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art.007/3/007/2/007/1 | ||
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1 | ARTICLE 7 AS AMENDED | |
2 | RELATING TO THE ENVIRONMENT | |
3 | SECTION 1. Section 2-7-4 of the General Laws in Chapter 2-7 entitled "Commercial | |
4 | Fertilizer” is hereby amended to read as follows: | |
5 | 2-7-4. Registration. | |
6 | (a) Each brand and grade of commercial fertilizer shall be registered by the manufacturer | |
7 | or by that person whose name appears upon the label before being distributed in this state. The | |
8 | application for registration shall be submitted to the director on a form furnished by the director, | |
9 | and shall be accompanied by a fee of seventy-two dollars ($72.00) one hundred dollars ($100) per | |
10 | brand or grade registered. | |
11 | (1) All revenues received from registration fees shall be deposited as general revenues. | |
12 | (2) All applications for registration shall be accompanied by a label or true copy of the | |
13 | label. | |
14 | (3) Upon approval by the director, a copy of the registration shall be furnished to the | |
15 | applicant. | |
16 | (4) All registrations expire on December 31st of each year. | |
17 | (5) The application includes the following information: | |
18 | (i) The brand and grade; | |
19 | (ii) The guaranteed analysis; | |
20 | (iii) The name and address of the registrant. | |
21 | (b) A distributor is not required to register any commercial fertilizer which is already | |
22 | registered under this chapter by another person, providing the label does not differ in any respect. | |
23 | (c) A distributor is not required to register each grade of commercial fertilizer formulated | |
24 | according to specifications which are furnished by a consumer prior to mixing. | |
25 | (d) The plant nutrient content of each and every brand and grade of commercial fertilizer | |
26 | must remain uniform for the period of registration. | |
27 | SECTION 2. Sections 20-2-15, 20-2-16, 20-2-17, 20-2-18, 20-2-18.1, 20-2-18.3, 20-2-30, | |
28 | 20-2-37 and 20-2-42 of the General Laws in Chapter 20-2 entitled "Licensing" are hereby amended | |
29 | to read as follows: | |
30 | 20-2-15. Freshwater fishing license. | |
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1 | (a)(1) Resident: eighteen dollars ($18.00). twenty-one dollars ($21.00); commencing July | |
2 | 1, 2025, twenty-four dollars ($24.00); commencing July 1, 2028, twenty-seven dollars ($27.00). | |
3 | (2) Nonresident: thirty-five dollars ($35.00). thirty-eight dollars ($38.00); commencing | |
4 | July 1, 2025, forty-one dollars ($41.00); commencing July 1, 2028, forty-four dollars ($44.00). | |
5 | (3) Nonresident tourist: sixteen dollars ($16.00). eighteen dollars ($18.00); commencing | |
6 | July 1, 2025, twenty dollars ($20.00); commencing July 1, 2028, twenty-two dollars ($22.00). This | |
7 | license shall entitle the licensee to fish in Rhode Island for three (3) consecutive days including the | |
8 | day of issue. | |
9 | (b) Freshwater fishing licenses shall expire on the last day of February of each year. | |
10 | 20-2-16. Hunting License. | |
11 | (a)(1) Resident: eighteen dollars ($18.00). twenty-one dollars ($21.00); commencing July | |
12 | 1, 2025, twenty-four dollars ($24.00); commencing July 1, 2028, twenty-seven dollars ($27.00). | |
13 | (2) Nonresident: forty-five dollars ($45.00). fifty-five dollars ($55.00); commencing July | |
14 | 1, 2025, sixty-five dollars ($65.00); commencing July 1, 2028, seventy-five dollars ($75.00). | |
15 | (3) Nonresident landowner: a nonresident citizen of the United States and owner of real | |
16 | estate in Rhode Island assessed for taxation at a valuation of not less than thirty thousand dollars | |
17 | ($30,000) may obtain a resident’s hunting license. | |
18 | (4) Shooting preserve: three dollars and fifty cents ($3.50). | |
19 | (5) Nonresident three (3) day: sixteen dollars ($16.00) twenty dollars ($20.00). This license | |
20 | shall entitle the licensee to hunt in Rhode Island for three (3) consecutive days as validated by the | |
21 | issuing agent. | |
22 | (6) Resident junior hunting license: fourteen dollars ($14.00). | |
23 | (7) Nonresident junior hunting license: forty dollars ($40.00). | |
24 | (b) Hunting licenses shall expire on the last day of February of each year. | |
25 | 20-2-17. Combination fishing and hunting license. | |
26 | The director may grant to any eligible resident applying for a combination hunting and | |
27 | fishing license a license that shall entitle the licensee to the privileges of both hunting and fishing | |
28 | licenses, for a fee of thirty-three dollars ($33.00) thirty-eight dollars ($38.00); commencing July 1, | |
29 | 2025, forty-three dollars ($43.00); commencing July 1, 2028, forty-eight dollars ($48.00). The | |
30 | license shall expire on the last day of February of each year. | |
31 | 20-2-18. Deer Permits. | |
32 | (a)(1) Resident: twelve dollars and fifty cents ($12.50) thirteen dollars ($13.00); | |
33 | commencing July 1, 2025, fourteen dollars ($14.00); commencing July 1, 2028, fifteen dollars | |
34 | ($15.00). | |
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1 | (2) Nonresident: twenty-five twenty-six dollars and fifty cents ($25.50$26.50).; | |
2 | commencing July 1, 2025, twenty-seven dollars and fifty cents ($27.50); commencing July 1, 2028, | |
3 | twenty-eight dollars and fifty cents ($28.50). | |
4 | (b) A deer permit is good only for the season in which it is issued. | |
5 | 20-2-18.1. Wild turkey permits. | |
6 | (a) No person shall attempt to take any wild turkey without first obtaining a regular hunting | |
7 | license and a turkey permit for the current year. Permits shall be sold at the direction of the director | |
8 | for a fee of seven dollars and fifty cents eight dollars ($7.50$8.00) for residents and twenty-one | |
9 | dollars and fifty cents ($20.00$21.50) for nonresidents. Commencing July 1, 2025, permits shall | |
10 | be sold for a fee of nine dollars ($9.00) for residents and twenty-three dollars ($23.00) for | |
11 | nonresidents. Commencing July 1, 2028, permits shall be sold for a fee of ten dollars and fifty cents | |
12 | ($10.50) for residents and twenty-four dollars and fifty cents ($24.50) for nonresidents. The issuing | |
13 | agent may retain a fee of fifty cents ($.50) for each permit and shall remit seven dollars ($7.00) for | |
14 | resident permits and nineteen dollars and fifty cents ($19.50) for nonresident permits the remainder | |
15 | to the department. | |
16 | (b) A wild turkey permit shall be good only for the season in which it is issued. | |
17 | (c) All monies derived by the department from the sale of wild turkey permits shall be | |
18 | expended for turkey habitat acquisition in Rhode Island and wild turkey restoration management | |
19 | and research. | |
20 | 20-2-18.3. Stocked game bird permit fees and bag limits. | |
21 | Permits shall be sold at the direction of the director for a fee of fifteen seventeen dollars | |
22 | and fifty cents ($15.50 $17.00). Commencing July 1, 2025, the fee for a permit shall be eighteen | |
23 | dollars and fifty cents ($18.50). Commencing July 1, 2028, the fee for a permit shall be twenty-one | |
24 | dollars ($21.00). The issuing agent will retain a fee of fifty cents ($0.50) for each permit and shall | |
25 | remit fifteen dollars ($15.00) the remainder to the department. The permit will allow the person to | |
26 | harvest a daily bag and season limit as described in regulations promulgated by the director. All | |
27 | monies derived by the department from the sale of stocked game bird permits shall be expended | |
28 | for stocking game birds and wildlife habitat acquisition in Rhode Island. | |
29 | 20-2-30. Fur trapping and licenses. | |
30 | (a)(1) Fur trapper – Resident: ten fifteen dollars ($10.00$15.00); commencing July 1, 2025, | |
31 | twenty dollars ($20.00); commencing July 1, 2028, twenty-five dollars ($25.00). | |
32 | (2) Fur trapper – Nonresident: thirty fifty dollars ($30.00$50.00); commencing July 1, | |
33 | 2025, seventy-five dollars ($75.00); commencing July 1, 2028, one hundred dollars ($100.00). | |
34 | (b) Fur trapper and fur licenses expire on the last day of March of each year. | |
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1 | 20-2-37. Waterfowl stamp fees. | |
2 | (a) Stamps shall be sold at the direction of the director for a fee of seven eight dollars and | |
3 | fifty cents ($7.50$8.00). Commencing July 1, 2025, the fee for a stamp shall be nine dollars ($9.00). | |
4 | Commencing July 1, 2028, the fee for a stamp shall be ten dollars ($10.00). The issuing agent may | |
5 | retain a fee of fifty cents ($.50) for each stamp and shall remit seven dollars ($7.00) the remainder | |
6 | of each fee to the department. The director shall establish a uniform sale price for all categories of | |
7 | by-products. | |
8 | (b) [Deleted by P.L. 2002, ch. 65, art. 13, § 16.] | |
9 | 20-2-42. Trout conservation stamp fee. | |
