250-RICR-90-00-2
250-RICR-90-00-2. Commercial Marine Fishing Licenses, Landing Permits, and Party and Charter Licenses (version Amendment, 03/10/2021 to 06/18/2021)
2.1 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.
2.2 Authority
These Regulations are
promulgated pursuant to R.I. Gen. Laws Chapters 42-17.1, 20-2.1, and
20-2.2, R.I. Gen. Laws § 20-1-4 and in accordance with R.I. Gen.
Laws Chapter 42-35, the Administrative Procedures Act.
2.3 Application
The terms and provisions of
these Regulations shall be liberally construed to permit the
Department to effectuate the purposes of State law, goals, and
policies.
2.4 Severability
If any provision of these
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 Regulations shall not be
affected thereby.
2.5 Superseded Rules and
Regulations
On the effective date of this
Part, all previous Regulations, and any policies regarding the
administration and enforcement of R.I. Gen. Laws Chapters 20-2
("Licensing"), 20-2.1 (“Commercial Fishing
Licenses”), and 20-3.1 ("Marine Fisheries Management
Modernization”), shall be superseded, provided that Regulations
promulgated by the Director or the Rhode Island Marine Fisheries
Council pursuant to R.I. Gen. Laws Chapter 20-3 ("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 Regulations shall be governed by the
Regulations in effect at the time the enforcement action was taken or
application was filed.
2.6 Definitions
See Part 1
of this Subchapter.
2.7 General Management and
Licensing Regulations
2.7.1 Management Controls
A. Fishery endorsements
1. Fishery endorsement
categories shall include:
a. Lobster;
b. Non-Lobster Crustacean: all
crustacean species, as well as horseshoe crabs, available for
commercial harvest, except lobster;
c. Quahaug;
d. Soft-shell Clam;
Control date: A control date
of December 31, 2007 is established for the soft-shell clam fishery
in Rhode Island. This control date has been established by the
Department for potential future use in establishing eligibility
criteria for future access to the fishery.
e. Shellfish Other: all
shellfish species available for commercial harvest, except quahaug
and soft-shell clams;
f. Restricted Finfish: scup
(only from May 1 through October 31; scup shall be considered
non-restricted from January 1 through April 30, and from November 1
through December 31), summer flounder, tautog, striped bass, and
black sea bass;
g. Non-Restricted Finfish: all
species of finfish and squid available for commercial harvest except
the five (5) species specified in the Restricted Finfish Endorsement
category; and
h. Whelk: all whelk species
available for commercial harvest.
B. Limits on entry: The
Department may establish entrance/exit ratios, lotteries, waiting
lists, or other allocation measures as a means for limiting entry
consistent with fisheries management plans.
C. Exit/entry ratios
1. Restricted Finfish
Endorsement: 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.
2. Quahaug Endorsement: 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 (3) licenses/endorsements will be
made available.
3. Soft-Shell Clam
Endorsement: For every five (5) 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 (1) or two (2) licenses/endorsements, three (3)
licenses/endorsements will be made available.
2.7.2 Management Plans
A. The management controls set
forth in these Regulations shall be consistent with fisheries
management plans adopted by the Department pursuant to R.I. Gen. Laws
§ 20-2.1-9(5). Such plans shall be updated annually, with the
draft plan made available for public review a minimum of thirty (30)
days prior to any public hearing that addresses commercial licensing.
B. The management controls set
forth in these Regulations shall also be consistent with fisheries
management plans adopted by a Federal agency or regional body of
competent jurisdiction.
2.7.3 Emergencies
The Director may promulgate
Regulations with less than thirty (30) 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 R.I. Gen. Laws §
42-35-2.10.
2.7.4 Data Reporting
A. The holder of any type of
commercial fishing license or landing license shall be deemed to have
consented to providing such fishery-related information as the
Director may require. Reporting shall be required on forms or in a
format as prescribed by the Director (R.I. Gen. Laws §§
20-1-20 and 20-4-5).
B. The Department will provide
applicants with applicable reporting methods at the time of license
issuance or renewal.
