250-RICR-90-00-5
250-RICR-90-00-5. Lobsters, Crabs and Other Crustaceans (version Amendment, 01/05/2021 to 01/04/2022)
5.1 Purpose
The purpose of these Rules
and Regulations is to supplement and simplify and/or clarify existing
regulations in order to more efficiently manage the marine resources
of Rhode Island.
5.2 Authority
These Regulations are adopted
pursuant to R.I. Gen. Laws Title 20, R.I. Gen. Laws Chapters 42-17.1,
42-17.6, and 42-17.7, and in accordance with R.I. Gen. Laws §
42-35-18(b)(5), Administrative Procedures Act.
5.3 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.
5.4 Definitions
See Rhode Island Marine
Fisheries Regulations, Part 1
of this Subchapter.
5.5 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.
5.6 Superseded Rules and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 these
Regulations shall be superseded. However, 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 filed.
5.7 General Lobster and Crab Pot
Provisions
A. No person except the
Director shall place, set, keep, maintain, sell, transfer, or have in
his/her possession any pot, trap, car, or any other device used in
taking or holding lobster or crabs, nor take, remove, or carry away
from the beach or shore any pot, trap, car, or other device or line
(warp) or buoy without the written permission of the owner (R.I. Gen.
Laws § 20‑7‑12.1).
B. Raising lobster pots at
night: No person shall raise or unduly disturb any lobster pot or
trap within the territorial waters of this State between the hours of
one (1) hour after sundown and one (1) hour before sunrise (R.I. Gen.
Laws § 20-7-13).
C. Removal of branded numbers
from lobster pots: No person shall set, maintain, or have in his/her
possession any lobster pots from which the branded numbers have been
altered, obliterated, or removed, with the intent to defraud or
deprive the owner (R.I. Gen. Laws § 20‑7‑12).
D. Buoys: Each pot used for
the taking of lobsters or crabs shall bear a color scheme on the
attached buoy consistent with the color stated on the license. In
cases where natural conditions render it impractical to separately
buoy each pot, the Director may grant permission to buoy such pots in
an alternative manner (R.I. Gen. Laws § 20‑7‑11).
1. Color scheme: The buoy
color scheme shall be displayed on any lobster boat used by the
licensee such that those colors shall be painted on port and
starboard sides of the hull in a section not less than one foot (1')
square. Or a clearly painted buoy shall be set at the highest point
on the boat excluding the mast and be visible for three hundred sixty
degrees (360°). The buoy or colors must be prominently displayed
on the vessel at all times that lobster gear fished under that
license is in the water (R.I. Gen. Laws § 20-7-11.1(a)).
2. No person shall place, set,
lift, raise, unduly disturb, draw in, or transfer any pot used for
the taking of lobsters unless the color scheme of the attached buoy
is the same as the color scheme that is on file with the license
application and displayed on the boat used by that person, or unless
that person is duly licensed and possesses written permission from
the rightful owner of the pot, trap, or other device (R.I. Gen. Laws
§ 20‑7‑11.1(b)).
5.8 Lobster
5.8.1 RI State Waters and
LCMA 2 (Inshore Southern New England)
A. Minimum size: Three and
three eighths inches (3-3/8”) carapace length
B. Maximum size: Five and one
quarter inches (5-1/4”) carapace length
C. Egg-bearing female
lobsters: No person shall have in his/her possession at any time any
female lobster bearing eggs or from which the eggs have been brushed
or removed (R.I. Gen. Laws § 20-7-10).
D. Mandatory v-notching: Any
person or vessel permitted or declared to fish in LCMA 2 shall
v-notch all legal-sized egg bearing female lobsters.
E. Prohibition on possession
of v-notched female American lobsters: Any v-notched lobster shall be
immediately returned to the water from which taken. No person shall
retain on board, land, or possess any v-notched female American
lobster.
F. Penetrating devices: No
person shall use a spear, gig, gaff, or other such penetrating device
to harvest lobsters.
G. Possession of lobster meat:
No fishing vessel operating in Rhode Island territorial waters shall
have on board at any time more than one (1) pound of cooked or
uncooked lobster meat for each person on board that vessel (R.I. Gen.
Laws § 20‑7‑14).
H. Mutilation of uncooked
lobster meat: No person shall mutilate any uncooked lobster by
severing its tail from its body or have in his/her possession any
part or parts of any uncooked lobster so mutilated (R.I. Gen. Laws §
20-7-14).
I. Lobster pots
1. Maximum size: Twenty-two
thousand nine hundred fifty (22,950) cubic inches
2. Escape vents: Each and
every lobster pot, set, kept, or maintained or caused to be set,
kept, or maintained in any of the waters in the jurisdiction of this
State by any person properly licensed, shall contain an escape vent
in accordance with the following specifications (R.I. Gen. Laws §
20-7-11(a)):
a. At least one (1)
rectangular escape vent with an unobstructed opening measuring not
less than two inches by five and three quarters inches (2” x
5-¾”); or two (2) circular escape vents, each with an
unobstructed opening measuring not less than two and five eighths
inches (2-5/8”) in diameter; or
b. An unobstructed gap caused
by raising both ends of a bottom lath in the parlor section two
inches (2”) from the bottom; or
c. An unobstructed gap caused
by separating both ends of two (2) vertical laths on the end of the
parlor section by two inches (2”); or
d. An unobstructed gap created
by cutting wires in a wire trap in such a manner as to meet the
minimum size and number of vents required in accordance with this
section.
e. The vent or gap shall be
installed or made in each parlor section on the sides or end panel.
Traps equipped with multiple parlor sections and having a central
entrance funnel(s) separating the parlor sections must adhere to the
escape vent requirements specified above in each parlor section.
Traps equipped with multiple parlor sections that are linked in
series (“in-line”) must adhere to the escape vent
requirements specified in the terminal, or end parlor section.
f. Lobster traps not
constructed entirely of wood must contain a ghost panel with the
following specifications:
(1) The opening to be covered
by the ghost panel must be rectangular and shall not be less than
three and three quarters inches by three and three quarters inches
(3-3/4” x 3-3/4”).
(2) The panel must be
constructed of, or fastened to the trap with one (1) of the following
untreated materials: wood lath, cotton, hemp, sisal, or jute twine
not greater than three sixteenths of an inch (3/16”) in
diameter, or non‑stainless, uncoated ferrous metal not greater
than three thirty-seconds of an inch (3/32”) in diameter.
(3) The door of the trap may
serve as the ghost panel if fastened with a material specified in
previous paragraph.
(4) The ghost panel must be
located in the outer parlor(s) of the trap and not the bottom of the
trap.
J. Non-commercial (i.e.
recreational) Regulations:
1. A non-commercial lobster
pot or diver license is available to Rhode Island residents only. A
non-commercial lobster licensee shall not offer for sale or sell
lobsters (R.I. Gen. Laws §§ 20-2-24 and 20-7-3).
a. Non-commercial lobster pots
(1) A holder of a
non‑commercial lobster pot license may set, place, or maintain
in the water not more than five (5) lobster pots at any one (1) time
(R.I. Gen. Laws § 20‑7‑3).
