ARTICLE 10

RELATING TO RELATING TO FISHING INDUSTRY MODERNIZATION

     SECTION 1. Section 20-2-27.1 of the General Laws in Chapter 20-2 entitled “Licensing”

is hereby amended to read as follows:

     20-2-27.1. Rhode Island party and charter boat vessel license.

     (a) All party and charter boats vessels carrying recreational passengers to take or attempt

to take marine fish species upon the navigable state and coastal waters of Rhode Island shall be

required to obtain a Rhode Island party and charter boat vessel license. The licenses shall be issued

by the department on a biennial basis for a fee of twenty-five dollars ($25) per vessel. The annual

fee shall be one hundred dollars ($100) for a resident of Rhode Island and shall be three hundred

dollars ($300) for a non-resident. All licensed party and charter boats vessels shall be required to

display a party and charter boat vessel decal provided by the department. To obtain a license, the

owner of a qualified vessel must submit:

     (1) A current copy of the operator's United States Coast Guard license to carry passengers

for hire;

     (2) A current copy of the vessel's "Certificate of Documentation" certifying that the vessel

is documented "Coastwise", or if the vessel is under five (5) net tons, a copy of the vessel's state

registration;

     (3) Proof that the operator and crew are currently enrolled in a random drug testing program

that complies with the federal government's 46 C.F.R. § 16.101 et seq. "Drug Testing Program"

regulations; and

     (4) A signed license application form certifying that the vessel is and will be operated in

compliance with all state and federal safety regulations for the vessel.

     (b) Rhode Island party and charter boat vessel licenses shall expire on the last day of

February December every other year, with the first expiration date being in February 2001. 

     SECTION 2. Sections 20-2.1-3, 20-2.1-4, 20-2.1-7 and 20-2.1-8 of the General Laws in

Chapter 20-2.1 entitled “Commercial Fishing Licenses” are hereby amended to read as follows:

     20-2.1-3. Definitions. 

     For the purposes of this chapter the following terms shall mean:

     (1) "Basic harvest and gear levels" means fishery-specific harvest and/or gear levels,

established and regularly updated by the department by rule, that, in a manner consistent with the

state or federally sanctioned management plans or programs that may be in effect, and to the extent

possible given those plans and programs, provide a maximum level of participation for commercial

fishing license holders in accordance with applicable endorsements.

     (1) “Activity Standard” means a level of fishing participation used to establish criteria for

the issuance of new licenses.

     (2) "Commercial fisherman" means a natural person licensed to who catches, harvests, or

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

     (3) "Council" means the marine fisheries council established by chapter 3 of this title.

     (4) "Crustaceans" means lobsters, crabs, shrimp, and for purposes of this chapter it also

includes horseshoe crabs.

     (5) "Director" means the director of the department of environmental management.

     (6) "Endorsement" means the designation of a fishery in which a license holder may

participate at either basic or full harvest and gear levels. Endorsement categories and levels shall

be established annually by the department by rule, based on the status of the various fisheries, the

levels of participation of existing license holders, and the provisions of applicable management

plans or programs. At a minimum, endorsement categories and endorsement opportunities shall

include, but may not be limited to: non-lobster crustacean; lobster; non-quahaug shellfish; quahaug;

non-restricted finfish; and restricted finfish. Endorsements, when available, shall be issued in

accordance with applicable qualifying criteria.

     (7) "February 28" means the twenty-eighth (28th) day in the month of February or the next

business day if February 28 falls on a Saturday or Sunday for the purpose of application submittals

and renewal deadlines.

     (6) “Family member” means a spouse, mother, father, brother, sister, child, or grandchild

of the holder or transferor of a commercial fishing license.

     (87) "Finfish" means cold-blooded aquatic vertebrates with fins, including fish, sharks,

rays, skates, and eels and also includes, for the purposes of this chapter, squid.

     (98) "Fisheries sectors" means and comprises crustaceans, finfish, shellfish, as defined in

this section, each of which shall singularly be considered a fishery sector.

     (10) "Full harvest and gear levels" means fishery-specific harvest and/or gear levels,

established and regularly updated by the department by rule, that, in a manner consistent with the

state or federally sanctioned management plans or programs that may be in effect, and to the extent

possible given those plans and programs, provide a maximum level of participation for principal

effort license holders in accordance with applicable endorsements and for all multi-purpose license

holders.

     (9) "Fishery Endorsement" means the authorization for a license holder to participate in a

designated fishery sector at a limited or unlimited level.

     (1110) "Grace period" means sixty (60) calendar days commencing the last day of February

28, as defined herein, and shall only apply to renewals of licenses from the immediately preceding

year; provided, that for calendar year 2004 the grace period shall be ninety (90) calendar days

commencing February 29, 2004.

     (1211) "Medical hardship" means a significant medical condition that prevents a license

applicant from meeting the application requirements renders an active licensed person unable to

fish for a period in excess of fourteen (14) days, either as a result of the physical loss of function

or impairment of a body part or parts, or debilitating pain. Demonstration of the medical hardship

shall be in the form of a diagnosis and prognosis signed by a medical doctor (M.D. or O.D.).

     (12) "Medical Incapacity" means death or injury that renders an active license holder

permanently unable to actively fish. Demonstration of medical incapacity shall be in the form of a

death certificate, or a diagnosis and prognosis signed by a medical doctor (M.D. or O.D.).

