Title 20
Fish and Wildlife

Chapter 4
Commercial Fisheries

§ 20-4-14. Direct sales.

(a) The director of the department of environmental management pursuant to the authority and provisions of this title 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), or by the authorized agent/crewmember 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; and

(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) shall be conducted.

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

(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.