2002 -- H 7825

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LC01917

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2002

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A N A C T

RELATING TO FISH AND WILDLIFE

     Introduced By: Representatives D Caprio, Naughton, Ginaitt, Shanley, and Palumbo

     Date Introduced: March 05, 2002

     Referred To: Joint Environment & Energy

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 20-1-3 of the General Laws in Chapter 20-1 entitled "General

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Provisions" is hereby amended to read as follows:

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     20-1-3. Definitions. -- (a) When used in this title, the following words and phrases shall

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have the following meanings, unless the context indicates another meaning:

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

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

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convex apex of the left shell;

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      (3) "Nonresident landowner" means a nonresident citizen of the United States and owner

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of real estate in Rhode Island as evidenced by deed filed in the Recorder of Deeds office in a

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Rhode Island town or city hall.

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      (4) "Peck" means one fourth (1/4) of a bushel;

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      (5) "Person" means an individual, corporation, partnership, or other legal entity;

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      (6) "Possession" means the exercise of dominion or control over the resource

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commencing at the time at which a decision is made not to return the resource to the immediate

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vicinity from which it was taken. The decision must be made at the first practical opportunity; .

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In the case of aquaculture crops, "possession" means the exercise of dominion or control over

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cultured crops commencing at the time which a decision is made not to return the crops to the

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lease or facility from which they were taken. The decision must be made at the first practical

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opportunity.

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      (7) "Quart" means one thirty-second ( 1/32) of a bushel;

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      (8) "Resident" means an individual who has had his or her actual place of residence and

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has lived in the state of Rhode Island for a continuous period of not less than six (6) months.

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

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designated by the following scientific names:

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      Alewife -- Pomolobus or Alosa pseudoharengus

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      Bay quahaug -- Mercenaria mercenaria

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      Bay scallop -- Argopecten irradians

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      Blue crab -- Callinectes sapidus

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      Blue mussel -- Mytilus edulis

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      Conch/channel whelk -- Busycon canaliculatum

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      Conchob whelk -- Busycon carica

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      Deer -- Virginia white tail deer, Odocoileous virginianus

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      Eel -- Anguilla rostrata

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      Green crabs -- Carcinus maenas

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      Jonahorthern crab -- Cancer borealis

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      Lobster -- Homarus americanus

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      Menhaden -- Brevoortia tyrannus

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      Ocean quahaug -- Arctica islandica

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      Oyster -- Crassostrea virginica, Ostrea edulis

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      Rock crab -- Cancer irroratus

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      Sea scallop -- Placopecten magellanicus

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      Smelt -- Osmerus mordax

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      Soft shell clam -- Mya arenaria

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      Striped bass -- Morone saxatilis

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      Surf clam or sea clam -- Spisula solidissima.

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     SECTION 2. Sections 20-2-1.1 and 20-2-28.2 of the General Laws in Chapter 20-2

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entitled "Licensing" are hereby amended to read as follows:

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     20-2-1.1. Commercial fishing license moratorium. -- (a) The commercial marine

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fishing licenses as provided for in sections 20-2-20(a), (b); 20-2-21; 20-2-24(a); 20-2-25; 20-2-

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26; 20-2-26.1(a), (b); 20-2-27(a), (b), (c)(1) -- (c)(4); 20-2-28(a) -- (c); 20-2-28.1(a); 20-4-1.2(1) -

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- (4); 20-5-1; 20-5-2; and 20-5-3 shall be issued for renewal only. No new licenses applicable to

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these sections shall be issued between July 1, 2001, and June 30, December 31, 2002. In order to

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obtain a license applicable to these sections between July 1, 2001, and June 30, December 31,

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2002, an individual must provide proof that he or she possessed a valid Rhode Island commercial

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fishing license subsequent to July 1, 2000, and submit a license application to the department

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environmental management. The moratorium shall provide time for a continued study of the

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commercial marine fishing licensing program to insure the sustainable viability and use of marine

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fisheries, and for a recommendation to the general assembly, in accordance with chapter 3.1 of

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title 20., and for implementation of a new system of commercial fishing licenses as provided for

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in chapter 2.1 of this title.

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      (b) Notwithstanding the provisions of subsection (a), an existing license may only be

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transferred to an immediate family member upon approval by the director. An immediate family

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member for the purposes of this subsection is defined as the spouse, mother, father, brother,

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sister, or child of the transferor.

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     20-2-28.2. Deposit of fees. -- In any fiscal year moneys generated from license fees

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provided for in sections 20-2-20 -- 20-2-28.1 and from the provisions of chapter 20-2.1, over and

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above the sum of two hundred thousand dollars ($200,000) shall be deposited with the general

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treasurer and appropriated to the department of environmental management. The state controller

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is authorized and directed to draw orders upon the general treasurer for payment of any sum or

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sums as may be necessary from time to time upon receipt by him or her of duly authenticated

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vouchers presented by the director of environmental management. The moneys received under

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this section are to be used only for the following specific purposes:

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      (1) For protection and propagation of marine fish, lobsters, and shellfish;

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      (2) For additional enforcement of the marine fishery regulations;

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      (3) For transplanting shellfish from closed areas or enhancing the shellfish resource

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through other technologies including seeding;

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      (4) For fishing port development and construction;

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      (5) For staff support of, and expenses incurred by, the marine fisheries council; and

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      (6) For lease and purchase of land or acquisition of conservation easements. ; and

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     (7) For technical support to and expenses incurred by the department for the collection,

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processing, analysis, and maintenance of data for fisheries management.

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     SECTION 3. Section 20-2-27.2 of the General Laws in Chapter 20-2 entitled "Licensing"

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is hereby repealed.

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     20-2-27.2. Commercial aquaculture license. -- There is hereby established a

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commercial aquaculture license for the purpose of facilitating the development of commercial

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aquaculture in the state. Any person, corporation or business entity, chartered under the laws of

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this state, who is granted a permit for the conduct of aquaculture by the coastal resources

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management council in accordance with chapter 10 of this title, shall obtain a commercial

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aquaculture license to harvest, possess, or sell aquaculture products in the state to licensed fish

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and shellfish dealers. The license shall be issued by the department on a calendar year basis for an

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annual fee of two hundred dollars ($200).

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     SECTION 4. Sections 20-2-20, 20-2-21, 20-2-22, 20-2-23, 20-2-24, 20-2-25, 20-2-26,

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20-2-27, 20-2-27.2, 20-2-28 and 20-2-28.1 of the General Laws in Chapter 20-2 entitled

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"Licensing" are hereby repealed.

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     20-2-20. Commercial shellfish licenses. -- (a) A resident older than nineteen (19) years

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but younger than sixty-five (65) years shall pay two hundred dollars ($200) for a commercial

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license to take shellfish.

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      (b) A resident twenty-three (23) years or younger shall pay fifty dollars ($50.00) for a

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student commercial license to take shellfish upon provision of proof of full-time student status.

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      (c) Commercial shellfish licenses shall expire on December 31 of each year.

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     20-2-21. Shellfish dredging license -- Fees. -- A resident of this state shall pay an annual

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fee of two hundred dollars ($200) for a license to take quahaugs, mussels, and surf clams by

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dredges hauled by power boat.

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     20-2-22. Non-resident's noncommercial shellfish license. -- (a) Every non-resident

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over the age of twelve (12) years may obtain a non-resident, noncommercial annual shellfish

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license for a fee of two hundred dollars ($200).

