CHAPTER 78


98-S 2112A am
Enacted 7/2/98


A N    A C T

RELATING TO FISH AND WILDLIFE -- GENERAL PROVISIONS/LICENSING

Introduced By: Senators Nygaard, Gibbs, Sosnowski, Paiva Weed and Cicilline

Date Introduced : January 14, 1998

It is enacted by the General Assembly as follows:

SECTION 1. Section 20-1-3 of the General Laws in Chapter 20-1 entitled "General Provisions" is hereby amended to read as follows:

20-1-3. Definitions. -- (a) When used in this title, the following words and phrases shall have the following meanings, unless the context shall indicate another meaning:

(1) "Bushel" means a standard U.S. bushel, 2,150.4 cubic inches capacity.

(2) "Hinge width" means the distance between the convex apex of the right shell and the convex apex of the left shell.

(3) "Peck" means one-fourth (1/4) of a bushel.

(4) "Person" means an individual, corporation, partnership, or other legal entity.

(5) "Possession" means the exercise of dominion or control over the resource commencing at the time at which a decision is made not to return the resource to the immediate vicinity from which it was taken. Such a decision must be made at the first practical opportunity.

(6) "Quart" means one thirty-second ( 1/32) of a bushel.

(7) "Resident" means an individual who has had his or her actual place of residence and has lived in the state of Rhode Island for a continuous period of not less than six (6) months.

(b) When used in this title, the following common names shall mean the animals designated by the following scientific names:

Alewife -- Pomolobus or Alosa pseudoharengus

Bay quahaug -- Mercenaria mercenaria

Bay scallop -- Argopecten irradians

Blue crab -- Callinectes sapidus

Blue mussel -- Mytilus edulis

Conch/channel whelk -- Busycon canaliculatum

Conch/nob whelk -- Busycon carica

Deer -- Virginia white tail deer, Odocoileous virginianus

Eel -- Anguilla rostrata

Green crabs -- Carcinus maenas

Jonah/northern crab -- Cancer borealis

Lobster -- Homarus americanus

Menhaden -- Brevoortia tyrannus

Ocean quahaug -- Arctica islandica

Oyster -- Crassostrea virginica, Ostrea edulis

Rock crab -- Cancer irroratus

Smelt -- Osmerus mordax

Soft shell clam -- Mya arenaria

Striped bass -- Morone saxatilis

Surf clam or sea clam -- Spisula solidissima .

{ADD (8) "Nonresident Landowner"means: a nonresident citizen of the United States and owner of real estate in Rhode Island as evidenced by deed filed in the Recorder of Deeds office in a Rhode Island town or city hall. ADD}

SECTION 2. Section 20-2-22 of the General Laws in Chapter 20-2 entitled "Licensing" is hereby amended to read as follows:

20-2-22. Non-resident's shellfish license. -- (a) Every non-resident over the age of twelve (12) years may obtain a non-resident{ADD, noncommercialADD}annual shellfish license for a fee of two hundred dollars ($200).

(b) A non-resident may obtain one{ADD, noncommercial ADD} limited license per calendar year covering fourteen (14) days including date of issue for eleven dollars ($11.00).

(c) Non-resident must obtain a shellfish landing license, two hundred dollars ($200) to land shellfish (surf clams, blue mussels, ocean quahaugs "placopecten magellanicus") harvested outside Rhode Island waters.

{ADD (d) A nonresident landowner, as defined in 20-1-3 (8), who owns residential real estate in Rhode Island assessed for taxation at a valuation of not less than thirty thousand dollars ($30,000) may, with proof of residential property ownership in the manner of a current tax bill from a town or city hall showing that the nonresident landowner is current in his or her property tax obligation, obtain an annual, noncommercial, nonresident shellfish license for a fee of twenty-five dollars ($25.00). ADD}

SECTION 3. This act shall take effect upon passage.



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