10 | Stamps shall be sold at the direction of the director for a fee of five dollars and fifty cents | |
11 | ($5.50). Commencing July 1, 2025, the fee for a stamp shall be six dollars ($6.00). Commencing | |
12 | July 1, 2028, the fee for a stamp shall be six dollars and fifty cents ($6.50). The issuing agent may | |
13 | retain a fee of fifty cents ($.50) for each stamp sold and shall remit five dollars ($5.00) the | |
14 | remainder of each fee to the department. The director shall establish uniform sale prices for all | |
15 | categories of by-products. | |
16 | SECTION 3. Section 20-2-27.1 of the General Laws in Chapter 20-2 entitled "Licensing" | |
17 | is hereby amended to read as follows: | |
18 | 20-2-27.1. Rhode Island party and charter boat vessel license Rhode Island party and | |
19 | charter vessel license. | |
20 | (a) All party and charter boats vessels carrying recreational passengers to take or attempt | |
21 | to take marine fish species upon the navigable state and coastal waters of Rhode Island shall be | |
22 | required to obtain a Rhode Island party and charter boat vessel license. The licenses shall be issued | |
23 | by the department on a biennial basis for a fee of twenty-five dollars ($25) per vessel. The annual | |
24 | fee shall be one hundred dollars ($100) for a resident of Rhode Island and shall be three hundred | |
25 | dollars ($300) for a non-resident. All licensed party and charter boats vessels shall be required to | |
26 | display a party and charter boat vessel decal provided by the department. To obtain a license, the | |
27 | owner of a qualified vessel must submit: | |
28 | (1) A current copy of the operator's United States Coast Guard license to carry passengers | |
29 | for hire; | |
30 | (2) A current copy of the vessel's "Certificate of Documentation" certifying that the vessel | |
31 | is documented "Coastwise", or if the vessel is under five (5) net tons, a copy of the vessel's state | |
32 | registration; | |
33 | (3) Proof that the operator and crew are currently enrolled in a random drug testing program | |
34 | that complies with the federal government's 46 C.F.R. § 16.101 et seq. "Drug Testing Program" | |
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1 | regulations; and | |
2 | (4) A signed license application form certifying that the vessel is and will be operated in | |
3 | compliance with all state and federal safety regulations for the vessel. | |
4 | (b) Rhode Island party and charter boat vessel licenses shall expire on the last day of | |
5 | February December every other year, with the first expiration date being in February 2001. | |
6 | SECTION 4. Sections 20-2.1-3, 20-2.1-4, 20-2.1-7 and 20-2.1-8 of the General Laws in | |
7 | Chapter 20-2.1 entitled "Commercial Fishing Licenses" are hereby amended to read as follows: | |
8 | 20-2.1-3. Definitions. | |
9 | For the purposes of this chapter the following terms shall mean: | |
10 | (1) "Basic harvest and gear levels" means fishery-specific harvest and/or gear levels, | |
11 | established and regularly updated by the department by rule, that, in a manner consistent with the | |
12 | state or federally sanctioned management plans or programs that may be in effect, and to the extent | |
13 | possible given those plans and programs, provide a maximum level of participation for commercial | |
14 | fishing license holders in accordance with applicable endorsements. | |
15 | (1) "Activity Standard" means a level of fishing participation used to establish criteria for | |
16 | the issuance of new licenses. | |
17 | (2) "Commercial fisherman" means a natural person licensed to who catches, harvests, or | |
18 | takes finfish, crustaceans, or shellfish marine species from the marine waters for sale. | |
19 | (3) "Council" means the marine fisheries council established by chapter 3 of this title. | |
20 | (4) "Crustaceans" means lobsters, crabs, shrimp, and for purposes of this chapter it also | |
21 | includes horseshoe crabs. | |
22 | (5) "Director" means the director of the department of environmental management. | |
23 | (6) "Endorsement" means the designation of a fishery in which a license holder may | |
24 | participate at either basic or full harvest and gear levels. Endorsement categories and levels shall | |
25 | be established annually by the department by rule, based on the status of the various fisheries, the | |
26 | levels of participation of existing license holders, and the provisions of applicable management | |
27 | plans or programs. At a minimum, endorsement categories and endorsement opportunities shall | |
28 | include, but may not be limited to: non-lobster crustacean; lobster; non-quahaug shellfish; quahaug; | |
29 | non-restricted finfish; and restricted finfish. Endorsements, when available, shall be issued in | |
30 | accordance with applicable qualifying criteria. | |
31 | (7) "February 28" means the twenty-eighth (28th) day in the month of February or the next | |
32 | business day if February 28 falls on a Saturday or Sunday for the purpose of application submittals | |
33 | and renewal deadlines. | |
34 | (6) "Family member" means a spouse, mother, father, brother, sister, child, or grandchild | |
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1 | of the holder or transferor of a commercial fishing license. | |
2 | (87) "Finfish" means cold-blooded aquatic vertebrates with fins, including fish, sharks, | |
3 | rays, skates, and eels and also includes, for the purposes of this chapter, squid. | |
4 | (98) "Fisheries sectors" means and comprises crustaceans, finfish, shellfish, as defined in | |
5 | this section, each of which shall singularly be considered a fishery sector. | |
6 | (10) "Full harvest and gear levels" means fishery-specific harvest and/or gear levels, | |
7 | established and regularly updated by the department by rule, that, in a manner consistent with the | |
8 | state or federally sanctioned management plans or programs that may be in effect, and to the extent | |
9 | possible given those plans and programs, provide a maximum level of participation for principal | |
10 | effort license holders in accordance with applicable endorsements and for all multi-purpose license | |
11 | holders. | |
12 | (9) "Fishery Endorsement" means the authorization for a license holder to participate in a | |
13 | designated fishery sector at a limited or unlimited level. | |
14 | (1110) "Grace period" means sixty (60) calendar days commencing the last day of February | |
15 | 28, as defined herein, and shall only apply to renewals of licenses from the immediately preceding | |
16 | year; provided, that for calendar year 2004 the grace period shall be ninety (90) calendar days | |
17 | commencing February 29, 2004. | |
18 | (1211) "Medical hardship" means a significant medical condition that prevents a license | |
19 | applicant from meeting the application requirements renders an active licensed person unable to | |
20 | fish for a period in excess of fourteen (14) days, either as a result of the physical loss of function | |
21 | or impairment of a body part or parts, or debilitating pain. Demonstration of the medical hardship | |
22 | shall be in the form of a diagnosis and prognosis signed by a medical doctor (M.D. or O.D.). | |
23 | (12) "Medical Incapacity" means death or injury that renders an active license holder | |
24 | permanently unable to actively fish. Demonstration of medical incapacity shall be in the form of a | |
25 | death certificate, or a diagnosis and prognosis signed by a medical doctor (M.D. or O.D.). | |
26 | (13) "Other Endorsement" means the authorization for a license holder or vessel to | |
27 | participate in a designated activity. | |
28 | (134) "Shellfish" means quahogs, clams, mussels, scallops, oysters, conches, and mollusks | |
29 | in general other than squid. | |
30 | (145) "Student commercial fisherman" means a resident twenty-three (23) years of age or | |
31 | younger, licensed pursuant to this chapter, who is a full-time student. | |
32 | 20-2.1-4. Licenses -- General provisions governing licenses issued General provisions | |
33 | governing licenses issued. | |
34 | (a) Licenses and vessel declarations required Applicability. It shall be unlawful for any | |
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1 | person in Rhode Island or the waters of the state: (1) To take, catch, harvest, possess, or to hold, or | |
2 | transport for sale in Rhode Island any marine finfish, crustacean, or shellfish species without a | |
3 | license issued under the provisions of this title, provided, however, that marine finfish, crustaceans, | |
4 | or shellfish species may be transported by a duly licensed dealer if the marine finfish, crustaceans, | |
5 | or shellfish species have previously been sold by a duly licensed person; or (2) To engage in | |
6 | commercial fishing from a vessel unless the vessel has been declared a commercial fishing vessel | |
7 | as provided in § 20-2.1-5(23) and has a decal affixed to it or is displaying a plate. | |
8 | (b) Validation of license. No license issued under this chapter shall be valid until signed by | |