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      (b) A non-resident may obtain one noncommercial limited license per calendar year

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covering fourteen (14) days, including the date of issue, for eleven dollars ($11.00).

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      (c) A non-resident must obtain a shellfish landing license, for a fee of two hundred

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dollars ($200), to land shellfish (surf clams, blue mussels, ocean quahaugs, sea scallops)

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harvested outside Rhode Island waters.

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      (d) A nonresident landowner, as defined in section 20-1-3(a)(3), who owns residential

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real estate in Rhode Island assessed for taxation at a valuation of not less than thirty thousand

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dollars ($30,000) may, with proof of residential property ownership in the form of a current tax

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bill from a town or city hall showing that the nonresident landowner is current in his or her

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property tax obligation, obtain an annual, noncommercial, nonresident shellfish license for a fee

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of twenty-five dollars ($25.00).

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     20-2-23. Shellfish buyer's license. -- The annual fee for a shellfish buyer's license is two

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hundred dollars ($200).

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     20-2-24. Lobster license. -- (a) Commercial: - two hundred dollars ($200). The license is

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issued only to a legal resident of the state who is the operator of a Rhode Island registered vessel.

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      (b) Non-commercial pot: - forty dollars ($40.00). The license is issued only to a legal

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resident of the state of Rhode Island.

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      (c) Non-commercial divers: - forty dollars ($40.00). The license is issued only to a legal

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resident of the state of Rhode Island.

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      (d) Sellers: - two hundred dollars ($200).

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      (e) Rhode Island lobster dealer: - two hundred dollars ($200).

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     20-2-25. Scallop license. -- Commercial: - two hundred dollars ($200). The license is

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only issued to a resident of this state and shall be valid only for the reason for which issued.

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     20-2-26. Fish trap license. -- Two hundred dollars ($200) per license and twenty dollars

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($20.00) per trap location in accordance with the provisions of chapter 5 of this title.

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     20-2-27. Commercial fishing licenses. -- (a) Rod and reel (for sale of finfish lawfully

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taken by rod and reel or diving): - two hundred dollars ($200) for residents of the state; four

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hundred dollars ($400) for nonresidents of the state.

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      (b) Individual (for named individual only, lawfully taking fish for sale with use of nets or

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other means without use of boat): - two hundred dollars ($200) for residents of the state; four

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hundred dollars ($400) for nonresidents of the state.

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      (c) Commercial vessel or vessel operators engaged in a commercial fishery, excepting

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those vessels or operators of vessels covered by section 20-2-24 (lobster fishery), sections 20-2-

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20 and 20-2-21 (shellfishery), or section 20-2-28 (non-resident otter trawl):

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      (1) Vessels up to fifty feet (50') in total length: two hundred dollars ($200) for residents

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of the state; four hundred dollars ($400) for nonresidents of the state;

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      (2) Vessels from fifty feet (50') to ninety-nine feet (99') in total length: two hundred fifty

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dollars ($250) for residents of the state; five hundred dollars ($500) for nonresidents of the state;

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      (3) Vessels from ninety-nine feet (99') or more in total length: twenty dollars ($20.00)

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per lineal foot or any part thereof of the registered length of the vessel for residents of the state;

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forty dollars ($40.00) per lineal foot or any part thereof of the registered length of the vessel for

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nonresidents of the state;

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      (4) Miscellaneous pot fishery, vessels not licensed in any of the above categories

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engaged in commercial scup, crab, eel or conch pot fishery: two hundred dollars ($200). This

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license is issued only to a legal resident of the state of Rhode Island.

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      (d) Rhode Island finfish dealer: - two hundred dollars ($200).

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     20-2-27.2. Commercial aquaculture license. -- There is hereby established a

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commercial aquaculture license for the purpose of facilitating the development of commercial

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aquaculture in the state. Any person, corporation or business entity, chartered under the laws of

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this state, who is granted a permit for the conduct of aquaculture by the coastal resources

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management council in accordance with chapter 10 of this title, shall obtain a commercial

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aquaculture license to harvest, possess, or sell aquaculture products in the state to licensed fish

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and shellfish dealers. The license shall be issued by the department on a calendar year basis for an

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annual fee of two hundred dollars ($200).

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     20-2-28. Non-resident otter, beam, or pair trawl. -- Any resident of a state which

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accords to residents of Rhode Island reciprocal commercial fishing privileges may obtain a

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license for the setting of an otter, beam, or pair trawl or other mechanical trawling device in those

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areas of the state's waters where such a device is allowed upon application therefor and payment

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of a fee computed on the basis of twenty dollars ($20.00) per lineal foot, or part thereof, of the

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registered length of the vessel to be licensed, as indicated on its document, certificate of award,

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register, enrollment, or license issued by the United States collector of customs. This license is

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non-transferable and is issued annually for the fee specified on the first day of January in each

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year and expires on the succeeding December 31st. If it appears in the public interest, the director

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may suspend or cancel this license on ten (10) days' notice in writing to the holder thereof.

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     20-2-28.1. Multi-purpose license -- Fees. -- (a) Each resident of this state is eligible to

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obtain a multi-purpose commercial marine license to participate in all commercial marine

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fisheries licensed subject to this chapter upon payment of an annual fee of three hundred dollars

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($300).

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      (b) Multi-purpose Rhode Island dealers licenses. - This license allows persons to deal all

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marine products in the state of Rhode Island, three hundred dollars ($300).

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     SECTION 5. Section 20-2-26.1 of the General Laws in Chapter 20-2 entitled "Licensing"

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is hereby amended to read as follows:

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     20-2-26.1. Gill net licenses. -- (a) Each resident of the state is eligible to obtain a license

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to utilize gill nets upon payment of an annual fee of two hundred dollars ($200) subject to rules

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and regulations established by the marine fisheries council.

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      (b) Each resident who holds a multi-purpose commercial marine license, as provided in

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section 20-2-28.1, or a commercial vessel or vessel operator's license, as provided in section 20-

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2-27(c), is also eligible to apply for a commercial gill net permit in accordance with the

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provisions of this section. The annual recording fee for commercial gill netting is twenty dollars

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($20.00) and shall be paid in addition to the fees payable under sections 20-2-27(c) and 20-2-

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28.1.

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     SECTION 6. Title 20 of the General Laws entitled "Fish and Wildlife" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 2.1

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COMMERCIAL FISHING LICENSES

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     20-2.1-1. Findings. – The general assembly finds and declares:

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     (1) That the constitution of the state places plenary authority and responsibility in the

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general assembly to provide for the conservation of natural resources of the state, including its

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marine fisheries;

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     (2) That the state of Rhode Island has historically established programs to provide for and

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regulate harvesting, taking, landing, and selling marine finfish, crustaceans, and shellfish for the

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benefit of the people of the state;

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     (3) That federal government and regional entities have established and continue to

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establish regulatory programs, management measures, quotas, and restrictions that affect persons

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engaged in marine fisheries in Rhode Island, and that Rhode Island functions in whole or in part

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in the context of these federal and regional programs depending on the marine species;

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     (4) That the department of environmental management in accordance with the

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requirements of section 20-3.1-7(1) of the general laws has issued goals and principles pertaining

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to biological, socio-economic, and licensing and data collection issues that present a need to make

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substantial changes in commercial fishing licensing;

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     (5) That the Coastal Institute of the University of Rhode Island has provided a process in

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2001 that was open to widely divergent positions and interests pertaining to fisheries management

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in Rhode Island; and

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     (6) That Rhode Island's statutes and programs for marine fisheries management and

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licensure have developed incrementally over time and need to be brought up-to-date and made

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adaptable to changing conditions and circumstances.

