§ 20-2.1-5 Resident licenses. – The director shall establish as a minimum the following types of licenses setforth in this section. In addition, the director may establish any otherclasses and types of licenses and endorsements, consistent with the provisionsof this chapter and with adopted management plans, that may be necessary toaccomplish the purposes of this chapter:
(i) Commercial fishing license. Rhode Island residentsshall be eligible to obtain a commercial fishing license; the license shallallow the holder to engage in commercial fishing in fisheries sectors, perendorsement at basic harvest and gear levels. The annual fee for a commercialfishing license shall be fifty dollars ($50.00) and twenty-five dollars($25.00) for each endorsement at the basic harvest and gear levels.
(ii) Principal effort license. Duly licensed personsin a fishery as of December 31 of the immediately preceding year, shall beeligible to obtain a principal effort license for the fishery sector for whichthey were licensed on December 31 of the immediately preceding year, whichprincipal effort license shall allow its holder to fish in a fishery sector atthe full harvest and gear levels. The annual fee for a principal effort licenseshall be one hundred fifty dollars ($150). Principal effort license holders, inaddition to the fishery sector of their principal effort, shall be eligible toobtain endorsements for the other fishery sectors at the full harvest and gearlevels, if and when those endorsements are made available; the annual fee foreach other fishery sector endorsement shall be seventy-five dollars ($75.00).Principal effort license holders shall also be eligible to obtain a commercialfishing license with endorsements except for fisheries in which the licenseholder can fish at the full harvest and gear levels.
(iii) Multi-purpose license. All multi-purpose licenseholders as of December 31 of the immediately preceding year, shall be eligibleto obtain a multi-purpose license, which shall allow the holder to engage incommercial fishing in all fisheries sectors at the full harvest and gearlevels. At the time of application for a multi-purpose license and each annualrenewal of it, the applicant shall make a non-binding declaration of whichfishing sectors the applicant intends to place significant fishing effortduring the period covered by the license. The annual fee for multi-purposelicense shall be three hundred dollars ($300).
(A) Student shellfish license. A resident twenty-three(23) years or younger shall pay fifty dollars ($50.00) for a student commerciallicense to take shellfish upon provision of proof of full-time student status.
(B) Over sixty-five (65) shellfish license. A residentsixty-five (65) years of age and over shall be eligible for a shellfish licenseto shellfish commercially and there shall be no fee for this license.
(i) Vessel declaration and fee. (A) The departmentshall require the owner and/or the operator of a commercial fishing vessel todeclare the vessel on the owner/operator's commercial fishing license. Thedeclaration shall be made at the time of initial license issuance and eachrenewal, or prior to the vessels being used for commercial fishing by the ownerand/or operator if the first usage of the vessel for commercial fishing occursduring the course of a year after the license has been issued or renewed. Ifthe declaration is for a vessel of less than twenty-five feet (25') in length,the declaration shall be transferable to another vessel less than twenty-fivefeet (25') in length, provided the vessel is identified as commercial fishingvessel while it is being used for commercial fishing by displaying a plate asprovided in § 20-2.1-4.
(B) The annual fee for each vessel declaration shall betwenty-five dollars ($25.00) for the first twenty-five feet (25') or under,plus fifty cents ($0.50) per foot for each whole foot over twenty-five feet(25'); this declaration fee shall entitle the holder to a decal. The holder ofa valid decal for a vessel twenty-five feet (25') in length or under may obtaina plate from the department for display on a vessel twenty-five feet (25') inlength that is being used temporarily for commercial fishing; the annual feefor a plate shall be fifteen dollars ($15.00).
(A) Shellfish dredging endorsement. A resident of thisstate who holds a multipurpose license and/or an appropriate shellfish licenseis also eligible to apply for a shellfish dredging endorsement to take quahogs,mussels, and surf clams by dredges hauled by powerboat. The annual fee shall betwenty dollars ($20.00).
(B) Fish trap endorsements. A person who holds amulti-purpose license and/or a principal effort license for finfish is alsoeligible to apply for a fish trap endorsement in accordance with the permittingprovisions in chapter 5 of this title. The fee shall be twenty dollars ($20.00)per trap location for a three (3) year period. Applicants who possessed a validfish trap endorsement as of the immediately preceding year may obtain a fishtrap endorsement for the immediately following year, subject to the same termsand conditions in effect as the immediately preceding year. New fish trapendorsement opportunities shall be established by the department by rule,pursuant to applicable management plans and the provisions in chapter 5 of thistitle.