9 | the licensee in his or her own handwriting. | |
10 | (c) Transfer or loan of license. Unless otherwise provided for in this title, a license issued | |
11 | to a person under this chapter shall be good only for the person to whom it is issued and any transfer | |
12 | or loan of the license shall be grounds for revocation or suspension of that license pursuant to § 20- | |
13 | 2-13. | |
14 | (d) Reporting and inspections condition of license. All persons granted a license under the | |
15 | provisions of this chapter are deemed to have consented to the reporting requirements applicable | |
16 | to commercial fishing actively that are established pursuant to this title and to the reasonable | |
17 | inspection of any boat, vessel, net, rake, bullrake, tong, dredge, trap, pot, vehicle, structure, or other | |
18 | contrivance used regularly for the keeping or storage of fish, shellfish or crustaceans marine | |
19 | species, and any creel, box, locker, basket, crate, blind, fishing, or paraphernalia used in | |
20 | conjunction with the licensed activity by persons duly authorized by the director. The provisions | |
21 | of § 20-1-8(a)(7)(ii) shall apply to these inspections. | |
22 | (e) Possession, inspection, and display of license. Every person holding a license issued | |
23 | under this chapter shall have that license in his or her possession at all times while engaged in the | |
24 | licensed activity and shall present the license for inspection on demand by any authorized person. | |
25 | Any person who shall refuse to present a license on demand shall be liable to the same punishment | |
26 | as if that person were fishing without a license. | |
27 | (f) Application for license. Every person entitled to a license under this chapter shall file | |
28 | an application with the director, or the director's authorized agent, properly sworn to, stating the | |
29 | name, age, occupation, place of residence, mailing address, weight, height, and color of hair and | |
30 | eyes of the applicant for whom the license is wanted and providing any other information that may | |
31 | be required pursuant to rule in order to effectuate the purposes of this chapter, and pay the fees as | |
32 | provided in this chapter. All licenses issued under this chapter shall be valid only for the calendar | |
33 | year of issuance, unless otherwise specified in this chapter or in the rules and regulations adopted | |
34 | pursuant to this chapter. If the person will be either the owner or the operator as provided in § 20- | |
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1 | 2.1-5(57) of a commercial fishing vessel, the person shall declare, on the application for each | |
2 | commercial fishing vessel, the vessel name, length, horsepower, state registration number or coast | |
3 | guard documentation number, federal permit number, if any, gear type(s), the principal fishery or | |
4 | fisheries, and average projected crew size. | |
5 | (g) Application deadline, grace period for renewals, and limitation on appeals after the | |
6 | deadlines. For commercial marine fishing licenses provided for in §§ 20-2.1-5 and 20-2.1-6, the | |
7 | following provisions shall apply: | |
8 | (1) Unless otherwise specified in this chapter, an individual qualified to obtain a license | |
9 | must submit an application to the department of environmental management no later than the last | |
10 | day of February 28 of each year; license application shall be deemed valid if submitted to the | |
11 | department prior to the close of regular office hours on the last day of February 28 or if postmarked | |
12 | by the last day of February 28; | |
13 | (2) Unless otherwise specified in this title, no new or renewed licenses shall be issued after | |
14 | the last day of February 28 of each year, unless an applicant has submitted an application by the | |
15 | February 28 deadline required by this section; | |
16 | (3) The department shall notify all license holders, in writing, regarding the December 31 | |
17 | expiration and the February 28 renewal deadline no later than November 1 of each year; | |
18 | (4) For renewals of existing commercial marine fishing licenses that expire on December | |
19 | 31 of the immediately preceding year, there shall be a sixty-day (60) grace period from the renewal | |
20 | deadline of February 28; licenses issued during the grace period shall be subject to a late fee in the | |
21 | amount of two-hundred dollars ($200) in addition to all other applicable fees; | |
22 | (5) Except as provided for in subsection (g)(4) of this section or § 20-2.1-5(1)(iviii)(A), the | |
23 | department shall not accept any applications submitted after the last day of February 28; and | |
24 | (6) There shall be no right to request reconsideration by the commercial fishing license | |
25 | review board or an appeal to the department of environmental management's administrative | |
26 | adjudication division (AAD) for the rejection of any new license applications submitted after the | |
27 | last day of February 28, or any license renewal applications submitted after the sixty (60) day grace | |
28 | period., except iIn the case of a documented medical hardship as defined herein medical condition | |
29 | that prevents a license applicant from meeting the application requirements, the license applicant | |
30 | has no more than one year after the expiration of a license to appeal to AAD. Demonstration of | |
31 | such medical condition shall be in the form of a diagnosis and prognosis signed by a medical doctor | |
32 | (M.D. or O.D.). | |
33 | (h) Lost or destroyed licenses and duplicate licenses. Whoever loses, or by a mistake or | |
34 | accident destroys his or her certificate of a commercial marine fisheries license, may, upon | |
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1 | application to the department accompanied by an affidavit fully setting forth the circumstances of | |
2 | the loss, receive a duplicate certificate license for the remainder of the year covered by the original | |
3 | certificate, for a fee of ten dollars ($10.00) for each duplicate license. | |
4 | (i) Revocation of licenses. | |
5 | (1) License revocation. The license of any person who has violated the provisions of this | |
6 | chapter, or rules adopted pursuant to the provisions of this chapter, or rules and regulations that | |
7 | pertain to commercial fishing and reporting issued pursuant to this title, may be suspended or | |
8 | revoked by the director as the director shall determine by regulation. Any person aggrieved by an | |
9 | order of suspension or revocation may appeal this order in accordance with the provisions of the | |
10 | administrative procedures act, chapter 35 of title 42. | |
11 | (2) False statements and violations; cancellation of license. Any person who willfully | |
12 | makes a false representation as to birthplace or requirements of identification or of other facts | |
13 | required in an application for license under this chapter, or is otherwise directly or indirectly a party | |
14 | to a false representation, shall be punished by a fine of not more than fifty dollars ($50.00). A | |
15 | license obtained by any person through a false representation shall be null and void, and the license | |
16 | shall be surrendered immediately to the director. No license shall be issued under this title to this | |
17 | person for a period of one year from the date of imposition of a penalty under this section. | |
18 | (3) False, altered, forged, or counterfeit licenses. Every person who falsely makes, alters, | |
19 | forges, or counterfeits, or who causes to be made, altered, forged, or counterfeited, a license issued | |
20 | under this chapter or title or purporting to be a license issued under this chapter or title, or who | |
21 | shall have in his or her possession such a license knowing it to be false, altered, forged, or | |
22 | counterfeit, is guilty of a misdemeanor and is subject to the penalties prescribed in § 20-1-16. | |
23 | (j) Expiration. Unless otherwise specified in this title, all licenses issued under this chapter | |
24 | shall be annual and shall expire on December 31 of each year. It shall be unlawful for any person | |
25 | to fish commercially in Rhode Island waters on an expired license; and the application and grace | |
26 | periods set forth in subsections (g)(1) and (g)(4) above shall not extend the validity of any expired | |
27 | license. | |
28 | (k) Notice of change of address. Whenever any person holding any commercial fishing | |
29 | license shall move from the address named in his or her last application, that person shall, within | |
30 | ten (10) days subsequent to moving, notify the office of boat registration and licensing of his or her | |
31 | former and current address. | |
32 | 20-2.1-7. Landing permits and fees. | |
33 | Landing permits shall be issued as provided for in chapter 4 of this title. In addition, a non- | |
