Chapter 375
2009 -- S 0969 SUBSTITUTE A AS
AMENDED
Enacted 01/05/10
A N A C T
RELATING TO FISH
AND WILDLIFE
Introduced By: Senators Lenihan, and Sosnowski
Date Introduced: June 09, 2009
It is enacted by the
General Assembly as follows:
SECTION 1. Title 20 of the General Laws entitled "FISH
AND WILDLIFE" is hereby
amended by adding thereto the following chapter:
CHAPTER
2.2
RECREATIONAL
SALTWATER FISHING LICENSE
20-2.2-1
Findings. -- The general assembly finds and
declares:
(1) The constitution
of the state places plenary authority and responsibility in the general
assembly to provide for the conservation of the natural
resources of the state, including its marine
fisheries;
(2) The state of
regulate the harvesting and taking of marine fish for
recreational purposes;
(3) The federal
government and regional entities have established and continue to
establish regulatory programs, management measures, quotas, and
other restrictions that affect
persons engaged in marine recreational fisheries in
whole or in part in the context of federal and regional
programs, depending on the fishery;
(4) The regulatory
programs, management measures, quotas, and other restrictions
governing marine recreational fisheries are based primarily on
catch and effort statistics from
recreational fisherman, and on fishery resource assessments, which
gauge the biological status of
fish stocks;
(5) Since 1979,
recreational fishing assessments have been derived from the marine
recreational fisheries statistics Survey (MRFSS), administered by
the federal government in
partnership with the states;
(6) In 2006, congress
acknowledged major flaws in the accuracy of the assessments
provided by (MRFSS), and called upon the national marine
fisheries service (NMFS) to
undertake programmatic reforms, including the establishment of
a universal registry of all
saltwater anglers to provide a more accurate and efficient
means for acquiring recreational catch
and effort data;
(7) In 2008, (NMFS)
initiated a new marine recreational information program (MRIP) to
replace (MRFSS), and enacted rules requiring marine
recreational fisherman to either register
under a new national program, or be registered or licensed
by a state program that meets federal
requirements;
(8) All coastal
states have enacted, or are in the process of enacting, marine recreational
fishing license or registry programs;
(9) The interests of
recreational saltwater anglers in
establishing a state program that meets federal requirements,
contributes to improved state-based
recreational fishing assessments and stock assessments, and
supports fair and effective regulatory
programs and quota allocations for
(10) Additionally,
the interests of recreational saltwater anglers in
served by a program that supports improved and expanded
opportunities for the public to access
the marine waters of the state; and
(11) The use of
license fee revenues for any purpose other than managing recreational
fisheries and enhancing recreational fishing opportunities
would: violate the terms of section 20-
9-3 and trigger a discontinuation of all federal
funding provided to
Federal Aid in Sport Fish Restoration Act (16 U.S.C.
section 777-777K); conflict with legislative
intent, as set forth in subdivision 20-3.1-7(3); veer from
the restricted use requirements governing
freshwater fishing, commercial fishing, and hunting license fee
revenues; affect compliance with
the requirements of this chapter; and compromise the
purposes of this chapter.
20-2.2-2.
Purposes. -- The purposes of this chapter are
to:
(1) Enable
recreational fisherman to fish legally in the marine waters of
and in all offshore federal waters, via a state-based
recreational fishing licensing program,
established in accordance with the requirements set forth by the
federal Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C.
section 1601 et seq.);
(2) Establish a
state-based licensing program that will: provide
fisherman, including residents and non-resident visitors, with a
convenient and inexpensive
licensing process; support and contribute to more accurate
state-based fishing and resource
assessments; and provide for fair and effective management
programs that optimize benefits and
opportunities for
(3) Establish a
dedicated funding vehicle to support improved coastal access
opportunities for recreational fisherman along the
20-2.2-3.
Definitions. -- As used in this chapter, the
following terms shall have the
following meanings:
(1)
"Angling" means to fish recreationally using hook and line.
(2) "Blind"
means an individual who is blind in accordance with section 20-2-31.
(3) "Exempted
state" means a state that has been designated as an exempted state by the
national marine fisheries service, pursuant to the National Saltwater
Angler Registry Program, 50
CFR Part 600.
(4)
"Finfish" means all species of finfish, excluding shellfish and
crustaceans.
(5) "Fishing
recreationally" means all forms of angling, as well as all forms of
spearfishing, the purpose of which is to harvest, or attempt to
harvest finfish for non-commercial
purposes.
(6) "Marine
waters of
to three (3) nautical miles from the coastline,
including all state waters surrounding
(7) "Permanently
disabled" means an individual who is one hundred percent (100%)
permanently disabled in accordance with section 20-2-31.
(8)
"Resident" means an individual who has had his or her actual place of
residence and
has lived in the state of
(9) "Spearfishing" means to fish recreationally using a
spear or a powerhead.
20-2.2-4. License
required. -- (a) It shall be unlawful for
any person to fish
recreationally in the marine waters of
(1) A recreational
fishing license issued in accordance with the provisions of this chapter;
or (2) A recreational fishing license or registration
issued by any other exempted state that
affords reciprocity to
pursuant to this chapter; or
(3) A federal
saltwater angler registration issued by the national marine fisheries service.