(2) Trap tags: A lobster trap
tag issued by the Director is required to be attached to each pot
deployed. Tags shall be permanently attached to the trap bridge or
central cross member of the trap and be clearly visible for
inspection. A one (1) tag over-allotment will be issued for a routine
loss. Tags shall be valid for the calendar year in which the license
is issued.
b. Diver lobster license: A
holder of a non-commercial lobster diver license shall take no more
than eight (8) lobsters in any one (1) day. No diver shall use a
spear, gig, gaff, or other penetrating device to harvest lobsters or
while diving to set, open or tend lobster pots (R.I. Gen. Laws §
20‑7‑4).
K. Taking of lobsters by
commercial fishing vessels: No operator of a Rhode Island registered
vessel engaged in trawling for finfish in Rhode Island territorial
waters may retain and sell any lobsters taken unless properly
licensed by the Department (R.I. Gen. Laws § 20-7-2).
1. Licensing of owner-operated
vessels: No vessel may be used in the commercial taking of lobsters
unless the operator is the registered or documented owner of said
vessel. If a corporation is the documented owner of a vessel, the
operator shall be the majority owner of that corporation. This
Regulation shall in no way abridge a licensee’s right pursuant
to R.I. Gen. Laws § 20-7-6.
2. Use of commercial license
by agent or employee: If a commercial lobster licensee becomes
incapacitated for any reason from using that license, that person may
permit his/her agent or employee to perform those duties under the
license. Prior authorization from the Director is required for the
use of a commercial license by an agent or employee due to
incapacitation (R.I. Gen. Laws § 20-7-6). Criteria for use of
license:
a. The applicant must provide
application on forms prescribed by the Director;
b. The agent or employee must
be a citizen of the United States;
c. The application must
include a written statement signed by a duly-licensed physician
stating that the applicant/licensee is incapacitated and unable to
participate in the lobster fishery, the reason for that incapacity,
and the anticipated duration of such incapacity. For the purpose of
this section, the term incapacity shall be defined as the inability,
due to medical reasons, to place, set, keep, maintain, supervise,
lift, raise, or draw in any pot or other contrivance designed or
adapted for the catching of lobsters. The Director may grant
permission to the incapacitated applicant/licensee, for a period not
to exceed ninety (90) days, to transfer his/her duties under such
license to a designated agent or employee. This permission may be
continued for an additional ninety (90) days upon submission to the
Director of a duly-licensed physician's statement documenting such
need. Further extensions may be granted at the discretion of the
Director, but in no case may the period of transfer of duties exceed
a total of one (1) year.
d. Upon Director authorization
for use of a license by an agent or employee, the authority of the
licensee to sell or commercially harvest lobsters under such license
shall be transferred in its entirety to the designated agent or
employee. The agent or employee must carry the license of the
incapacitated licensee and the written authorization by the Director
on his/her person at all times while engaged in any portion of the
lobster fishery.
e. By making application for
the transfer of duties to an agent or employee, the
applicant/licensee accepts responsibility for the actions of the
transferee under the authority of said license.
3. Commercial possession limit
of lobsters taken by gillnet or otter trawl: Maximum of one hundred
(100) lobsters per day (based on a twenty-four (24) hour period), or
five hundred (500) lobsters per trip for trips five (5) days or
longer
L. Lobster trap allocation
(LTA)
1. No person may take or
possess lobster commercially in LCMA 2 unless taken by a lobster trap
authorized pursuant to a lobster trap allocation (LTA) issued by the
Department, or as incidental catch by an otter trawl or gillnet.
2. No person may deploy more
lobster traps than the number allocated per their LTA.
3. The Director is the LTA
authority in LCMA 2 for all Rhode Island residents, both
State-licensed and Federally-permitted.
4. No holder of any LTA may
lease his/her allocation, or any portion thereof.
M. LTA transfers
1. Eligibility
a. LTA transferors: Any
State-licensed, Federally-permitted, or dually
Federally-permitted/State-licensed holder of a Department or NOAA
Fisheries-issued LTA is eligible to transfer some or all of his/her
LTA, subject to the terms and conditions set forth below.
b. LTA transferees: Any Rhode
Island resident is eligible to obtain one (1) or more transfer(s) of
Department issued LTAs, subject to the terms and conditions set forth
below. Any Rhode Island resident or non-resident is eligible to
obtain one (1) or more transfer(s) of NOAA Fisheries-issued LTAs,
subject to the terms and conditions set forth below.
c. All holders of LTAs
assigned to a Rhode Island State commercial fishing license only
(i.e. no Federal permit) must annually renew their Rhode Island State
commercial fishing license, or that portion of their Rhode Island
State commercial fishing license that authorizes them to commercially
harvest lobsters from Rhode Island State waters with lobster traps,
in order to remain eligible to transfer any portion of their LTA.
2. LTA transfer application
a. All transfers of LTAs must
be authorized by the Director.
b. Applications for LTA
transfers shall be made on forms prescribed by the Director. All
applications must be signed by both the transferor and transferee,
and notarized.
c. Applications for transfers
may be submitted from June 1 through November 30 for the following
fishing year.
d. Transfers shall become
effective the year following the approval of the application.
e. The LTA transferor and
transferee are not bound by any Rules or Regulations of the
Department relating to any payment or compensation between LTA
transferor and transferee associated with any LTA transfer. Holders
of LCMA 2 LTAs assigned to Rhode Island State waters may sell, give,
or otherwise convey some or all of their allocation without
limitation, provided that they comply with all terms and conditions
set forth herein.
3. Types of allowable
transfers
a. Partial or full LTA
transfers without sale of business: An LTA transferor may transfer a
portion or all of his/her Department or NOAA Fisheries-issued LTA. In
any such case, the LTA transferor may retain his/her license/permit
and fishing business.
b. Full LTA transfer with sale
of business: Pursuant to Part 2
of this Subchapter, Commercial and Recreational Saltwater Fishing
Licensing Regulations, a licensed fishermen who has been actively
fishing his license/permit and wishes to sell his vessel and gear and
retire his license may do so, and in so doing, enable the buyer
(transferee) to acquire a new, corresponding license and endorsement.
In any such situation, the transaction must include the transfer of
all of the seller’s (transferor’s) Department or NOAA
Fisheries-issued LTA, along with any and all history associated with
the license/permit.
c. Partial and full business
transfers of multi-LCMA LTA: Recipients of either a partial LTA
transfer or full LTA transfer with sale of business from a Federal
permit that has a multi-LCMA LTA shall retain the multi-LCMA history
and may fish in any of the LCMAs that the LTA allows and would be
bound by the most restrictive Rule when declaring to be fishing in
multiple LCMAs.
4. LTAs assigned to a dual
Federal permit/State license holder cannot be divided and apportioned
between the permit/license. A dual Federal permit/State license
holder’s LTA will be considered indivisible. If a dual Federal
permit/State license holder “splits” his/her
permits/license by transferring either the Federal permit or State
license to another entity, then the entire fishing history, including
any LTA is to remain with the Federal permit.
5. A dual Federal permit/State
license holder who permanently relinquishes or surrenders his/her
Federal limited access lobster permit can allow his/her LTA to be
transferred to his/her State license.
6. Transfers of any LTA must
remain within the LCMA from which they originate. An LTA from one (1)
LCMA is only valid in the LCMA from which it originally qualified and
cannot be transferred to another LCMA.
7. The LTA of the seller (LTA
transferor) shall be reduced in all LCMAs in which the seller has
been assigned an LTA by the amount of LTA that is transferred prior
to application of the ten percent (10%) conservation tax.