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     20-2.1-2. Purposes. – The purposes of this chapter are, through a system of licensure that

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is clear, predictable and adaptable to changing conditions, to:

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     (1) Preserve, enhance, and allow for nay necessary regeneration of the fisheries of the

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state, for the benefit of the people of the state, as an ecological asset and as a source of food and

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recreation;

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     (2) Provide Rhode Islander who wish to fish commercially the opportunity to do so and

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end the moratorium on issuance of new commercial fishing licenses so that new licenses may be

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issued for the year beginning January 1, 2003, and each year thereafter;

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     (3) Allow residents who have fished commercially to sell their vessels and gear in a

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manner that first, facilitates up-grading license levels among residents already in the fishery; that

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second, provides lateral movement among residents who are holders of commercial fishing

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licenses to other types of fishing; and that third, enables new entrants into new commercial

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fishing;

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     (4) Respect the interests of residents who fish under licenses issued by the state and

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which to continue to fish commercially in a manner that is economically viable: provided, it is

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specifically not a purpose of this chapter to establish licensing procedures that eliminate the

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ability to fish commercially of any resident as of the date of enactment who holds commercial

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fishing license;

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     (5) Preserve and enhance full-time commercial fishing, with a high degree of

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participation by owner operated vessels, as a way of life and as a significant industry in Rhode

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Island;

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     (6) Establish principles, for a system of adaptive management, that shall be used by the

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department in licensure programs and fisheries management, which principles shall include:

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     (i) the foregoing purposes; and

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     (ii) as appropriate, necessary, and effective, the following measures:

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     (A) regulation of the design and use of gear;

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     (B) limitations on the amount of gear that may be used by a license holder;

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     (C) restrictions on when and where commercial fishing may be done;

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     (D) quotas and limitations on catch or landings; and

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     (E) restrictions on the number of license holders;

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      (7) Provide a licensure system that facilitates data collection and management so that

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marine fisheries can be managed more efficiently and effectively.

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      20-2.1-3. Definitions. – For the purposes of this chapter the following terms shall mean:

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     (1) "Commercial fisherman" shall mean a natural person who catches, harvests, or takes

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finfish, crustaceans, or shellfish from the marine waters for sale.

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     (2) "Council" shall mean the Marine Fisheries Council established by chapter 20-3 of the

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general laws.

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     (3) "Crustaceans" shall mean lobsters, crabs, shrimp, and for purposes of this chapter it

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shall also include horseshoe crabs.

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     (4) "Director" shall mean the director of the department of environmental management.

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     (5) "Finfish" shall mean cold-blooded aquatic vertebrates with fins, including fish,

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sharks, rays, skates, and eels.

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     (6) "Shellfish" shall mean quahogs, clams, mussels, scallops, oysters, conches, and

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mollusks in general other than squid.

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     (G) "Student commercial fisherman" shall mean a resident twenty-three (23) years of age

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or younger who is a full-time student.

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     20-2.1-4. Licenses -- General provisions governing licenses issued [to be effective

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January 1, 2003, and after]. – (a) Licenses required. It shall be unlawful for any person in

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Rhode Island or the waters of the state to catch, harvest, hold,, or transport for sale any marine

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

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

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

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duly licensed person.

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

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endorsed by the licensee in his or her own handwriting.

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     (c) Transfer or loan of license. (1) Unless otherwise provided for in this title, a license

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

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

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pursuant to section 20-2-13. (2) Notwithstanding the provisions of subsection (1), an existing

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license may only be transferred to an immediate family member as provided for in subsection 20-

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2.1-5(5) or upon approval by the director. An immediate family member for the purposes of this

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subsection is defined as the spouse, mother, father, brother, sister, or child of the transferor.

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     (d) Inspections condition of license. All persons granted a license under the provisions of

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this chapter are deemed to have consented to the reasonable inspection of any boat, vessel, net,

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rake, bullrake, tong, dredge, trap, pot, vehicle, structure, or other contrivance used regularly for

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the keeping or storage of fish, shellfish, crustaceans, or any game bag firearms, creel, box, locker,

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basket, crate, blind, stand, or hunting, fishing, or trapping paraphernalia used in conjunction with

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the licensed activity by persons duly authorized by the director.

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

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

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

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

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punishment as if that person were fishing without a license.

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

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

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name, age, occupation, place of residence, nationality, weight, height, and color of hair and eyes

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of the applicant for whom the license is wanted and pay the fees as provided in this chapter. All

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licenses issued under this chapter shall be valid only for the calendar year of issuance, unless

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otherwise specified in this chapter or in the rules and regulations adopted pursuant to this chapter.

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If the person will be either the owner or the operator of a commercial vessel over twenty-five feet

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(25') in length overall, the person shall declare on the application the vessel name, length,

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

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or fisheries, and average projected crew size.

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     (g) For commercial marine fishing licenses provided for in sections 20-2.1-5, 20-2.1-6,

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and 20-2.1-7 of this chapter, the following provisions shall apply: (1) unless otherwise specified

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in this chapter, an individual qualified to obtain a license must submit an application to the

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department of environmental management no later than February 28 of each year; license

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

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office hours on February 28, or if postmarked by February 28; (2) unless otherwise specified in

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this title, no new or renewed licenses shall be issued after February 28 of each year, unless an

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applicant has submitted an application by the February 28 deadline required by this section; and

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(3) the department shall notify all license holders, in writing, regarding the December 31

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expiration and the February 28 renewal deadline no later than November 1 of each year.

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

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accident destroys his or her certificate of a commercial marine fisheries license may, upon

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application to the department accompanied by an affidavit fully setting forth the circumstances of

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

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certificate, for a fee of twenty-five dollars ($25.00) for each duplicate license.

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     (i) Expiration and deadline for renewal. (1) Beginning January 1, 2003, unless otherwise

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specified in this title, all licenses issued under this chapter shall be annual and shall expire on

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December 31 of every year.

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     (2) All commercial marine fisheries licenses that are subject to renewal July 1, 2002, may

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be renewed for a six (6) month period ending December 31, 2002. The fee for the renewals shall

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be one-half (1/2) of the amount for annual renewal of the licenses as otherwise provided for in

10-26

this title.

10-27

     (j) Revocation of licenses. -- (1) License revocation. The license of any person who has

10-28

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

10-29

or rules and regulations that pertain to commercial fishing issued pursuant to this title may be

10-30

suspended or revoked by the director in any manner and for any period as the director shall

10-31

determine by regulation. Any person aggrieved by an order of suspension or revocation may

10-32

appeal this order in accordance with the provisions of the administrative procedures act, chapter

10-33

35 of title 42.

10-34

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

11-1

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

11-2

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

11-3

party to such a false representation, shall be punished by a fine of not more than fifty dollars

11-4

($50.00). A license obtained by any person through such a false representation shall be null and

11-5

void, and the license shall be surrendered immediately to the director. No license shall be issued

11-6

under this title to this person for a period of one (1) year from the date of conviction.

11-7

     (3) Every person who falsely makes, alters, forges, or counterfeits, or who causes to be

11-8

made, altered, forged, or counterfeited, a license issued under this chapter or title or purporting to

11-9

be a license issued under this chapter or title, or who shall have in his or her possession such a

11-10

false, altered, forged, or counterfeit license, is guilty of a misdemeanor and is subject to the

11-11

penalties prescribed in section 20-1-16.

