2002 -- S 2622

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LC01711

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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 WILDFLIFE - COMMERCIAL FISHERIES

     

     

     Introduced By: Senators McDonald, Enos, Paiva-Weed, Damiani, and Algiere

     Date Introduced: February 06, 2002

     Referred To: Senate Special Legislation

It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 20-4 of the General Laws entitled "Commercial Fisheries" is

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hereby amended by adding thereto the following sections:

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     20-4-1-3. Non-resident offloading and sale of quota species. - - For any marine

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specie(s) that has been allocated to the state of Rhode Island through a quota system established

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by the Atlantic States Marine Fisheries Commission or the National Marine Fisheries Service, no

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non-resident and no vessel registered or documented outside the state of Rhode Island and owned

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by a non-resident shall offload and offer for sale any marine specie(s) against the quota allocated

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to the state of Rhode Island, unless as otherwise specified in section 20-4-1.4, of this chapter.

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     20-4-1-4. Non-resident commercial fishing permit for quota species. -- The director

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shall establish a non-resident permit program and may issue a commercial fishing permit for

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quotated species to a Rhode Island licensed commercial non-resident and named vessel for the

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offloading and/or sale of any specie(s) of marine organism that has been allocated by a quota

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system to the state of Rhode Island by the Atlantic States Marine Fisheries Commission or the

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National Marine Fishery Service. The Rhode Island licensed, commercial fishing non-resident

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shall apply for a non-resident permit for said species and prove to the satisfaction of the director

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that such applicant contributed through historical participation to the establishment of that quota

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allocated to the state of Rhode Island. The following provisions shall apply to a non-resident

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commercial fishing permit for quotated species.

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     (1) A permit holder may replace the named vessel provided that the replacement vessel

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and the named vessel are owned by the same person.

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     (2) Only one vessel upgrade shall be allowed for each permit holder. Any changes in the

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characteristics of the replacement vessel shall not exceed a ten percent (10%) increase in length,

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gross registered tonnage (GRT), net tonnage (NT), and/or twenty percent (20%) increase in

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horsepower (HP) when compared to the vessel replaced.

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     (3) Permits shall not be combined to create a larger vessel.

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     (4) A permit shall not be pledged, mortgaged, leased, encumbered in any way, transferred

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to any other person, attached, distrained, sold on execution of judgment, nor shall any property

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right be created.

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     SECTION 2. This act shall take effect upon passage.

     

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LC01711

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO FISH AND WILDFLIFE - COMMERCIAL FISHERIES

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     This act would prohibit non-resident commercial fisherman from offloading and selling

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marine species against Rhode Island’s quota without having first obtained a non-resident

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commercial fishing permit for quota species from the director of the department of environmental

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management.

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     This act would take effect upon passage.

     

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LC01711

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S2622