34 | resident must obtain a landing permit, for a fee of two hundred dollars ($200), to off-load or land | |
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1 | species harvested outside Rhode Island waters. The landing permit shall be valid for the calendar | |
2 | year in which it was issued. The department shall adopt any rules and procedures that may be | |
3 | necessary for the timely issuance of landing permits in order to facilitate the off-loading and sale | |
4 | of non-quota species harvested outside state waters. | |
5 | (a) All residents or non-residents, with the exception of persons or vessels with qualifying | |
6 | Rhode Island fishing licenses, who have charge of a vessel carrying seafood products legally | |
7 | harvested outside Rhode Island waters shall obtain a permit to land, sell or offer for sale seafood | |
8 | products in Rhode Island. The permit shall be issued by the department upon proof that the | |
9 | applicant holds a valid state or federal commercial fishing license. | |
10 | (1) Resident landing permit: for the landing, sale or offering for sale of marine species | |
11 | (including process product), caught by any means: the fee shall be three hundred dollars ($300). | |
12 | (2) Non-resident landing permit: for the landing, sale or offering for sale of marine species | |
13 | (including process product), caught by any means, excluding restricted species as defined by rule. | |
14 | The fee shall be six hundred dollars ($600). | |
15 | (3) Non-resident exempted landing permits. | |
16 | (i) A new landing permit shall not be issued to any non-resident to off-load, land, offer for | |
17 | sale, or sell any restricted marine species, the definition of which shall be established by the | |
18 | department by rule and shall take into account species for which a quota has been allocated to the | |
19 | state of Rhode Island by the Atlantic States Marine Fisheries Council or the National Marine | |
20 | Fisheries service, unless: | |
21 | (A) the landing shall be counted against the quota of the state where the vessel making the | |
22 | landing is registered or documented; or | |
23 | (B) the state where the vessel making the landing is registered or documented issues new | |
24 | landing permits to Rhode Island residents to land against that state's quota for the same species. For | |
25 | purposes of this section, the renewal of any non-resident landing permit shall be considered a new | |
26 | non-resident landing permit unless the applicant can show, to the satisfaction of the director, | |
27 | historic participation in the fishery and landings of the species; and any change or upgrade of a | |
28 | vessel twenty percent (20%) or greater in length, displacement, or horsepower above the named | |
29 | vessel shall be considered a new landing permit. Issuance of a landing permit shall not be deemed | |
30 | to create a property right that can be sold, transferred, or encumbered; landing permits shall be | |
31 | surrendered to the state upon their non-renewal or forfeiture, and the acquisition of a named vessel | |
32 | by a non-resident who does not already have a landing permit shall not entitle the non-resident to | |
33 | a landing permit unless a new landing permit can be issued as allowed in this section. | |
34 | (4) Fee: The fee shall be six hundred dollars ($600). | |
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1 | (b) Landing permits shall be valid for the calendar year in which they are issued. | |
2 | (c) The department shall adopt any rules and procedures that may be necessary for the | |
3 | timely issuance of these permits in order to facilitate the off-loading and sale of seafood products, | |
4 | except restricted finfish, harvested outside Rhode Island waters. | |
5 | (d) Notwithstanding the provisions of this section, a commercial vessel with seafood | |
6 | products on board may, without a landing permit, enter Rhode Island waters and be secured to a | |
7 | shoreside facility for purposes other than landing, selling, or offering for sale the seafood products | |
8 | on board if the person having charge of the vessel obtains permission from the department's division | |
9 | of law enforcement prior to securing the vessel to the shoreside facility. | |
10 | 20-2.1-8. Dealers' licenses and fees. | |
11 | In accordance with §§ 20-4-1.1, 20-6-24, and 20-7-5.1, the following dealers' licenses shall | |
12 | be issued by the department: | |
13 | (a) No person, partnership, firm, association, or corporation shall barter or trade in marine | |
14 | species taken by persons licensed under this chapter unless a license so to do has been obtained | |
15 | from the director of environmental management. | |
16 | (b) Any licensee operating under the provisions of this section shall purchase marine | |
17 | species from licensed persons only and shall purchase or possess only those lobsters legally taken | |
18 | or possessed. | |
19 | (c) The director shall issue and enforce rules and regulations and orders governing bartering | |
20 | and trading in marine species by licensed persons of marine species and licensed dealers, and other | |
21 | persons, partnerships, firms, associations, or corporations. | |
22 | (d) License types and fees: | |
23 | (1) Multi-purpose Rhode Island dealer's license. This license shall allow the holder dealer | |
24 | to deal purchase or sell all marine products in the state of Rhode Island. The license shall be valid | |
25 | for the calendar year in which it is issued. The cost of the license fee shall be three hundred four | |
26 | hundred and fifty dollars ($300 450). | |
27 | (2) Finfish dealer's license. This license shall allow the holder dealer to deal purchase or | |
28 | sell all finfish products in the state of Rhode Island. The license shall be valid for the calendar year | |
29 | in which it is issued. The cost of the license fee shall be two hundred three hundred dollars ($200 | |
30 | 300). | |
31 | (3) Shellfish dealer's license. This license shall allow the holder dealer to deal purchase or | |
32 | sell all shellfish products in the state of Rhode Island. The license shall be valid for the calendar | |
33 | year in which it is issued. The cost of the license fee shall be two hundred three hundred dollars | |
34 | ($200 300). | |
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1 | (4) Crustacean dealer license. This license shall allow the dealer to purchase all crustacean | |
2 | products in the state of Rhode Island. The license shall be valid for the calendar year in which it is | |
3 | issued. The fee shall be three hundred dollars ($300). | |
4 | (e) Seafood dealers license – suspension or revocation. The director may suspend, revoke, | |
5 | or deny the license of a seafood dealer or fisher of marine species for the violation of any provision | |
6 | of this title or the rules, regulations, or orders adopted or issued pursuant to this title. | |
7 | (f) Any person aggrieved by the decisions of the director may appeal the decision pursuant | |
8 | to the provisions of the Administrative Procedures Act, chapter 35 of title 42. | |
9 | (g) The director is authorized to enter and inspect the business premises, appurtenant | |
10 | structures, vehicles, or vessels of any seafood dealer and to inspect the records maintained by a | |
11 | seafood dealer for the purpose of determining compliance with the provisions of this section and | |
12 | any rules, regulations, or orders issued under this section, and no person shall interfere with, | |
13 | obstruct the entrance, or inspection of the director or the director's agents of those business | |
14 | premises, appurtenant structures, vehicles or vessels. | |
15 | (h) Any violation of the provisions of this section or any rule, regulation, or order adopted | |
16 | under this section shall be subject to penalties prescribed in § 20-1-16. | |
17 | SECTION 5. Sections 20-2.1-5 and 20-2.1-6 of the General Laws in Chapter 20-2.1 entitled | |
18 | "Commercial Fishing Licenses" are hereby amended to read as follows: | |
19 | 20-2.1-5. Resident licenses, endorsements and fees. | |
20 | The director shall establish, as a minimum, the following types of licenses and | |
21 | endorsements set forth in this section. In addition, the director may establish any other classes and | |
22 | types of licenses and endorsements, consistent with the provisions of this chapter and with adopted | |
23 | management plans that may be necessary to accomplish the purposes of this chapter: | |
24 | (1) Types of licenses. | |
25 | (i) Standard resident Ccommercial fishing license. Rhode Island residents shall be eligible | |
26 | to obtain a standard resident commercial fishing license; the license shall allow the holder to engage | |
27 | in commercial fishing in fisheries sectors, per dictated by the fishery endorsement(s) associated | |
28 | with the license at basic harvest and gear levels. Fishery endorsements shall be established by the | |
29 | department consistent with fishery management plans developed pursuant to this chapter. The | |
