2025 -- H 6157

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LC002170

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO FISH AND WILDLIFE -- COMMERCIAL FISHING LICENSES

     Introduced By: Representatives Fogarty, Handy, Edwards, Knight, Shallcross Smith, and
Ajello

     Date Introduced: April 02, 2025

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 20-2.1-3 and 20-2.1-5 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) “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 catch, harvest, or take

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

of the holder or transferor of a commercial fishing license.

     (7) “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.

     (8) “Fisheries sectors” means and comprises crustaceans, finfish, and shellfish, as defined

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

     (9) “Fishery endorsement” means the authorization for a license holder to participate in a

designated fishery sector at a limited or unlimited level.

     (10) "Green crabs" (European green crabs, Carcinus maenes) means invasive shore crabs

native to Europe and North Africa.

     (10)(11) “Grace period” means sixty (60) calendar days commencing the last day of

February and shall only apply to renewals of licenses from the immediately preceding year.

     (11)(12) “Medical hardship” means a significant medical condition that 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)(13) “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)(14) “Other endorsement” means the authorization for a license holder or vessel to

participate in a designated activity.

     (14)(15) “Shellfish” means quahogs, clams, mussels, scallops, oysters, conches, and

mollusks in general other than squid.

     (15)(16) “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.

     20-2.1-5. 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 commercial 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 dictated by the fishery endorsement(s) associated with

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

management plans developed pursuant to this chapter.

     (ii) Multipurpose license. All multipurpose purpose license holders as of December 31 of

the immediately preceding year shall be eligible to obtain a multipurpose license that shall allow

the holder to engage in commercial fishing in all fisheries sectors.

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

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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.

     (iv) 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).

     (vi) Green crab (European green crabs, Carcinus maenes) license. Rhode Island residents

shall be able to obtain a "green crab license" for a fee of twenty-five dollars ($25.00) per year.

     (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 endorsements:

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

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

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 endorsements:

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 endorsements: The fee shall be four hundred dollars ($400).

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

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

     (I) Standard resident commercial green crab license. The fee shall be twenty-five dollars

($25.00)

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

     (3) Vessel declaration and fees.

     (i) 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 a commercial fishing vessel while it is being used for commercial fishing by displaying

a plate as provided in § 20-2.1-4.

     (ii) 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).

     (4) Gear endorsements and fees.

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

multipurpose vessel license, is also eligible to apply for a commercial gill net endorsement in

accordance with the provisions of this section. The fee for a commercial gill net endorsement 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.

     (ii) Other endorsements. The department may establish by rule any endorsements that

may be necessary or appropriate to effectuate the purposes of this chapter and facilitate

participation in a specific fishery; the fee for such endorsement shall not be greater than two

hundred dollars ($200). This endorsement shall be issued only in a manner consistent with the

general requirements of this chapter, including specifically those governing residency.

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     (5) New licenses.

     (i) Eligibility. For new standard resident commercial fishing and multipurpose licenses,

priority shall be given to applicants who have held a 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 a 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 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.

     (6) 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 nonrenewal, forfeiture, or revocation.

     (7) Issuance of temporary operator permits in cases of medical hardship. The

department shall make available, as necessary, temporary operator permits to provide solely for the

continued operation of a fishing vessel upon the determination of medical hardship of a license

holder who has actively fished. 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.

     (10) 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

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management plan or other duly adopted program to reduce effort.

     SECTION 2. This act shall take effect upon passage.

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LC002170

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FISH AND WILDLIFE -- COMMERCIAL FISHING LICENSES

***

     This act would create a new commercial fishing license for invasive green crabs for Rhode

Island residents for twenty-five dollars ($25.00) annually.

     This act would take effect upon passage.

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