(b) An individual
will be considered to be fishing recreationally if they are engaged in the
process of angling or spearfishing,
or if they possess equipment used for angling or spearfishing
and are also in possession of finfish.
20-2.2-5.
Exemptions. – A license shall not be required
for anyone who is:
(1) Under the age of
sixteen (16);
(2) Permanently
disabled, or blind;
(3) On leave from
active military duty;
(4) A passenger on a
party or charter boar holding a current and valid license issued by
the department in accordance with section 20-2-27.1;
(5) Fishing
recreationally during a designated free-fishing day, which
may be established
by the director and occur on no more than one day per
year; or
(6) Fishing
commercially in accordance with a current and valid commercial fishing
license.
20-2.2-6. Fees -
Terms and conditions - Information required. -- (a)(1)
Resident seven
dollars ($7.00);
(2) No fee shall be
charged for residents who are over the age of sixty-five (65) or in
active military service;
(3) Nonresident ten
dollars ($10.00);
(4) Licenses issued
pursuant to this subsection shall expire on December 31st of each
year.
(b)(1) Resident or
non-resident seven (7) day five dollars ($5.00);
(2) This license
shall entitle the holder to fish recreationally for seven (7) consecutive
days, including the day of issuance.
(c) All license
applications shall be required to provide their name, address, phone
number, and date of birth.
(d) Any lost or
destroyed license shall be replaceable, during the calendar year in which it
was issued, or in the case of a seven-day license, during
the seven-day period when it is valid, at
no cost to the license holder.
(e) The director is
authorized to determine a portion of the license fee, not to exceed any
of the amounts set forth above in this section, that may
be retained by the state-approved vendor
and authorized licensing agents, as set forth in section
20-2.2-7, as commission for services
rendered.
20-2.2-7.
License issuance. -- The director is authorized
and directed to engage the
contractual services of a state-approved vendor to develop and
implement a web-based system
that will serve as the sole means for obtaining licenses
pursuant this chapter. The vendor's
responsibilities shall include, but not limited to:
(1) Development of
the web-based application;
(2) Creation and
servicing of authorized licensing agents who will be able to vend
licenses at their establishments;
(3) Collection and
transmittal of license fee revenues; and
(4) Storage and
transmittal of license holder database.
20-2.2-8. Violations. -- (a) Any person who violates any provision of this chapter shall
be guilty of a civil violation and subject to a fine, as follows:
(1) For a first offense, a fine of ten dollars ($10.00);
(2) For a second offense, a fine of fifty dollars ($50.00); and
(3) For a third or
subsequent offense, a fine of one hundred dollars ($100).
(b) Jurisdiction over
violations of this chapter shall be with the traffic tribunal.
20-2.2-9.
Deposit of fees - Appropriation and use of license fee revenue.
-- All
moneys generated from license fees issued under this
chapter, other than any commissions
retained by the licensing vendor and licensing agents per
subsection 20-2.2-6(e), shall be
deposited in a restricted receipt account, hereby created and
known as the Recreational Saltwater
Fishing License Restricted Receipt Account. The state
controller is authorized and directed to
draw orders upon the general treasurer for payment of any
sum or sums as may be necessary from
time to time upon receipt by him or her of duly
authenticated vouchers presented by the director
of environmental management. In accordance with section
20-9-3 and in keeping with
subdivision 20-3.1-7(3), the monies from license fees received
under this section are to be used
only for the following specific purposes:
(1) Administering and
enforcing the recreational saltwater fishing license program
established by this chapter;
(2) Managing
improving state-based recreational fishery catch and effort
statistics and stock assessments; and
(3) Enhancing
recreational fishing opportunities in the state.
20-2.2-10.
Accountability and oversight. -- (a) On an annual basis, the department shall
prepare a report that details the number of recreational
saltwater fishing licenses issued, the total
amount of license fee revenue received, the expenditures
made during the prior year utilizing the
fee revenue, and how the department plans to allocate and
use the fee revenue during the next
year. The report shall also include any additional,
relevant information relating to the
administration and enforcement of the licensing program, and status
of state-based recreational
fishing assessments and stock assessments.
(b) The department
shall annually submit the report to the marine fisheries council, and
the department, in coordination with the council, shall
annually schedule and conduct one or more
public meetings to solicit input from recreational fisherman
and the general public. On the basis
of such input, and the council's own review, the council
shall annually prepare an addendum to
the report, setting forth the council's opinion on
whether the licensing program is meeting its
intended purposes, and offering any recommendations for
modifying the program.
(c) The department
shall annually submit the report, including the addendum developed
by the council, to the general assembly.
20-2.2-11.
Rules and regulations. -- The director is
authorized to promulgate, adopt, and
enforce any and all rules and regulations deemed necessary to
carry out the purposes of this
chapter.
SECTION 2. This act shall take effect on January 1, 2010.
=======
LC02701/SUB A
=======