     (13) “Other Endorsement” means the authorization for a license holder or vessel to

participate in a designated activity.

     (134) "Shellfish" means quahogs, clams, mussels, scallops, oysters, conches, and mollusks

in general other than squid.

     (145) "Student commercial fisherman" means a resident twenty-three (23) years of age or

younger, licensed pursuant to this chapter, who is a full-time student.

     20-2.1-4 Licenses – General provisions governing licenses issued. 

     (a) Licenses and vessel declarations required Applicability. It shall be unlawful for any

person in Rhode Island or the waters of the state: (1) To take, catch, harvest, possess, or to hold, or

transport for sale in Rhode Island any marine finfish, crustacean, or shellfish species without a

license issued under the provisions of this title, provided, however, that marine finfish, crustaceans,

or shellfish species may be transported by a duly licensed dealer if the marine finfish, crustaceans,

or shellfish species have previously been sold by a duly licensed person; or (2) To engage in

commercial fishing from a vessel unless the vessel has been declared a commercial fishing vessel

as provided in § 20-2.1-5(23) and has a decal affixed to it or is displaying a plate.

     (b) Validation of license. No license issued under this chapter shall be valid until signed by

the licensee in his or her own handwriting.

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

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

or loan of the license shall be grounds for revocation or suspension of that license pursuant to § 20-

2-13.

     (d) Reporting and inspections condition of license. All persons granted a license under the

provisions of this chapter are deemed to have consented to the reporting requirements applicable

to commercial fishing actively that are established pursuant to this title and to the reasonable

inspection of any boat, vessel, net, rake, bullrake, tong, dredge, trap, pot, vehicle, structure, or other

contrivance used regularly for the keeping or storage of fish, shellfish or crustaceans marine

species, and any creel, box, locker, basket, crate, blind, fishing, or paraphernalia used in

conjunction with the licensed activity by persons duly authorized by the director. The provisions

of § 20-1-8(a)(7)(ii) shall apply to these inspections.

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

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

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

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

as if that person were fishing without a license.

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

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

name, age, occupation, place of residence, mailing address, weight, height, and color of hair and

eyes of the applicant for whom the license is wanted and providing any other information that may

be required pursuant to rule in order to effectuate the purposes of this chapter, and pay the fees as

provided in this chapter. All licenses issued under this chapter shall be valid only for the calendar

year of issuance, unless otherwise specified in this chapter or in the rules and regulations adopted

pursuant to this chapter. If the person will be either the owner or the operator as provided in § 20-

2.1-5(57) of a commercial fishing vessel, the person shall declare, on the application for each

commercial fishing vessel, the vessel name, length, horsepower, state registration number or coast

guard documentation number, federal permit number, if any, gear type(s), the principal fishery or

fisheries, and average projected crew size.

     (g) Application deadline, grace period for renewals, and limitation on appeals after the

deadlines. For commercial marine fishing licenses provided for in §§ 20-2.1-5 and 20-2.1-6, the

following provisions shall apply:

     (1) Unless otherwise specified in this chapter, an individual qualified to obtain a license

must submit an application to the department of environmental management no later than the last

day of February 28 of each year; license application shall be deemed valid if submitted to the

department prior to the close of regular office hours on the last day of February 28 or if postmarked

by the last day of February 28;

     (2) Unless otherwise specified in this title, no new or renewed licenses shall be issued after

the last day of February 28 of each year, unless an applicant has submitted an application by the

February 28 deadline required by this section;

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

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

     (4) For renewals of existing commercial marine fishing licenses that expire on December

31 of the immediately preceding year, there shall be a sixty-day (60) grace period from the renewal

deadline of February 28; licenses issued during the grace period shall be subject to a late fee in the

amount of two-hundred dollars ($200) in addition to all other applicable fees;

     (5) Except as provided for in subsection (g)(4) of this section or § 20-2.1-5(1)(iviii)(A), the

department shall not accept any applications submitted after the last day of February 28; and

     (6) There shall be no right to request reconsideration by the commercial fishing license

review board or an appeal to the department of environmental management's administrative

adjudication division (AAD) for the rejection of any new license applications submitted after the

last day of February 28, or any license renewal applications submitted after the sixty (60) day grace

period., except iIn the case of a documented medical hardship as defined herein medical condition

that prevents a license applicant from meeting the application requirements, the license applicant

has no more than one year after the expiration of a license to appeal to AAD. Demonstration of

such medical condition shall be in the form of a diagnosis and prognosis signed by a medical doctor

(M.D. or O.D.).

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

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

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

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

certificate, for a fee of ten dollars ($10.00) for each duplicate license.

     (i) Revocation of licenses.

     (1) License revocation. The license of any person who has violated the provisions of this

chapter, or rules adopted pursuant to the provisions of this chapter, or rules and regulations that

pertain to commercial fishing and reporting issued pursuant to this title, may be suspended or

revoked by the director as the director shall determine by regulation. Any person aggrieved by an

order of suspension or revocation may appeal this order in accordance with the provisions of the

administrative procedures act, chapter 35 of title 42.

     (2) False statements and violations; cancellation of license. Any person who willfully

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

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

to a false representation, shall be punished by a fine of not more than fifty dollars ($50.00). A

license obtained by any person through a false representation shall be null and void, and the license

shall be surrendered immediately to the director. No license shall be issued under this title to this

person for a period of one year from the date of imposition of a penalty under this section.

