2015 -- H 6344

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LC001732

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO FISH AND WILDLIFE

     

     Introduced By: Representative Carol Hagan McEntee

     Date Introduced: June 24, 2015

     Referred To: House Environment and Natural Resources

     (Environmental Management)

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 20-2.1-4 and 20-2.1-5 of the General Laws in Chapter 20-2.1

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entitled "Commercial Fishing Licenses" are hereby amended to read as follows:

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     20-2.1-4. Licenses -- General provisions governing licenses issued. -- (a) Licenses and

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vessel declarations required. - It shall be unlawful for any person in Rhode Island or the waters of

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the state: (1) to catch, harvest, or to hold or transport for sale in Rhode Island any marine finfish,

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crustacean, or shellfish without a license issued under the provisions of this title, provided,

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however, that marine finfish, crustaceans, or shellfish may be transported by a duly licensed

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dealer if the marine finfish, crustaceans, or shellfish has previously been sold by a duly licensed

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person, or (2) to engage in commercial fishing from a vessel unless the vessel has been declared a

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commercial fishing vessel as provided in § 20-2.1-5(2) and has a decal affixed to it or is

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displaying a plate.

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      (b) Validation of license. - No license issued under this chapter shall be valid until

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signed by the licensee in his or her own handwriting.

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      (c) Transfer or loan of license. - Unless otherwise provided for in this title, a license

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issued to a person under this chapter shall be good only for the person to whom it is issued; and

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any transfer or loan of the license shall be grounds for revocation or suspension of that license

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pursuant to § 20-2-13.

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      (d) Reporting and inspections condition of license. - All persons granted a license under

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the provisions of this chapter are deemed to have consented to the reporting requirements

 

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applicable to commercial fishing actively that are established pursuant to this title and to the

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reasonable inspection of any boat, vessel, net, rake, bullrake, tong, dredge, trap, pot, vehicle,

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structure, or other contrivance used regularly for the keeping or storage of fish, shellfish or

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crustaceans, and any creel, box, locker, basket, crate, blind, fishing, or paraphernalia used in

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conjunction with the licensed activity by persons duly authorized by the director. The provisions

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of § 20-1-8(a)(7)(ii) shall apply to these inspections.

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      (e) Possession, inspection, and display of license. - Every person holding a license issued

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under this chapter shall have that license in his or her possession at all times while engaged in the

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licensed activity and shall present the license for inspection on demand by any authorized person.

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Any person who shall refuse to present a license on demand shall be liable to the same

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punishment as if that person were fishing without a license.

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      (f) Application for license. - Every person entitled to a license under this chapter shall

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file an application with the director or the director's authorized agent, properly sworn to, stating

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the name, age, occupation, place of residence, mailing address, weight, height, and color of hair

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and eyes of the applicant for whom the license is wanted and providing any other information that

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may be required pursuant to rule in order to effectuate the purposes of this chapter, and pay the

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fees as provided in this chapter. All licenses issued under this chapter shall be valid only for the

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calendar year of issuance, unless otherwise specified in this chapter or in the rules and regulations

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adopted pursuant to this chapter. If the person will be either the owner or the operator as provided

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in § 20-2.1-5(5) of a commercial fishing vessel, the person shall declare on the application for

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each commercial fishing vessel, the vessel name, length, horsepower, registration number, federal

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permit number if any, gear type(s), the principal fishery or fisheries, and average projected crew

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size.