C. Commercial trips shall be
accurately logged in the Paper Catch and Effort Harvester Logbook or
entered in an electronic device, prior to offloading. Minimum trip
elements shall include, but are not limited to:
1. Trip date
2. Area fished
3. Vessel State Registration
or USCG Documentation number
4. Gear type(s) fished
5. Quantity of gear fished
6. Fishing time
7. Species
8. Pounds or count of species
caught
9. Disposition
D. Accurately completed copies
of the Federal Vessel Trip Reports or State reporting forms shall be
kept in numerical order on board the vessel dating back to January 1
of the current year and furnished upon request. A vessel shall be
exempt from this requirement if the captain of said vessel is
currently enrolled in an electronic logbook program. Instead, the
vessel must have all records dating back to January 1 of the current
year entered electronically.
E. Due dates for the submittal
of paper reports to DMF:
1. For fishing activity
occurring in the months of January, February, and March: April 15
2. For fishing activity
occurring in the months of April, May, and June: July 15
3. For fishing activity
occurring in the months of July, August, and September: October 15
4. For fishing activity
occurring in the months of October, November, and December: January
15
5. To renew prior to January
15, harvester reports must be submitted for all of December if
renewing in January and up to date in December if renewing in
December.
F. Captains enrolled in an
electronic logbook program shall submit trip reports not later than
forty-eight (48) hours after the end of the trip.
G. Collection and use of data
1. Data will be collected,
managed and disseminated according to the coastwide minimum protocols
of the Atlantic Coastal Cooperative Statistics Program (ACCSP).
2. 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.
3. Any data that are released
or reported to the public shall be aggregated so as to not identify
individual fishers, vessels or dealers.
H. Party or charter vessel
reporting
1. Trips made as a party or
charter vessel shall be logged and submitted electronically in SAFIS.
2. Trips shall be logged prior
to the termination of the trip and submitted electronically within
forty-eight (48) hours of the end of the trip. Trip elements shall
include, but are not limited to:
a. Trip date
b. Area fished
c. Gear type(s) fished
d. Quantity of gear fished
e. Number of anglers on trip
e. Fishing time
f. Pounds or count of species
caught
g. Disposition
3. In years when no party or
charter trips were made, at least one (1) negative report must be
submitted.
4. Failure to submit reports
shall result in one (1) of the following actions: license suspension,
revocation or ineligibility to renew.
2.7.5 Commercial Licensing
A. Application required:
Applications for any license or permit issued under these Regulations
shall contain the following information:
1. Full name;
2. Age;
3. Occupation;
4. Residence address;
5. Mailing address;
6. Weight;
7. Height;
8. Hair color;
9. Eye color;
10. The name of any State or
jurisdiction in which the applicant's commercial fishing license
and/or permit is currently revoked or suspended; and
11. Driver's License number
and State of issuance, or other State-issued photo identification
card.
12. Applications must be
notarized.
13. Reporting method: Paper
Catch and Effort Harvester logbook; or, Federal Vessel Trip Report
(VTR), or e-TRIPS. The Paper Catch and Effort Harvester logbook and
e-TRIPS reporting methods cannot be declared together.
B. Other requirements
1. A license must be signed by
the party to whom it is issued in order to be valid.
2. Licenses and permits are
valid only for the signed holder and may not be transferred.
3. All fees must have been
paid for a license or permit to be valid.
4. A lost or accidentally
destroyed license or permit may 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.
5. 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. Expiration. Unless
otherwise specified, all licenses issued pursuant to this Part shall
expire on December 31 annually. It shall be unlawful for any person
to fish commercially in the marine waters of Rhode Island on an
expired license. The grace period set forth in § 2.7.5(C)(5) of
this Part shall not extend the validity of any expired license.
7. Every license and permit
holder shall have their license and/or permit in possession at all
times while engaged in the licensed activity and shall present the
license and/or permit for inspection on demand by the Director. Any
person who shall refuse to present a license and/or permit on demand
shall be liable to the same punishment as if that person were fishing
without a license and/or permit.
C. Application deadlines
1. 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 Sixty-Five (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.
2. 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.
3. All applications for
Sixty-Five (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
https://www.ri.gov/DEM/commercialmarine/ ,
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.
4. No Sixty-Five (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 §§ 2.7.5(C)(3) or (5) of this Part, or
§§ 2.7.5(E)(3) or 2.7.5(F) of this Part. 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 §§ 2.7.5(C)(3) or (5), or §§
2.7.5(E)(3) or 2.7.5(F) of this Part.