(C) Gill net endorsements. A person who holds amulti-purpose license and/or a principal effort license for finfish is alsoeligible to apply for a commercial gill net endorsement in accordance with theprovisions of this section. The annual fee for a commercial gill netendorsement is twenty dollars ($20.00). Applicants who possessed a gill netendorsement as of the immediately preceding year may obtain a gill netendorsement for the immediately following year. New gill net endorsementopportunities shall be established by the department by rule, pursuant toapplicable management plans.
(D) Miscellaneous gear endorsements. The departmentmay establish by rule any specific gear endorsements that may be necessary orappropriate to effectuate the purposes of this chapter and facilitateparticipation in a specific fishery with a specific type of gear; the fee forsuch a gear endorsement shall not be greater than two hundred dollars ($200),but may be a lesser amount. This endorsement shall be issued only in a mannerconsistent with the general requirements of this chapter, includingspecifically those governing residency.
(i) Eligibility. For new principal effort andmulti-purpose licenses priority shall be given to applicants who have held alower level of license for two (2) years or more, with preference to familymembers and crew members of a license holder who is retiring his or her license.
(ii) Priority or preference applicants. A new licenseshall be granted to priority/preference applicants who have acquired vessel andor gear from a license holder who has retired a license, provided that as theresult of any such transaction for each license retired not more than one newlicense may be granted, nor may the nominal effort, including the total numberof licenses, in a fishery subject effort or catch restrictions be increased.
(iii) Availability of new or additional licenses. Newprincipal effort and multi-purpose licenses that increase the total number oflicenses in the fishery may be made available by rule consistent withmanagement plan for issuance effective January 1, in any year, based on statusof resource and economic condition of fishery. Priority for new licenses shallbe given to Rhode Island residents.
(4) Retirement of licenses. Issuance of license shallnot be deemed to create a property right such that the license can be sold ortransferred by license holder; fishing licenses shall be surrendered to thestate upon their non-renewal, forfeiture or revocation.
(5) Transfer for hardship. Notwithstanding theprovisions of § 20-2.1-4(c), a license may be transferred to a familymember upon the incapacity or death of the license holder who has activelyparticipated in commercial fishing. The transfer shall be effective upon itsregistration with the department. A family member shall be defined as thespouse, mother, father, brother, sister, child or grandchild of the transferor.The department shall make available as necessary operator permits to providesolely for the continued operation of a fishing vessel upon the illness,incapacity or death of a license holder who has actively participated incommercial fishing, which operator permits shall be subject at a minimum to theconditions and restrictions that applied to the license holder.
(6) Transfer of vessels and gear. Vessels and gear maybe sold, transferred, or disposed at the sole discretion of the owner;provided, however, that the subsequent level of use of the gear may berestricted in Rhode Island waters in order to accomplish the purposes of a dulyadopted management plan or other duly adopted program to reduce effort.
§ 20-2.1-5 Resident licenses. – The director shall establish as a minimum the following types of licenses setforth in this section. In addition, the director may establish any otherclasses and types of licenses and endorsements, consistent with the provisionsof this chapter and with adopted management plans, that may be necessary toaccomplish the purposes of this chapter:
(i) Commercial fishing license. Rhode Island residentsshall be eligible to obtain a commercial fishing license; the license shallallow the holder to engage in commercial fishing in fisheries sectors, perendorsement at basic harvest and gear levels. The annual fee for a commercialfishing license shall be fifty dollars ($50.00) and twenty-five dollars($25.00) for each endorsement at the basic harvest and gear levels.
(ii) Principal effort license. Duly licensed personsin a fishery as of December 31 of the immediately preceding year, shall beeligible to obtain a principal effort license for the fishery sector for whichthey were licensed on December 31 of the immediately preceding year, whichprincipal effort license shall allow its holder to fish in a fishery sector atthe full harvest and gear levels. The annual fee for a principal effort licenseshall be one hundred fifty dollars ($150). Principal effort license holders, inaddition to the fishery sector of their principal effort, shall be eligible toobtain endorsements for the other fishery sectors at the full harvest and gearlevels, if and when those endorsements are made available; the annual fee foreach other fishery sector endorsement shall be seventy-five dollars ($75.00).Principal effort license holders shall also be eligible to obtain a commercialfishing license with endorsements except for fisheries in which the licenseholder can fish at the full harvest and gear levels.
