2021 -- S 0206 SUBSTITUTE B

========

LC001098/SUB B

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

____________

A N   A C T

RELATING TO FISH AND WILDLIFE - COMMERCIAL FISHERIES

     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:

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

amended by adding thereto the following section:

     20-4-14. Direct sales.

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

and provisions of title 20 shall issue and enforce rules, regulations and orders with respect to the

following matters and activities:

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

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

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

on which the seafood was harvested to a consumer or licensed seafood retailer.

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

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

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

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

section shall be conducted.

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

this section, shall include the following provisions:

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

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

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

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

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

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

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

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

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

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

responsible for any violations of regulations by the crewmember.

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

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

     (3) Lobsters, crabs and whelk must be sold live.

     (4) Finfish may be headed, gutted and bled dockside from the vessel. No other processing

may be done dockside from the vessel.

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

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

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

crabs, and whelk.

     (6) All seafood must be stored and handled in a safe and sanitary manner pursuant to

department regulations.

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

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

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

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

striped bass; or

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

must be sold dockside from the vessel.

     SECTION 2. This act shall take effect upon passage.

========

LC001098/SUB B

========

LC001098/SUB B - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FISH AND WILDLIFE - COMMERCIAL FISHERIES

***

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

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

commercial fishing license holder.

     This act would take effect upon passage.

========

LC001098/SUB B

========

LC001098/SUB B - Page 3 of 3