5. With the exception of
Student Shellfish License applications, applications for renewal of
licenses referenced in §§ 2.7.5(C)(3) and (4) of this Part
above that are received by the Department or postmarked after
February 28 or after the first day following February 28 if that day
falls on a Saturday or Sunday or holiday shall be renewed only upon
payment of a late fee in the amount of two hundred dollars ($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 Boating Registration and
Licensing, 235 Promenade Street, Providence, RI 02908; or via mail at
the same address; or electronically via the Department’s online
renewal service at www.ri.gov/DEM/commercialmarine .
D. Demonstration and
verification of “Actively Fishing” and “Actively
Participating” standards for the issuance of new licenses:
1. Actively Fishing
a. To meet the standard of
“Actively Fishing,” the license holder must have held the
license for a minimum of the immediate two (2) preceding calendar
years, and demonstrate by dated transaction records, as verified by
SAFIS dealer or dockside sales reporting, a minimum of forty (40)
legal Rhode Island landings in the preceding two (2) calendar years,
pursuant to a valid Rhode Island license.
(1) In cases where there are
less than forty (40) legal Rhode Island landings, and one (1) or more
of those landings is associated with a multi-day trip(s), Vessel Trip
Reports and days fished from those trip(s) may be used to meet the
standard of Actively Fishing.
(2) In cases where dockside
sales reports are being used to meet the standard of Actively
Fishing, additional documentation may be required, including, but not
limited to, 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.
(3) In cases where a person
holds both a Landing Permit and a Commercial Fishing License
concurrently issued by the Department, dated transaction records
established in SAFIS which are recorded on a license holder’s
Landing Permit may be considered for the demonstration or
verification of the activity standard.
b. For the issuance of a new
license in accordance with § 2.7.5(E) of this Part, the standard
of Actively Fishing must be met, in addition to one (1) of the
following conditional criteria, as applicable:
(1) Issuance of a new license
upon sale of vessel and/or gear: Landings must have occurred in the
previous two (2) calendar years, with landings occurring in one (1)
or both of those calendar years.
(2) Issuance of a new license
in instances of incapacity: Landings must have occurred in at least
two (2) consecutive calendar years within the last ten (10) years.
(3) Eligibility for the
issuance of a new Commercial Fishing License with Quahaug
Endorsement:
(AA) Any license holder who
meets the standard of Actively Fishing and who held a valid Over
Sixty-Five (65) Shellfish License as of the immediately preceding
year is eligible to obtain a new Commercial Fishing License with a
Quahaug Endorsement for the immediate following year, unless assessed
a criminal or administrative penalty in the past two (2) years for a
violation of the marine fisheries Regulations.
(BB) Any license holder who
meets the standard of Actively Fishing and who held a valid Student
Shellfish License as of the immediately preceding year is eligible to
obtain a new Commercial Fishing License with a Quahaug Endorsement
for the immediate following year, unless assessed a criminal or
administrative penalty in the past two (2) years for a violation of
the marine fisheries Regulations.
(i) For Student Shellfish
License holders who become ineligible to renew their license due to
age after holding the license in the immediately preceding year, the
license will be considered eligible for the issuance of a new
Commercial Fishing License with a Quahaug Endorsement if the activity
standard is met during the year the license was held.
(4) Issuance of a new
Principal Effort License with Quahaug endorsement: Any license holder
who meets the standard of Actively Fishing and who held a valid
Commercial Fishing License with Quahaug Endorsement as of the
immediately preceding year is eligible to obtain a new Principal
Effort License with Quahaug Endorsement for the immediate following
year. For the purposes of the issuance of a new Principal Effort
License with Quahaug Endorsement, only quahog landings may be used to
meet the standard of Actively Fishing.
(5) Issuance of a new Whelk
Endorsement: Any license holder who meets the standard of Actively
Fishing and who held a valid Commercial Fishing or Principal Effort
License with Quahaug or Soft-Shell Clam Endorsement as of the
immediately preceding year is eligible to obtain a new Whelk
Endorsement for the immediate following year. For the purposes of the
issuance of a new Whelk Endorsement, only quahog and/or soft-shell
clam landings may be used to meet the standard of Actively Fishing.
