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.
(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.
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(c) A limited number of new Commercial Fishing Licenses with Quahaug and Soft-Shell Clam
endorsements will be available annually 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.
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 made available
annually, 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 annually, 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: New Whelk endorsements shall only be available annually pursuant to
subsection 6.7.4(f).
8. HARVEST AND GEAR LEVELS
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 RIMFR “Part 6
– Lobster, Crabs, and Other Crustaceans”. If using gear other than traps, the full harvest and gear
level shall be the non-trap landing limits set forth in RIMFR “Part 6 – Lobster, Crabs, and Other
Crustaceans”.
8.2
Basic Gear and Harvest Levels: The Basic Harvest and Gear Levels, applicable to all holders
of Commercial Fishing Licenses for the fisheries for which they hold endorsements, and to all holders of
Student Shellfish and 65 and Over Shellfish Licenses, shall be as follows:
8.2.1
Lobster: The same restrictions associated with the Full Harvest and Gear Level for
Lobster.
8.2.2
Non-Lobster Crustacean: The same restrictions associated with the Full Harvest and Gear
Level for Non-Lobster Crustacean.
8.2.3
Quahaug: A 3-bushel per day statewide limit, including all management areas, in addition
to all other restrictions associated with the Full Harvest and Gear Level for Quahaug.
8.2.4
Soft-shell Clam: The same restrictions associated with the Full Harvest and Gear Level for
Soft-shell Clam.
8.2.5
Shellfish Other: The same restrictions associated with the Full Harvest and Gear Level for
Shellfish Other.
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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 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.
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(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.
(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.
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(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.
(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.
12. EFFECTIVE DATE
The foregoing rules and regulations “Rhode Island Marine Fisheries Regulations - Commercial and
Recreational Saltwater Fishing Licensing Regulations”, after due notice, are hereby adopted and filed with
the Secretary of State 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:
08/12/2016
Public Hearing:
09/13/2016
Filing date:
12/01/2016
Effective date:
01/01/2017
ERLID: 8389