(iii) Multi-purpose license. All multi-purpose licenseholders as of December 31 of the immediately preceding year, shall be eligibleto obtain a multi-purpose license, which shall allow the holder to engage incommercial fishing in all fisheries sectors at the full harvest and gearlevels. At the time of application for a multi-purpose license and each annualrenewal of it, the applicant shall make a non-binding declaration of whichfishing sectors the applicant intends to place significant fishing effortduring the period covered by the license. The annual fee for multi-purposelicense shall be three hundred dollars ($300).
(A) Student shellfish license. A resident twenty-three(23) years or younger shall pay fifty dollars ($50.00) for a student commerciallicense to take shellfish upon provision of proof of full-time student status.
(B) Over sixty-five (65) shellfish license. A residentsixty-five (65) years of age and over shall be eligible for a shellfish licenseto shellfish commercially and there shall be no fee for this license.
(i) Vessel declaration and fee. (A) The departmentshall require the owner and/or the operator of a commercial fishing vessel todeclare the vessel on the owner/operator's commercial fishing license. Thedeclaration shall be made at the time of initial license issuance and eachrenewal, or prior to the vessels being used for commercial fishing by the ownerand/or operator if the first usage of the vessel for commercial fishing occursduring the course of a year after the license has been issued or renewed. Ifthe declaration is for a vessel of less than twenty-five feet (25') in length,the declaration shall be transferable to another vessel less than twenty-fivefeet (25') in length, provided the vessel is identified as commercial fishingvessel while it is being used for commercial fishing by displaying a plate asprovided in § 20-2.1-4.
(B) The annual fee for each vessel declaration shall betwenty-five dollars ($25.00) for the first twenty-five feet (25') or under,plus fifty cents ($0.50) per foot for each whole foot over twenty-five feet(25'); this declaration fee shall entitle the holder to a decal. The holder ofa valid decal for a vessel twenty-five feet (25') in length or under may obtaina plate from the department for display on a vessel twenty-five feet (25') inlength that is being used temporarily for commercial fishing; the annual feefor a plate shall be fifteen dollars ($15.00).
(A) Shellfish dredging endorsement. A resident of thisstate who holds a multipurpose license and/or an appropriate shellfish licenseis also eligible to apply for a shellfish dredging endorsement to take quahogs,mussels, and surf clams by dredges hauled by powerboat. The annual fee shall betwenty dollars ($20.00).
(B) Fish trap endorsements. A person who holds amulti-purpose license and/or a principal effort license for finfish is alsoeligible to apply for a fish trap endorsement in accordance with the permittingprovisions in chapter 5 of this title. The fee shall be twenty dollars ($20.00)per trap location for a three (3) year period. Applicants who possessed a validfish trap endorsement as of the immediately preceding year may obtain a fishtrap endorsement for the immediately following year, subject to the same termsand conditions in effect as the immediately preceding year. New fish trapendorsement opportunities shall be established by the department by rule,pursuant to applicable management plans and the provisions in chapter 5 of thistitle.
(C) Gill net endorsements. A person who holds amulti-purpose license and/or a principal effort license for finfish is alsoeligible to apply for a commercial gill net endorsement in accordance with theprovisions of this section. The annual fee for a commercial gill netendorsement is twenty dollars ($20.00). Applicants who possessed a gill netendorsement as of the immediately preceding year may obtain a gill netendorsement for the immediately following year. New gill net endorsementopportunities shall be established by the department by rule, pursuant toapplicable management plans.
(D) Miscellaneous gear endorsements. The departmentmay establish by rule any specific gear endorsements that may be necessary orappropriate to effectuate the purposes of this chapter and facilitateparticipation in a specific fishery with a specific type of gear; the fee forsuch a gear endorsement shall not be greater than two hundred dollars ($200),but may be a lesser amount. This endorsement shall be issued only in a mannerconsistent with the general requirements of this chapter, includingspecifically those governing residency.
(i) Eligibility. For new principal effort andmulti-purpose licenses priority shall be given to applicants who have held alower level of license for two (2) years or more, with preference to familymembers and crew members of a license holder who is retiring his or her license.
(ii) Priority or preference applicants. A new licenseshall be granted to priority/preference applicants who have acquired vessel andor gear from a license holder who has retired a license, provided that as theresult of any such transaction for each license retired not more than one newlicense may be granted, nor may the nominal effort, including the total numberof licenses, in a fishery subject effort or catch restrictions be increased.