     (3) False, altered, forged, or counterfeit licenses. Every person who falsely makes, alters,

forges, or counterfeits, or who causes to be made, altered, forged, or counterfeited, a license issued

under this chapter or title or purporting to be a license issued under this chapter or title, or who

shall have in his or her possession such a license knowing it to be false, altered, forged, or

counterfeit, is guilty of a misdemeanor and is subject to the penalties prescribed in § 20-1-16.

     (j) Expiration. Unless otherwise specified in this title, all licenses issued under this chapter

shall be annual and shall expire on December 31 of each year. It shall be unlawful for any person

to fish commercially in Rhode Island waters on an expired license; and the application and grace

periods set forth in subsections (g)(1) and (g)(4) above shall not extend the validity of any expired

license.

     (k) Notice of change of address. Whenever any person holding any commercial fishing

license shall move from the address named in his or her last application, that person shall, within

ten (10) days subsequent to moving, notify the office of boat registration and licensing of his or her

former and current address. 

     20-2.1-7. Landing permits and fees. 

     Landing permits shall be issued as provided for in chapter 4 of this title. In addition, a non-

resident must obtain a landing permit, for a fee of two hundred dollars ($200), to off-load or land

species harvested outside Rhode Island waters. The landing permit shall be valid for the calendar

year in which it was issued. The department shall adopt any rules and procedures that may be

necessary for the timely issuance of landing permits in order to facilitate the off-loading and sale

of non-quota species harvested outside state waters.

     (a) All residents or non-residents, with the exception of persons or vessels with qualifying

Rhode Island fishing licenses, who have charge of a vessel carrying seafood products legally

harvested outside Rhode Island waters shall obtain a permit to land, sell or offer for sale seafood

products in Rhode Island. The permit shall be issued by the department upon proof that the

applicant holds a valid state or federal commercial fishing license.

     (1) Resident landing permit: for the landing, sale or offering for sale of marine species

(including process product), caught by any means: the fee shall be three hundred dollars ($ 300).

     (2) Non-resident landing permit: for the landing, sale or offering for sale of marine species

(including process product), caught by any means, excluding restricted species as defined by rule.

The fee shall be six hundred dollars ($600).

     (3) Non-resident exempted landing permits.

     (i) A new landing permit shall not be issued to any non-resident to off-load, land, offer for

sale, or sell any restricted marine species, the definition of which shall be established by the

department by rule and shall take into account species for which a quota has been allocated to the

state of Rhode Island by the Atlantic States Marine Fisheries Council or the National Marine

Fisheries service, unless:

     (A) the landing shall be counted against the quota of the state where the vessel making the

landing is registered or documented; or

     (B) the state where the vessel making the landing is registered or documented issues new

landing permits to Rhode Island residents to land against that state's quota for the same species. For

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

non-resident landing permit unless the applicant can show, to the satisfaction of the director,

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

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

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

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

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

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

a landing permit unless a new landing permit can be issued as allowed in this section.

     (4) Fee: The fee shall be six hundred dollars ($600).

     (b) Landing permits shall be valid for the calendar year in which they are issued.

     (c) The department shall adopt any rules and procedures that may be necessary for the

timely issuance of these permits in order to facilitate the off-loading and sale of seafood products,

except restricted finfish, harvested outside Rhode Island waters.

     (d) Notwithstanding the provisions of this section, a commercial vessel with seafood

products on board may, without a landing permit, enter Rhode Island waters and be secured to a

shoreside facility for purposes other than landing, selling, or offering for sale the seafood products

on board if the person having charge of the vessel obtains permission from the department's division

of law enforcement prior to securing the vessel to the shoreside facility.

     20-2.1-8. Dealers' licenses and fees. 

     In accordance with §§ 20-4-1.1, 20-6-24, and 20-7-5.1, the following dealers' licenses shall

be issued by the department:

     (a) No person, partnership, firm, association, or corporation shall barter or trade in marine

species taken by persons licensed under this chapter unless a license so to do has been obtained

from the director of environmental management.

     (b) Any licensee operating under the provisions of this section shall purchase marine

species from licensed persons only and shall purchase or possess only those lobsters legally taken

or possessed.

     (c) The director shall issue and enforce rules and regulations and orders governing bartering

and trading in marine species by licensed persons of marine species and licensed dealers, and other

persons, partnerships, firms, associations, or corporations.

     (d) License types and fees:

     (1) Multi-purpose Rhode Island dealer's license. This license shall allow the holder dealer

to deal purchase or sell all marine products in the state of Rhode Island. The license shall be valid

for the calendar year in which it is issued. The cost of the license fee shall be three hundred four

hundred and fifty dollars ($300 450).

     (2) Finfish dealer's license. This license shall allow the holder dealer to deal purchase or

sell all finfish products in the state of Rhode Island. The license shall be valid for the calendar year

in which it is issued. The cost of the license fee shall be two hundred three hundred dollars ($200

300).

     (3) Shellfish dealer's license. This license shall allow the holder dealer to deal purchase or

sell all shellfish products in the state of Rhode Island. The license shall be valid for the calendar

year in which it is issued. The cost of the license fee shall be two hundred three hundred dollars

($200 300).