30 | annual fee for a commercial fishing license shall be fifty dollars ($50.00) and twenty-five dollars | |
31 | ($25.00) for each endorsement at the basic harvest and gear levels. | |
32 | (ii) Principal effort license. Duly licensed persons, in a fishery as of December 31 of the | |
33 | immediately preceding year, shall be eligible to obtain a principal effort license for the fishery | |
34 | sector for which they were licensed on December 31 of the immediately preceding year, which | |
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1 | principal effort license shall allow its holder to fish in a fishery sector at the full harvest and gear | |
2 | levels. Principal effort license holders, in addition to the fishery sector of their principal effort, shall | |
3 | be eligible to obtain endorsements for the other fishery sectors at the full harvest and gear levels, if | |
4 | and when those endorsements are made available; the annual fee for each other fishery sector | |
5 | endorsement shall be seventy-five dollars ($75). Principal effort license holders shall also be | |
6 | eligible to obtain a commercial fishing license with endorsements, except for fisheries in which the | |
7 | license holder can fish at the full harvest and gear levels. | |
8 | (iii) Multi-purpose license. All multi-purpose license holders as of December 31 of the | |
9 | immediately preceding year shall be eligible to obtain a multi-purpose license that shall allow the | |
10 | holder to engage in commercial fishing in all fisheries sectors at the full harvest and gear levels. At | |
11 | the time of application for a multi-purpose license and each annual renewal of it, the applicant shall | |
12 | make a non-binding declaration of which fishing sectors the applicant intends to place significant | |
13 | fishing effort during the period covered by the license. The annual fee for multi-purpose license | |
14 | shall be three hundred dollars ($300). | |
15 | (Aiii) Student shellfish license. A resident twenty-three (23) years or younger shall pay | |
16 | fifty dollars ($50.00) for a student commercial license to take shellfish upon provision of proof of | |
17 | full-time student status. An individual qualified to obtain a license must submit an application to | |
18 | the department of environmental management no later than June 30; a license application shall be | |
19 | deemed valid if submitted to the department prior to the close of regular office hours on June 30 or | |
20 | if postmarked by June 30. | |
21 | (Biv) Over sixty-five (65) shellfish license. A resident sixty-five (65) years of age and over | |
22 | shall be eligible for a shellfish license to shellfish commercially and there shall be no fee for this | |
23 | license. | |
24 | (v) Multipurpose vessel license. Any multipurpose license holder shall be eligible to obtain | |
25 | a multipurpose vessel license that shall allow the vessel owner to designate any operator to engage | |
26 | in commercial fishing for all marine species aboard their owned vessel, provided the vessel owner | |
27 | has consigned a multipurpose fishing license to the department. The department may then re-issue | |
28 | the consigned multipurpose fishing license to the commercially declared fishing vessel as a | |
29 | multipurpose vessel license. The director has the authority to limit the number of multipurpose | |
30 | vessel licenses issued annually by rule. The fee for a multipurpose vessel license shall be one | |
31 | thousand dollars ($1,000). | |
32 | (2) Fees. | |
33 | (i) Standard resident commercial fishing license. | |
34 | (A) Standard resident commercial fishing license plus one limited fishery endorsement: | |
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1 | The fee shall be one hundred fifty dollars ($150). | |
2 | (B) Standard resident commercial fishing license plus two limited fishery endorsement: | |
3 | The fee shall be two hundred dollars ($200). | |
4 | (C) Standard resident commercial fishing license plus three limited fishery endorsement: | |
5 | The fee shall be two hundred fifty dollars ($250). | |
6 | (D) Standard resident commercial fishing license plus one unlimited fishery endorsement: | |
7 | The fee shall be three hundred dollars ($300). | |
8 | (E) Standard resident commercial fishing license plus one unlimited fishery endorsement | |
9 | and one limited fishery endorsement: The fee shall be three hundred fifty dollars ($350). | |
10 | (F) Standard resident commercial fishing license plus two unlimited fishery endorsement: | |
11 | The fee shall be three hundred seventy-five dollars ($375). | |
12 | (G) Standard resident commercial fishing license plus one unlimited fishery endorsement | |
13 | and two limited fishery endorsement: The fee shall be four hundred dollars ($400). | |
14 | (H) Standard resident commercial fishing license plus two unlimited fishery endorsement | |
15 | and one limited fishery endorsement: The fee shall be four hundred twenty-five dollars ($425). | |
16 | (ii) Multipurpose license: The fee shall be four hundred fifty dollars ($450). | |
17 | (iv) Special licenses. | |
18 | (2 3) Vessel declaration and fees; gear endorsement and fees. | |
19 | (i) Vessel declaration and fee. (A) The department shall require the owner and/or the | |
20 | operator of a commercial fishing vessel to declare the vessel on the owner/operator's commercial | |
21 | fishing license. The declaration shall be made at the time of initial license issuance and each | |
22 | renewal, or prior to the vessel being used for commercial fishing by the owner and/or operator if | |
23 | the first usage of the vessel for commercial fishing occurs during the course of a year after the | |
24 | license has been issued or renewed. If the declaration is for a vessel of less than twenty-five feet | |
25 | (25') in length, the declaration shall be transferable to another vessel less than twenty-five feet (25') | |
26 | in length, provided the vessel is identified as commercial fishing vessel while it is being used for | |
27 | commercial fishing by displaying a plate as provided in § 20-2.1-4. | |
28 | (B) The annual fee for each vessel declaration shall be twenty-five dollars ($25.00) for the | |
29 | first twenty-five feet (25') or under, plus fifty cents ($0.50) per foot for each whole foot over twenty- | |
30 | five feet (25'); this declaration fee shall entitle the holder to a decal. The holder of a valid decal for | |
31 | twenty-five feet (25') in length or under may obtain a plate from the department for display on a | |
32 | vessel twenty-five feet (25') in length that is being used temporarily for commercial fishing; the | |
33 | annual fee for a plate shall be fifteen dollars ($15.00). | |
34 | (ii 4) Gear endorsements and fees. | |
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1 | (A) Shellfish dredging endorsement. A resident of this state who holds a multipurpose | |
2 | license and/or an appropriate shellfish license is also eligible to apply for a shellfish dredging | |
3 | endorsement to take quahogs, mussels, and surf clams by dredges hauled by powerboat. The annual | |
4 | fee shall be twenty dollars ($20.00). | |
5 | (B) Fish trap endorsements. A person who holds a multi-purpose license and/or a principal- | |
6 | effort license for finfish is also eligible to apply for a fish trap endorsement in accordance with the | |
7 | permitting provisions in chapter 5 of this title. The fee shall be twenty dollars ($20.00) per trap | |
8 | location for a three-year (3) period. Applicants who possessed a valid fish trap endorsement as of | |
9 | the immediately preceding year may obtain a fish trap endorsement for the immediately following | |
10 | year, subject to the same terms and conditions in effect as the immediately preceding year. New | |
11 | fish trap endorsement opportunities shall be established by the department by rule, pursuant to | |
12 | applicable management plans and the provisions in chapter 5 of this title. | |
13 | (C i) Gill net endorsements. A person who holds a multipurpose license, or a vessel with a | |
14 | multipurpose vessel license, and/or a principal effort license for finfish is also eligible to apply for | |
15 | a commercial gill net endorsement in accordance with the provisions of this section. The annual | |
16 | fee for a commercial gill net endorsement is shall be twenty dollars ($20.00). Applicants who | |
17 | possessed a gill net endorsement as of the immediately preceding year may obtain a gill net | |
18 | endorsement for the immediately following year. New gill net endorsement opportunities shall be | |
19 | established by the department by rule, pursuant to applicable management plans. | |
20 | (D ii) Miscellaneous gear Other endorsements. The department may establish by rule any | |
21 | specific gear endorsements that may be necessary or appropriate to effectuate the purposes of this | |
22 | chapter and facilitate participation in a specific fishery with a specific type of gear; the fee for such | |
23 | a gear endorsement shall not be greater than two hundred dollars ($200), but may be a lesser | |