2. Actively Participating: To
meet the standard of “Actively Participating,” a crew
must be able to demonstrate via one (1) or more affidavits that they
have worked as a paid crew for one (1) or more captains licensed in
the State of Rhode Island on a vessel that was commercially declared
during the period of activity, that had a minimum of forty (40) legal
Rhode Island landings in the immediately preceding two (2) calendar
years. To be considered a paid crew, persons must demonstrate a valid
record of being a paid employee of the vessel owner or person
licensed to fish commercially, including either a W-2 form, 1099
form, or paycheck stub from a financial institution for the period of
time being used to meet the standard of Actively Participating.
a. Affidavits must reflect
activity conducted upon a vessel that was commercially declared
during the period of activity.
3. 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 demonstrate 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. DEM shall determine whether the documentation
submitted by the license holder substantiates the landings and
associated fishing activity claimed by the license holder.
4. Any application submitted
in accordance with this Part that includes 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.
Fraudulent submittals will be referred to the Department’s
Division 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 pursuant to § 2.7.10 of this Part.
E. Issuance of new licenses;
eligibility
1. New licenses and
endorsements shall be made available as of January 1, annually.
2. In cases where a limited
number of new licenses or endorsements are to be issued, the
Department will accept applications until the application deadline,
and then issue said licenses or endorsements to eligible applicants
by May 15. To ensure fairness in these cases, no new licenses or
endorsements will be issued before the application deadline date.
3. License renewal
a. No application for a
license renewal will be considered from a person who’s had a
change in residency status (i.e., change from a Rhode Island resident
to non-resident, or from a non-resident to Rhode Island resident)
(R.I. Gen. Laws § 20-1-3).
b. No application for a
license renewal will be accepted from a person who has failed to
submit reports in a timely fashion and who has been previously
notified regarding the deficiency.
c. Persons who possess a valid
Commercial Fishing License as of the immediately preceding year are
eligible to renew their license for the immediately following year.
d. Persons who possess a valid
Principal Effort License as of the immediately preceding year are
eligible to renew their license for the immediately following year.
e. Residents who possess a
valid Multi-Purpose License as of the immediately preceding year are
eligible to renew their license for the immediately following year.
(1) Alternatively, residents
who possess a valid Multi-Purpose License as of the immediately
preceding year are eligible to obtain a new Principal Effort License
with Quahaug, Soft-Shell Clam, Shellfish Other, Lobster, Non-Lobster
Crustacean, Restricted Finfish, Non-Restricted Finfish, and/or Whelk
Endorsements for the immediately following year in place of a
Multi-Purpose License. Prior to issuance of a new license, the
currently held license must be surrendered.
f. Residents who possess a
valid Student Shellfish License as of the immediately preceding year
are eligible to renew their Student Shellfish License pursuant to §
2.7.6(E) of this Part for the immediately following year.
g. Residents who possess a
valid Sixty-Five (65) and Over Shellfish License as of the
immediately preceding year are eligible to renew a Sixty-Five (65)
and Over Shellfish License 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 to
be eligible for renewal.
4. Issuance of a new license
for family members or crew
a. A family member or crew who
qualifies as a priority applicant pursuant to § 2.7.5(G)(2) of
this Part is eligible to obtain a Commercial Fishing License with
applicable endorsement(s), or a Principal Effort License with a
Restricted Finfish Endorsement, if they are a family member or crew
of a license holder who has been actively fishing, and is not
renewing their license.
b. The applicable
endorsement(s) will be in the fishery sector(s) that was/were being
actively fished by the current license holder. Prior to issuance of a
new license, the currently held license must be surrendered to the
Department.
c. One (1) new license will be
issued for each license surrendered.
d. New license fees shall be
applicable at the time of application.
5. Issuance of a new license
upon sale of vessel and/or gear
a. Residents are eligible to
obtain a new license involving the sale of vessel and/or gear if the
license holder is actively fishing if the license holder had been
actively fishing pursuant to § 2.7.5(D)(1)(b)(2) of this Part.
b. Prior to issuance of a new
license, the currently held license must be surrendered to the
Department. Upon application for a new license, the Department will
then issue a new equivalent license to the purchaser.
c. The new
license/endorsement(s) issued may be at a lower harvest and gear
level than the license surrendered where necessary to accomplish the
purposes of fisheries management plans.
d. New license applications
made pursuant to the issuance of a new license upon the sale of
vessel and/or gear are not subject to an application deadline.
e. New license fees shall be
applicable at the time of application.