(iii) Availability of new or additional licenses. Newprincipal effort and multi-purpose licenses that increase the total number oflicenses in the fishery may be made available by rule consistent withmanagement plan for issuance effective January 1, in any year, based on statusof resource and economic condition of fishery. Priority for new licenses shallbe given to Rhode Island residents.
(4) Retirement of licenses. Issuance of license shallnot be deemed to create a property right such that the license can be sold ortransferred by license holder; fishing licenses shall be surrendered to thestate upon their non-renewal, forfeiture or revocation.
(5) Transfer for hardship. Notwithstanding theprovisions of § 20-2.1-4(c), a license may be transferred to a familymember upon the incapacity or death of the license holder who has activelyparticipated in commercial fishing. The transfer shall be effective upon itsregistration with the department. A family member shall be defined as thespouse, mother, father, brother, sister, child or grandchild of the transferor.The department shall make available as necessary operator permits to providesolely for the continued operation of a fishing vessel upon the illness,incapacity or death of a license holder who has actively participated incommercial fishing, which operator permits shall be subject at a minimum to theconditions and restrictions that applied to the license holder.
(6) Transfer of vessels and gear. Vessels and gear maybe sold, transferred, or disposed at the sole discretion of the owner;provided, however, that the subsequent level of use of the gear may berestricted in Rhode Island waters in order to accomplish the purposes of a dulyadopted management plan or other duly adopted program to reduce effort.
§ 20-2.1-5 Resident licenses. – The director shall establish as a minimum the following types of licenses setforth in this section. In addition, the director may establish any otherclasses and types of licenses and endorsements, consistent with the provisionsof this chapter and with adopted management plans, that may be necessary toaccomplish the purposes of this chapter:
(i) Commercial fishing license. Rhode Island residentsshall be eligible to obtain a commercial fishing license; the license shallallow the holder to engage in commercial fishing in fisheries sectors, perendorsement at basic harvest and gear levels. The annual fee for a commercialfishing license shall be fifty dollars ($50.00) and twenty-five dollars($25.00) for each endorsement at the basic harvest and gear levels.
(ii) Principal effort license. Duly licensed personsin a fishery as of December 31 of the immediately preceding year, shall beeligible to obtain a principal effort license for the fishery sector for whichthey were licensed on December 31 of the immediately preceding year, whichprincipal effort license shall allow its holder to fish in a fishery sector atthe full harvest and gear levels. The annual fee for a principal effort licenseshall be one hundred fifty dollars ($150). Principal effort license holders, inaddition to the fishery sector of their principal effort, shall be eligible toobtain endorsements for the other fishery sectors at the full harvest and gearlevels, if and when those endorsements are made available; the annual fee foreach other fishery sector endorsement shall be seventy-five dollars ($75.00).Principal effort license holders shall also be eligible to obtain a commercialfishing license with endorsements except for fisheries in which the licenseholder can fish at the full harvest and gear levels.
(iii) Multi-purpose license. All multi-purpose licenseholders as of December 31 of the immediately preceding year, shall be eligibleto obtain a multi-purpose license, which shall allow the holder to engage incommercial fishing in all fisheries sectors at the full harvest and gearlevels. At the time of application for a multi-purpose license and each annualrenewal of it, the applicant shall make a non-binding declaration of whichfishing sectors the applicant intends to place significant fishing effortduring the period covered by the license. The annual fee for multi-purposelicense shall be three hundred dollars ($300).
(A) Student shellfish license. A resident twenty-three(23) years or younger shall pay fifty dollars ($50.00) for a student commerciallicense to take shellfish upon provision of proof of full-time student status.
(B) Over sixty-five (65) shellfish license. A residentsixty-five (65) years of age and over shall be eligible for a shellfish licenseto shellfish commercially and there shall be no fee for this license.
(i) Vessel declaration and fee. (A) The departmentshall require the owner and/or the operator of a commercial fishing vessel todeclare the vessel on the owner/operator's commercial fishing license. Thedeclaration shall be made at the time of initial license issuance and eachrenewal, or prior to the vessels being used for commercial fishing by the ownerand/or operator if the first usage of the vessel for commercial fishing occursduring the course of a year after the license has been issued or renewed. Ifthe declaration is for a vessel of less than twenty-five feet (25') in length,the declaration shall be transferable to another vessel less than twenty-fivefeet (25') in length, provided the vessel is identified as commercial fishingvessel while it is being used for commercial fishing by displaying a plate asprovided in § 20-2.1-4.