8. Partial transfers of LTA
assigned to LCMA 2, whether State-licensed, Federally-permitted, or
dually Federally-permitted/State-licensed, shall involve a minimum of
ten (10) LTA units (i.e. lobster traps), and occur in minimum units
of ten (10) LTA units thereafter, until the remaining LTA is less
than ten (10) lobster traps.
9. If an LTA assigned to LCMA
2 falls below ten (10) lobster traps, and the holder wishes to
transfer his/her allocation, the entire allocation must be
transferred in a single transaction, and the lobster trap allocation
transferor shall be prohibited from participation in the LCMA 2
commercial lobster trap fishery until such time as said license
holder re-acquires LTA assigned to LCMA 2.
10. All transfers of LCMA 2
LTAs, including all partial and full trap allocation transfers and
all transfers associated with the sale of business, shall be subject
to a ten percent (10%) conservation tax. The tax shall be applied to
each and every transfer including all initial transfers and any/all
subsequent transfers. Transfers of less than ten (10) lobster traps
shall not be subject to the ten percent (10%) conservation tax.
11. An LCMA 2 LTA transferee
may engage in any number of transfers, provided that the total number
of traps held at any one (1) time does not exceed eight hundred
(800).
12. Any LTA transferee who
obtains an LCMA 2 LTA assigned to a Rhode Island State commercial
fishing license only (i.e. no Federal permit) must currently have a
Principle Effort License with a lobster endorsement or a State
multipurpose endorsement, which shall be necessary in order to
commercially harvest lobsters from Rhode Island State waters with
lobster traps.
N. Single Ownership Trap Cap
or Individual Permit Cap for LCMA 2
1. Single ownership cap allows
the purchase and accumulation of traps over and above the active trap
cap (currently eight hundred (800) traps for LCMA 2). The single
ownership cap is one thousand six hundred (1,600) traps for an
individual or corporation at a given time. Traps in excess of the
active trap cap may not be fished until activated by the permitting
State or agency. A transfer tax will not be assessed on traps
activated from the permit holder’s individual permit cap (Trap
Bank) to an active trap. Newly purchased traps, along with traps
already owned by a permit holder, may combine to equal the number of
traps necessary to go through active reductions in order to end up at
the final trap level of eight hundred (800) traps.
2. Sunset Provision for the
Single Ownership Cap: The single ownership cap allows the purchase
and accumulation of traps over and above the active trap cap
(currently eight hundred (800) traps for LCMA 2). This is to allow
for businesses that are cut in the upcoming annual trap reductions to
efficiently rebuild their business. The single ownership cap will
expire two (2) years after the last trap reduction as specified in
Addendum XVIII to Amendment 3 to the American Lobster Fisheries
Management Plan. At that time, LCMA 2 will revert back to the
historical eight hundred (800) active trap cap allocation only.
O. Aggregate Ownership Cap or
Owner Accumulation Limits for LCMA 2: Under this addendum, an entity
may not own more than one thousand six hundred (1,600) traps (eight
hundred (800) active and eight hundred (800) banked traps). However,
those individuals who had more than two (2) permits in December 2003
may retain the number they had at that time, but may not own or share
ownership of any additional permits.
P. License and LTA Tracking:
The Department shall maintain records to track all Department or NOAA
Fisheries issued LTAs and LTA transfers for resident State license
holders and resident Federal permit holders.
Q. LTA reduction for LCMA 2
1. Initial LTA reduction:
Effective Year one (1) of LTA reduction schedule, each and every LCMA
2 LTA shall be reduced by twenty-five percent (25%) from the original
LCMA 2 LTA determination and be permanently retired from the LCMA 2
lobster trap fishery for conservation purposes. For State-only
license holders, LTA reductions are from the original LCMA 2 LTA
determinations and any LCMA 2 LTA obtained subsequent to the initial
LCMA 2 LTA determination. For Federal permit or dual State
license/Federal permit holders, LTA reductions are from the LTA
accepted by the Federal permit or dual State license/Federal permit
holders after NOAA Fisheries completes their LTA process.
Additionally, any other LTA from any other LCMA that was obtained by
the Federal permit or dual State license/Federal permit holder
subsequent to the initial LTA determination is also subject to this
twenty-five percent (25%) LTA reduction.
2. Annual LTA reduction
schedule: Effective beginning Year two (2) of the LTA reduction
schedule and on June 1 in each of the next four (4) consecutive
years, each and every LCMA 2 LTA shall be reduced by five percent
(5%) from the preceding year’s LCMA 2 LTA. The annual LTA
reductions shall be assessed to both active and banked LCMA 2 LTAs,
with the annual LTA reductions being permanently retired from the
LCMA 2 lobster trap fishery for conservation purposes.
LCMA 2 – LTA Reduction
Schedule:
Year
%
Reduction
2016
25%
2017
5%
2018
5%
2019
5%
2020
5%
2021
5%
R. Commercial lobster trap
tags
1. No person shall set, haul
or maintain from, in, or upon the waters under the jurisdiction of
the State of Rhode Island any lobster pot for taking of American
lobster without the pot having a valid State of Rhode Island lobster
trap tag.
2. Application for trap tags
shall be made on forms as prescribed by the Director.
3. Tags shall be permanently
attached to the trap bridge or central cross member of each trap and
be clearly visible for inspection.
4. Tags shall be valid from
June 1 through May 31 annually.
5. All lobster trap tags shall
be a permanent, single-use design.
6. No person shall transfer
lobster trap tags between lobster traps or between individuals or
vessels.
7. No person shall file a
false claim of trap or trap tag loss.
8. No person shall possess at
any one (1) time more lobster trap tags than are authorized.
9. Only lobster trap tags for
the current fishing year and the immediate previous or following
fishing year shall be allowed to remain attached to each lobster
trap.
10. The ten percent (10%)
over-allotment of original trap tags for routine losses shall not be
deployed (if issued) such that the total number of traps deployed is
greater than the authorized allocation.
11. Issuing authority: The
Director is the authority for the issuance of lobster trap tags for
the State of Rhode Island, and shall have complete oversight over the
program.
a. For State-licensed
residents and non-residents who possess a Federal Limited Access
Lobster Permit, the Director may request authority to issue trap tags
to Federal Limited Access Lobster Permit holders under a signed
Memorandum of Agreement (MOA) with NOAA Fisheries. If such an
agreement is not established, NOAA Fisheries shall be the issuing
authority.
b. The State of Rhode Island,
under a signed Memorandum of Agreement (MOA) with the NOAA Fisheries,
shall recognize lobster trap tags issued by NOAA Fisheries as being
valid within waters under the jurisdiction of the State, provided
that the Federal Limited Access Lobster Permit holder also possesses
a valid Rhode Island commercial fishing license to harvest lobster.
12. Trap tag types and
issuance
a. Original trap tags:
Commercial licensees may order up to their original trap tag
allocation, plus a ten percent (10%) over-allotment to allow for
replacement due to routine trap losses. When a routine loss of an
original trap tag or trap occurs, the ten percent (10%)
over-allotment of original trap tags issued shall be used to replace
the lost tag or trap.
b. Gear rotation trap tags:
Commercial licensees may order trap tags to be used for gear rotation
and maintenance. The number of gear rotation trap tags issued shall
not exceed the licensee’s original trap tag allocation. Gear
rotation trap tags shall be held by the Director. The Director shall
issue gear rotation trap tags on a one-for-one (1-for-1) basis upon
receipt of the original tags.
c. Catastrophic loss trap
tags: Commercial licensees may order up to two (2) complete sets of
catastrophic loss trap tags, in an amount equal to the number of
original tags ordered, to be used in the event of catastrophic loss
or to replace original trap tags not received.