6. Issuance of a new license
to resident family members in cases of Incapacity
a. Resident family members are
eligible to obtain a new equivalent license in cases of incapacity.
b. Demonstration of the
incapacity shall be required in the form of a death certificate, or a
diagnosis and prognosis signed by a medical doctor (M.D. or O.D.).
c. Prior to issuance of the
new license, the currently held license must be surrendered to the
Department. Upon application, the Department will then issue a new
license equivalent to the license currently held.
d. The family member shall be
designated by the license holder, or, if the license holder is
deceased, by mutual agreement among surviving family members. If a
mutual agreement has not been reached, the administrator or executor
of the estate of the deceased license holder shall be eligible for a
new equivalent license for not longer than two (2) years during the
probating of the estate.
e. New license applications
made pursuant to the issuance of new licenses to resident family
members in cases of incapacity are not subject to an application
deadline.
f. New license fees shall be
applicable at the time of application.
7. Persons returning from
active military service: Persons holding a valid license and/or
landing permit when entering active service are eligible to obtain a
new equivalent license and/or landing permit held at the time when
entering active service, upon presentation of written credible
documentation, such as form DD214, demonstrating the continuity of
active service since the license had previously been held.
F. Issuance of a temporary
Operator Permit to residents in cases of Medical Hardship
1. Residents are eligible to
obtain an Operator Permit in cases of medical hardship; such resident
shall be designated by the current license holder.
2. Demonstration of the
medical hardship shall be required in the form of a diagnosis and
prognosis signed by a medical doctor (M.D. or O.D.).
3. Prior to issuance of the
Operator Permit, the currently held license must be surrendered to
the Department and will be temporarily suspended. Upon application
for the Operator Permit, the Department will then issue an Operator
Permit equivalent to the license held, which 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 will be eligible for renewal once, at a cost
equivalent to the cost of the license, upon approval by the Director.
Upon the return to wellness of the incapacitated license holder and
application for reinstatement of the license, the license will be
reinstated upon surrendering the Operator Permit.
4. Applications made pursuant
to the issuance of a temporary Operator Permit to residents in cases
of medical hardship are not subject to an application deadline.
G. Prioritization and lottery
for the issuance of new licenses and endorsements
1. General
a. In cases where a limited
number of new licenses or endorsements are available, the Department
shall provide priority to applicants as described herein.
b. 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.
c. If in any priority category
there are more eligible applicants than there are licenses or
endorsements available for issue, those licenses or endorsements will
be issued by lottery, unless otherwise specified herein.
d. Within each priority
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.
e. In cases where an applicant
has previously surrendered a license to the Department pursuant to
the sale of vessel and/or gear, and the applicant has subsequently
acquired a new license, the applicant must have held the current
license for a minimum of seven (7) years before being eligible to use
the activity standard as a criteria for prioritization (as described
in §§ 2.7.5(G)(2)(a) and (b) of this Part).
f. Active military and
veterans who have been honorably discharged from active military duty
may use the immediately preceding two (2) calendar years prior to
conscription into the military to meet the activity standard.
2. Priority categories
a. First priority: First (1 st )
priority shall be provided equally to the following sub-categories:
(1) Residents holding a
Commercial Fishing License who meet the standard of Actively Fishing
in the same fishery sector for which a new license/endorsement is
being sought.
(2) Residents holding a
Principal Effort License who have actively fished their license.
(3) Resident crew members who
have actively participated in the same fishery sector for which a new
license/endorsement is being sought.
(AA) If in any of these three
(3) sub-categories there are fewer eligible applicants than
licenses/endorsements available for issuance, the balance will be
evenly distributed to the other two (2) sub-categories. 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: Second
(2 nd ) priority shall be provided equally to the following
sub-categories:
(1) Residents holding a
Commercial Fishing License, endorsed in any fishery sector, who have
actively fished their license.
(2) Resident crew members who
have actively participated in any fishery sector.