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      (g) Application deadline, grace period for renewals, and limitation on appeals after the

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deadlines. - For commercial marine fishing licenses provided for in §§ 20-2.1-5 and 20-2.1-6, the

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following provisions shall apply: (1) unless otherwise specified in this chapter, an individual

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qualified to obtain a license must submit an application to the department of environmental

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management no later than February 28 of each year; license application shall be deemed valid if

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submitted to the department prior to the close of regular office hours on February 28, or if

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postmarked by February 28; (2) unless otherwise specified in this title, no new or renewed

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licenses shall be issued after February 28 of each year, unless an applicant has submitted an

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application by the February 28 deadline required by this section; (3) the department shall notify

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all license holders, in writing, regarding the December 31 expiration and the February 28 renewal

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deadline no later than November 1 of each year; (4) for renewals of existing commercial marine

 

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fishing licenses that expire on December 31 of the immediately preceding year, there shall be a

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sixty (60) day grace period from the renewal deadline of February 28; licenses issued during the

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grace period shall be subject to a late fee in the amount of two-hundred dollars ($200) in addition

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to all other applicable fees; (5) except as provided for in subsection (g)(4) or § 20-2.1-5 (1)(iv)(A)

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the department shall not accept any applications submitted after February 28; and (6) there shall

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be no right to request reconsideration by the commercial fishing license review board or appeal to

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the department of environmental management's administrative adjudication division (AAD) for

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the rejection of any new license applications submitted after February 28, or any license renewal

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applications submitted after the sixty (60) day grace period, except in the case of a documented

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medical hardship as defined herein.

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      (h) Lost or destroyed licenses and duplicate licenses. - Whoever loses or by a mistake or

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accident destroys his or her certificate of a commercial marine fisheries license may, upon

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application to the department accompanied by an affidavit fully setting forth the circumstances of

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the loss, receive a duplicate certificate for the remainder of the year covered by the original

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certificate, for a fee of ten dollars ($10.00) for each duplicate license.

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      (i) Revocation of licenses.

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      (1) License revocation. - The license of any person who has violated the provisions of

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this chapter, or rules adopted pursuant to the provisions of this chapter or rules and regulations

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that pertain to commercial fishing and reporting issued pursuant to this title, may be suspended or

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revoked by the director as the director shall determine by regulation. Any person aggrieved by an

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order of suspension or revocation may appeal this order in accordance with the provisions of the

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Administrative Procedures Act, chapter 35 of title 42.

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      (2) False statements and violations; cancellation of license. - Any person who willfully

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makes a false representation as to birthplace or requirements of identification or of other facts

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required in an application for license under this chapter, or is otherwise directly or indirectly a

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party to a false representation, shall be punished by a fine of not more than fifty dollars ($50.00).

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A license obtained by any person through a false representation shall be null and void, and the

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license shall be surrendered immediately to the director. No license shall be issued under this title

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to this person for a period of one year from the date of imposition of a penalty under this section.

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      (3) False, altered, forged, or counterfeit licenses. - Every person who falsely makes,

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alters, forges, or counterfeits, or who causes to be made, altered, forged, or counterfeited, a

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license issued under this chapter or title or purporting to be a license issued under this chapter or

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title, or who shall have in his or her possession such a license knowing it to be false, altered,

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forged, or counterfeit, is guilty of a misdemeanor and is subject to the penalties prescribed in §

 

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20-1-16.

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      (j) Expiration. - Unless otherwise specified in this title, all licenses issued under this

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chapter shall be annual and shall expire on December 31 of each year. It shall be unlawful for any

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person to fish commercially in Rhode Island waters on an expired license; and the application and

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grace periods set forth in subsections (g)(1) and (g)(4) above shall not extend the validity of any

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expired license.

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      (k) Notice of change of address. - Whenever any person holding any commercial fishing

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license shall move from the address named in his or her last application, that person shall within

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ten (10) days subsequent to moving notify the office of boat registration and licensing of his or

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her former and current address.

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     20-2.1-5. Resident licenses. -- The director shall establish as a minimum the following

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types of licenses set forth in this section. In addition, the director may establish any other classes

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and types of licenses and endorsements, consistent with the provisions of this chapter and with

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adopted management plans, that may be necessary to accomplish the purposes of this chapter:

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      (1) Types of licenses.

