Chapter 166
2021 -- H 6432 SUBSTITUTE A
Enacted 07/06/2021

A N   A C T
RELATING TO FISH AND WILDLIFE - COMMERCIAL FISHERIES

Introduced By: Representatives Fogarty, Tanzi, Cortvriend, McEntee, Carson, Speakman, Donovan, Ranglin-Vassell, McGaw, and Messier

Date Introduced: June 16, 2021

It is enacted by the General Assembly as follows:
     SECTION 1. Chapter 20-4 of the General Laws entitled "Commercial Fisheries" is hereby
amended by adding thereto the following section:
     20-4-14. Direct sales.
     (a) The director of the department of environmental management pursuant to the authority
and provisions of this title 20 shall issue and enforce rules, regulations, and orders with respect to
the following matters and activities:
     (1) Authorizing the transportation and sale of allowable species of live lobsters, live crabs,
and live whelk by the holder of a license issued pursuant to subsection (a)(2) of this section, or by
the authorized agent/crew member crewmember of the license holder, from the vessel or dockside
from the vessel on which the seafood was harvested to a consumer or licensed seafood retailer.;
and
     (2) Issuance of a direct sale dealer license to applicants possessing a resident commercial
fishing license or resident landing permit, and who provide documentation to the satisfaction of the
director that the applicant has permission or authority from both the property owner and the
municipality of the location where the sales subject to the provisions of subsection (a)(1) of this
section shall be conducted.
     (b) Rules, regulations, and orders promulgated by the director pursuant to subsection (a) of
this section, shall include the following provisions:
     (1) Only the licensee, or a regularly employed crewmember of the licensee, may sell
allowable species under the direct sale dealer license. To be eligible to conduct such sales, a
crewmember must first receive written authorization from the licensee. Such authorization shall be
in the form of a typewritten statement, signed and dated by the licensee, that expressly authorizes
the crewmember to act on behalf of the licensee with regard to direct sales. The statement shall
further specify: the name of the crewmember,; the name of the vessel from which the sales are
conducted,; and the month and year that the crewmember began working on the vessel. The
statement shall be kept on the vessel and be available at all times for inspection by department
personnel. A crewmember who is acting on behalf of a licensee must comply with all applicable
regulations governing direct sales, as set forth in this subsection, and the licensee shall be
responsible for any violations of regulations by the crewmember.;
     (2) All direct sale activities must be conducted in a manner consistent with applicable
federal, state, and municipal laws, regulations, and polices governing port and marina operations.;
     (3) Lobsters, crabs, and whelk must be sold live.;
     (4) Finfish may be headed, gutted, and bled dockside from the vessel. No other processing
may be done dockside from the vessel.;
     (5) Transporting is limited to lobsters, crabs, and whelk harvested from individual vessels
and sold and transported by the individual harvester or affiliated crewmembers. The name of the
vessel and license holder, provided in writing and legible, must accompany all transported lobsters,
crabs, and whelk.; and
     (6) All seafood must be stored and handled in a safe and sanitary manner pursuant to
department regulations.
     (c) Nothing in this section shall be construed to permit:
     (1) The direct sale of histamine producing fish, including bluefish, tuna, mackerel, herring,
mahi mahi, bonito, swordfish, marlin, sailfish, wahoo, anchovy, sardines, shad, menhaden as well
as amberjack, escolar, hind, jack, kahawai, milkfish, saury, scad, spearfish, sprat and trevally, and
striped bass; or
     (2) The transportation for sale of finfish to consumers and/or retailers. All sales of finfish
must be sold dockside from the vessel.
     SECTION 2. This act shall take effect upon passage.
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LC003019/SUB A
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