(AA) If in any of these two
(2) sub-categories there are fewer eligible applicants than there are
licenses/endorsements available for issuance, then the balance will
be distributed to the other category. 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: Third (3 rd )
priority shall be provided to any resident, aged eighteen (18) or
older.
d. Fourth priority: Fourth
(4 th ) shall be provided to any non-resident, aged eighteen
(18) or older.
H. Appeals of license denials
due to Medical Hardship
1. There shall be no right to
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.
2. The applicant may appeal
the denial to the Administrative Adjudication Division for
Environmental Matters pursuant to R.I. Gen. Laws § 42-17.7-1 et
seq . and the procedures set forth in Part
10-00-1 of this Title , Rules and Regulations for the
Administrative Adjudication Division.
3. The burden of proof shall
be on the applicant to demonstrate that he/she meets the criteria for
issuance of a license. Such proof shall include written documentation
of a diagnosis and prognosis of the medical hardship of the license
holder signed by a medical doctor (M.D. or O.D.).
2.7.6 Licenses,
Endorsements and Vessel Declarations; Resident
A. 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:
1. Non-Lobster Crustacean
2. Lobster
3. Quahaug
4. Soft-shell clam
5. Shellfish Other
6. Non-Restricted Finfish
7. Restricted Finfish
8. Whelk
B. Commercial Fishing License
1. Applicants must provide
proof of Rhode Island residency and pay an annual fee of fifty
dollars ($50.00), plus twenty-five dollars ($25.00) per fishery
endorsement.
2. The holder of a Commercial
Fishing License may participate in any fishery sector for which
he/she holds an endorsement.
C. Principal Effort License
1. Eligible applicants must
present proof of Rhode Island residency and pay an annual fee of one
hundred fifty dollars ($150.00) which entitles them to fish in a
single fishery endorsement category.
2. The holder of a Principal
Effort License may participate in any fishery sector for which he/she
holds a fishery endorsement.
3. The holder of a Principal
Effort License may also obtain a Commercial Fishing License with
applicable endorsements to fish other sectors, and/or obtain
additional fishery endorsements on his/her Principal Effort License
to fish other sectors, 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 ($75.00) each.
4. 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 all other applicable fees, including but not
limited to fees for the Non-Lobster Crustacean, Lobster,
Non-Restricted Finfish, Restricted Finfish, as well as all additional
Gear, Dockside Sales, and Paper Catch and Effort Harvester Logbook
Endorsements on their Commercial Fishing License or Principal Effort
License.
D. Multi-Purpose License
1. Eligible applicants must
present proof of Rhode Island residency and pay an annual fee of
three hundred dollars ($300.00).
2. The holder of a
Multi-Purpose License is authorized to participate in all fishery
endorsement sectors.
E. Student Shellfish License
1. Applicants must present
proof of Rhode Island residency and pay an annual fee of fifty
dollars ($50.00).
2. Applicants must be no older
than twenty-three (23) years as of June 30 of the license year.
3. 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.
4. The holder of a Student
Shellfish License is authorized to participate only in the quahaug
fishery.
5. The holder of a Student
Shellfish License may also obtain a Commercial Fishing License and/or
a Principal Effort License, with endorsements, 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.
F. Sixty-Five (65) and Over
Shellfish License
1. Applicants must present
proof of Rhode Island residency.
2. There is no fee.
3. Applicants must be at least
sixty-five (65) years old as of February 28 of the license year.
4. The holder of a Sixty-Five
(65) and Over Shellfish License is authorized to participate only in
the quahaug fishery.
5. The holder of a Sixty-Five
(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, if such licenses or endorsements are available
and the application requirements are met for any given license year;
provided that the holder of a Sixty-Five (65) and Over Shellfish
License may not also hold a Commercial Fishing or Principal Effort
License with a Quahaug Endorsement.
G. Gear Endorsements
1. Gear Endorsement categories
shall include Fish Trap, Gill Net, Purse Seine, and Mid Water/Pair
Trawl.
2. The Fish Trap Endorsement
shall authorize the license holder to set one (1) or more fish traps
in accordance with all applicable requirements of R.I. Gen. Laws
Chapter 20-5. The annual fee shall be twenty dollars ($20.00) per
trap location for a three (3) year period. Applicants who possessed a
valid Fish Trap 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 fisheries management plans.