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      (i) Commercial fishing license. - Rhode Island residents shall be eligible to obtain a

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commercial fishing license; the license shall allow the holder to engage in commercial fishing in

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fisheries sectors, per endorsement at basic harvest and gear levels. The annual fee for a

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commercial fishing license shall be fifty dollars ($50.00) and twenty-five dollars ($25.00) for

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each endorsement at the basic harvest and gear levels.

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      (ii) Principal effort license. - Duly licensed persons in a fishery as of December 31 of the

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immediately preceding year, shall be eligible to obtain a principal effort license for the fishery

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sector for which they were licensed on December 31 of the immediately preceding year, which

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principal effort license shall allow its holder to fish in a fishery sector at the full harvest and gear

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levels. The annual fee for a principal effort license shall be one hundred fifty dollars ($150).

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Principal effort license holders, in addition to the fishery sector of their principal effort, shall be

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eligible to obtain endorsements for the other fishery sectors at the full harvest and gear levels, if

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and when those endorsements are made available; the annual fee for each other fishery sector

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endorsement shall be seventy-five dollars ($75.00). Principal effort license holders shall also be

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eligible to obtain a commercial fishing license with endorsements except for fisheries in which

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the license holder can fish at the full harvest and gear levels.

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      (iii) Multi-purpose license. - All multi-purpose license holders as of December 31 of the

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immediately preceding year, shall be eligible to obtain a multi-purpose license, which shall allow

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the holder to engage in commercial fishing in all fisheries sectors at the full harvest and gear

 

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levels. At the time of application for a multi-purpose license and each annual renewal of it, the

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applicant shall make a non-binding declaration of which fishing sectors the applicant intends to

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place significant fishing effort during the period covered by the license. The annual fee for multi-

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purpose license shall be three hundred dollars ($300).

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      (iv) Special licenses.

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      (A) Student shellfish license. - A resident twenty-three (23) years or younger shall pay

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fifty dollars ($50.00) for a student commercial license to take shellfish upon provision of proof of

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full-time student status. An individual qualified to obtain a license must submit an application to

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the department of environmental management no later than June 30 of each year; a license

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application shall be deemed valid if submitted to the department prior to the close of regular

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office hours on June 30, or if postmarked by June 30.

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      (B) Over sixty-five (65) shellfish license. - A resident sixty-five (65) years of age and

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over shall be eligible for a shellfish license to shellfish commercially and there shall be no fee for

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this license.

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      (2) Vessel declaration and fees; gear endorsement and fees.

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      (i) Vessel declaration and fee. - (A) The department shall require the owner and/or the

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operator of a commercial fishing vessel to declare the vessel on the owner/operator's commercial

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fishing license. The declaration shall be made at the time of initial license issuance and each

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renewal, or prior to the vessels being used for commercial fishing by the owner and/or operator if

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the first usage of the vessel for commercial fishing occurs during the course of a year after the

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license has been issued or renewed. If the declaration is for a vessel of less than twenty-five feet

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(25') in length, the declaration shall be transferable to another vessel less than twenty-five feet

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(25') in length, provided the vessel is identified as commercial fishing vessel while it is being

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used for commercial fishing by displaying a plate as provided in § 20-2.1-4.

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      (B) The annual fee for each vessel declaration shall be twenty-five dollars ($25.00) for

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the first twenty-five feet (25') or under, plus fifty cents ($0.50) per foot for each whole foot over

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twenty-five feet (25'); this declaration fee shall entitle the holder to a decal. The holder of a valid

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decal for a vessel twenty-five feet (25') in length or under may obtain a plate from the department

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for display on a vessel twenty-five feet (25') in length that is being used temporarily for

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commercial fishing; the annual fee for a plate shall be fifteen dollars ($15.00).

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      (ii) Gear endorsements and fees.

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      (A) Shellfish dredging endorsement. - A resident of this state who holds a multipurpose

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license and/or an appropriate shellfish license is also eligible to apply for a shellfish dredging

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endorsement to take quahogs, mussels, and surf clams by dredges hauled by powerboat. The

 

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annual fee shall be twenty dollars ($20.00).

