Chapter 430

2004 -- S 3146 AS AMENDED

Enacted 07/03/04

A N A C T

RELATING TO FISH AND WILDLIFE -- SHELLFISH AND AQUACULTURE

Introduced By: Senator Walter S. Felag

Date Introduced: May 27, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Section 20-6-11 of the General Laws in Chapter 20-6 entitled "Shellfish" is

hereby amended to read as follows:

20-6-11. Minimum size of shellfish -- Penalty. – (a) No person shall take and/or possess

any quahogs less than one inch (1") shell thickness (hinge width). In addition, no person shall

take and/or possess soft shell clams, taken from the free and common soft shell clam fisheries, of

a diameter less than one and one half inches (1 1/2") taking the maximum shell diameter, or any

oysters, taken from the free and common oyster fisheries, measuring less than three inches (3")

measured parallel to the long axis of the oyster, unless greater minimum sizes are established by

the director, in consultation with the marine fisheries council. Any person who takes and/or

possesses shellfish of less than the minimum size, as delineated above, upon conviction, shall be

fined not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) for each and every

fifteen (15) shellfish taken. Additionally, any person who takes and/or possesses shellfish of less

than the minimum size commingled and/or otherwise stored or contained with shellfish of not less

than the minimum size, where the percentage of the less than minimum size shellfish is not less

than ten percent (10%) of the total piece count of the commingled and/or otherwise stored or

contained package, shipment, or container, shall be subject to seizure and/or forfeiture of the

entire commingled and/or otherwise stored or contained package, shipment, or container, in

accordance with the provisions of sections 20-1-8(e) and (f) and 20-1-8.1.

(b) Notwithstanding the provisions of subsection 20-6-11(a) above, the director of the

department of environmental management is authorized to promulgate regulations establishing a

special exemption permit that would exempt department of health licensed food processing

facilities from the one inch (1") minimum size restriction governing bay quahogs. The exemption

permit may only apply to frozen, packaged, cultured bay quahog products shipped into Rhode

Island for redistribution outside of the state. The regulations shall prescribe the procedures to

apply for the exemption permit and the standards to be employed by the director in his or her

consideration of the application. The regulations shall prescribe rules governing the conduct and

operation of the facility and may include restrictions on product forms, sizes, possession

requirements, and other provisions in order to maintain the protection of the quahog resource and

enforcement of the provision of this chapter.

     SECTION 2. Section 20-10-13.1 of the General Laws in Chapter 20-10 entitled

"Aquaculture" is hereby amended to read as follows:

20-10-13.1. Cultivated plants or animals -- Exemption from certain wild fishery

restrictions. -- (a) Aquaculture activities conducted in a manner consistent with permit and

license conditions and in accordance with the rules and regulations promulgated pursuant to this

chapter, and aquaculture products harvested for sale as a result of those activities, shall be exempt

from the following statutory and regulatory restrictions governing wild fisheries: seasons; bag

limits; methods of harvest; and, except for quahaugs (Mercenaria mercenaria), minimum sizes.

      (b) The possessor of aquaculture products subject to these exemptions shall have the

burden of proof that the products were legally acquired and possessed. In accordance with

applicable rules and regulations governing aquaculture products, proper tags and bills of sale shall

constitute the primary means for satisfying this burden of proof.

      (c) Aquaculturists are prohibited from harvesting for sale to a shellfish dealer for human

consumption quahaugs (Mercenaria mercenaria) with a hinge width of less than one inch (1").

(d) Notwithstanding the provisions of subsections 20-10-13.1(a) and (c) above, the

director of the department of environmental management is authorized to promulgate regulations

establishing a special exemption permit that would exempt department of health licensed food

processing facilities from the one inch (1") minimum size restriction governing bay quahogs,

pursuant to subsection 20-6-11(b).

     SECTION 3. This act shall take effect upon passage.

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LC03490

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