24 | amount. This endorsement shall be issued only in a manner consistent with the general requirements | |
25 | of this chapter, including specifically those governing residency. | |
26 | (3 5) New licenses. | |
27 | (i) Eligibility. For new principal-effort standard resident commercial fishing and multi- | |
28 | purpose licenses, priority shall be given to applicants who have held a lower level of commercial | |
29 | fishing license for two (2) years or more, applicants with military service, and applicants who have | |
30 | completed a department authorized commercial fishing training program, with preference to family | |
31 | members and crew members of a license holder who is retiring his or her license. | |
32 | (ii) Priority or preference applicants. A new license shall be granted to priority/preference | |
33 | applicants who have acquired vessel and/or gear from a license holder who has retired a license, | |
34 | provided, that as the result of any such transaction, for each license retired, not more than one new | |
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1 | license may be granted, nor may the nominal effort, including the total number of licenses, in a | |
2 | fishery subject to effort controls or catch restrictions be increased. | |
3 | (iii) Availability of new or additional licenses. New principal-effort standard resident | |
4 | commercial fishing and multipurpose licenses that increase the total number of licenses in the | |
5 | fishery may be made available by rule consistent with management plan for issuance effective | |
6 | January 1, in any year, based on status of resource and economic condition of fishery. Priority for | |
7 | new licenses shall be given to Rhode Island residents. | |
8 | (4 6) Retirement of licenses. Issuance of a commercial fishing license shall not be deemed | |
9 | to create a property right such that the license can be sold or transferred by the license holder; | |
10 | fishing licenses shall be surrendered to the state upon their non-renewal, forfeiture, or revocation. | |
11 | (57) Transfer for Issuance of temporary operator permits in cases of medical | |
12 | hardship. Notwithstanding the provisions of § 20-2.1-4(c), a license may be transferred to a family | |
13 | member upon the incapacity or death of the license holder who has actively participated in | |
14 | commercial fishing. The transfer shall be effective upon its registration with the department. A | |
15 | family member shall be defined as the spouse, mother, father, brother, sister, child, or grandchild | |
16 | of the transferor. The department shall make available, as necessary, temporary operator permits to | |
17 | provide solely for the continued operation of a fishing vessel upon the illness, incapacity, or death | |
18 | determination of medical hardship of a license holder who has actively participated in commercial | |
19 | fishing fished. , which Temporary operator permits shall be subject at a minimum to the conditions | |
20 | and restrictions that applied to the license holder. | |
21 | (8) Issuance of new Licenses to family members in cases of medical incapacity: Upon | |
22 | determination of medical incapacity, an actively fished license may be surrendered to the | |
23 | Department for the purpose of the concurrent issuance of a new license to a resident family member. | |
24 | (9) Issuance of new licenses upon the sale of a commercial fishing business: Upon the sale | |
25 | of a commercial fishing business, as defined by rule, a new license may be issued to the buyer upon | |
26 | the surrender of the seller’s license to the department for the purpose of the concurrent issuance of | |
27 | a new license. | |
28 | (610) Transfer of vessels and gear. Vessels and gear may be sold, transferred, or disposed | |
29 | at the sole discretion of the owner; provided, however, that the subsequent level of use of the gear | |
30 | may be restricted in Rhode Island waters in order to accomplish the purposes of a duly adopted | |
31 | management plan or other duly adopted program to reduce effort. | |
32 | 20-2.1-6. Non-resident licenses, endorsements and fees. | |
33 | Subject to the rules of the department, non-residents may apply for the following | |
34 | commercial fishing licenses: | |
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1 | (1) Standard Nnon-resident principal effort commercial fishing license. | |
2 | (i) Non-residents age eighteen (18) and over shall be eligible to obtain a standard non- | |
3 | resident commercial fishing license and, in accordance with applicable qualifying criteria, available | |
4 | fishery sector endorsements, provided that the state of residence of the person affords the same | |
5 | privilege in a manner that is not more restrictive to Rhode Island residents. A standard non-resident | |
6 | principal effort commercial fishing license shall allow the license holder to harvest, land, and sell | |
7 | in a lawful manner any marine species of finfish, per as dictated by the fishery endorsement(s), at | |
8 | principal harvest and gear levels and as allowed in a management plan adopted by the department | |
9 | associated with the license. Fishery endorsements shall be established by the department consistent | |
10 | with fishery management plans developed pursuant to this chapter. | |
11 | (ii) Duly Rhode Island-licensed non-residents in a commercial fishery as of December 31 | |
12 | of the immediately preceding year shall be eligible to obtain a standard non-resident principal effort | |
13 | commercial fishing license with a single sector endorsement applicable to the fishery sectors for | |
14 | which they were licensed as of December 31 of the immediately preceding year; provided: | |
15 | (A) that the state of residence of the person affords the same privilege in a manner that is | |
16 | not more restrictive to Rhode Island residents; | |
17 | (B) that those persons apply for the standard non-resident principal effort commercial | |
18 | fishing license in accordance with § 20-2.1-4(g); and | |
19 | (C) that those persons shall also be subject to any other restrictions that were applicable to | |
20 | the license as of December 31 of the immediately preceding year, which other restrictions may be | |
21 | altered or changed consistent with a fishery management plans adopted by the department | |
22 | developed pursuant to this chapter. | |
23 | (iii) Persons not duly licensed as of December 31 of the immediately preceding year shall | |
24 | be eligible to obtain a standard non-resident principal effort commercial fishing license, per | |
25 | endorsement, when available, consistent with fishery management plans developed pursuant to this | |
26 | chapter, in accordance with applicable qualifying criteria and as allowed in a management plan | |
27 | adopted by the department, provided that the state of residence of the person affords the same | |
28 | privilege in a manner that is not more restrictive to Rhode Island residents. | |
29 | (iv) The annual fee for a standard non-resident principal effort license shall be four hundred | |
30 | dollars ($400), plus one hundred dollars ($100) per endorsement. | |
31 | (2) Non-resident commercial fishing license. (i) A non-resident commercial fishing license | |
32 | shall allow the holder to harvest, land, and sell in a lawful manner any species of finfish, per | |
33 | endorsement(s), at basic harvest and gear levels and as allowed in a management plan adopted by | |
34 | the department. | |
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1 | (ii) Non-residents age eighteen (18) and over shall be eligible to obtain a non-resident | |
2 | commercial fishing license and, in accordance with applicable qualifying criteria, available fishery | |
3 | sector endorsements, provided that the state of residence of the person affords the same privilege | |
4 | in a manner that is not more restrictive to Rhode Island residents. | |
5 | (iii) Holders of non-resident principal effort licenses shall not be eligible to obtain non- | |
6 | resident commercial fishing licenses with the same fishery sector endorsements. | |
7 | (iv) Duly Rhode Island licensed non-residents in a commercial fishery as of December 31 | |
8 | of the immediately preceding year shall be eligible to obtain a non-resident commercial fishing | |
9 | license in their endorsed fishery sector as of December 31 of the immediately preceding year | |
10 | provided: | |
11 | (A) That the state of residence of the person affords the same privilege in a manner that is | |
12 | not more restrictive to Rhode Island residents; | |
13 | (B) That those persons apply for the non-resident commercial fishing license in accordance | |
14 | with § 20-2.1-4(g); and | |
15 | (C) That those persons shall also be subject to any other restrictions that were applicable | |
16 | to the license as of December 31 of the immediately preceding year which other restrictions may | |
17 | be altered or changed consistent with a management plan adopted by the department. | |