     (4) Crustacean dealer license. This license shall allow the dealer to purchase all crustacean

products in the state of Rhode Island. The license shall be valid for the calendar year in which it is

issued. The fee shall be three hundred dollars ($300).

     (e) Seafood dealers license – suspension or revocation. The director may suspend, revoke,

or deny the license of a seafood dealer or fisher of marine species for the violation of any provision

of this title or the rules, regulations, or orders adopted or issued pursuant to this title.

     (f) Any person aggrieved by the decisions of the director may appeal the decision pursuant

to the provisions of the Administrative Procedures Act, chapter 35 of title 42.

     (g) The director is authorized to enter and inspect the business premises, appurtenant

structures, vehicles, or vessels of any seafood dealer and to inspect the records maintained by a

seafood dealer for the purpose of determining compliance with the provisions of this section and

any rules, regulations, or orders issued under this section, and no person shall interfere with,

obstruct the entrance, or inspection of the director or the director's agents of those business

premises, appurtenant structures, vehicles or vessels.

     (h) Any violation of the provisions of this section or any rule, regulation, or order adopted

under this section shall be subject to penalties prescribed in § 20-1-16.

     SECTION 3. Effective on July 1, 2022, Sections 20-2.1-5 and 20-2.1-6 of the General

Laws in Chapter 20-2.1 entitled “Commercial Fishing Licenses” are hereby amended to read as

follows:

     20-2.1-5. Resident licenses, endorsements and fees.

     The director shall establish, as a minimum, the following types of licenses and

endorsements set forth in this section. In addition, the director may establish any other classes and

types of licenses and endorsements, consistent with the provisions of this chapter and with adopted

management plans that may be necessary to accomplish the purposes of this chapter:

     (1) Types of licenses.

     (i) Standard resident Ccommercial fishing license. Rhode Island residents shall be eligible

to obtain a standard resident commercial fishing license; the license shall allow the holder to engage

in commercial fishing in fisheries sectors, per dictated by the fishery endorsement(s) associated

with the license at basic harvest and gear levels. Fishery endorsements shall be established by the

department consistent with fishery management plans developed pursuant to this chapter. The

annual fee for a commercial fishing license shall be fifty dollars ($50.00) and twenty-five dollars

($25.00) for each endorsement at the basic harvest and gear levels.

     (ii) Principal effort license. Duly licensed persons, in a fishery as of December 31 of the

immediately preceding year, shall be eligible to obtain a principal effort license for the fishery

sector for which they were licensed on December 31 of the immediately preceding year, which

principal effort license shall allow its holder to fish in a fishery sector at the full harvest and gear

levels. Principal effort license holders, in addition to the fishery sector of their principal effort,

shall be eligible to obtain endorsements for the other fishery sectors at the full harvest and gear

levels, if and when those endorsements are made available; the annual fee for each other fishery

sector endorsement shall be seventy-five dollars ($75). Principal effort license holders shall also be

eligible to obtain a commercial fishing license with endorsements, except for fisheries in which the

license holder can fish at the full harvest and gear levels.

     (iii) Multi-purpose license. All multi-purpose license holders as of December 31 of the

immediately preceding year shall be eligible to obtain a multi-purpose license that shall allow the

holder to engage in commercial fishing in all fisheries sectors at the full harvest and gear levels. At

the time of application for a multi-purpose license and each annual renewal of it, the applicant shall

make a non-binding declaration of which fishing sectors the applicant intends to place significant

fishing effort during the period covered by the license. The annual fee for multi-purpose license

shall be three hundred dollars ($300).

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

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

time student status. An individual qualified to obtain a license must submit an application to the

department of environmental management no later than June 30; a license application shall be

deemed valid if submitted to the department prior to the close of regular office hours on June 30 or

if postmarked by June 30.

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

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

license.

     (v) Multipurpose vessel license. Any multipurpose license holder shall be eligible to obtain

a multipurpose vessel license that shall allow the vessel owner to designate any operator to engage

in commercial fishing for all marine species aboard their owned vessel, provided the vessel owner

has consigned a multipurpose fishing license to the department. The department may then re-issue

the consigned multipurpose fishing license to the commercially declared fishing vessel as a

multipurpose vessel license. The director has the authority to limit the number of multipurpose

vessel licenses issued annually by rule. The fee for a multipurpose vessel license shall be one

thousand dollars ($1,000).

     (2) Fees.

     (i) Standard resident commercial fishing license.

     (A) Standard resident commercial fishing license plus one limited fishery endorsement:

The fee shall be one hundred fifty dollars ($150).

     (B) Standard resident commercial fishing license plus two limited fishery endorsement:

The fee shall be two hundred dollars ($200).

     (C) Standard resident commercial fishing license plus three limited fishery endorsement:

The fee shall be two hundred fifty dollars ($250).

     (D) Standard resident commercial fishing license plus one unlimited fishery endorsement:

The fee shall be three hundred dollars ($300).

     (E) Standard resident commercial fishing license plus one unlimited fishery endorsement

and one limited fishery endorsement: The fee shall be three hundred fifty dollars ($350).

     (F) Standard resident commercial fishing license plus two unlimited fishery endorsement:

The fee shall be three hundred seventy-five dollars ($375).

     (G) Standard resident commercial fishing license plus one unlimited fishery endorsement

and two limited fishery endorsement: The fee shall be four hundred dollars ($400).