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      (B) Fish trap endorsements. - A person who holds a multi-purpose license and/or a

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principal effort license for finfish is also eligible to apply for a fish trap endorsement in

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accordance with the permitting provisions in chapter 5 of this title. The fee shall be twenty dollars

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($20.00) per trap location for a three (3) year period. Applicants who possessed a valid fish trap

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endorsement as of the immediately preceding year may obtain a fish trap endorsement for the

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immediately following year, subject to the same terms and conditions in effect as the immediately

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preceding year. New fish trap endorsement opportunities shall be established by the department

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by rule, pursuant to applicable management plans and the provisions in chapter 5 of this title.

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      (C) Gill net endorsements. - A person who holds a multi-purpose license and/or a

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principal effort license for finfish is also eligible to apply for a commercial gill net endorsement

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in accordance with the provisions of this section. The annual fee for a commercial gill net

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endorsement is twenty dollars ($20.00). Applicants who possessed a gill net endorsement as of

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the immediately preceding year may obtain a gill net endorsement for the immediately following

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year. New gill net endorsement opportunities shall be established by the department by rule,

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pursuant to applicable management plans.

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      (D) Miscellaneous gear endorsements. - The department may establish by rule any

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specific gear endorsements that may be necessary or appropriate to effectuate the purposes of this

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chapter and facilitate participation in a specific fishery with a specific type of gear; the fee for

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such a gear endorsement shall not be greater than two hundred dollars ($200), but may be a lesser

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amount. This endorsement shall be issued only in a manner consistent with the general

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requirements of this chapter, including specifically those governing residency.

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      (3) New licenses.

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      (i) Eligibility. - For new principal effort and multi-purpose licenses priority shall be

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given to applicants who have held a lower level of license for two (2) years or more, with

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preference to family members and crew members of a license holder who is retiring his or her

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license.

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      (ii) Priority or preference applicants. - A new license shall be granted to

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priority/preference applicants who have acquired vessel and or gear from a license holder who

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has retired a license, provided that as the result of any such transaction for each license retired not

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more than one new license may be granted, nor may the nominal effort, including the total

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number of licenses, in a fishery subject effort or catch restrictions be increased.

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      (iii) Availability of new or additional licenses. - New principal effort and multi-purpose

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licenses that increase the total number of licenses in the fishery may be made available by rule

 

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consistent with management plan for issuance effective January 1, in any year, based on status of

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resource and economic condition of fishery. Priority for new licenses shall be given to Rhode

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Island residents.

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      (4) Retirement of licenses. - Issuance of license shall not be deemed to create a property

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right such that the license can be sold or transferred by license holder; fishing licenses shall be

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surrendered to the state upon their non-renewal, forfeiture or revocation.

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      (5) Transfer for hardship. - Notwithstanding the provisions of § 20-2.1-4(c), a license

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may be transferred to a family member upon the incapacity or death of the license holder who has

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actively participated in commercial fishing. The transfer shall be effective upon its registration

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with the department. A family member shall be defined as the spouse, mother, father, brother,

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sister, child or grandchild of the transferor. The department shall make available as necessary

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operator permits to provide solely for the continued operation of a fishing vessel upon the illness,

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incapacity or death of a license holder who has actively participated in commercial fishing, which

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operator permits shall be subject at a minimum to the conditions and restrictions that applied to

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the license holder.

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      (6) Transfer of vessels and gear. - Vessels and gear may be sold, transferred, or disposed

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at the sole discretion of the owner; provided, however, that the subsequent level of use of the gear

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may be restricted in Rhode Island waters in order to accomplish the purposes of a duly adopted

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management plan or other duly adopted program to reduce effort.

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     SECTION 2. This act shall take effect upon passage.

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LC001732

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FISH AND WILDLIFE

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     This act requires applications for student shellfish licenses to be submitted no later than

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June 30 of each year.

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     This act shall take effect upon passage.

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LC001732

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