2000 -- S 2343
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LC01525
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2000
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A N A C T
RELATING TO FISH AND WILDLIFE -- LICENSING
It is enacted by the General Assembly as follows:
SECTION 1. Section 20-2-1.1 of the General Laws in Chapter 20-2 entitled "Licensing" is hereby repealed in its entirety.
20-2-1.1. Commercial fishing license moratorium --
The commercial marine fishing licenses as provided in sections 20-2-20(a), (b); 20-2-21; 20-2-24(a); 20-2-25; 20-2-26; 20-2-26.1(a); 20-2-27(a), (b), (c), (1), (2), (3), (4); 20-2-28(a); and 20-2-28.1(a) shall be issued for renewal only. No new licenses shall be issued before July 1, 1998. The moratorium shall provide time for a study of the commercial marine fishing licensing program and for a recommendation to the general assembly.SECTION 2. Sections 20-2-24 and 20-2-28.1 of the General Laws in Chapter 20-2 entitled "Licensing" are hereby amended to read as follows:
20-2-24. Lobster license -- (a) Commercial- two hundred dollars ($200). The license is issued only to a legal resident of the state who is the operator of a Rhode Island registered vessel.
(b) Non-commercial pot- forty dollars ($40.00). The license is issued only to a legal resident of the state of Rhode Island.
(c) Non-commercial divers- forty dollars ($40.00). The license is issued only to a legal resident of the state of Rhode Island.
(d) Sellers- two hundred dollars ($200).
(e) Rhode Island lobster dealer- two hundred dollars ($200).
(f) Entry-level commercial: one hundred dollars ($100.00). The license allows for the use of no more than fifty (50) lobster traps and is issued only to a legal resident of the state of Rhode Island.
20-2-28.1. Multi-purpose license -- Fees -- (a) Each resident of this state is eligible to obtain a multi-purpose commercial marine license which, with the appropriate license endorsement(s) shall authorize the licensee to participate in all applicable commercial marine fisheries licensed subject to this chapter upon payment of an annual fee. of three hundred dollars ($300).
Three types of license endorsements are available with a multi-purpose license: finfish, shellfish, and lobster. The lobster license endorsement shall be issued only to a legal resident of the state who is the operator of a Rhode Island registered vessel. The annual fee for each endorsement is as follows: first endorsement, two hundred dollars ($200); second endorsement, seventy-five dollars ($75); and third endorsement, twenty-five dollars ($25.00).
(b) Multi-purpose Rhode Island dealers licenses.. - This license allows persons to deal all marine products in the state of Rhode Island, three hundred dollars ($300).
SECTION 3. Chapter 20-2 of the General Laws entitled "Licensing" is hereby amended by adding thereto the following section:
20-2-24.1. Lobster license control program. -- (a) The legislature recognizes that: (1) according to the National Marine Fisheries Service, the American lobster resource is overfished and faces the risk of a sharp decline in landings throughout its range; (2) under the provisions of the Sustainable Fisheries Act of 1996 (P.L. 94-265), the federal government is required to implement a plan to end overfishing, and a key facet of this plan is a moratorium on the issuance of new fishing permits for American lobster in waters under federal jurisdiction; (3) this management measure has strong support from the American coastal lobster industry; (4) the eventual success of effective state/federal collaboration to end overfishing is greatly dependent upon the limitation and reduction in the quantity of gear in the water that is capable of harvesting lobsters; and (5) the establishment of a lobster license control program for the state of Rhode Island is necessary to complement the existing lobster licensed moratorium in federal waters, is critical to the achievement of state/federal fishery management objectives in the rebuilding of American lobster stocks, and is essential for alleviating the severity of other management measures on the existing industry.
(b) The commercial lobster licenses as provided in sections 20-2-24(a) and 20-2-28.1(a) shall be issued for renewal only. The only licenses in the above noted sections that may be renewed for the license year commencing July 1, 2000 and thereafter are those licenses which were current and valid prior to July 1, 2000 and have been kept current thereafter.
(c) The department shall conduct a study of the lobster fishery and license control program. The department shall submit a written annual report on the lobster fishery and license control program to the general assembly by January 1 of each year, with the first report due by January 1, 2001.
(d) The director is authorized to promulgate regulations establishing an apprenticeship program to afford status to nonlicense participants in the commercial lobster fishery in Rhode Island.
(e) The director is authorized to promulgate regulations establishing a process by which new commercial lobster licenses may be issued upon the retirement of existing commercial lobster licenses. This process shall be based on a waiting list, which shall be maintained by the department as a public document; provided, however, that under the regulations, priority shall be given to new commercial lobster license applicants who have achieved status under the apprenticeship program established pursuant to subsection (d) and to new applicants who have held other commercial fishing licenses issued pursuant to this chapter.
SECTION 4. This act shall take effect upon passage.
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LC01525
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO FISH AND WILDLIFE -- LICENSING
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This act would repeal the provision of the general laws establishing a commercial fishing license moratorium, which expired on June 30, 1998. This act would also establish a new entry-level commercial lobster license and a new commercial lobster license control program. This act would reorganize the multi-purpose license to provide for separate endorsements for lobster, finfish, and shellfish, and modify the fee structure accordingly.
This act would take effect upon passage.