11-12

     20-2.1-5. Resident licenses [effective January 1, 2003, and after]. – The director shall

11-13

establish as a minimum the following classes of licenses: commercial fishing licenses, multi-

11-14

species participant licenses, and principal effort licenses for shellfish, crustaceans, and finfish,

11-15

and a student commercial fishing license for shellfish. In addition, the director may establish

11-16

such other classes and types licenses and endorsements, consistent with the provisions of this

11-17

chapter, that may be necessary to accomplish the purposes of this chapter.

11-18

     (1) Classes of License.

11-19

     (i) Class I: Commercial fishing license. Rhode Island residents age eighteen (18) and

11-20

over shall be eligible to obtain a Class I commercial fishing license; said license shall as at

11-21

minimum allow the holder to harvest, land, and sell in a lawful manner any species of shellfish,

11-22

crustacean, or finfish that is not subject to a quota or to an effort restriction implemented by the

11-23

department. The annual fee for a commercial fishing license shall be one hundred dollars ($100).

11-24

     (ii) Class II: Multi-species participant license. All multi-purpose license holders and

11-25

other duly licensed holders of commercial fishing licenses as of December 31, 2002, shall be

11-26

eligible to obtain a Class II license, which shall allow the holder to harvest, and to land and sell,

11-27

shellfish including quahogs, crustaceans including lobsters, and finfish, consistent with quota

11-28

programs and restrictions, at the basic catch level, which shall be established by rule as provided

11-29

for in section 20-2.1-8(4)(iii), provided the license holder has obtained the required endorsement,

11-30

which may require that the Class II license holder to document prior participation in the fishery.

11-31

A minimum of three (3) endorsements shall be available: one (1) for shellfish including quahogs;

11-32

one (1) for crustaceans including lobsters; and one (1) for finfish. The annual fee for a multi-

11-33

species participant license shall be one hundred dollars ($100) and each endorsement thereon

11-34

shall be one hundred dollars ($100).

12-1

     (iii) Class III: Principal effort license. Duly licensed persons in a fishery as of the

12-2

effective date of this act who have documented historic commercial effort in fishery that is

12-3

subject to quotas or restrictions on effort shall be eligible to obtain a principal effort license for

12-4

either crustaceans including lobsters, or finfish consistent with quotas and management programs,

12-5

or shellfish including quahogs; which Class III license shall allow its holder to fish for either

12-6

crustaceans or finfish, or shellfish to the maximum extent allowable by law and regulation. No

12-7

person shall be eligible to hold more than one (1) principal effort license; provided, however, that

12-8

a person may own more than one vessel used for fishing, and the operator of that vessel may hold

12-9

a principal effort license different from the principal effort license of the vessel owner. The

12-10

annual fee for a principal effort license shall be two hundred dollars ($200).

12-11

     (iv) Special licenses.

12-12

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

12-13

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

12-14

full-time student status.

12-15

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

12-16

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

12-17

license.

12-18

     (C) Commercial scallop license; two hundred dollars ($200). The license is only issued to

12-19

a resident of this state and shall be valid only for the reason for which issued.

12-20

     (D) Apprentice licenses, the department may in addition to the Class I license establish

12-21

such apprentice licenses as it may deem appropriate to facilitate persons to enter and gain

12-22

experience in a fishery, the allowable effort and/or catch for such apprentice licenses shall not be

12-23

greater than the basic catch level for a Class II license.

12-24

     (2) Vessel fees and special vessel gear licenses and fees.

12-25

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

12-26

operator of a commercial fishing vessel over twenty-five feet (25') in length overall to declare the

12-27

vessel on the owner/operators commercial fishing license; the declaration shall be made at the

12-28

time of initial license issuance and each renewal, or prior to the vessels being used for

12-29

commercial fishing by the owner an/or operator if the first usage of the vessel for commercial

12-30

fishing occurs during the course of a year after the license has been issued or renewed, if the

12-31

vessel is to be used in the finfishery the fee for the declaration shall be two dollars ($2) for each

12-32

whole foot over twenty-five feet in (25') length overall.

12-33

     (ii) Special vessel and gear licenses and fees.

12-34

     (A) Shellfish dredging license -- Fee. A resident of this state shall pay an annual fee of

13-1

two hundred dollars ($200) for a license to take quahogs, mussels, and surf clams by dredges

13-2

hauled by powerboat.

13-3

     (B) Fish trap license. Two hundred dollars ($200) per license and twenty dollars ($20.00)

13-4

per trap location in accordance with the provisions of chapter 5 of this title.

13-5

     (C) Gill net licenses. A person who holds a multi-species participant license and/or a

13-6

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

13-7

accordance with the provisions of this section. The annual recording fee for commercial gill

13-8

netting is twenty dollars ($20.00).

13-9

     (D) Miscellaneous pot fishery, vessels not licensed in any of the above categories

13-10

engaged in commercial pot scup; crab, eel or conch fishery: two hundred dollars ($200). This

13-11

license is issued only to a legal resident of the state of Rhode Island.

13-12

     (3) New Licenses:

13-13

     (i) Eligibility. For new Class II and Class III priority shall be given to applicants who

13-14

have held a lower level of license for two (2) years or more, with preference to family members

13-15

and crew members of a license holder who is retiring his or her license.

13-16

     (ii) A new license shall be granted to priority/preference applicants who have acquired

13-17

vessel and or gear from a license holder who has retired a license, provided that as the result of

13-18

any such transaction for each license retired not more than one new license may be granted, nor

13-19

may the nominal effort, including the total number of licenses, in a fishery subject effort or catch

13-20

restrictions be increased.

13-21

     (iii) Availability new, additional licenses. New Class II and Class III licenses, that

13-22

increase the total number of licenses in the fishery, may be made available by rule for issuance

13-23

effective January 1, in any year, based on status of resource and economic condition of fishery.

13-24

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

13-25

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

13-26

property of the state and shall be surrendered to the state upon their non-renewal or forfeiture.

13-27

     (5) Transfer for hardship. Notwithstanding the provisions of section 20-2.1-4 (C), a

13-28

license may be transferred to a family member upon the illnesses, incapacity, or death of the

13-29

license holder. Such transfer shall be effective upon its registration with the department. A

13-30

family member shall be defined as the spouse, mother, father, brother, sister, or child of the

13-31

transferor. The department shall make available as necessary operator permits to provide solely

13-32

for the continued operation of a fishing vessel upon the illness, incapacity or death of a license

13-33

holder, which operator permits shall be subject at minimum to the conditions and restrictions that

13-34

applied to the license holder.

14-1

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

14-2

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

14-3

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

14-4

management plan or other duly adopted program to reduce effort.

14-5

     20-2.1-6. Non-resident licenses [effective January 1, 2003, and after]. – Subject to the

14-6

rules of the department, non-residents may apply for the following commercial fishing licenses:

14-7

     (1) Class I: Commercial fishing license. Non-residents age eighteen (18) and over shall

14-8

be eligible to obtain a commercial fishing license; said license shall as at minimum allow the

14-9

holder to harvest, land, and sell in a lawful manner any species of shellfish, crustacean, or finfish

14-10

that is not subject to a quota or restriction on effort. The annual fee for a non-resident

14-11

commercial fishing license shall be two hundred dollars ($200).