18 | (v) The annual fee for a non-resident commercial fishing license shall be one hundred fifty | |
19 | dollars ($150), plus fifty dollars ($50.00) per endorsement. | |
20 | (2) Fees. | |
21 | (i) Standard non-resident commercial fishing license. | |
22 | (A) Standard non-resident commercial fishing license plus one limited fishery | |
23 | endorsement: The fee shall be three hundred fifty dollars ($350). | |
24 | (B) Standard non-resident commercial fishing license plus one unlimited fishery | |
25 | endorsement: The fee shall be seven hundred dollars ($700). | |
26 | (C) Standard non-resident commercial fishing license plus two limited fishery | |
27 | endorsements: The fee shall be seven hundred dollars ($700). | |
28 | (D) Standard non-resident commercial fishing license plus three limited fishery | |
29 | endorsements: The fee shall be one thousand fifty dollars ($1,050). | |
30 | (E) Standard non-resident commercial fishing license plus one unlimited fishery | |
31 | endorsement and one limited fishery endorsement: The fee shall be one thousand fifty dollars | |
32 | ($1,050). | |
33 | (F) Standard non-resident commercial fishing license plus one unlimited fishery | |
34 | endorsement and two limited fishery endorsements: The fee shall be one thousand four hundred | |
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1 | dollars ($1,400). | |
2 | (G) Standard non-resident commercial fishing license plus two unlimited fishery | |
3 | endorsements: The fee shall be one thousand four hundred dollars ($1,400). | |
4 | (H) Standard non-resident commercial fishing license plus two unlimited and one limited | |
5 | fishery endorsement: The fee shall be one thousand seven hundred fifty dollars ($1,750). | |
6 | (3) Vessel declaration and fees. The department shall require a non-resident owner and/or | |
7 | operator of a commercial fishing vessel to make a declaration for that vessel; which shall be made | |
8 | at the time of initial license issuance and each renewal, or prior to the vessel's being used for | |
9 | commercial fishing in Rhode Island waters by the non-resident owner and/or operator if the first | |
10 | usage of the vessel for commercial fishing occurs during the course of a year after the license has | |
11 | been issued or renewed, for a cost of fifty dollars ($50.00), plus one dollar and fifty cents ($1.50) | |
12 | for each whole foot over twenty-five feet (25') in length overall. | |
13 | (4) New licenses. Any resident of a state that accords to Rhode Island residents commercial | |
14 | fishing privileges that include an ability to obtain a new license to fish for finfish species that are | |
15 | subject to restrictions and/or quotas, may on species specific reciprocal basis be eligible to obtain | |
16 | commercial fishing licenses and principal effort standard non-resident commercial fishing licenses | |
17 | by endorsement as provided in this section, subject to availability and with the priority established | |
18 | in § 20-2.1-5(3)(iii). | |
19 | SECTION 6. Sections 20-4-1.1, 20-4-1.2 and 20-4-1.3 of the General Laws in Chapter 20- | |
20 | 4 entitled "Commercial Fisheries" are hereby repealed. | |
21 | 20-4-1.1. Finfish dealers license – License for finfish buyers – Suspension or | |
22 | revocation. | |
23 | (a) No person, partnership, firm, association, or corporation shall barter or trade in finfish | |
24 | taken by persons licensed under this chapter unless a license so to do has been obtained from the | |
25 | director of environmental management. | |
26 | (b) Any licensee operating under the provisions of this section shall purchase finfish from | |
27 | licensed persons only and shall purchase or possess only those finfish legally taken or possessed. | |
28 | (c) The director shall issue and enforce rules and regulations and orders governing bartering | |
29 | and trading in finfish by licensed fishers of finfish and licensed finfish buyers and other persons, | |
30 | partnerships, firms, associations, or corporations. | |
31 | (d) The director may suspend, revoke, or deny the license of a finfish buyer or fisher of | |
32 | finfish for the violation of any provision of this title or the rules, regulations, or orders adopted or | |
33 | issued pursuant to this title. | |
34 | (e) Any person aggrieved by the decisions of the director may appeal the decision pursuant | |
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1 | to the provisions of the Administrative Procedures Act, chapter 35 of title 42. | |
2 | (f) The director of the department of environmental management and the director's agents | |
3 | are authorized to enter and inspect the business premises, appurtenant structures, vehicles, or | |
4 | vessels of any finfish buyer and to inspect the records maintained by a finfish buyer for the purpose | |
5 | of determining compliance with the provisions of this section and any rules, regulations, or orders | |
6 | issued under this section, and no person shall interfere with, obstruct the entrance, or inspection of | |
7 | the director or the director's agents of those business premises, appurtenant structures, vehicles or | |
8 | vessels. | |
9 | (g) Any violation of the provisions of this section or any rule, regulation, or order adopted | |
10 | under this section shall be subject to penalties prescribed in § 20-1-16. | |
11 | 20-4-1.2. Resident or non-resident commercial landing permit. | |
12 | (a) Each resident or non-resident who has charge of a vessel carrying seafood products | |
13 | legally harvested outside Rhode Island waters shall obtain a permit to land, sell or offer for sale | |
14 | seafood products in Rhode Island. The permit shall be issued by the department upon proof that the | |
15 | applicant holds a valid state or federal commercial fishing license and upon payment of the | |
16 | following fees: | |
17 | (1) Resident or non-resident finfish landing permit: for the landing sale or offering for sale | |
18 | of non-restricted finfish, the definition of which shall be established by the department by rule, | |
19 | caught by any means, two hundred dollars ($200) for residents of the state; four hundred dollars | |
20 | ($400) for non-residents of the state. | |
21 | (2) Resident or non-resident shellfish landing permit: (includes process product), two | |
22 | hundred dollars ($200) for residents of the state; four hundred dollars ($400) for non-residents of | |
23 | the state. This permit allows the holder to land shellfish (surf clams, blue mussels, ocean quahaugs, | |
24 | sea scallops) legally harvested in federal water. | |
25 | (3) Resident or non-resident miscellaneous landing permit: includes all other seafood | |
26 | products not specified under any other provision of this chapter, two hundred dollars ($200) for | |
27 | residents of the state; four hundred dollars ($400) for non-residents of the state. | |
28 | (4) Multi-purpose resident or non-resident landing permit: This permit allows a resident or | |
29 | non-resident to land and sell all marine products in the state of Rhode Island, except restricted | |
30 | finfish, the definition of which shall be established by the department by rule, three hundred dollars | |
31 | ($300) for residents of the state; six hundred dollars ($600) for non-residents of the state. | |
32 | (b) Landing permits shall be valid for the calendar year in which they are issued. | |
33 | (c) The department shall adopt any rules and procedures that may be necessary for the | |
34 | timely issuance of these permits in order to facilitate the off-loading and sale of seafood products, | |
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1 | except restricted finfish, harvested outside Rhode Island waters. | |
2 | (d) Notwithstanding the provisions of this section, a commercial vessel with seafood | |
3 | products on board may, without a landing permit, enter Rhode Island waters and be secured to a | |
4 | shoreside facility for purposes other than landing, selling, or offering for sale the seafood products | |
5 | on board if the person having charge of the vessel obtains permission from the department's division | |
6 | of law enforcement prior to securing the vessel to the shoreside facility | |
7 | 20-4-1.3. Non-resident landing permits. | |
8 | A new landing permit shall not be issued to any non-resident to off-load, land, offer for | |
9 | sale, or sell any restricted marine species, the definition of which shall be established by the | |
10 | department by rule and shall take into account species for which a quota has been allocated to the | |
11 | state of Rhode Island by the Atlantic States Marine Fisheries Council or the National Marine | |
12 | Fisheries service, unless: (1) the landing shall be counted against the quota of the state where the | |
13 | vessel making the landing is registered or documented; or (2) the state where the vessel making the | |
14 | landing is registered or documented issues new landing permits to Rhode Island residents to land | |
15 | against that state's quota for the same species. For purposes of this section, the renewal of any non- | |