     (H) Standard resident commercial fishing license plus two unlimited fishery endorsement

and one limited fishery endorsement: The fee shall be four hundred twenty-five dollars ($425).

     (ii) Multipurpose license: The fee shall be four hundred fifty dollars ( $450).

     (iv) Special licenses.

     (23) Vessel declaration and fees; gear endorsement and fees.

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

operator of a commercial fishing vessel to declare the vessel on the owner/operator's commercial

fishing license. The declaration shall be made at the time of initial license issuance and each

renewal, or prior to the vessel being used for commercial fishing by the owner and/or operator if

the first usage of the vessel for commercial fishing occurs during the course of a year after the

license has been issued or renewed. If the declaration is for a vessel of less than twenty-five feet

(25') in length, the declaration shall be transferable to another vessel less than twenty-five feet (25')

in length, provided the vessel is identified as commercial fishing vessel while it is being used for

commercial fishing by displaying a plate as provided in § 20-2.1-4.

     (B) The annual fee for each vessel declaration shall be twenty-five dollars ($25.00) for the

first twenty-five feet (25') or under, plus fifty cents ($0.50) per foot for each whole foot over twenty-

five feet (25'); this declaration fee shall entitle the holder to a decal. The holder of a valid decal for

twenty-five feet (25') in length or under may obtain a plate from the department for display on a

vessel twenty-five feet (25') in length that is being used temporarily for commercial fishing; the

annual fee for a plate shall be fifteen dollars ($15.00).

     (ii4) Gear endorsements and fees.

     (A) Shellfish dredging endorsement. A resident of this state who holds a multipurpose

license and/or an appropriate shellfish license is also eligible to apply for a shellfish dredging

endorsement to take quahogs, mussels, and surf clams by dredges hauled by powerboat. The annual

fee shall be twenty dollars ($20.00).

     (B) Fish trap endorsements. A person who holds a multi-purpose license and/or a principal-

effort license for finfish is also eligible to apply for a fish trap endorsement in accordance with the

permitting provisions in chapter 5 of this title. The fee shall be twenty dollars ($20.00) per trap

location for a three-year (3) period. Applicants who possessed a valid fish trap endorsement as of

the immediately preceding year may obtain a fish trap endorsement for the immediately following

year, subject to the same terms and conditions in effect as the immediately preceding year. New

fish trap endorsement opportunities shall be established by the department by rule, pursuant to

applicable management plans and the provisions in chapter 5 of this title.

     (Ci) Gill net endorsements. A person who holds a multipurpose license, or a vessel with a

multipurpose vessel license, and/or a principal effort license for finfish is also eligible to apply for

a commercial gill net endorsement in accordance with the provisions of this section. The annual

fee for a commercial gill net endorsement is shall be twenty dollars ($20.00). Applicants who

possessed a gill net endorsement as of the immediately preceding year may obtain a gill net

endorsement for the immediately following year. New gill net endorsement opportunities shall be

established by the department by rule, pursuant to applicable management plans.

     (Dii) Miscellaneous gear Other endorsements. The department may establish by rule any

specific gear endorsements that may be necessary or appropriate to effectuate the purposes of this

chapter and facilitate participation in a specific fishery with a specific type of gear; the fee for such

a gear endorsement shall not be greater than two hundred dollars ($200), but may be a lesser

amount. This endorsement shall be issued only in a manner consistent with the general requirements

of this chapter, including specifically those governing residency.

     (35) New licenses.

     (i) Eligibility. For new principal-effort standard resident commercial fishing and multi-

purpose licenses, priority shall be given to applicants who have held a lower level of commercial

fishing license for two (2) years or more, applicants with military service, and applicants who have

completed a department authorized commercial fishing training program, with preference to family

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

     (ii) Priority or preference applicants. A new license shall be granted to priority/preference

applicants who have acquired vessel and/or gear from a license holder who has retired a license,

provided, that as the result of any such transaction, for each license retired, not more than one new

license may be granted, nor may the nominal effort, including the total number of licenses, in a

fishery subject to effort controls or catch restrictions be increased.

     (iii) Availability of new or additional licenses. New principal-effort standard resident

commercial fishing and multipurpose licenses that increase the total number of licenses in the

fishery may be made available by rule consistent with management plan for issuance effective

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

new licenses shall be given to Rhode Island residents.

     (46) Retirement of licenses. Issuance of a commercial fishing license shall not be deemed

to create a property right such that the license can be sold or transferred by the license holder;

fishing licenses shall be surrendered to the state upon their non-renewal, forfeiture, or revocation.

     (57) Transfer for Issuance of temporary operator permits in cases of medical

hardship. Notwithstanding the provisions of § 20-2.1-4(c), a license may be transferred to a family

member upon the incapacity or death of the license holder who has actively participated in

commercial fishing. The transfer shall be effective upon its registration with the department. A

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

of the transferor. The department shall make available, as necessary, temporary operator permits to

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

determination of medical hardship of a license holder who has actively participated in commercial

fishing fished. , which Temporary operator permits shall be subject at a minimum to the conditions

and restrictions that applied to the license holder.

     (8) Issuance of new Licenses to family members in cases of medical incapacity: Upon

determination of medical incapacity, an actively fished license may be surrendered to the

Department for the purpose of the concurrent issuance of a new license to a resident family member.