14-12

     (2) Class II: Multi-species participant license. Non-residents who are multi-purpose

14-13

license holders or holders of commercial fishing licenses as of December 31, 2002, and who have

14-14

historic effort in a fishery that is subject to quotas or restrictions on total effort, shall be eligible to

14-15

obtain a Class II license; said Class II license shall allow the holder to harvest, and to land and

14-16

sell, shellfish including quahogs, crustaceans including lobsters, and all finfish, consistent with

14-17

quota programs and restrictions, at the basic catch level, provided the license holder has historic

14-18

effort in the fishery and has obtained the required endorsement. A minimum of three (3)

14-19

endorsements shall be available; one (1) for shellfish including quahogs; one (1) for crustaceans

14-20

including lobsters; and one (1) for finfish. The annual fee for a non-resident multi-species

14-21

participant license shall be three hundred dollars ($300); and for each endorsement two hundred

14-22

dollars ($200).

14-23

     (3) Class III: Principal effort license. Duly licensed non-residents as of the effective date

14-24

of this act who have documented historic commercial effort in a fishery that is subject to quotas

14-25

or restrictions on effort shall be eligible to obtain a principal effort license for either crustaceans

14-26

including lobsters, or finfish consistent with quotas and management programs, or shellfish

14-27

including quahogs; which principal effort license shall allow its holder to fish for either

14-28

crustaceans or finfish, or shellfish to the maximum extent allowable by law and regulation for

14-29

either a full-time commercial fishermen or a seasonal commercial fisherman. No person shall be

14-30

eligible to hold more than one Class III license; provided, however, that a person may own more

14-31

than one vessel used for fishing, and the operator of that vessel may hold a principal effort license

14-32

different from the principal effort license of the vessel owner. The annual fee for a non-resident

14-33

Class III license shall be four hundred dollars ($400).

14-34

     (4) Special licenses and seasonal licenses. Seasonal finfish licenses. (i) Rod and reel (for

15-1

sale of finfish lawfully taken by rod and reel or diving): four hundred dollars ($400) for non-

15-2

residents of the state.

15-3

     (ii) Individual non-boat (for named individual only, lawfully taking fish for sale with use

15-4

of nets or other means without use of boat): four hundred dollars ($400) for non-residents of the

15-5

state.

15-6

     (5) Vessel declaration fees and vessel and gear license, fees.

15-7

     (i) Vessel declaration. The department shall require that a non-resident owner and/or

15-8

operator of a commercial fishing vessel over twenty-five feet (25') length overall to make a

15-9

declaration for that vessel; which shall be made at the time of initial license issuance and each

15-10

renewal, or prior to the vessel's being used for commercial fishing in Rhode Island waters by the

15-11

non-resident owner and/or operator if the first usage of the vessel for commercial fishing occurs

15-12

during the course of a year after the license has been issued or renewed, for a cost of fifty dollars

15-13

($50.00). The annual fee for the non-resident declaration shall be six dollars ($6.00) for each

15-14

whole foot over twenty-five feet (25') in length overall.

15-15

     (ii) Non-resident otter, beam, or pair trawl. Any resident of a state which accords to

15-16

residents of Rhode Island reciprocal commercial fishing privileges may obtain a license for the

15-17

setting of an otter, beam, or pair trawl or other mechanical trawling device in those areas of the

15-18

state's waters where such a device is allowed upon application therefor and payment of a fee

15-19

computed on the basis of twenty dollars ($20.00) per lineal foot, or part thereof, of the registered

15-20

length of the vessel to be licensed, as indicated on its document, certificate of award, register,

15-21

enrollment, or license issued by the United States collector of customs. This license is non-

15-22

transferable and is issued annually for the fee specified on the first day of January in each year

15-23

and expires on the succeeding December 31st. If it appears in the public interest, the director

15-24

may suspend or cancel this license on ten (10) days notice in writing to the holder thereof.

15-25

     (6) New licenses. Any resident of a state that accords to Rhode Island residents

15-26

commercial fishing privileges that include an ability to obtain a new license to fish for finfish

15-27

species that are subject to restrictions and/or quotas, may on reciprocal basis be eligible to obtain

15-28

a Class II non-resident license if new Class II licenses are made available, subject priority being

15-29

given to persons having held Class I licenses.

15-30

     20-2.1-6. Landing permits. – Landing permits shall be issued as provided for in chapter

15-31

4 of this title. In addition, a non-resident must obtain a shellfish landing license, for a fee of two

15-32

hundred dollars ($200), to land shellfish (surf clams, blue mussels, ocean quahogs, sea scallops)

15-33

harvested outside Rhode Island waters.

15-34

     20-2.1-7. Dealers licenses. – Dealers licenses shall be issued as provided for in chapter 4

16-1

of this title; unless otherwise established, license fees for dealers shall be as follows:

16-2

     (1) Multi-purpose Rhode Island dealers' licenses. This license allows persons to deal all

16-3

marine products in the state of Rhode Island, three hundred dollars ($300).

16-4

     (2) Lobster dealer license. Sellers and Rhode Island lobster dealer: two hundred dollars

16-5

($200).

16-6

     (3) Shellfish buyer's license. The annual fee for a shellfish buyer's license is two hundred

16-7

dollars ($200).

16-8

     20-2.1-8. Powers and duties of the director. – It shall be the duty of the director to

16-9

adopt, implement, and maintain a commercial fisheries licensing system that shall incorporate and

16-10

be consistent with the purposes of this chapter; in performance of this duty the director shall

16-11

follow the guidelines and procedures set forth below.

16-12

     (1) The rule making powers of the director to accomplish the purposes of this chapter

16-13

shall include the following with regard to commercial fishing licenses and commercial fishing by

16-14

license holders:

16-15

     (i) Types and classes of licenses consistent with the provisions of this chapter and

16-16

applicable sections of this title, and limitations on levels of effort and/or on catch by type or class

16-17

license;

16-18

     (ii) Design, use, and identification of gear;

16-19

     (iii) Declarations for data collection purposes of vessels used in commercial fishing,

16-20

which declaration requirements shall in no way, except as otherwise provided for in law, restrict

16-21

the use of any vessel less than twenty-five feet (25') in length overall by appropriate holders of

16-22

commercial fishing licenses;

16-23

     (iv) Areas in Rhode Island waters where commercial fishing of different types may take

16-24

place, and where it may be prohibited or limited, and the times and/or seasons when commercial

16-25

fishing by type or species may be allowed, restricted, or prohibited.

16-26

     (v) Limitations and/or restrictions on effort, gear, catch, or number of license holders.

16-27

     (vi) Emergency rules, as provided for in chapter 42-35, to protect an unexpectedly

16-28

imperiled fishery resource, to provide access to a fisheries resource that is unexpectedly more

16-29

abundant, and to protect the public health and safety from an unexpected hazard or risk. The

16-30

Marine Fisheries Council shall be notified of all emergency rules on or before their effective date,

16-31

and no emergency rule shall become a final rule unless it is promulgated as provided for in

16-32

section 20-2.1-8(3).