(1) Catastrophic loss trap
tags shall be held by the Director.
(2) When a catastrophic loss
occurs, a complete duplicate set of ordered catastrophic trap tags
shall be issued. Original trap tags will become null and void upon
issuance of catastrophic loss trap tags.
(3) Catastrophic loss trap
tags shall be distinguishable from original trap tags (i.e. color).
(4) Application for
catastrophic loss trap tags shall be made on forms prescribed by the
Director and signed by the commercial licensee under penalty of
perjury. The Department shall review the application for catastrophic
loss tags form within one (1) week after receipt.
(5) In State waters,
catastrophic loss trap tags must be placed in traps within ten (10)
days after issuance.
(6) The Department shall
report the issuance of catastrophic loss trap tags and the voiding of
original trap tags to the Department of Law Enforcement (DLE).
(7) The DLE must be notified,
in writing by certified mail, in cases of extenuating circumstances
that do not permit catastrophic loss trap tags to be attached to
traps.
(8) Catastrophic trap tag loss
shall be reported immediately to the DLE. Recovery of original
lobster trap tags that have been reported as catastrophic loss shall
be reported immediately to the DLE.
(9) In the event that
catastrophic loss trap tags are not immediately available, the
Director may authorize the use of new traps until catastrophic loss
trap tags are received by said licensee.
(10) Following the issuance of
catastrophic loss trap tags, no person shall deploy a lobster trap
for which a catastrophic loss trap tag has been issued and which does
not display a valid catastrophic loss trap tag.
13. For persons possessing a
valid Rhode Island commercial fishing license (licensee) for the
catching, taking, or landing of American lobster, and who also own or
are incorporated/partnered in a vessel(s) holding a Federal Limited
Access Lobster Permit (Federal Lobster Permit), the following shall
apply:
a. No harvesting of lobster
may occur in any LCMA by means of any lobster trap for which a trap
tag has not been issued. All vessels owned/incorporated/partnered by
said licensee which hold a Federal Lobster Permit shall annually
declare all LCMA(s) in which the licensee intends to fish during the
fishery year. Said declaration shall be made at the time of
application for the issuance of lobster trap tags on forms prescribed
by the Director.
b. Once declared, an LCMA may
not be changed until the next fishery year. An LCMA declared to the
Director shall be identical to the LCMA declared to the NOAA
Fisheries or vessels holding a Federal Lobster Permit on forms
provided by NOAA Fisheries concerning the fishing activities during
the subject period by the vessel owned/incorporated/partnered by said
licensee.
c. If any discrepancies
between the LCMA declared to the Director and NOAA Fisheries are
revealed, the NOAA Fisheries LCMA declarations shall govern. Any
lobster trap tags issued based on conflicting information provided to
NMFS shall become null and void and must be returned to the issuing
authority.
d. Federal (EEZ) waters
lobster trap tags shall be distinguishable from Rhode Island State
waters lobster trap tags by color.
e. No licensees
owning/partnered/incorporated in vessel(s) holding an LCMA 2 Federal
Lobster Permit shall be permitted to deploy, place, set, tend, haul,
lift, raise, supervise, or maintain lobster traps from said LCMA 2
Federally-permitted vessel(s), or to catch/take American lobster
within the jurisdiction of the State of Rhode Island from said LCMA 2
Federally-permitted vessel(s), unless the lobster traps are tagged
with Federally-designated lobster trap tags that includes an LCMA 2
declaration, issued to said Federally-permitted vessel(s).
f. If multiple LCMA’s
are declared and management measures for the declared LCMA’s
differ, any vessel owner permitted to fish in the Federal Exclusive
Economic Zone (EEZ) must comply with the most restrictive management
measures of the LCMAs declared, except in regard to trap caps and
trap allocations. For trap caps and trap allocations, the most
restrictive Rule will be applied on an LCMA trap cap/trap allocation
basis without regard to the individual’s or vessel’s trap
cap or trap allocation.
S. Land-based lobster
processing permit
1. A land-based lobster
processing permit is required for the land-based processing of whole
uncooked lobsters.
2. The possession of lobster
tails, claws, or other lobster body parts at sea or in any unlicensed
facility is prohibited.
3. Lobster body parts which
are possessed by the land-based processor shall come from legal-sized
lobsters only. For the purposes of this section, a legal-sized
lobster meets the minimum size and has a dorsal midline length of the
sixth (6 th ) abdominal (tail) segment of at least one and
one sixteenth inches (1-1/16”);
4. Application: Application
for a Land-Based Lobster Processing Permit shall be made on forms
prescribed by the Director.
5. The applicant must possess
a Rhode Island Department of Health Food Processor's License and a
Rhode Island Lobster Dealer's License.
6. Containers in which
processed lobster body parts are packed and which are to be sold,
shipped, or transported shall be clearly labeled with the license
number of the processor.
7. The applicant shall
maintain records at the processing facility of lobster purchases,
including the license numbers of the sellers for a period of two (2)
years.
5.8.2 LCMA 1 (Inshore Gulf
of Maine)
A. Minimum size: Three and one
quarter inches (3-1/4”) carapace length
B. Maximum size: Five inches
(5”) carapace length
C. Minimum escape vent size:
In each parlor section of the lobster trap, at least one (1)
rectangular escape vent with an unobstructed opening measuring not
less than two inches by five and three quarters inches (2” x
5¾”), or two (2) circular escape vents, each measuring
not less than two and one half inches (2½”) diameter
D. Maximum trap size:
Twenty-two thousand nine hundred and fifty (22,950) cubic inches
E. Prohibition on possession
of v-notched female American lobsters – zero tolerance
v-notching definition: No person, including, but not limited to,
fishermen, dealers, shippers, and restaurants, shall retain on board,
land, or possess any v-notched female American lobster. In LCMA 1, a
v-notched female lobster means any female lobster bearing a v-shaped
notch of any size in the flipper next to and to the right of the
center flipper, as viewed from the rear of the female lobster.
V-notched female lobster also means any female lobster which is
mutilated in such a manner as to hide, obscure, or obliterate such a
mark. The flipper to the right of the center flipper will be examined
when the underside of the lobster is down and its tail is toward the
person making the determination.
F. Mandatory v-notching: Any
person or vessel permitted or declared to fish in LCMA 1 shall
v-notch all legal-size egg-bearing female lobsters and return them to
the water immediately.
G. Limits on landings by
fishermen using gear or methods other than traps: Landings by
fishermen using gear or methods other than traps (non-trap fishermen)
will be limited to no more than one hundred (100) lobsters per day
(based on a twenty-four (24) hour period) up to a maximum of five
hundred (500) lobsters per trip, for trips five (5) days or longer.
5.8.3 LCMA 3 (Offshore
Waters)
A. Minimum size: Three and
seventeen thirty-seconds inches (3-17/32”) carapace length
B. Maximum size: Six and three
quarters inches (6 ¾”) carapace length
C. Minimum escape vent size:
In each parlor section of the lobster trap, at least one (1)
rectangular escape vent with an unobstructed opening measuring not
less than two and one sixteenth inches by five and three quarter
inches (2-1/16” x 5-¾”) or two (2) circular vents,
each with an unobstructed opening measuring not less than two and
eleven sixteenths inches (2-11/16”) diameter.
