2021 -- S 0206

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LC001098

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO FISH AND WILDLIFE - COMMERCIAL FISHERIES

     Introduced By: Senators Sosnowski, Coyne, Seveney, Felag, and Gallo

     Date Introduced: February 10, 2021

     Referred To: Senate Commerce

     It is enacted by the General Assembly as follows:

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

amended by adding thereto the following section:

     20-4-14. Direct sales.

     (a) The director of the department of environmental management pursuant to the authority

and provisions of chapters 1, 2, 4, 6 and 7 of title 20 shall issue and enforce rules, regulations and

orders with respect to the following matters and activities:

     (1) Authorizing the transportation and sale of allowable species of finfish, live lobsters,

live crabs and live whelk by the holder of a license issued pursuant to subsection (a)(2) of this

section, or by the authorized agent/crew member of the license holder, from the vessel or dockside

from the vessel on which the seafood was harvested to a consumer or licensed seafood retailer.

     (2) Issuance of a direct sale dealer license to applicants possessing a resident commercial

fishing license or resident landing permit, and who provide documentation to the satisfaction of the

director that the applicant has permission or authority from both the property owner and the

municipality of the location where the sales subject to the provisions of subsection (a)(1) of this

section shall be conducted.

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

this section, shall include the following provisions:

     (1) Only the licensee, or a regularly employed crewmember of the licensee, may sell

allowable species under the direct sale dealer license. To be eligible to conduct such sales, a

crewmember must first receive written authorization from the licensee. Such authorization shall be

in the form of a typewritten statement, signed and dated by the licensee that expressly authorizes

the crewmember to act on behalf of the licensee with regard to direct sales. The statement shall

further specify: the name of the crewmember, the name of the vessel from which the sales are

conducted, and the month and year that the crewmember began working on the vessel. The

statement shall be kept on the vessel and be available at all times for inspection by department

personnel. A crewmember who is acting on behalf of a licensee must comply with all applicable

regulations governing direct sales, as set forth in this subsection, and the licensee shall be

responsible for any violations of regulations by the crewmember.

     (2) All direct sale activities must be conducted in a manner consistent with applicable

federal, state, and municipal laws, regulations and polices governing port and marina operations.

     (3) Licensees offering allowable species for sale pursuant to the direct sale dealer license

may only sell allowable species that they legally harvested. Sales may only be conducted by

commercial license holders authorized to commercially harvest the species made available for sale

or by a regularly employed crewmember of the licensee.

     (4) The transfer of species between direct sale dealer license holders is expressly

prohibited.

     (5) Any change in location for a direct sale dealer license requires notification to the

department and is subject to a license re-print fee of ten dollars ($10.00).

     (6) Species for sale must be labeled accurately.

     (7) Direct sale dealer license holders are exempt from any department requirement that

summer flounder be placed in standard sixty (60) or one hundred (100) pound containers prior to

their removal from the dealer's premises or from the point of transfer.

     (8) Lobsters, crabs and whelk must be sold live.

     (9) Transporting is limited to lobsters, crabs, and whelk harvested from individual vessels

and sold and transported by the individual harvester or affiliated crewmembers. The name of the

vessel and license holder, provided in writing and legible, must accompany all transported lobsters,

crabs, and whelk.

     (10) For all species subject to sale, standard harvester reporting is required (i.e. Federal

VTR's or state catch and effort reports). Harvester reports must be completed in full and be available

for inspection by the director prior to any species being sold pursuant to the provisions of this

section.

     (11) All seafood must be stored and handled in a safe and sanitary manner to include, but

not limited to:

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     (i) While on board the vessel, all species to be sold must be protected from contamination,

kept shaded, maintained at or below forty-one degrees Fahrenheit (41° F) and/or buried in ice.

     (ii) Knives/utensils and other food contact surfaces used to head, gut or bleed fish must be

kept clean.

     (c) Nothing in this section shall be construed to permit:

     (1) The direct sale of histamine producing fish, including bluefish, tuna, mackerel, herring,

mahi mahi, bonito, swordfish, marlin, sailfish, wahoo, anchovy, sardines, shad, menhaden as well

as amberjack, escolar, hind, jack, kahawai, milkfish, saury, scad, spearfish, sprat and trevally, and

striped bass; or

     (2) The transportation for sale of finfish to consumers and/or retailers. All sales of finfish

must be sold dockside from the vessel.

     (d) Nothing in this section shall be construed to apply to any person holding a federal

fishing permit (vessel-based) or direct donations of finfish by licensed commercial fishermen

pursuant to department regulations.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FISH AND WILDLIFE - COMMERCIAL FISHERIES

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     This act would permit the dockside sale of allowable finfish, live lobsters, crabs and live

whelk upon issuance of a direct sale dealer license by the department of environmental management

to a commercial fishing license holder.

     This act would take effect upon passage.

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