     (9) Issuance of new licenses upon the sale of a commercial fishing business: Upon the sale

of a commercial fishing business, as defined by rule, a new license may be issued to the buyer upon

the surrender of the seller’s license to the department for the purpose of the concurrent issuance of

a new license.

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

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

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

management plan or other duly adopted program to reduce effort. 

     20-2.1-6. Non-resident licenses, endorsements and fees. 

     Subject to the rules of the department, non-residents may apply for the following

commercial fishing licenses:

     (1) Standard Nnon-resident principal effort commercial fishing license. 

     (i) Non-residents age eighteen (18) and over shall be eligible to obtain a standard non-

resident commercial fishing license and, in accordance with applicable qualifying criteria, available

fishery sector endorsements, provided that the state of residence of the person affords the same

privilege in a manner that is not more restrictive to Rhode Island residents. A standard non-resident

principal effort commercial fishing license shall allow the license holder to harvest, land, and sell

in a lawful manner any marine species of finfish, per as dictated by the fishery endorsement(s), at

principal harvest and gear levels and as allowed in a management plan adopted by the department

associated with the license. Fishery endorsements shall be established by the department consistent

with fishery management plans developed pursuant to this chapter.

     (ii) Duly Rhode Island-licensed non-residents in a commercial fishery as of December 31

of the immediately preceding year shall be eligible to obtain a standard non-resident principal effort

commercial fishing license with a single sector endorsement applicable to the fishery sectors for

which they were licensed as of December 31 of the immediately preceding year; provided:

     (A) that the state of residence of the person affords the same privilege in a manner that is

not more restrictive to Rhode Island residents;

     (B) that those persons apply for the standard non-resident principal effort commercial

fishing license in accordance with § 20-2.1-4(g); and

     (C) that those persons shall also be subject to any other restrictions that were applicable to

the license as of December 31 of the immediately preceding year, which other restrictions may be

altered or changed consistent with a fishery management plans adopted by the department

developed pursuant to this chapter.

     (iii) Persons not duly licensed as of December 31 of the immediately preceding year shall

be eligible to obtain a standard non-resident principal effort commercial fishing license, per

endorsement, when available, consistent with fishery management plans developed pursuant to this

chapter, in accordance with applicable qualifying criteria and as allowed in a management plan

adopted by the department, provided that the state of residence of the person affords the same

privilege in a manner that is not more restrictive to Rhode Island residents.

     (iv) The annual fee for a standard non-resident principal effort license shall be four hundred

dollars ($400), plus one hundred dollars ($100) per endorsement.

     (2) Non-resident commercial fishing license. (i) A non-resident commercial fishing license

shall allow the holder to harvest, land, and sell in a lawful manner any species of finfish, per

endorsement(s), at basic harvest and gear levels and as allowed in a management plan adopted by

the department.

     (ii) Non-residents age eighteen (18) and over shall be eligible to obtain a non-resident

commercial fishing license and, in accordance with applicable qualifying criteria, available fishery

sector endorsements, provided that the state of residence of the person affords the same privilege

in a manner that is not more restrictive to Rhode Island residents.

     (iii) Holders of non-resident principal effort licenses shall not be eligible to obtain non-

resident commercial fishing licenses with the same fishery sector endorsements.

     (iv) Duly Rhode Island licensed non-residents in a commercial fishery as of December 31

of the immediately preceding year shall be eligible to obtain a non-resident commercial fishing

license in their endorsed fishery sector as of December 31 of the immediately preceding year

provided:

     (A) That the state of residence of the person affords the same privilege in a manner that is

not more restrictive to Rhode Island residents;

     (B) That those persons apply for the non-resident commercial fishing license in accordance

with § 20-2.1-4(g); and

     (C) That those persons shall also be subject to any other restrictions that were applicable

to the license as of December 31 of the immediately preceding year which other restrictions may

be altered or changed consistent with a management plan adopted by the department.

     (v) The annual fee for a non-resident commercial fishing license shall be one hundred fifty

dollars ($150), plus fifty dollars ($50.00) per endorsement.

     (2) Fees.

     (i) Standard non-resident commercial fishing license.

     (A) Standard non-resident commercial fishing license plus one limited fishery

endorsement: The fee shall be three hundred fifty dollars ($350).

     (B) Standard non-resident commercial fishing license plus one unlimited fishery

endorsement: The fee shall be seven hundred dollars ($700).

     (C) Standard non-resident commercial fishing license plus two limited fishery

endorsements: The fee shall be seven hundred dollars ($700).

     (D) Standard non-resident commercial fishing license plus three limited fishery

endorsements: The fee shall be one thousand fifty dollars ($1050).

     (E) Standard non-resident commercial fishing license plus one unlimited fishery

endorsement and one limited fishery endorsement: The fee shall be one thousand fifty dollars

($1050).

     (F) Standard non-resident commercial fishing license plus one unlimited fishery

endorsement and two limited fishery endorsements: The fee shall be one thousand four hundred

dollars ($1400).

     (G) Standard non-resident commercial fishing license plus two unlimited fishery

endorsements: The fee shall be one thousand four hundred dollars ($1400).

     (H) Standard non-resident commercial fishing license plus two unlimited and one limited

fishery endorsement: The fee shall be one thousand seven hundred fifty dollars ($1750).

