Fish and Wildlife

Commercial Fisheries

SECTION 20-4-1.3

§ 20-4-1.3. Nonresident landing permits.

A new landing permit shall not be issued to any nonresident to off-load, land, offer for sale, or sell any restricted marine species, the definition of which shall be established by the department by rule and shall take into account species for which a quota has been allocated to the state of Rhode Island by the Atlantic States Marine Fisheries Council or the National Marine Fisheries service, unless: (1) The landing shall be counted against the quota of the state where the vessel making the landing is registered or documented; or (2) The state where the vessel making the landing is registered or documented issues new landing permits to Rhode Island residents to land against that state's quota for the same species. For purposes of this section, the renewal of any nonresident landing permit shall be considered a new nonresident landing permit unless the applicant can show, to the satisfaction of the director, historic participation in the fishery and landings of the species; and any change or upgrade of a vessel twenty percent (20%) or greater in length, displacement, or horsepower above the named vessel shall be considered a new landing permit. Issuance of a landing permit shall not be deemed to create a property right that can be sold, transferred, or encumbered; landing permits shall be surrendered to the state upon their non-renewal or forfeiture; and the acquisition of a named vessel by a nonresident who does not already have a landing permit shall not entitle the nonresident to a landing permit unless a new landing permit can be issued as allowed in this section.

History of Section.
(P.L. 2002, ch. 47, § 8.)