D. Maximum trap size: Thirty
thousand one hundred (30,100) cubic inches
E. Prohibition on possession
of v-notched female American lobsters: No person, including, but not
limited to, fishermen, dealers, shippers, and restaurants, shall
retain on board, land, or possess any v-notched female American
lobster.
F. Mandatory v-notching: There
is no v-notching requirement in LCMA 3.
G. Limits on Landings by
fishermen using gear or methods other than traps: Landings by
fishermen using gear or methods other than traps (non-trap fishermen)
will be limited to no more than one hundred (100) lobsters per day
(based on a twenty-four (24) hour period) up to a maximum of five
hundred (500) lobsters per trip, for trips five (5) days or longer.
H. Limits on the Number of
Traps
1. Qualification Criteria: The
trap limit in LCMA 3 shall be based on the historical level of traps
fished by a vessel in LCMA 3. To qualify for LCMA 3 participation,
vessels must meet all of the following criteria:
a. A vessel must be able to
demonstrate a history of two (2) consecutive calendar months of
active lobster trap fishing in LCMA 3 in any year between March 25,
1991 and November 1, 1997.
b. A vessel must hold a
current Federal lobster permit endorsed for traps.
c. Applicants for an LCMA 3
trap allocation are required to produce sales receipts or records
showing the landing of at least twenty-five thousand (25,000) pounds
of lobster from throughout the range of the resource during the year
used as the qualifying year and between March 25, 1991 and November
1, 1997.
2. Basis for Initial Trap
Limit Number: Initial trap allocations to qualifying vessels (Federal
Limited Access Lobster Permit holders that meet the performance
criteria listed above) shall be based on the applicant’s choice
of year and trap level, in the water in LCMA 3, during the period
from January 1, 1994 through November 1, 1997. Vessels that did not
lobster trap fish in LCMA 3 during the period from January 1, 1994
through November 1, 1997, but did qualify as a Federal Limited Access
Lobster Permit holder, must pick the most recent year in which they
actively fished lobster traps in LCMA 3, such year not to pre-date
the March 25, 1991 control date.
3. Maximum Initial Trap
Allocation is three thousand two hundred fifty (3,250) Traps: No
vessel shall be given an Initial trap allocation of more than three
thousand two hundred fifty (3,250) traps, regardless of previous
historical participation.
4. Vessels Applying for both
LCMA 3 and Additional LCMA Trap Allocations: Vessels applying for
multiple LCMA trap allocations must use the same period to determine
their total trap numbers to avoid allocating more total traps to an
individual/vessel than that individual/vessel had in the water at any
one (1) time. Applicants for LCMA 3 trap allocations, who are also
applicants for trap allocations in other LCMAs, must meet the same
qualifying criteria as defined above.
5. Certification of Initial
trap Allocation Applications: Within sixty (60) days of the close of
the trap application period, the Regional Administrator should
publish a notice that specifies preliminary initial lobster trap
allocations for each Federal Limited Access Lobster Permit holder.
The amounts will be based on lobster trap information submitted by
the applicant in accordance with the evaluation process, and other
information considered appropriate by the Regional Administrator. The
notice will provide for a thirty (30) day public comment period.
Simultaneous with the publication, the same information contained in
the notice (including the thirty (30) day comment period) will appear
in a Notice to Permit Holders.
I. Trap Reduction Schedule for
LCMA 3: Each LCMA 3 trap allocation of greater than one thousand two
hundred (1,200) lobster traps will be reduced on a sliding scale
basis over a four (4) year period. Trap reduction will not go below a
baseline level of one thousand two hundred (1,200) lobster traps.
LCMA 3 trap allocations of less than one thousand two hundred (1,200)
lobster traps will remain at their initial qualifying level and will
not be permitted to increase up from that number. The LCMA 3 trap
reduction schedule is as follows:
Initial
Allocation
3250
3000
2800
2600
2400
2200
2000
1800
1600
1400
Year
1
2656
2493
2357
2218
2076
1930
1762
1628
1467
1290
Year
2
2493
2351
2230
2107
1981
1849
1715
1573
1423
1251
Year
3
2351
2225
2117
2008
1896
1776
1654
1523
1380
1213
Year
4
2267
2150
2050
1949
1845
1732
1616
1492
1352
1200
J. There shall be no area
closure between LCMA 1 and LCMA 3.
K. Reporting requirements for
LCMA 3: For any person or vessel permitted and declared to fish in
LCMA 3, it shall be required to fill out multi-species logbooks until
a lobster-specific logbook is approved.
L. LCMA 3 “Choose and
Use” provision: Once qualified for historic participation in
LCMA 3, a Federal lobster permit holder requesting an LCMA 3
designation (LCMA declaration) is required to permanently designate
LCMA 3 on his/her/vessel Federal permit. Federal permit holders have
a one (1) time opportunity to drop the LCMA 3 designation. In
addition, when an LCMA 3 Federal permit is sold or transferred,
permanent designation can be reconsidered, which allows the new owner
the decision of whether or not they wish to designate/declare LCMA 3
on his/her/vessel Federal permit.
M. LCMA 3 LTA transfers
1. Transfers of LTA assigned
to LCMA 3 may only be made to individuals/entities with a Federal
lobster permit.
2. Partial transfers of LTA
assigned to LCMA 3, whether Federally-permitted or dually
Federally-permitted/State-licensed, shall involve a minimum of ten
(10) LTA units (i.e. lobster traps), and occur in minimum units of
ten (10) LTA units thereafter, until the remaining LTA is less than
ten (10) lobster traps.
3. If LTA assigned to LCMA 3
falls below ten (10) lobster traps, and the holder wishes to transfer
the LTA, the entire allocation must be transferred in a single
transaction, and the lobster trap allocation transferor shall be
prohibited from participation in the LCMA 3 commercial lobster trap
fishery until such time as said individual/entity re-acquires LTA
assigned to LCMA 3.
4. All transfers of LCMA 3
LTAs, including all partial and full trap allocation transfers and
all transfers associated with the sale of a business, shall be
subject to a ten percent (10%) conservation tax. The tax shall be
applied to each and every LTA transfer, including all initial
transfers and any/all subsequent transfers. Transfers of less than
ten (10) lobster traps shall be prohibited.
5. The maximum allowable LTA
assigned to LCMA 3 shall be two thousand (2,000) traps. An LCMA 3 LTA
transferee may engage in any number of transfers, provided that the
total number of traps held at any one (1) time does not exceed two
thousand (2,000).
6. Active Trap Cap for LCMA 3:
Year
Trap
Cap
Year
0
2,000
Year
1
1,900
Year
2
1,805
Year
3
1,715
Year
4
1,629
Year
5
1,548
This schedule assumes that
NOAA Fisheries will implement a two thousand (2,000) trap cap with
the next set of Federal Rules and phase in a twenty-five percent
(25%) trap cut during the next five (5) years.
7. Single Ownership Cap or
Individual Permit Cap for LCMA 3: The Single Ownership Cap allows for
the purchase and accumulation of traps over and above the Active Trap
Cap limit. This will allow a permit holder to obtain trap allocation
from other permit holder in excess of the individual trap cap limit.
This additional allocation may not be fished until activated by the
permit holder’s governing agency.
