2023 -- H 5250

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LC000075

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO FISH AND WILDLIFE -- COMMERCIAL FISHING LICENSES

     Introduced By: Representatives McEntee, Craven, Spears, Bennett, O'Brien, Dawson,
Cortvriend, Fogarty, Caldwell, and Handy

     Date Introduced: January 27, 2023

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 20-2.1-5 of the General Laws in Chapter 20-2.1 entitled "Commercial

Fishing Licenses" is hereby amended to read as follows:

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

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

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

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

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

     (1) Types of licenses.

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

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

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

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

management plans developed pursuant to this chapter.

     (ii) Multipurpose license. All Rhode Island resident multipurpose purpose license holders

as of December 31 of the immediately preceding year shall be eligible to obtain a multipurpose

license that shall allow the holder to engage in commercial fishing in all fisheries sectors.

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

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

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

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

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

if postmarked by June 30.

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

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

license.

     (v) Multipurpose vessel license. Any multipurpose license holder, that is a resident of the

State of Rhode Island, shall be eligible to obtain a multipurpose vessel license that shall allow the

vessel owner to designate any operator to engage in commercial fishing for all marine species

aboard their owned vessel, provided the vessel owner has consigned a multipurpose fishing license

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

the commercially declared fishing vessel as a multipurpose vessel license. The director shall has

the authority to limit the number of multipurpose vessel licenses issued annually to the number of

multipurpose vessel licenses surrendered or retired in the previous calendar year by rule. The fee

for a multipurpose vessel license shall be one thousand dollars ($1,000).

     (2) Fees.

     (i) Standard resident commercial fishing license.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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     (3) Vessel declaration and fees.

     (i) The department shall require the owner and/or the operator of a commercial fishing

vessel to declare the vessel on the owner/operator’s commercial fishing license. The declaration

shall be made at the time of initial license issuance and each renewal, or prior to the vessel being

used for commercial fishing by the owner and/or operator if the first usage of the vessel for

commercial fishing occurs during the course of a year after the license has been issued or renewed.

If the declaration is for a vessel of less than twenty-five feet (25′) in length, the declaration shall be

transferable to another vessel less than twenty-five feet (25′) in length, provided the vessel is

identified as a commercial fishing vessel while it is being used for commercial fishing by displaying

a plate as provided in § 20-2.1-4.

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

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

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

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

on a vessel twenty-five feet (25′) in length that is being used temporarily for commercial fishing;

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

     (4) Gear endorsements and fees.

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

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

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

be twenty dollars ($20.00). Applicants who possessed a gill net endorsement as of the immediately

preceding year may obtain a gill net endorsement for the immediately following year. New gill net

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

management plans.

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

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

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

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

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

     (5) New licenses.

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

priority shall be given to applicants who have held a commercial fishing license for two (2) years

or more; applicants with military service; and applicants who have completed a department

authorized commercial fishing training program, with preference to family members and crew

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

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

priority/preference applicants who have acquired a vessel and/or gear from a license holder who

has retired a license, provided, that as the result of any such transaction, for each license retired,

not more than one new license may be granted, nor may the nominal effort, including the total

number of licenses, in a fishery subject to effort controls or catch restrictions be increased.

     (iii) Availability of new or additional licenses. New standard resident commercial fishing

and multipurpose licenses that increase the total number of licenses in the fishery may be made

available by rule consistent with management plan for issuance effective January 1, in any year,

based on status of resource and economic condition of fishery. Priority for new licenses shall be

given to Rhode Island residents and shall be issued to non-residents only upon finding that no

Rhode Island resident has applied for the available license.

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

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

fishing licenses shall be surrendered to the state upon their nonrenewal, forfeiture, or revocation.

The issuance of new licenses shall not be greater than the number of licenses that were surrendered

or retired in the previous calendar year.

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

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

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

holder who has actively fished. Temporary operator permits shall be subject at a minimum to the

conditions and restrictions that applied to the license holder.

     (8) Issuance of new licenses to family members in cases of medical incapacity. Upon

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

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

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

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

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

issuance of a new license.

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

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

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

management plan or other duly adopted program to reduce effort.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FISH AND WILDLIFE -- COMMERCIAL FISHING LICENSES

***

     This act would limit the issuance of commercial multipurpose commercial fishing licenses

to Rhode Island residents, unless there exists no resident applicant, and limit the number of new

licenses to be issued to that number of licenses surrendered or retired in the previous calendar year.

     This act would take effect upon passage.

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