16-33

     (2) When implementing the system of licensure set forth in sections 20-2.1-4, 20-2.1-5,

16-34

20-2.1-6, and 20-2.1-7 of this chapter and other provisions of this title pertaining to commercial

17-1

fishing licenses, permits, and registrations, the director shall consider when establishing

17-2

limitations on effort and/or catch:

17-3

     (i) The effectiveness of the limitation:

17-4

     (A) In achieving duly established conservation or fisheries regeneration goals or

17-5

requirements;

17-6

     (B) In maintaining the viability of fisheries resources overall, including particularly, the

17-7

reduction of by-catch, discards, and fish mortality, and in improving efficiency in the utilization

17-8

of fisheries resources;

17-9

     (C) In complementing federal and regional management programs and the reciprocal

17-10

arrangements with other states.

17-11

     (ii) The impact of the limitation on persons engaged in commercial fishing on:

17-12

     (A) Present participation in the fishery, including ranges and average levels of

17-13

participation by different types or classes of participants;

17-14

     (B) Historical fishing practices in, and dependence on, the fishery;

17-15

     (C)_The economics of the fishery;

17-16

     (D) The potential effects on the safety of human life at sea;

17-17

     (E) The cultural and social framework relevant to the fishery and any affected fishing

17-18

communities; and

17-19

     (iii) Any other relevant considerations that the director finds in the rule making process.

17-20

     (3) The rule making process herein set forth shall conform with the requirements of

17-21

chapter 42-35, the administrative procedures act, and shall:

17-22

     (i) Regulatory agenda for marine fisheries management, with the advice of the Marine

17-23

Fisheries Council, in accordance with the requirements of section 42-35-5.1 of the general laws.

17-24

     (ii) The director shall submit proposed rule to the Marine Fisheries Council at least sixty

17-25

(60) days prior to the proposed date public hearing on the rule;

17-26

     (iii) The public hearing shall be on either the rule as proposed to the Marine Fisheries

17-27

Council by the director or a proposed revision to that rule adopted by the Marine Fisheries

17-28

Council;

17-29

     (iv) The proposed rule as submitted by the director to the Marine Fisheries Council and

17-30

the council report and recommendation regarding the rule shall both be entered into the record of

17-31

the hearing conducted in accordance with the requirements of chapter 42-35.

17-32

     (v) The decision of the director shall state the basis for adopting the rule including a

17-33

concise statement giving the principal reasons for and against its adoption and the response to

17-34

positions entered into the record of the hearing. Licensing of individuals and registration of

18-1

vessels and/or fishing equipment for fishing or landing fish in the state.

18-2

     (4) Matters to be considered in establishing license programs under this chapter. The

18-3

director shall be consistent with the requirements of section 20-2.1-2(6) establish and implement

18-4

a licensing system in accordance with the provisions of this chapter that shall be designed to

18-5

accomplish marine fisheries management objectives. Such licensing system may limit access to

18-6

fisheries, particularly commercial fisheries for which there is adequate or greater than adequate

18-7

harvesting capacity currently in the fishery and for which either a total allowable catch has been

18-8

set or a total allowable level of fishing effort has been established for the purpose of preventing

18-9

over-fishing of the resource or the dissipation of the economic yield from the fishery. This

18-10

authority shall include the authority of the director to:

18-11

     (i) Differentiate between the level of access to fisheries provided to license holders or

18-12

potential license holders on the basis of past performance, dependence on the fishery, or other

18-13

criteria;

18-14

     (ii) Establish control dates that provide notice to the public that access to, and levels of

18-15

participation in, a fishery may be restricted and that entrance into, or increases in levels of

18-16

participation in a fishery after the control date may not be treated in the same way as participation

18-17

in the fishery prior to the control date;

18-18

     (iii) Establish levels of catch by class of license, which shall provide for basic catch

18-19

levels for Class II licenses, may include reduced or specific catch levels for student and

18-20

apprentice commercial fisherman, and may set maximum catch levels for Class III licenses;

18-21

quotas may be allocated proportionally among classes of license holders as needed to maintain

18-22

the viability of different forms of commercial fishing.

18-23

     (5) The director shall by rule, with the advice of the Marine Fisheries Council develop

18-24

conservation and management plans for the fishery resources of the state, which conservation and

18-25

management plans shall be adopted prior to and at the same time as adoption of any license

18-26

restrictions on effort or catch. In the development of such fishery conservation and management

18-27

plans, priority shall be given to those resources with the highest value to the state, either for

18-28

commercial or recreational purposes.

18-29

     (6) The director to report annually to the general assembly and to the citizens concerning

18-30

the conservation and management of the fishery resources of the state, noting particularly the

18-31

status of any fishery resources that are considered to be over-fished or were considered to be

18-32

over-fished in the preceding year.

18-33

     20-2.1-11. Powers and duties of the Marine Fisheries Council with regard to

18-34

licensure. – The Marine Fisheries Council, established by chapter 20-3, shall have the power and

19-1

the duty to advise the director in accordance with section 20-2.1-8(3) on all rules, except

19-2

emergency rules, necessary to implement the provisions of this chapter. The council may

19-3

establish such committees and hold such meetings and hearings as it may deem appropriate to

19-4

fulfill this responsibility. The council shall advise the director on the development of the

19-5

regulatory agenda for marine fisheries and shall have the power to initiate rule making by petition

19-6

as provided for in section 42-35-6.

19-7

     20-2.1-12. Liberal construction. – The provisions of this chapter, being necessary for

19-8

the welfare of the state and its inhabitants, shall be liberally construed so as to effectuate its

19-9

purposes.

19-10

     SECTION 7. Section 20-3-1 of the General Laws in Chapter 20-3 entitled "Marine

19-11

Fisheries Council" is hereby amended to read as follows:

19-12

     20-3-1. Council created -- Membership -- Compensation. -- There is hereby created a

19-13

marine fisheries council. The council shall be composed of the director of the department of

19-14

environmental management or the director's designee, who shall serve as chairperson and eight

19-15

(8) private citizen members. The private citizen members shall be chosen from among those with

19-16

skill, knowledge and experience in the commercial fishing industry, the sport fishing industry,

19-17

and in the conservation and management of fisheries resources and shall be appointed by the

19-18

governor with the advice and consent of the senate. Three (3) of the private citizen members shall

19-19

be representatives of the commercial fishing industry; three (3) shall be representatives of the

19-20

sport fishing industry; and the remaining two (2) shall have skill, knowledge, and experience in

19-21

the conservation and management of fisheries resources and/or marine biology. The chairperson

19-22

of the coastal resources management council and the chiefs of the divisions of enforcement and

19-23

fish and wildlife in the department of environmental management shall serve in an advisory

19-24

capacity to the council. Members of the council shall serve for a term of four (4) years and may

19-25

not succeed themselves more than once after January 1, 2002. Initial appointments to the council

19-26

shall be appointed as follows: three (3) members for a term of two (2) years, three (3) members

19-27

for a term of three (3) years, and two (2) members for a term of four (4) years. All members of

19-28

the council shall serve without compensation and shall be reimbursed for their necessary

19-29

expenses incurred in travel and in the performance of their duties.

19-30

     SECTION 8. Sections 20-3.1-1, 20-3.1-2, 20-3.1-3, 20-3.1-4, 20-3.1-5, 20-3.1-6, 20-3.1-

19-31

7, 20-3.1-8 and 20-3.1-9 of the General Laws in Chapter 20-3.1 entitled "Marine Fisheries

19-32

Management Modernization" are hereby repealed.

19-33

     20-3.1-1. Short title. -- This chapter shall be known and may be cited as the "Rhode

19-34

Island Marine Fisheries Management Modernization Act of 2001."