8. Individual Permit Cap Table
for LCMA 3:
Year
Number
of Traps
Year
0
2,333
Year
1
2,216
Year
2
2,105
Year
3
2,000
Year
4
1,900
Year
5
1,800
This schedule assumes that
NOAA Fisheries will implement a two thousand (2,000) trap cap with
the next set of Federal Rules and phase in a twenty-five percent
(25%) trap cut during the next five (5) years.
9. Aggregate Ownership Cap or
Ownership Accumulation Limits (Full Exemption): No single company or
individual may own traps greater than five (5) times the Single
Ownership Cap if they have not already accumulated them prior to the
NMFS publishing a present-day control date. However, should an
individual owner qualify to be in excess of the Aggregate Ownership
Cap before the control date is published, that owner will retain
their existing trap ownership and that owner may only increase trap
ownership up to the Single Ownership/Individual Permit Cap. Any
ownership with an accumulation of fewer traps than the Aggregate Cap
at the time the control date is published may not exceed the
Aggregate Ownership Cap, as detailed in the table below:
Year
Active
Trap Cap
Individual
Permit Cap
Aggregate
Permit Cap (5x Individual Permit Cap)
Year
0
2,000
2,333
11,665
Year
1
1,900
2,216
11,080
Year
2
1,805
2,105
10,525
Year
3
1,715
2,000
10,000
Year
4
1,629
1,900
9,500
Year
5
1,548
1,800
9,000
10. License and LTA Tracking:
The Department shall maintain records to track all Department or NOAA
Fisheries issued LTAs and LTA transfers for resident State license
holders and resident Federal permit holders.
11. Annual LTA reduction
schedule for LCMA 3: Effective Year One (1) of the LTA reduction
schedule, and on June 1 in each of the next four (4) consecutive
years, each and every LCMA 3 LTA shall be reduced by five percent
(5%) from the preceding year’s LCMA 3 LTA. The annual LTA
reductions shall be assessed to both active and banked LCMA 3 LTAs,
with the annual LTA reductions being permanently retired from the
LCMA 3 lobster trap fishery for conservation purposes.
LCMA 3 – LTA Reduction
Schedule:
Year
%
Reduction
Year
1
5%
Year
2
5%
Year
3
5%
Year
4
5%
Year
5
5%
5.8.4 LCMA 4 (Inshore
Northern Mid-Atlantic)
A. Minimum size: Three and
three eighths inches (3-3/8”) carapace length
B. Maximum size: Five and one
quarter inches (5-¼”) carapace length
C. Minimum escape vent size:
In each parlor section of the lobster trap, at least one (1)
rectangular escape vent with an unobstructed opening measuring not
less than two inches by five and three quarters inches (2” x
5-¾”), or two (2) circular escape vents, each with an
unobstructed opening measuring not less than two and five eighths
inches (2 5/8”) diameter.
D. Maximum trap size:
Twenty-two thousand nine hundred and fifty (22,950) cubic inches
E. Prohibition on possession
of v-notched female American lobsters: No person, including, but not
limited to, fishermen, dealers, shippers, and restaurants, shall
retain on board, land, or possess any v-notched female American
lobster.
F. Mandatory v-notching: Any
person or vessel permitted or declared to fish in LCMA 4 shall
v-notch all legal-sized egg bearing female lobsters and return them
to the water immediately.
G. Limits on landings by
fishermen using gear or methods other than traps: Landings by
fishermen using gear or methods other than traps (non-trap fishermen)
will be limited to no more than one hundred (100) lobsters per day
(based on a twenty-four (24) hour period) up to a maximum of five
hundred (500) lobsters per trip, for trips five (5) days or longer.
H. Limits on the Number of
Traps
1. Qualification Criteria: The
trap limit in LCMA 4 shall be based on the historical level of traps
fished by an individual. To qualify for LCMA 4 participation,
individuals must prove participation in the LCMA 4 lobster fishery
between March 25, 1991 and September 15, 1998.
2. Basis for Initial Trap
Limit Number: Initial trap allocations to qualifying individuals
shall be based on the number of traps fished in any one (1) calendar
year during the period from January 1, 1994 through September 15,
1998. Individuals that did not lobster trap fish in LCMA 4 during the
period from January 1, 1994 through September 15, 1998, but did fish
between 1991 and 1993, inclusive, must pick the most recent year in
which they actively fished lobster traps in LCMA 4, such year not to
pre-date the March 25, 1991 control date. Individuals shall be
allocated the total number of traps fished.
I. Area closures: It shall be
unlawful to harvest lobsters using trap gear in four (4) closed
areas: (1) Fire Island; (2) Moriches; (3) Shinnecock and; (4)
Montauk. Fishermen may fish traps for finfish in these areas, but may
not possess lobsters while fishing in these designated areas. These
areas were designated using Loran coordinates. The following GPS
coordinates are rough conversions of the Loran line coordinates. The
closed area boundaries are:
1. Fire Island:
Point
Latitude
(°N)
Longitude
(°W)
Loran
A
(NW)
40°
31.344
73°
25.823
26730/43710
B
(NE)
40°
33.233
73°
09.249
26600/43710
C
(SE)
40°
23.377
73°
11.708
26600/43620
D
(SW)
40°
23.464
73°
10.976
26730/43620
2. Moriches:
Point
Latitude(°N)
Longitude(°W)
Loran
A
(NW)
40°
24.276
72°
46.617
26400/43605
B
(NE)
40°
25.688
72°
34.048
26300/43605
C
(SE)
40°
18.380
72°
35.063
LCMA
3 boundary; 26300 line
D
(SW)
40°
12.831
72°
48.559
26400/43500
3. Shinnecock:
Point
Latitude(°N)
Longitude(°W)
Loran
A
(NW)
40°
34.389
72°
27.420
14960/43670
B
(NE)
40°
35.904
72°
16.223
14890/43670
C
(SE)
40°
27.997
72°
13.117
LCMA
3 boundary; 14890 line
D
(SW)
40°
23.105
72°
23.782
LCMA
3 boundary; 14960 line
4. Montauk:
Point
Latitude
(°N)
Longitude
(°W)
Loran
A
(NW)
40°
34.389
72°
12.521
14850/43730
B
(NE)
40°
46.053
71°
56.974
17850/43730
C
(SE)
40°
37.120
71°
53.188
LCMA
3 boundary; 126300 line
D
(SW)
40°
30.741
72°
07.616
LCMA
3 boundary; 26300 line
J. Season closure: A season
closure to the landing of lobsters from April 30 through May 31
annually is required for any person or vessel permitted and declared
to fish in LCMA 4. During this closure, lobster potters will have a
two (2) week period to remove lobster pots from the water and may set
lobster pots one (1) week prior to the end of the closed season.
5.8.5 LCMA 5 (Inshore
Southern Mid-Atlantic)
A. Minimum size: Three and
three eighths inches (3-3/8”) carapace length
B. Maximum size: Five and one
quarter inches (5-¼”) carapace length
C. Minimum escape vent size:
In each parlor section of the lobster trap, at least one (1)
rectangular escape vent with an unobstructed opening measuring not
less than two inches by five and three quarters inches (2” x
5-¾”), or two (2) circular escape vents, each with an
unobstructed opening measuring not less than two and one half inches
(2-½”) diameter
D. Maximum trap size:
Twenty-two thousand nine hundred fifty (22,950) cubic inches
E. Prohibition on possession
of v-notched female American lobsters: No person, including, but not
limited to, fishermen, dealers, shippers, and restaurants, shall
retain on board, land, or possess any v-notched female American
lobster.