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

operator of a commercial fishing vessel to make a declaration for that vessel; which shall be made

at the time of initial license issuance and each renewal, or prior to the vessel's being used for

commercial fishing in Rhode Island waters by the non-resident owner and/or operator if the first

usage of the vessel for commercial fishing occurs during the course of a year after the license has

been issued or renewed, for a cost of fifty dollars ($50.00), plus one dollar and fifty cents ($1.50)

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

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

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

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

commercial fishing licenses and principal effort standard non-resident commercial fishing licenses

by endorsement as provided in this section, subject to availability and with the priority established

in § 20-2.1-5(3)(iii). 

     SECTION 4. Sections 20-4-1.1, 20-4-1.2 and 20-4-1.3 of the General Laws in Chapter 20-

4 entitled "Commercial Fisheries" are hereby repealed.

     20-4-1.1. Finfish dealers license – License for finfish buyers – Suspension or

revocation. 

     (a) No person, partnership, firm, association, or corporation shall barter or trade in finfish

taken by persons licensed under this chapter unless a license so to do has been obtained from the

director of environmental management.

     (b) Any licensee operating under the provisions of this section shall purchase finfish from

licensed persons only and shall purchase or possess only those finfish legally taken or possessed.

     (c) The director shall issue and enforce rules and regulations and orders governing bartering

and trading in finfish by licensed fishers of finfish and licensed finfish buyers and other persons,

partnerships, firms, associations, or corporations.

     (d) The director may suspend, revoke, or deny the license of a finfish buyer or fisher of

finfish for the violation of any provision of this title or the rules, regulations, or orders adopted or

issued pursuant to this title.

     (e) Any person aggrieved by the decisions of the director may appeal the decision pursuant

to the provisions of the Administrative Procedures Act, chapter 35 of title 42.

     (f) The director of the department of environmental management and the director's agents

are authorized to enter and inspect the business premises, appurtenant structures, vehicles, or

vessels of any finfish buyer and to inspect the records maintained by a finfish buyer for the purpose

of determining compliance with the provisions of this section and any rules, regulations, or orders

issued under this section, and no person shall interfere with, obstruct the entrance, or inspection of

the director or the director's agents of those business premises, appurtenant structures, vehicles or

vessels.

     (g) Any violation of the provisions of this section or any rule, regulation, or order adopted

under this section shall be subject to penalties prescribed in § 20-1-16.

     20-4-1.2. Resident or non-resident commercial landing permit. 

     (a) Each resident or non-resident who has charge of a vessel carrying seafood products

legally harvested outside Rhode Island waters shall obtain a permit to land, sell or offer for sale

seafood products in Rhode Island. The permit shall be issued by the department upon proof that the

applicant holds a valid state or federal commercial fishing license and upon payment of the

following fees:

     (1) Resident or non-resident finfish landing permit: for the landing sale or offering for sale

of non-restricted finfish, the definition of which shall be established by the department by rule,

caught by any means, two hundred dollars ($200) for residents of the state; four hundred dollars

($400) for non-residents of the state.

     (2) Resident or non-resident shellfish landing permit: (includes process product), two

hundred dollars ($200) for residents of the state; four hundred dollars ($400) for non-residents of

the state. This permit allows the holder to land shellfish (surf clams, blue mussels, ocean quahaugs,

sea scallops) legally harvested in federal water.

     (3) Resident or non-resident miscellaneous landing permit: includes all other seafood

products not specified under any other provision of this chapter, two hundred dollars ($200) for

residents of the state; four hundred dollars ($400) for non-residents of the state.

     (4) Multi-purpose resident or non-resident landing permit: This permit allows a resident or

non-resident to land and sell all marine products in the state of Rhode Island, except restricted

finfish, the definition of which shall be established by the department by rule, three hundred dollars

($300) for residents of the state; six hundred dollars ($600) for non-residents of the state.

     (b) Landing permits shall be valid for the calendar year in which they are issued.

     (c) The department shall adopt any rules and procedures that may be necessary for the

timely issuance of these permits in order to facilitate the off-loading and sale of seafood products,

except restricted finfish, harvested outside Rhode Island waters.

     (d) Notwithstanding the provisions of this section, a commercial vessel with seafood

products on board may, without a landing permit, enter Rhode Island waters and be secured to a

shoreside facility for purposes other than landing, selling, or offering for sale the seafood products

on board if the person having charge of the vessel obtains permission from the department's division

of law enforcement prior to securing the vessel to the shoreside facility

     20-4-1.3. Non-resident landing permits.

     A new landing permit shall not be issued to any non-resident to off-load, land, offer for

sale, or sell any restricted marine species, the definition of which shall be established by the

department by rule and shall take into account species for which a quota has been allocated to the

state of Rhode Island by the Atlantic States Marine Fisheries Council or the National Marine

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

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

landing is registered or documented issues new landing permits to Rhode Island residents to land

against that state's quota for the same species. For purposes of this section, the renewal of any non-

resident landing permit shall be considered a new non-resident landing permit unless the applicant

can show, to the satisfaction of the director, historic participation in the fishery and landings of the

species; and any change or upgrade of a vessel twenty percent (20%) or greater in length,

displacement, or horsepower above the named vessel shall be considered a new landing permit.

Issuance of a landing permit shall not be deemed to create a property right that can be sold,

transferred, or encumbered; landing permits shall be surrendered to the state upon their non-renewal

or forfeiture, and the acquisition of a named vessel by a non-resident who does not already have a

landing permit shall not entitle the non-resident to a landing permit unless a new landing permit

can be issued as allowed in this section

     SECTION 5. Section 20-6-24 of the General Laws in Chapter 20-6 entitled "Shellfish" is

hereby repealed.

