2021 -- H 5921

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LC001790

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO FISH AND WILDLIFE - COMMERCIAL FISHERIES

     

     Introduced By: Representatives Price, Filippi, Quattrocchi, Place, and Nardone

     Date Introduced: February 24, 2021

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 20-4 of the General Laws entitled "Commercial Fisheries" is hereby

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amended by adding thereto the following section:

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     20-4-14. Direct sales.

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     (a) The director of the department of environmental management, pursuant to the authority

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and provisions of title 20, shall issue and enforce rules, regulations and orders, and establish and

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issue direct sale dealer licenses with respect to the following matters and activities:

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     (1) Authorizing the transportation and sale of allowable species of finfish, live lobsters,

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live crabs and live whelk by the holder of a license issued pursuant to subsection (a)(2) of this

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section, or by the authorized agent/crew member of the license holder, from the vessel or dockside

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from the vessel on which the seafood was harvested to a consumer or licensed seafood retailer;

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     (2) Issuance of a direct sale dealer license to applicants possessing a resident commercial

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fishing license or resident landing permit, and who provide documentation to the satisfaction of the

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director that the applicant has permission or authority from both the property owner and the

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municipality of the location where the sales, subject to the provisions of subsection (a)(1) of this

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section, shall be conducted.

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     (b) Rules, regulations and orders promulgated by the director pursuant to subsection (a) of

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this section, shall include the following provisions:

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     (1) Only the licensee, or a regularly employed crewmember of the licensee, may sell

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allowable species under the direct sale dealer license. To be eligible to conduct such sales, a

 

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crewmember must first receive written authorization from the licensee. Such authorization shall be

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in the form of a typewritten statement, signed and dated by the licensee that expressly authorizes

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the crewmember to act on behalf of the licensee with regard to direct sales. The statement shall

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further specify: the name of the crewmember, the name of the vessel from which the sales are

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conducted, and the month and year that the crewmember began working on the vessel. The

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statement shall be kept on the vessel and be available at all times for inspection by department

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personnel. A crewmember who is acting on behalf of a licensee must comply with all applicable

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regulations governing direct sales, as set forth in this subsection, and the licensee shall be

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responsible for any violations of regulations by the crewmember;

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     (2) All direct sale activities must be conducted in a manner consistent with applicable

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federal, state, and municipal laws, regulations and polices governing port and marina operations;

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     (3) Licensees offering allowable species for sale pursuant to the direct sale dealer license

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may only sell allowable species that they legally harvested. Sales may only be conducted by

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commercial license holders authorized to commercially harvest the species made available for sale

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or by a regularly employed crewmember of the licensee;

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     (4) The transfer of species between direct sale dealer license holders is expressly

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prohibited;

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     (5) Any change in location for a direct sale dealer license requires notification to the

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department and is subject to a license re-print fee of ten dollars ($10.00);

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     (6) Species for sale must be labeled accurately;

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     (7) Direct sale dealer license holders are exempt from any department requirement that

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summer flounder be placed in standard sixty (60) or one hundred (100) pound containers prior to

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their removal from the dealer's premises or from the point of transfer;

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     (8) Lobsters, crabs and whelk must be sold live;

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     (9) Transporting is limited to lobsters, crabs, and whelk harvested from individual vessels

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and sold and transported by the individual harvester or affiliated crewmembers. The name of the

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vessel and license holder, provided in writing and legible, must accompany all transported lobsters,

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crabs, and whelk;

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     (10) For all species subject to sale, standard harvester reporting is required (i.e. Federal

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VTR's or state catch and effort reports). Harvester reports must be completed in full and be available

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for inspection by the director prior to any species being sold pursuant to the provisions of this

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section;

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     (11) All seafood must be stored and handled in a safe and sanitary manner to include, but

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not limited to:

 

LC001790 - Page 2 of 4

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     (i) While on board the vessel, all species to be sold must be protected from contamination,

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kept shaded, maintained at or below forty-one degrees Fahrenheit (41° F) and/or buried in ice;

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     (ii) Knives/utensils and other food contact surfaces used to head, gut or bleed fish must be

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kept clean.

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     (c) Nothing in this section shall be construed to permit:

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     (1) The direct sale of histamine producing fish, including bluefish, tuna, mackerel, herring,

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mahi mahi, bonito, swordfish, marlin, sailfish, wahoo, anchovy, sardines, shad, menhaden as well

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as amberjack, escolar, hind, jack, kahawai, milkfish, saury, scad, spearfish, sprat and trevally, and

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striped bass; or

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     (2) The transportation for sale of finfish to consumers and/or retailers. All sales of finfish

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must be sold dockside from the vessel.

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     (d) Nothing in this section shall be construed to apply to any person holding a federal

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fishing permit (vessel-based) or direct donations of finfish by licensed commercial fishermen

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pursuant to department regulations.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FISH AND WILDLIFE - COMMERCIAL FISHERIES

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     This act would permit the dockside sale of allowable finfish, live lobsters, crabs and live

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whelk upon issuance of a direct sale dealer license by the department of environmental management

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to a commercial fishing license holder.

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     This act would take effect upon passage.

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LC001790

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