F. Mandatory v-notching: Any
person or vessel permitted or declared to fish in LCMA 5 shall
v-notch all legal-sized egg bearing female lobsters and return them
to the water immediately.
G. Limits on Landings by
fishermen using gear or methods other than traps: Landings by
fishermen using gear or methods other than traps (non-trap fishermen)
will be limited to no more than one hundred (100) lobsters per day
(based on a twenty-four (24) hour period) up to a maximum of five
hundred (500) lobsters per trip, for trips five (5) days or longer.
H. Limits on the Number of
Traps
1. Qualification Criteria: The
trap limit in LCMA 5 shall be based on the historical level of traps
fished by an individual. To qualify for LCMA 5 participation,
individuals must prove participation in the LCMA 5 lobster fishery
between March 25, 1991 and September 15, 1998.
2. Basis for Initial Trap
Limit Number: Initial trap allocations to qualifying individuals
shall be based on the number of traps fished in any one (1) calendar
year during the period from January 1, 1994 through September 15,
1998. Individuals that did not lobster trap fish in LCMA 5 during the
period from January 1, 1994 through September 15, 1998, but did fish
between 1991 and 1993, inclusive, must pick the most recent year in
which they actively fished lobster traps in LCMA 5, such year not to
pre-date the March 25, 1991 control date. Individuals shall be
allocated the total number of traps fished.
I. Season closure: A season
closure to the landing of lobsters from February 1 through March 31
annually is required for any person or vessel permitted and declared
to fish in LCMA 5. During this closure, lobster potters will have a
two (2) week period to remove lobster pots from the water, and may
set lobster pots one (1) week prior to the end of the closed season.
5.8.6 LCMA 6 (New York and
Connecticut State Waters)
A. Minimum size: Three and
five sixteenths inches (3-5/16”) carapace length
B. Maximum size: Five and one
quarter inches (5-1/4”) carapace length
C. Minimum escape vent size:
In each parlor section of the lobster trap, at least one (1)
rectangular escape vent with an unobstructed opening measuring not
less than two inches by five and three quarters inches (2” x
5-¾”), or two (2) circular escape vents each with an
unobstructed opening measuring not less than two and one half inches
(2-½”) diameter.
D. Maximum trap size:
Twenty-two thousand nine hundred fifty (22,950) cubic inches
E. Prohibition on possession
of v-notched female American lobsters: No person or vessel permitted
or declared to fish in LCMA 6 shall possess a v-notched female
lobster. The prohibition on possession of v-notched female lobster
applies to all persons, including, but not limited to fishermen,
dealers, shippers, and restaurants.
F. Mandatory v-notching: There
is no v-notching requirement in LCMA 6.
G. Limits on Landings by
Fishermen Using Gear or Methods other than Traps: Landings by
fishermen using gear or methods other than traps (non-trap fishermen)
will be limited to no more than one hundred (100) lobsters per day
(based on a twenty-four (24) hour period) up to a maximum of five
hundred (500) lobsters per trip, for trips five (5) days or longer.
H. Limits on the Number of
Traps
1. Qualification Criteria: The
trap limit in LCMA 6 shall be based on the historical level of traps
fished by an individual. To qualify for LCMA 6 participation,
individuals must prove participation in the LCMA 6 lobster fishery
between January 1, 1995 and June 8, 1998.
2. Basis for Initial Trap
Limit Number: Initial trap allocations to qualifying individuals
shall be based on the number of traps fished in any one (1) calendar
year during the period from January 1, 1995 through June 8, 1998.
I. Season Closure: A season
closure to the landing of lobsters from September 8 through November
28 annually is required for any person or vessel permitted and
declared to fish in LCMA 6. The season closure applies to both
recreational and commercial fisheries and all gears. Between those
dates possession of lobsters taken from LCMA 6 or from traps with
LCMA 6 trap tags is prohibited. During this closure, lobster potters
will have a two (2) week period to remove lobster pots from the water
and may set lobster pots one (1) week prior to the end of the closed
season. Traps cannot be baited until one (1) week prior to reopening
(November 22).
5.8.7 Outer Cape Cod LCMA
A. Minimum size: Three and one
half inches (3-½”) carapace length
B. Maximum size: There is no
maximum size for American lobster in the Outer Cape Cod LCMA.
C. Minimum escape vent size:
In each parlor section of the lobster trap, at least one (1)
rectangular escape vent with an unobstructed opening measuring not
less than two and one sixteenths inches by five and three quarters
inches (2-1/16” x 5-¾”) or two (2) circular escape
vents measuring two and eleven sixteenths inches (2-11/16”).
D. Maximum trap size:
Twenty-two thousand nine hundred fifty (22,950) cubic inches
E. Prohibition on possession
of v-notched female American lobsters: It shall be unlawful for any
person or vessel permitted or declared to fish in the Outer Cape Cod
LCMA to possess a v-notched female lobster. The prohibition on
possession of a v-notched female lobster applies to all persons,
including, but not limited to, fishermen, dealers, shippers, and
restaurants.
F. Mandatory v-notching
requirements: There is no v-notching requirement in the Outer Cape
Cod LCMA.
G. Limits on landings by
fishermen using gear or methods other than traps: Landings by
fishermen using gear or methods other than traps (non-trap fishermen)
will be limited to no more than one hundred (100) lobsters per day
(based on a twenty-four (24) hour period) up to a maximum of five
hundred (500) lobsters per trip, for trips five (5) days or longer.
H. Trap Reduction Schedule for
Outer Cape Cod LCMA: Beginning in 2002 and extending through 2008, a
twenty percent (20%) reduction in the total number of lobster traps
allowed to be fished will occur in the Outer Cape Cod LCMA. An
additional five percent (5%) reduction in the total number of lobster
traps allowed to be fished per year may be employed in 2006 and 2007,
if necessary, to meet lobster egg production goals and objectives.
1. In order to control the
expansion of fishing effort, an overall total number of traps allowed
to be fished in the Outer Cape Cod LCMA has been established from the
sum of individual maximum traps reported by each Outer Cape Cod LCMA
lobster fisher on Massachusetts (MA) catch reports in the year 1998.
A reduction of this total number of traps by twenty percent (20%)
will be implemented and resulting individual trap allotments will be
defined accordingly during the stock rebuilding period. The starting
trap allotments for each lobster fisher in the year 2002 will be
based on MA 2000 catch report statistics. Allotments will be debited
thereafter as needed by MA Division of Marine Fisheries (DMF).
Participants in the 2001 Outer Cape Cod lobster trap fishery, who
received a license through the MA DMF or waiting list provisions
during 2001, and as a result, have no prior lobster fishing history
(i.e. filed catch reports) in the Outer Cape Cod LCMA, will receive a
trap allotment based on proof of documentation of the number of traps
they fished during 2001. These allotments will be apportioned from a
percentage of the overall trap cap, not to exceed two percent (2%) of
the total. Those who received a transferred license with an Outer
Cape Cod LCMA fishing history will receive a starting trap allotment
based on that history.
2. The annual trap transfer
period will be January 1 – March 31. Trap tags may be
transferred among Outer Cape Cod LCMA lobster fishers to allow an
individual business to build up or down within the maximum allowable
eight hundred (800) trap limit, however, a passive reduction in traps
will occur with each trap transfer event at the rate of ten percent
(10%). For example, if one hundred (100) trap tags are transferred to
a lobster fisher, the net transaction received by that lobster fisher
will be ninety (90) and the overall Outer Cape Cod LCMA trap cap will
be reduced accordingly. The trap cap may be adjusted downward over
time through active and/or passive reduction measures until such time
that the Fishing mortality rate is reduced to a level below F10%.