     20-6-24. License for shellfish buyers – Suspension or revocation.

     (a) No person, partnership, firm, association, or corporation shall barter or trade in shellfish

taken by persons licensed under this chapter unless a license so to do has been obtained from the

director of environmental management.

     (b) Any licensee operating under the provisions of this section shall purchase shellfish from

licensed persons only and shall purchase or possess only those shellfish legally taken or possessed.

     (c) The director shall issue and enforce rules and regulations and orders governing bartering

and trading in shellfish by licensed fishers of shellfish, licensed shellfish buyers and other persons,

partnerships, firms, associations, or corporations.

     (d) The director may suspend, revoke, or deny the license of a shellfish buyer or fisher of

shellfish for the violation of any provision of this title or the rules, regulations, or orders adopted

or issued pursuant to this title.

     (e) Any person aggrieved by the decision of the director may appeal the decision pursuant

to the provisions of the Administrative Procedures Act, chapter 35 of title 42.

     (f) The director of the department of environmental management and the director's agents

are authorized to enter and inspect the business premises, appurtenant structures, vehicles, or

vessels of any shellfish buyer and to inspect records maintained by a shellfish buyer for the purpose

of determining compliance with the provisions of this section and any rules, regulations, or orders

issued under this section, and no person shall interfere with or obstruct the entrance or inspection

of the director or the director's agents of those business premises, appurtenant structures, vehicles,

or vessels.

     (g) Any violation of the provisions of this section or any rule, regulation, or order adopted

under this section shall be subject to the penalties prescribed in § 20-1-16.

     SECTION 6. Section 20-7-5.1 of the General Laws in Chapter 20-7 entitled "Lobsters and

Other Crustaceans" is hereby repealed.

     20-7-5.1 Lobster dealer's license.

     (a) No person, partnership, firm, association, or corporation shall barter or trade in lobsters

taken by persons licensed under this chapter unless a license so to do has been obtained from the

director of environmental management.

     (b) Any licensee operating under the provisions of this section shall purchase lobsters from

licensed persons only and shall purchase or possess only those lobsters legally taken or possessed.

     (c) The director shall issue and enforce rules and regulations and orders governing bartering

and trading in lobsters by licensed fishers of lobster and licensed lobster buyers and other persons,

partnerships, firms, associations, or corporations.

     (d) The director may suspend, revoke, or deny the license of a lobster buyer or fisher of

lobster for the violation of any provision of this title or the rules, regulations, or orders adopted or

issued pursuant to this title.

     (e) Any person aggrieved by the decision of the director may appeal the decision pursuant

to the provision of the Administrative Procedures Act, chapter 35 of title 42.

     (f) The director of the department of environmental management and the director's agents

are authorized to enter and inspect the business premises, appurtenant structures, vehicles or vessels

of any lobster buyer and to inspect records maintained by a lobster buyer for the purposes of

determining compliance with the provisions of this section and any rules, regulations, or orders

issued under this section, and no person shall interfere with or obstruct the entrance or inspection

of the director or the director's her agents of those business premises, appurtenant structures,

vehicles or vessels.

     (g) Any violation of the provisions of this section or any rule, regulation or order adopted

hereunder shall be subject to the penalties prescribed in § 20-1-16.

     SECTION 7. Section 21-14-12 of the General Laws in Chapter 21-14 entitled “Shellfish

Packing Houses” is hereby amended to read as follows:

     21-14-12. Inspection of business premises – Dockside Program Established.

     (a) The director shall make regular inspections of the business premises of licensees and

no person shall interfere with or obstruct the entrance of the director to any packing house or

structural appurtenance to it, vessel, or vehicle for the purpose of making inspection as to sanitary

conditions during reasonable business hours, and no person shall obstruct the conduct of this

inspection; provided, that inspections as to sanitary conditions shall be made only by the director

or employees of the department of health. These employees of the department of health shall not

be construed to include agents whom the director may appoint in other departments for the purpose

of enforcing other provisions of this chapter; and provided, that nothing in this section shall be

construed as having granted to the director or any duly authorized official of the department the

right of search and seizure without a warrant.

     (b) The director shall be authorized to establish a dockside program, including the

promulgation of any rules and regulations deemed necessary or advisable in connection therewith,

pursuant to the relevant provisions of the National Shellfish Sanitation Program (NSSP) Model

Ordinance. Promulgating such rules and regulations pursuant to the NSSP Model Ordinance shall

assure that the marine shellfish processers, licensed by the department to land and process surf

clams and/or other marine shellfish species acquired in federal waters, are doing so in sanitary

fashion that comports with national standards. Such rules and regulations shall also be consistent

with the landing permit requirements of the department of environmental management in section

20-2.1-7. The dockside program shall not apply to aquaculture processers.

     (c) The licensing fees from the dockside program shall be deposited into the general fund.

However, the amount of the revenues collected for the dockside program shall be appropriated to

the department of health for its administration of this program. The director shall have the authority

to establish the licensing fees and limit the number of licenses issued, at his or her sole discretion.

     SECTION 8. Section 3 of this article shall take effect on July 1, 2022. The remainder of

this article shall take effect upon passage.