(B) The annual fee for each vessel declaration shall betwenty-five dollars ($25.00) for the first twenty-five feet (25') or under,plus fifty cents ($0.50) per foot for each whole foot over twenty-five feet(25'); this declaration fee shall entitle the holder to a decal. The holder ofa valid decal for a vessel twenty-five feet (25') in length or under may obtaina plate from the department for display on a vessel twenty-five feet (25') inlength that is being used temporarily for commercial fishing; the annual feefor a plate shall be fifteen dollars ($15.00).
(A) Shellfish dredging endorsement. A resident of thisstate who holds a multipurpose license and/or an appropriate shellfish licenseis also eligible to apply for a shellfish dredging endorsement to take quahogs,mussels, and surf clams by dredges hauled by powerboat. The annual fee shall betwenty dollars ($20.00).
(B) Fish trap endorsements. A person who holds amulti-purpose license and/or a principal effort license for finfish is alsoeligible to apply for a fish trap endorsement in accordance with the permittingprovisions in chapter 5 of this title. The fee shall be twenty dollars ($20.00)per trap location for a three (3) year period. Applicants who possessed a validfish trap endorsement as of the immediately preceding year may obtain a fishtrap endorsement for the immediately following year, subject to the same termsand conditions in effect as the immediately preceding year. New fish trapendorsement opportunities shall be established by the department by rule,pursuant to applicable management plans and the provisions in chapter 5 of thistitle.
(C) Gill net endorsements. A person who holds amulti-purpose license and/or a principal effort license for finfish is alsoeligible to apply for a commercial gill net endorsement in accordance with theprovisions of this section. The annual fee for a commercial gill netendorsement is twenty dollars ($20.00). Applicants who possessed a gill netendorsement as of the immediately preceding year may obtain a gill netendorsement for the immediately following year. New gill net endorsementopportunities shall be established by the department by rule, pursuant toapplicable management plans.
(D) Miscellaneous gear endorsements. The departmentmay establish by rule any specific gear endorsements that may be necessary orappropriate to effectuate the purposes of this chapter and facilitateparticipation in a specific fishery with a specific type of gear; the fee forsuch a gear endorsement shall not be greater than two hundred dollars ($200),but may be a lesser amount. This endorsement shall be issued only in a mannerconsistent with the general requirements of this chapter, includingspecifically those governing residency.
(i) Eligibility. For new principal effort andmulti-purpose licenses priority shall be given to applicants who have held alower level of license for two (2) years or more, with preference to familymembers and crew members of a license holder who is retiring his or her license.
(ii) Priority or preference applicants. A new licenseshall be granted to priority/preference applicants who have acquired vessel andor gear from a license holder who has retired a license, provided that as theresult of any such transaction for each license retired not more than one newlicense may be granted, nor may the nominal effort, including the total numberof licenses, in a fishery subject effort or catch restrictions be increased.
(iii) Availability of new or additional licenses. Newprincipal effort and multi-purpose licenses that increase the total number oflicenses in the fishery may be made available by rule consistent withmanagement plan for issuance effective January 1, in any year, based on statusof resource and economic condition of fishery. Priority for new licenses shallbe given to Rhode Island residents.
(4) Retirement of licenses. Issuance of license shallnot be deemed to create a property right such that the license can be sold ortransferred by license holder; fishing licenses shall be surrendered to thestate upon their non-renewal, forfeiture or revocation.
(5) Transfer for hardship. Notwithstanding theprovisions of § 20-2.1-4(c), a license may be transferred to a familymember upon the incapacity or death of the license holder who has activelyparticipated in commercial fishing. The transfer shall be effective upon itsregistration with the department. A family member shall be defined as thespouse, mother, father, brother, sister, child or grandchild of the transferor.The department shall make available as necessary operator permits to providesolely for the continued operation of a fishing vessel upon the illness,incapacity or death of a license holder who has actively participated incommercial fishing, which operator permits shall be subject at a minimum to theconditions and restrictions that applied to the license holder.
(6) Transfer of vessels and gear. Vessels and gear maybe sold, transferred, or disposed at the sole discretion of the owner;provided, however, that the subsequent level of use of the gear may berestricted in Rhode Island waters in order to accomplish the purposes of a dulyadopted management plan or other duly adopted program to reduce effort.
