2015 -- S 0751

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LC001733

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO FISH AND WILDLIFE

     Introduced By: Senators Sheehan, and Sosnowski

     Date Introduced: March 24, 2015

     Referred To: Senate Environment & Agriculture

     (Environmental Management)

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 20-2.1-4 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:

     20-2.1-4. Licenses -- General provisions governing licenses issued. -- (a) Licenses and

vessel declarations required. - It shall be unlawful for any person in Rhode Island or the waters of

the state: (1) to catch, harvest, or to hold or transport for sale in Rhode Island any marine finfish,

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

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

dealer if the marine finfish, crustaceans, or shellfish has 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(2) 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, 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(5) of a commercial fishing vessel, the person shall declare on the application for

each commercial fishing vessel, the vessel name, length, horsepower, registration 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 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 February 28, or if

postmarked by February 28; (2) unless otherwise specified in this title, no new or renewed

licenses shall be issued after 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

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fishing licenses that expire on December 31 of the immediately preceding year, there shall be a

sixty (60) day 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) or § 20-2.1-5 (1)(iv)(A)

the department shall not accept any applications submitted after February 28; and (6) there shall

be no right to request reconsideration by the commercial fishing license review board or appeal to

the department of environmental management's administrative adjudication division (AAD) for

the rejection of any new license applications submitted after February 28, or any license renewal

applications submitted after the sixty (60) day grace period, except in the case of a documented

medical hardship as defined herein.

      (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 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 §

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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.

     20-2.1-5. Resident licenses. -- The director shall establish as a minimum the following

types of licenses 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) Commercial fishing license. - Rhode Island residents shall be eligible to obtain a

commercial fishing license; the license shall allow the holder to engage in commercial fishing in

fisheries sectors, per endorsement at basic harvest and gear levels. 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. The annual fee for a principal effort license shall be one hundred fifty dollars ($150).

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 ($75.00). 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, which shall allow

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

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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).

      (iv) Special licenses.

      (A) 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 of each year; 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.

      (B) 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.

      (2) 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 vessels 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 a vessel 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).

      (ii) 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

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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 (3) year 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.

      (C) Gill net endorsements. - A person who holds a multi-purpose 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 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.

      (D) Miscellaneous gear 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.

      (3) New licenses.

      (i) Eligibility. - For new principal effort and multi-purpose licenses priority shall be

given to applicants who have held a lower level of license for two (2) years or more, 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 effort or catch restrictions be increased.

      (iii) Availability of new or additional licenses. - New principal effort and multi-purpose

licenses that increase the total number of licenses in the fishery may be made available by rule

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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.

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

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

surrendered to the state upon their non-renewal, forfeiture or revocation.

      (5) Transfer for 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

operator permits to provide solely for the continued operation of a fishing vessel upon the illness,

incapacity or death of a license holder who has actively participated in commercial fishing, which

operator permits shall be subject at a minimum to the conditions and restrictions that applied to

the license holder.

      (6) 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.

     SECTION 2. This act shall take effect upon passage.

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LC001733

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FISH AND WILDLIFE

***

     This act requires applications for student shellfish licenses to be submitted no later than

June 30 of each year.

     This act shall take effect upon passage.

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