2021 -- S 0206 SUBSTITUTE A | |
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LC001098/SUB A | |
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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 | |
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Introduced By: Senators Sosnowski, Coyne, Seveney, Felag, and Gallo | |
Date Introduced: February 10, 2021 | |
Referred To: Senate Commerce | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 20-4 of the General Laws entitled "Commercial Fisheries" is hereby |
2 | amended by adding thereto the following section: |
3 | 20-4-14. Direct sales. |
4 | (a) The director of the department of environmental management pursuant to the authority |
5 | and provisions of title 20 shall issue and enforce rules, regulations and orders with respect to the |
6 | following matters and activities: |
7 | (1) Authorizing the transportation and sale of allowable species of live lobsters, live crabs |
8 | and live whelk by the holder of a license issued pursuant to subsection (a)(2) of this section, or by |
9 | the authorized agent/crew member of the license holder, from the vessel or dockside from the vessel |
10 | on which the seafood was harvested to a consumer or licensed seafood retailer. |
11 | (2) Issuance of a direct sale dealer license to applicants possessing a resident commercial |
12 | fishing license or resident landing permit, and who provide documentation to the satisfaction of the |
13 | director that the applicant has permission or authority from both the property owner and the |
14 | municipality of the location where the sales subject to the provisions of subsection (a)(1) of this |
15 | section shall be conducted. |
16 | (b) Rules, regulations and orders promulgated by the director pursuant to subsection (a) of |
17 | this section, shall include the following provisions: |
18 | (1) Only the licensee, or a regularly employed crewmember of the licensee, may sell |
19 | allowable species under the direct sale dealer license. To be eligible to conduct such sales, a |
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1 | crewmember must first receive written authorization from the licensee. Such authorization shall be |
2 | in the form of a typewritten statement, signed and dated by the licensee that expressly authorizes |
3 | the crewmember to act on behalf of the licensee with regard to direct sales. The statement shall |
4 | further specify: the name of the crewmember, the name of the vessel from which the sales are |
5 | conducted, and the month and year that the crewmember began working on the vessel. The |
6 | statement shall be kept on the vessel and be available at all times for inspection by department |
7 | personnel. A crewmember who is acting on behalf of a licensee must comply with all applicable |
8 | regulations governing direct sales, as set forth in this subsection, and the licensee shall be |
9 | responsible for any violations of regulations by the crewmember. |
10 | (2) All direct sale activities must be conducted in a manner consistent with applicable |
11 | federal, state, and municipal laws, regulations and polices governing port and marina operations. |
12 | (3) Lobsters, crabs and whelk must be sold live. |
13 | (4) Finfish may be headed, gutted, bled and filleted dockside from the vessel. No other |
14 | processing may be done dockside from the vessel. |
15 | (5) Transporting is limited to lobsters, crabs, and whelk harvested from individual vessels |
16 | and sold and transported by the individual harvester or affiliated crewmembers. The name of the |
17 | vessel and license holder, provided in writing and legible, must accompany all transported lobsters, |
18 | crabs, and whelk. |
19 | (6) All seafood must be stored and handled in a safe and sanitary manner pursuant to |
20 | department regulations. |
21 | (c) Nothing in this section shall be construed to permit: |
22 | (1) The direct sale of histamine producing fish, including bluefish, tuna, mackerel, herring, |
23 | mahi mahi, bonito, swordfish, marlin, sailfish, wahoo, anchovy, sardines, shad, menhaden as well |
24 | as amberjack, escolar, hind, jack, kahawai, milkfish, saury, scad, spearfish, sprat and trevally, and |
25 | striped bass; or |
26 | (2) The transportation for sale of finfish to consumers and/or retailers. All sales of finfish |
27 | must be sold dockside from the vessel. |
28 | SECTION 2. This act shall take effect upon passage. |
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LC001098/SUB A | |
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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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1 | This act would permit the dockside sale of allowable live lobsters, crabs and live whelk |
2 | upon issuance of a direct sale dealer license by the department of environmental management to a |
3 | commercial fishing license holder. |
4 | This act would take effect upon passage. |
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LC001098/SUB A | |
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