20-1

     20-3.1-2. Legislative findings. -- The general assembly finds and declares that:

20-2

      (1) Marine fisheries have been important to the way of life of people in Rhode Island

20-3

throughout its history;

20-4

      (2) Marine fisheries resources are seriously depleted in many respects, and this condition

20-5

adversely affects commercial and recreational fishing;

20-6

      (3) There is a public interest in taking action to secure the sustainable viability and use of

20-7

marine fisheries;

20-8

      (4) Sustainability can often be enhanced or achieved through effective control of effort

20-9

and mortality in marine fisheries;

20-10

      (5) Rhode Island has actively managed its marine fisheries for more than one hundred

20-11

fifty (150) years, and these management efforts have been responsive to the conditions of the

20-12

fisheries, knowledge of the fisheries, and socio-economic conditions and values;

20-13

      (6) Marine fisheries management methods currently used in Rhode Island are not

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adequate to achieve desired levels of sustainability of certain species of the state's marine

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fisheries and their commercial and recreational use;

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      (7) Moratoria in commercial fisheries, which have been used in 1995--1998 and 2000--

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present to address concerns about over fishing, are at best an interim measure;

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      (8) There is a need to comprehensively upgrade and restructure Rhode Island's marine

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fisheries management structure and improve information and data collection systems; and

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      (9) The Coastal Institute of the University of Rhode Island, with voluntary involvement

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of a broad range of fishing interests during the winter--spring 2001, produced an analysis of

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commercial fishing issues that can serve as a basis for commencing the process of restructuring

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marine fisheries management.

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     20-3.1-3. Purposes. -- The purposes of this chapter are to:

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      (1) Commence the process of restructuring marine fisheries management in Rhode Island

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by: (i) taking initial steps in redesigning fisheries licensure and fees; (ii) establishing expectation

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for modernization of data collection and analysis by the department; and (iii) authorizing studies

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to be undertaken that are critical to the development of fisheries management structures needed to

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secure the sustainability of fisheries and the viability of commercial and recreational fishing;

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      (2) Provide a one year period, through an extension of the moratorium on commercial

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fishing licenses, for the development of effective fisheries management structures.

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     20-3.1-4. Definitions. -- For the purposes of this chapter, the following terms shall have

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the following meaning:

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      (1) "Council" shall mean the marine fisheries council established pursuant to chapter 3 of

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this title.

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      (2) "Department" shall mean the department of environmental management.

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      (3) "Director" shall mean the director of the department of environmental management.

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     20-3.1-5. Interim management measure. -- In order to provide a period of time in order

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to accomplish the purposes and requirements of this chapter and to provide for an orderly

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transition to such other management system as may be enacted by the general assembly or

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adopted by rule by the council or department, the moratorium established pursuant to section 20-

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2-1.1 shall remain in effect until June 30, 2002.

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     20-3.1-6. Information systems and data collection. -- The department, in consultation

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with the council, shall develop and implement for license renewals for the year beginning January

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1, 2003, an electronic license system for commercial fishing licenses, which licensing system

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shall have the capacity to incorporate data on landings by species and effort and shall provide for

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electronic license renewal. The licensing system shall be designed so that appropriate

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confidentiality for individual license holders is maintained and data analysis for fisheries

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management purposes is facilitated.

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     20-3.1-7. Studies and analyses. -- The department, with the advice and involvement of

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the council, the University of Rhode Island Coastal Institute, and commercial and recreational

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fishing interests, shall undertake the following studies and analyses that shall evaluate the full

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reasonable range of options for improving fisheries management in Rhode Island. The process for

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undertaking these studies and analyses and developing legislative options for consideration by the

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general assembly shall be open, inclusive, and participatory, and shall fairly and appropriately

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involve the range of fishing interests and give fair and balanced consideration to the interests of

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year round, seasonal, and recreational fishers, full and part-time fishers, aquaculturists, and

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persons who may wish to participate in fishing in the future:

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      (1) Principles for fisheries management. The department shall, by October 1, 2001,

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recommend goals and principles to guide the development and implementation of a restructured

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marine fisheries management system.

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      (2) Commercial fisheries. The department shall, by January 1, 2002, recommend options

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for commercial fishing licenses that address license eligibility, provide for new entrants into

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fisheries in the state, and establish an analytic basis for and a method to manage fisheries by

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effort, as well as by quota for catch by species.

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      (3) Recreational fisheries. The department is authorized to propose a licensing system for

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recreational fisheries for the purposes of: (i) obtaining reliable data about the level and effects of

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recreational fishing in the state; (ii) improving the quality and extent of recreational fishing

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opportunities in Rhode Island; and (iii) providing revenue to be used solely and exclusively for

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the purposes of managing recreational fisheries and enhancing recreational fishing opportunities.

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The licensing system shall not be effective either before April 1, 2003, or without general

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assembly approval and shall be put into effect by rule after a finding by the director, following the

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general assembly approval, that the system is fair, enforceable, and accomplishes the purposes of

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this chapter.

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      (4) Commercial aquaculture. The department shall, by January 1, 2002, develop

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proposed rules and recommend statutory changes for the purposes of fostering the expansion and

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competitiveness of commercial aquaculture, which rules shall treat commercial aquaculture as a

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separate and distinct activity from commercial fishing.

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      (5) Comprehensive. The department shall develop a plan, by January 1, 2002, to

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coordinate Rhode Island licensing requirements with federal licensing requirements and licensing

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requirements in other states that minimizes conflicts and confusion in licensing and reporting,

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provides for consistent data collection and analysis, and supports regional management efforts

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that maintain or enhance the stewardship and productivity of fisheries resources.

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     20-3.1-8. Reporting. -- The department, with the advice of the council, shall report

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annually by March 15 of each year through March 15, 2004, on the status and condition of

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fisheries in Rhode Island and the effectiveness of management programs to accomplish the

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purposes of this chapter.

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     20-3.1-9. Severability. -- If any provision of this chapter or the application thereof to any

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person or circumstances is held invalid, such invalidity shall not effect other provisions or

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applications of the chapter, which can be given effect without the invalid provision or application,

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and to this end the provisions of this chapter are declared to be severable.

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     SECTION 9. Chapter 20-4 of the General Laws entitled "Commercial Fisheries" is

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hereby amended by adding thereto the following section:

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     20-4-1.3. Non-resident landing permits. – A new landing permit shall not be issued to

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any non-resident to off-load, land, offer for sale, or sell any marine species for which a quota has

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been allocated to the state of Rhode Island by the Atlantic States Marine Fisheries Council or the

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National Marine Fisheries service, unless: (1) the landing shall be counted against the quota of the

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state where the vessel making the landing is registered or documented; or (2) the state where the

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vessel making the landing is registered or documented, issues new landing permits to Rhode

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Island residents to land against that state's quota for the same species. For purposes of this

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section, the renewal of any non-resident landing permit shall be considered a new non-resident

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landing permit unless the applicant can show, to the satisfaction of the director, historic

23-1

participation in the fishery and landings of the species; and any change or upgrade of a vessel

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twenty percent (20%) or greater in length, displacement, or horsepower above the named vessel

23-3

shall be considered a new landing permit. Issuance of a landing permit shall not be deemed to

23-4

create a property right that can be sold, transferred, or encumbered; landing permits shall be

23-5

surrendered to the state upon their non-renewal or forfeiture, and the acquisition of a named

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vessel by a non-resident who does not already have a landing permit shall not entitle the non-

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resident to a landing permit unless a new landing permit can be issued as herein allowed.