3. Each time a lobster license
is transferred to another lobster fisher within the Outer Cape Cod
LCMA, the trap tag allowance associated with that license will be
reduced by ten percent (10%). No new participants will be permitted
to partake in the Outer Cape Cod LCMA lobster fishery without
receiving trap tags through a transfer from those fishing within the
established total trap cap.
4. A trap haul-out period will
occur from January 1 – March 31 each year to assist in the
enforcement of the trap cap. There will be no lobster trap in the
waters of the Outer Cape Cod LCMA during this time period.
5.9 Blue Crab
A. Harvest by Rhode Island
residents only: The harvest of blue crabs by non-residents is
prohibited (R.I. Gen. Laws § 20-7-15).
B. Minimum size: Five inches
(5”) as measured across the shell from tip to tip of spike
C. Season: Open all year
D. Possession limit:
Twenty-five (25) crabs
1. The possession limit is
unlimited if harvested by a scoop or crab net, trot, or hand line.
E. No person shall take blue
crabs from the waters of the State between the hours of sunset and
sunrise (R.I. Gen. Laws § 20-7-15).
F. No person shall take, offer
for sale, or possess at any time any female blue crab bearing eggs
visible thereon or from which the egg pouch or bunion shall have been
removed (R.I. Gen. Laws § 20‑7‑16).
5.10 Horseshoe Crab
A. Harvest by residents only:
The harvest of horseshoe crabs by non-residents is prohibited.
B. Minimum size: Seven inches
(7”) prosomal width
C. Permit required: No person
shall harvest horseshoe crabs without a valid Horseshoe Crab Harvest
Permit obtained from the Director. Application for this permit shall
be made on forms prescribed by the Director.
1. Eligibility: The permit is
available to all licensed persons authorized to harvest horseshoe
crab.
2. Permit conditions
a. The permit is valid only
for the calendar year of issuance.
b. Reporting
(1) Reporting of landings
shall be on forms as prescribed by the Director.
(2) Weekly reporting: All
permit holders shall provide a report of landings for each calendar
week either by telephone or in writing, including reports of no
landings. Reports shall be submitted no later than Monday 4:00PM for
the previous calendar week’s landings.
(3) Monthly reporting: All
permit holders shall provide a monthly report in writing including
the number of crabs taken, locations of harvest, and use (bait,
biomedical purposes, or other reasons). These reports shall not be
made public and shall be kept only for statistical purposes.
c. Biomedical harvest
(1) Horseshoe crabs harvested
and transported to a biomedical facility for purposes of extracting
bodily fluids shall be returned to the waters from which they were
taken within seventy-two (72) hours following the completion of the
biomedical procedure, or intended procedure, if no procedure was
performed.
(2) The dealer is responsible
and liable for returning the crabs and shall make every attempt to
assure their survival. Prior to returning the crabs to the water, the
dealer shall report to DEM’s Division of Law Enforcement by
calling 401-222-3070, and include the name of dealer, the number of
crabs being returned, and location where the crabs will be returned.
(3) Horseshoe crabs must be
transported to and from a biomedical facility in a
temperature-controlled vehicle at or below seventy degrees Fahrenheit
(70˚ F). Containers of crabs must be secured and at most two
thirds (2/3) full.
3. Penalties for
non-compliance: In addition to the penalties for non-compliance as
specified in § 1.11
of this Subchapter, penalties for reporting non-compliance are as
follows:
a. First instance: A first
(1 st ) offense shall result in a warning being issued to
the permit holder.
b. Second instance: A second
(2 nd ) offense shall result in revocation of the permit for
the remainder of the calendar year for which the permit is issued.
c. Third instance: A third
(3 rd ) offense shall result in revocation of the permit for
the remainder of the calendar year for which the permit is issued,
and also result in the prohibition to apply for the permit in the
subsequent year.
D. Seasons and possession
limits
1. Recreational
a. Season: Open January 1
through December 31
b. Possession limit: Five (5)
horseshoe crabs per person per day
2. Commercial bait fishery
a. Quota: Established annually
as allocated by the ASMFC or as determined by DMF based on the
current stock status
b. Season and possession limit
(1) January 1 through April 30
annually: Sixty (60) crabs per person per day
(2) May 1 through May 31
annually: Closed to harvest
(3) June 1 through December 31
annually: Sixty (60) crabs per person per day
3. Commercial biomedical
fishery
a. Quota: Established annually
after consultation with permitted biomedical facilities; not to
exceed the total allowable harvest as determined by DMF based on the
current stock status
b. Season: Open January 1
through December 31 annually
c. Possession limit: Unlimited
d. Harvest restriction: No
person shall harvest horseshoe crabs for biomedical purposes during
the period forty-eight (48) hours preceding and forty-eight (48)
hours following the new and full moons during the month of May
annually
E. No person shall harvest
horseshoe crabs for commercial or recreational purposes on or within
one hundred feet (100’) seaward of Patience and Prudence
Islands in Narragansett Bay.
F. Prohibition on possession
of non-indigenous horseshoe crab species: No person shall possess or
attempt to possess in the cooked or un-cooked (frozen) state any
non-indigenous (non-native) horseshoe crab species without prior,
written authorization by the Department. The only species of
horseshoe crab which may be possessed within the jurisdictional
limits of the State of Rhode Island is the Atlantic Horseshoe Crab.
G. A control date of January
6, 2017 is established for the horseshoe crab fishery. This control
date has been established by the Department for potential future use
in establishing eligibility criteria for future access to the
fishery.
5.11 Jonah Crab
A. Recreational
1. Season: Open all year
2. Possession limit: Fifty
(50) whole Jonah Crabs per person per day
B. Commercial
1. Eligibility for
participation in Directed Fishery: Any licensed person who holds a
lobster trap allocation (LTA), or any person who does not hold an LTA
but can prove participation in the Jonah Crab fishery prior to the
control date, shall be eligible for continued participation in the
fishery. Proof of participation shall be documented by Rhode Island
Harvester Logbooks and/or SAFIS dealer reports.
a. Control date: The control
date for the Jonah Crab fishery is June 2, 2015.
2. Minimum size: Four and
three quarters inches (4-3/4”) as measured across the widest
point of the carapace
3. Minimum escape vent and
maximum trap size: Minimum escape vent and maximum trap size for a
trap utilized in the taking of Jonah Crab shall meet the requirements
as specified in § 5.8.1(I) of this Part pertaining to lobster
pots.
4. Season: Open all year
5. Possession limit
a. Directed Fishery: Unlimited
b. Incidental Catch Provision:
One thousand (1,000) crabs per vessel per calendar day provided the
poundage of crabs does not exceed the poundage of other species on
board the vessel at all times during a fishing trip.
C. Harvest restrictions
1. Egg-bearing Jonah Crabs: No
person shall take, offer for sale, or possess at any time any female
Jonah Crab bearing eggs visible thereon or from which the egg pouch
or bunion shall have been removed.
2. Only whole Jonah Crab may
be retained and sold.
5.12 Atlantic Rock Crab
Control date: The control
date for the Atlantic Rock Crab fishery is June 1, 2016. This control
date has been established by the Department for potential future use
in establishing eligibility criteria for future access to the
fishery.