16 | resident landing permit shall be considered a new non-resident landing permit unless the applicant | |
17 | can show, to the satisfaction of the director, historic participation in the fishery and landings of the | |
18 | species; and any change or upgrade of a vessel twenty percent (20%) or greater in length, | |
19 | displacement, or horsepower above the named vessel shall be considered a new landing permit. | |
20 | Issuance of a landing permit shall not be deemed to create a property right that can be sold, | |
21 | transferred, or encumbered; landing permits shall be surrendered to the state upon their non-renewal | |
22 | or forfeiture, and the acquisition of a named vessel by a non-resident who does not already have a | |
23 | landing permit shall not entitle the non-resident to a landing permit unless a new landing permit | |
24 | can be issued as allowed in this section | |
25 | SECTION 7. Section 20-6-24 of the General Laws in Chapter 20-6 entitled "Shellfish" is | |
26 | hereby repealed. | |
27 | 20-6-24. License for shellfish buyers – Suspension or revocation. | |
28 | (a) No person, partnership, firm, association, or corporation shall barter or trade in shellfish | |
29 | taken by persons licensed under this chapter unless a license so to do has been obtained from the | |
30 | director of environmental management. | |
31 | (b) Any licensee operating under the provisions of this section shall purchase shellfish from | |
32 | licensed persons only and shall purchase or possess only those shellfish legally taken or possessed. | |
33 | (c) The director shall issue and enforce rules and regulations and orders governing bartering | |
34 | and trading in shellfish by licensed fishers of shellfish, licensed shellfish buyers and other persons, | |
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1 | partnerships, firms, associations, or corporations. | |
2 | (d) The director may suspend, revoke, or deny the license of a shellfish buyer or fisher of | |
3 | shellfish for the violation of any provision of this title or the rules, regulations, or orders adopted | |
4 | or issued pursuant to this title. | |
5 | (e) Any person aggrieved by the decision of the director may appeal the decision pursuant | |
6 | to the provisions of the Administrative Procedures Act, chapter 35 of title 42. | |
7 | (f) The director of the department of environmental management and the director's agents | |
8 | are authorized to enter and inspect the business premises, appurtenant structures, vehicles, or | |
9 | vessels of any shellfish buyer and to inspect records maintained by a shellfish buyer for the purpose | |
10 | of determining compliance with the provisions of this section and any rules, regulations, or orders | |
11 | issued under this section, and no person shall interfere with or obstruct the entrance or inspection | |
12 | of the director or the director's agents of those business premises, appurtenant structures, vehicles, | |
13 | or vessels. | |
14 | (g) Any violation of the provisions of this section or any rule, regulation, or order adopted | |
15 | under this section shall be subject to the penalties prescribed in § 20-1-16. | |
16 | SECTION 8. Section 20-7-5.1 of the General Laws in Chapter 20-7 entitled "Lobsters and | |
17 | Other Crustaceans" is hereby repealed. | |
18 | 20-7-5.1 Lobster dealer's license. | |
19 | (a) No person, partnership, firm, association, or corporation shall barter or trade in lobsters | |
20 | taken by persons licensed under this chapter unless a license so to do has been obtained from the | |
21 | director of environmental management. | |
22 | (b) Any licensee operating under the provisions of this section shall purchase lobsters from | |
23 | licensed persons only and shall purchase or possess only those lobsters legally taken or possessed. | |
24 | (c) The director shall issue and enforce rules and regulations and orders governing bartering | |
25 | and trading in lobsters by licensed fishers of lobster and licensed lobster buyers and other persons, | |
26 | partnerships, firms, associations, or corporations. | |
27 | (d) The director may suspend, revoke, or deny the license of a lobster buyer or fisher of | |
28 | lobster for the violation of any provision of this title or the rules, regulations, or orders adopted or | |
29 | issued pursuant to this title. | |
30 | (e) Any person aggrieved by the decision of the director may appeal the decision pursuant | |
31 | to the provision of the Administrative Procedures Act, chapter 35 of title 42. | |
32 | (f) The director of the department of environmental management and the director's agents | |
33 | are authorized to enter and inspect the business premises, appurtenant structures, vehicles or vessels | |
34 | of any lobster buyer and to inspect records maintained by a lobster buyer for the purposes of | |
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1 | determining compliance with the provisions of this section and any rules, regulations, or orders | |
2 | issued under this section, and no person shall interfere with or obstruct the entrance or inspection | |
3 | of the director or the director's her agents of those business premises, appurtenant structures, | |
4 | vehicles or vessels. | |
5 | (g) Any violation of the provisions of this section or any rule, regulation or order adopted | |
6 | hereunder shall be subject to the penalties prescribed in § 20-1-16. | |
7 | SECTION 9. Section 21-14-12 of the General Laws in Chapter 21-14 entitled "Shellfish | |
8 | Packing Houses" is hereby amended to read as follows: | |
9 | 21-14-12. Inspection of business premises – Dockside Program Established. | |
10 | (a) The director shall make regular inspections of the business premises of licensees and | |
11 | no person shall interfere with or obstruct the entrance of the director to any packing house or | |
12 | structural appurtenance to it, vessel, or vehicle for the purpose of making inspection as to sanitary | |
13 | conditions during reasonable business hours, and no person shall obstruct the conduct of this | |
14 | inspection; provided, that inspections as to sanitary conditions shall be made only by the director | |
15 | or employees of the department of health. These employees of the department of health shall not | |
16 | be construed to include agents whom the director may appoint in other departments for the purpose | |
17 | of enforcing other provisions of this chapter; and provided, that nothing in this section shall be | |
18 | construed as having granted to the director or any duly authorized official of the department the | |
19 | right of search and seizure without a warrant. | |
20 | (b) The director shall be authorized to establish a dockside program, including the | |
21 | promulgation of any rules and regulations deemed necessary or advisable in connection therewith, | |
22 | pursuant to the relevant provisions of the National Shellfish Sanitation Program (NSSP) Model | |
23 | Ordinance. Promulgating such rules and regulations pursuant to the NSSP Model Ordinance shall | |
24 | assure that the marine shellfish processers, licensed by the department to land and process surf | |
25 | clams and/or other marine shellfish species acquired in federal waters, are doing so in sanitary | |
26 | fashion that comports with national standards. Such rules and regulations shall also be consistent | |
27 | with the landing permit requirements of the department of environmental management in section | |
28 | 20-2.1-7. The dockside program shall not apply to aquaculture processers. | |
29 | (c) The licensing fees from the dockside program shall be deposited into the general fund. | |
30 | However, the amount of the revenues collected for the dockside program shall be appropriated to | |
31 | the department of health for its administration of this program. The director shall have the authority | |
32 | to establish the licensing fees and limit the number of licenses issued, at his or her sole discretion. | |
33 | SECTION 10. Section 23-25-6.1 of the General Laws in Chapter 23-25 entitled "Pesticide | |
34 | Control” is hereby amended to read as follows: | |
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1 | 23-25-6.1. Registration fee - Surcharge. | |
2 | In addition to the annual registration fee of fifty dollars ($50.00) as required by § 23-25-6, | |
3 | an additional one hundred fifty dollar ($150) two hundred fifty dollars ($250) registration surcharge | |
4 | fee shall be imposed upon each pesticide to be sold or used within the state, unless the director has | |
5 | determined the subject product is a "statewide minor use" product pursuant to § 23-25-6(b)(3). The | |
6 | registration surcharge fee shall be deposited as general revenues. | |
7 | SECTION 11. Sections 1, 2, and 10 of this article shall take effect on July 1, 2021. Section | |
8 | 5 of this article shall take effect on July 1, 2022. The remainder of this article shall take effect upon | |
9 | passage. | |
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