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     SECTION 10. Sections 20-6-3 and 20-6-11 of the General Laws in Chapter 20-6 entitled

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"Shellfish" are hereby amended to read as follows:

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     20-6-3. Scallops -- Open season. -- Unless otherwise specified in regulations adopted by

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the director, in consultations with the marine fisheries council, the open season for taking scallops

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from the free and common scallop fisheries in any of the waters of the state shall be between

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sunrise of the first day of October and sunset on the last day of December of every year. Any

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person taking scallops in violation of this section shall, upon conviction, be fined not less than

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fifty dollars ($50.00) nor more than five hundred dollars ($500) or imprisoned exceeding thirty

23-16

(30) days for each offense.

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     20-6-11. Minimum size of shellfish -- Penalty. -- No person shall take and/or possess

23-18

any quahogs less than one inch (1") shell thickness (hinge width),. In addition, no person shall

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take and/or possess soft shell clams, taken from the free and common soft shell clam fisheries, or

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mussels of a diameter less than one and one half inches (11/2") taking the maximum shell

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diameter, or any oysters, taken from the free and common oyster fisheries, measuring less than

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three inches (3") measured parallel to the long axis of the oyster, unless greater minimum sizes

23-23

are established by the director, in consultation with the marine fisheries council. Any person who

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takes and/or possesses shellfish of less than the minimum size, as delineated above, upon

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conviction, shall be fined not less than ten dollars ($10.00) nor more than fifty dollars ($50.00)

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for each and every fifteen (15) shellfish taken. Additionally, any person who takes and/or

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possesses shellfish of less than the minimum size commingled and/or otherwise stored or

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contained with shellfish of not less than the minimum size, where the percentage of the less than

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minimum size shellfish is not less than ten percent (10%) of the total piece count of the

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commingled and/or otherwise stored or contained package, shipment, or container shall be subject

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to seizure and/or forfeiture of the entire commingled and/or otherwise stored or contained

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package, shipment, or container, in accordance with the provisions of sections 20-1-8(e) and (f)

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and 20-1-8.1.

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     SECTION 11. Sections 20-10-12 and 20-10-16 of the General Laws in Chapter 20-10

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entitled "Aquaculture" are hereby amended to read as follows:

24-2

     20-10-12. Permits for possession, importation, and transportation of species used in

24-3

aquaculture. Permits and licenses for the taking, possession, sale, importation, and

24-4

transportation of species used in aquaculture.-- (a) The director is authorized and empowered

24-5

to grant permits for, issue licenses for, and establish rules and regulations governing the taking,

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possession, sale, importation, and transportation of animal or plant species utilized in aquaculture;

24-7

provided, however, that in the case of bivalves, no approval shall be given for the sale,

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possession, use, storage, or transportation of those species for human consumption without the

24-9

written approval and permission of the director of health.

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      (b) Any person who takes, possesses, imports, or transports any animal or plant species

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as delineated in subsection (a) without a permit issued by the director shall be guilty of a

24-12

misdemeanor and subject to imprisonment of not more than one year or a fine not exceeding five

24-13

hundred dollars ($500), or both. The animal or plant species possessed, imported, or transported

24-14

by that person may be forfeited to the state.

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      (c) In accordance with rules and regulations established under this section, permits

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issued by the director may provide for specific exemptions, notwithstanding other provisions of

24-17

law, from quotas, catch or bag limits, seasons, minimum size limits and other such restrictions on

24-18

commercial fishing as the director, in consultation with the council, may determine to be

24-19

inappropriate to commercial aquaculture.

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     (d) Any person who is granted permits for the conduct of aquaculture by the CRMC and

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the director in accordance with this chapter shall obtain a commercial aquaculture license to sell

24-22

aquaculture products in the state to licensed fish and shellfish dealers. The license shall be issued

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by the department on a calendar year basis for an annual fee of two hundred dollars ($200).

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     20-10-16. Penalties. -- (a) Any person who conducts aquaculture activities in excess of

24-25

those authorized by an aquaculture permit shall be guilty of a misdemeanor and subject to

24-26

imprisonment not exceeding one year or a fine not exceeding five hundred dollars ($500), one

24-27

thousand dollars ($1,000), or both. In addition to that fine and/or imprisonment, all works,

24-28

improvements, fish, and animal and plant life involved in the project may be forfeited to the state.

24-29

      (b) Any person damaging, disturbing, or interfering with any area subject to an

24-30

aquaculture permit or any person damaging, disturbing, interfering, or taking by any means

24-31

whatsoever, or possessing the cultivated species in an area subject to an aquaculture permit,

24-32

without the permission of the permittee, is guilty of a misdemeanor and subject to imprisonment

24-33

not exceeding one year or a fine of not more than five hundred dollars ($500), one thousand

24-34

dollars ($1,000), or both. In addition to that fine and/or imprisonment, all vessels, dredges, tongs,

25-1

rakes, and other implements used to damage, disturb, interfere, or take cultivated species in those

25-2

areas may be forfeited to the state.

25-3

     SECTION 12. Chapter 20-10 of the General Laws entitled "Aquaculture" is hereby

25-4

amended by adding thereto the following sections:

25-5

     20-10-13.1. Cultivated plants or animals -- Exemption from certain wild fishery

25-6

restrictions. – Aquaculture activities conducted in a manner consistent with permit and license

25-7

conditions and in accordance with the rules and regulations promulgated pursuant to this chapter,

25-8

and aquaculture products harvested for sale as a result of said activities, shall be exempt from the

25-9

following statutory and regulatory restrictions governing wild fisheries: seasons; bag limits;

25-10

methods of harvest; and, except for quahaugs (Mercenaria mercenaria), minimum sizes.

25-11

Aquaculturists are prohibited from harvesting for sale to a shellfish dealer for human

25-12

consumption, quahaugs (Mercenaria mercenaria) with a hinge width of less than one inch (1").

25-13

     20-10-16.1. License or permit suspension or revocation. – The permit or license of any

25-14

person who has violated the provisions of this chapter or the rules and regulations issued pursuant

25-15

thereto, including anyone holding a license or permit found guilty of a violation in accordance

25-16

with subsection 20-10-16(b), may be suspended or revoked by the CRMC or the director in any

25-17

manner and for any period as the CRMC or the director shall determine by regulation. Any

25-18

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

25-19

with the provisions of the administrative procedures act, chapter 35 of title 42.

25-20

     SECTION 13. Severability. If any clause, sentence, paragraph, section or part of this act

25-21

shall be adjudged to be invalid by any court of competent jurisdiction, the judgment shall not

25-22

affect, impair, or invalidate the remainder of the act.

25-23

     SECTION 14. Sections 4, 5 and portions of section 6 of this act as identified herein shall

25-24

take effect on January 1, 2003. Section 8 of this act shall take effect on January 1, 2004. The

25-25

remaining portions of this act shall take effect upon passage.

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LC01917

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO FISH AND WILDLIFE

***

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     This act would amend laws regarding the licensing of shell fisherman. The act would

26-2

also extend the current moratorium and would make other technical changes to the laws

26-3

governing commercial fisherman.

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     Sections 4, 5 and portions of section 6 of this act as identified therein would take effect

26-5

on January 1, 2003. Section 8 of this act would take effect on January 1, 2004. The remaining

26-6

portions of this act would take effect upon passage.

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LC01917

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