3. The Gill Net Endorsement
shall authorize the license holder to set a gill net in accordance
with all applicable Regulations. The annual fee shall be twenty
dollars ($20.00). Applicants who possessed a Gill Net 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 fisheries
management plans.
4. The Purse Seine and Mid
Water/Pair Trawl Endorsements shall authorize 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 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 DEM; must
report any/all landings of menhaden on a daily basis to the Division
of Marine Fisheries; 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 Marine Fisheries. The annual fee for each endorsement shall be
twenty dollars ($20.00). New Purse Seine or Mid Water/Pair Trawl
Endorsement opportunities shall be established by Rule, pursuant to
fisheries management plans.
a. Control date: A control
date of December 31, 2007 is established for the purse seine and
mid-water/pair trawl fisheries in Rhode Island. This control date has
been established by the Department for potential future use in
establishing eligibility criteria for future access to the fishery.
H. Vessel declaration
1. 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.
2. Each such vessel must be
individually and separately declared, on an annual basis, and the
required fee paid.
3. 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.
4. The annual fee for a vessel
declaration is twenty-five dollars ($25.00) per vessel for vessels up
to and including twenty-five feet (25’) in length, plus fifty
cents ($0.50) per linear foot for each whole foot over twenty-five
feet (25’).
5. 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.
6. Declared vessels that are
less than twenty-five feet (25’) long may obtain a vessel
declaration plate upon payment of an additional annual fee of fifteen
dollars ($15.00). The vessel declaration of the declared vessel may
be temporarily transferred to another vessel less than twenty-five
feet (25’) long by affixing the aforementioned plate to that
vessel. This vessel declaration transfer shall not exceed sixty (60)
days, with one sixty (60) day extension in any given year by
permission of the Department.
I. Dockside Sales Endorsement
1. Applicability: The
endorsement shall authorize the license 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.
2. Eligibility: 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.
3. Dockside sales made
pursuant to the Dockside Sales Endorsement must be reported to the
Department with a Paper Dockside Sales Endorsement Logbook issued by
the Department. There is no additional fee for this logbook.
a. All dockside sales reports
and reports of no sales activity are due to the Division of Marine
Fisheries quarterly.
b. 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
Endorsement Logbook.
4. Only the
licensee/permittee, or a regularly employed crew member of the
licensee/permittee, may sell lobsters and crabs at dockside under the
Dockside Sales Endorsement. To be eligible to conduct such sales, a
crew member must first receive written authorization from the
licensee/permittee. Such authorization shall be in the form of a
type-written statement, signed and dated by the licensee/permittee
that expressly authorizes the crew member to act on behalf of the
licensee/permittee with regard to dockside sales. The statement shall
further specify: the name of the crew member, the name of the vessel
from which the sales are conducted, and the month and year that the
crew member began working on the vessel. The statement shall be kept
on the vessel and be available at all times for inspection by
Department personnel. A crew member who is acting on behalf of a
licensee/permittee 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. The annual fee for the
Dockside Sales Endorsement shall be twenty-five dollars ($25.00).
11. The Dockside Sales
Endorsement is not subject to an application deadline.
J. Research Set Aside (RSA)
Endorsement
1. Applicability: The RSA
Endorsement shall authorize the holder to land marine species, for
sale, in Rhode Island, in accordance with RSA quota obtained from the
National Marine Fisheries Service.
2. 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.
3. Both the RSA Endorsement
and the Exempted Fishing Permit must be obtained prior to the landing
of any RSA quota for State quota monitored species in Rhode Island.
4. Upon presentation of a
valid Exempted Fishing Permit from the Department, an RSA Endorsement
will be issued.
5. Annual fee: Twenty-five
dollars ($25.00)
6. The RSA Endorsement is not
subject to an application deadline.
K. Paper Catch and Effort
Harvester Logbook Endorsement
1. Applicability: The Paper
Catch and Effort Harvester Logbook Endorsement shall authorize the
license holder to use a Paper Harvester Catch and Effort Logbook in
lieu of electronic reporting to report catch and effort information.
The Paper Catch and Effort Harvester Logbook is issued by the
Director.
