State Codes and Statutes
Statutes > Rhode-island > Title-20 > Chapter-20-10 > 20-10-13-1SECTION 20-10-13.1
§ 20-10-13.1 Cultivated plants or animals– Exemption from certain wild fishery restrictions. – (a) Aquaculture activities conducted in a manner consistent with permit andlicense conditions and in accordance with the rules and regulations promulgatedpursuant to this chapter, and aquaculture products harvested for sale as aresult of those activities, shall be exempt from the following statutory andregulatory restrictions governing wild fisheries: seasons; bag limits; methodsof harvest; and, except for quahaugs (Mercenaria mercenaria), minimum sizes.
(b) The possessor of aquaculture products subject to theseexemptions shall have the burden of proof that the products were legallyacquired and possessed. In accordance with applicable rules and regulationsgoverning aquaculture products, proper tags and bills of sale shall constitutethe primary means for satisfying this burden of proof.
(c) Aquaculturists are prohibited from harvesting for sale toa shellfish dealer for human consumption quahaugs (Mercenaria mercenaria) witha hinge width of less than one inch (1").
(d) Notwithstanding the provisions of subsections (a) and (c)above, the director of the department of environmental management is authorizedto promulgate regulations establishing a special exemption permit that wouldexempt Department of Health licensed food processing facilities from the oneinch (1") minimum size restriction governing bay quahogs, pursuant to §20-6-11(b).
