law15177

Chapter 177

2015 -- H 6344
Enacted 07/09/2015

A N A C T

RELATING TO FISH AND WILDLIFE

Introduced By: Representative Carol Hagan McEntee

Date Introduced: June 24, 2015

It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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

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

duly licensed person, person; or (2) to To engage in commercial fishing from a vessel unless the

vessel has been declared a commercial fishing vessel as provided in § 20-2.1-5(2) and has a decal

affixed to it or is displaying a plate.

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

signed by the licensee in his or her own handwriting.

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

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

license pursuant to § 20-2-13.

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

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

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

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

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

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

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

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

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

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

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

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

punishment as if that person were fishing without a license.

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

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

to, stating the name, age, occupation, place of residence, mailing address, weight, height, and

color of hair and eyes of the applicant for whom the license is wanted and providing any other

information that may be required pursuant to rule in order to effectuate the purposes of this

chapter, and pay the fees as provided in this chapter. All licenses issued under this chapter shall

be valid only for the calendar year of issuance, unless otherwise specified in this chapter or in the

rules and regulations adopted pursuant to this chapter. If the person will be either the owner or the

operator as provided in § 20-2.1-5(5) of a commercial fishing vessel, the person shall declare

declare, on the application for each commercial fishing vessel, the vessel name, length,

horsepower, registration number, federal permit number number, if any, gear type(s), the

principal fishery or fisheries, and average projected crew size.

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

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

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

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

environmental management no later than February 28 of each year; license application shall be

deemed valid if submitted to the department prior to the close of regular office hours on February

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

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

submitted an application by the February 28 deadline required by this section; (3) the The

department shall notify all license holders, in writing, regarding the December 31 expiration and

the February 28 renewal deadline no later than November 1 of each year; (4) for For renewals of

existing commercial marine fishing licenses that expire on December 31 of the immediately

preceding year, there shall be a sixty (60) day sixty-day (60) grace period from the renewal

deadline of February 28; licenses issued during the grace period shall be subject to a late fee in

the amount of two-hundred dollars ($200) in addition to all other applicable fees; (5) except

Except as provided for in subsection (g)(4) or § 20-2.1-5 (1)(iv)(A), the department shall not

accept any applications submitted after February 28; and (6) there There shall be no right to

request reconsideration by the commercial fishing license review board or appeal to the

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

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

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

medical hardship as defined herein.

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

mistake or accident destroys his or her certificate of a commercial marine fisheries license

license, may, upon application to the department accompanied by an affidavit fully setting forth

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

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

(i) Revocation of licenses.

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

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

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

suspended or revoked by the director as the director shall determine by regulation. Any person

aggrieved by an order of suspension or revocation may appeal this order in accordance with the

provisions of the Administrative Procedures Act, administrative procedures act, chapter 35

of title 42.

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

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

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

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

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

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

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

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

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

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

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

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

20-1-16.

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

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

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

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

expired license.

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

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

within ten (10) days subsequent to moving moving, notify the office of boat registration and

licensing of his or her former and current address.

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

minimum, the following types of licenses set forth in this section. In addition, the director may

establish any other classes and types of licenses and endorsements, consistent with the provisions

of this chapter and with adopted management plans, that may be necessary to accomplish the

purposes of this chapter:

(1) Types of licenses.

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

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

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

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

each endorsement at the basic harvest and gear levels.

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

December 31 of the immediately preceding year, shall be eligible to obtain a principal effort

license for the fishery sector for which they were licensed on December 31 of the immediately

preceding year, which principal effort license shall allow its holder to fish in a fishery sector at

the full harvest and gear levels. The annual fee for a principal effort license shall be one hundred

fifty dollars ($150). Principal effort license holders, in addition to the fishery sector of their

principal effort, shall be eligible to obtain endorsements for the other fishery sectors at the full

harvest and gear levels, if and when those endorsements are made available; the annual fee for

each other fishery sector endorsement shall be seventy-five dollars ($75.00). Principal effort

license holders shall also be eligible to obtain a commercial fishing license with endorsements

endorsements, except for fisheries in which the license holder can fish at the full harvest and

gear levels.

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

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

that shall allow the holder to engage in commercial fishing in all fisheries sectors at the full

harvest and gear levels. At the time of application for a multi-purpose license and each annual

renewal of it, the applicant shall make a non-binding declaration of which fishing sectors the

applicant intends to place significant fishing effort during the period covered by the license. The

annual fee for multi-purpose license shall be three hundred dollars ($300).

(iv) Special licenses.

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

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

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

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

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

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

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

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

this license.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) Gear endorsements and fees.

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

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

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

annual fee shall be twenty dollars ($20.00).

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

principal effort principle-effort license for finfish is also eligible to apply for a fish trap

endorsement in accordance with the permitting provisions in chapter 5 of this title. The fee shall

be twenty dollars ($20.00) per trap location for a three (3) year three-year (3) period. Applicants

who possessed a valid fish trap endorsement as of the immediately preceding year may obtain a

fish trap endorsement for the immediately following year, subject to the same terms and

conditions in effect as the immediately preceding year. New fish trap endorsement opportunities

shall be established by the department by rule, pursuant to applicable management plans and the

provisions in chapter 5 of this title.

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

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

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

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

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

pursuant to applicable management plans.

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

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

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

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

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

requirements of this chapter, including specifically those governing residency.

(3) New licenses.

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

licenses, priority shall be given to applicants who have held a lower level of license for two (2)

years or more, with preference to family members and crew members of a license holder who is

retiring his or her license.

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

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

has retired a license, provided provided, that as the result of any such transaction transaction,

for each license retired not more than one new license may be granted, nor may the nominal

effort, including the total number of licenses, in a fishery subject effort or catch restrictions be

increased.

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

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

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

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

Island residents.

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

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

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

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

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

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

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

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

available, as necessary necessary, operator permits to provide solely for the continued operation

of a fishing vessel upon the illness, incapacity incapacity, or death of a license holder who has

actively participated in commercial fishing, which operator permits shall be subject at a minimum

to the conditions and restrictions that applied to the license holder.

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

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

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

management plan or other duly adopted program to reduce effort.

SECTION 2. This act shall take effect upon passage.

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LC001732

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