2. If declared as the
reporting method, the Paper Catch and Effort Harvester Logbook
Endorsement fee must be paid at the time of application.
3. Paper Catch and Effort
Harvester Logbook submissions will not be accepted from a license
holder who does not hold the endorsement.
4. Annual fee: Twenty-five
dollars ($25.00)
2.7.7 Licenses,
Endorsements and Vessel Declarations; Non-Resident
A. 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:
1. Non-Restricted Finfish;
2. Restricted Finfish.
B. Non-Resident Commercial
Fishing License
1. Applicants must be at least
eighteen (18) years old.
2. 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.
3. The Division of Marine
Fisheries 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 §
2.7.7(B)(2) of this Part. 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 § 2.7.7(B)(2) of this Part through a certified copy of the
relevant Regulation. This copy is to be forwarded to the Division of
Marine Fisheries for review and approval a minimum of two (2) weeks
before a license may be issued.
4. Annual fee: One hundred
fifty dollars ($150.00) plus fifty dollars ($50.00) per endorsement
C. Non-Resident Principal
Effort License
1. Applicability: The holder
of a Non-Resident Principal Effort License is authorized to harvest,
land and sell any species of fish for which he/she holds the
appropriate endorsement(s) – Restricted and/or Non-Restricted
Finfish.
2. Eligibility: Eligible
applicants must demonstrate that their State of residence complies
with § 2.7.7(B)(2) of this Part regarding treatment of Rhode
Island residents.
3. Annual fee: Four hundred
dollars ($400.00), plus one hundred dollars ($100.00) per endorsement
D. Non-Resident Vessel
Declaration
1. Applicants must comply with
the requirements of § 2.7.6(H) of this Part, provided that
temporary transfers of vessel declarations between vessels less than
twenty-five feet (25’) in length via vessel declaration plates
are not permitted.
2. Annual fee: Fifty dollars
($50.00), plus one dollar and fifty cents ($1.50) for each whole foot
over twenty-five feet (25’) in length overall
2.7.8 Landing Permits
A. General Requirements
1. A Landing Permit or a valid
Rhode Island Resident or Non-Resident License 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.
2. If the operator of a vessel
carrying seafood products notifies the Department's Division of Law
Enforcement at least four (4) 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.
3. 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.
4. 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.
5. The individual in charge of
a vessel subject to § 2.7.8(A) of this Part must be in
possession of a Landing Permit issued to that individual in order for
that vessel to legally enter Rhode Island waters.
6. Landing Permits are not
subject to an application deadline.
B. Resident Landing Permit
1. Applicability: The holder
of a Resident Landing Permit is authorized to land, sell, or offer
for sale any marine fishery species or product, in accordance with
all applicable Rules and Regulations governing those species.
2. Annual fee: Two hundred
dollars ($200.00)
C. Non-Resident Landing Permit
with Restricted Finfish
1. Applicability: The holder
of a Non-Resident Landing Permit with Restricted Finfish is
authorized to 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.
2. Annual fee: Four hundred
dollars ($400.00)
3. A 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 fisheries management plan determines
there to be excess harvesting capacity in the Rhode Island commercial
quota for that species.
4. A renewal of Non-Resident
Landing Permit with Restricted Finfish is considered to be a new
permit subject to the provisions of § 2.7.8(C)(3) of this Part
unless the applicant can show evidence of Rhode Island landings of
more than one thousand (1,000) pounds of that species per year in
four (4) of the five (5) 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.
5. 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 § 2.7.8(C)(3) of this
Part.
D. Non-Resident Landing Permit
1. Applicability: The holder
of a Non-Resident Landing Permit is authorized to 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.
2. Annual fee: Four hundred
dollars ($400.00)
2.8 Recreational Saltwater Fishing
Licenses
2.8.1 General Provisions
A. Applicability: 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 §
2.8 of this Part, 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 Rhode Island
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 § 2.8 of this Part shall be deemed a violation, subject to
the penalties set forth under R.I. Gen. Laws § 20-2.2-8.
2.8.2 Exemptions
A. No license is required for:
anglers or spearfishers who are under sixteen (16) years of age;
anglers or spearfishers on party or charter vessels that are licensed
in accordance with R.I. Gen. Laws § 20-2-27.1; licensed party or
charter vessel 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.