State Codes and Statutes

Statutes > Rhode-island > Title-20 > Chapter-20-4 > 20-4-1-3

SECTION 20-4-1.3

   § 20-4-1.3  Non-resident landing permits.– A new landing permit shall not be issued to any non-resident to off-load, land,offer for sale, or sell any restricted marine species, the definition of whichshall be established by the department by rule and shall take into accountspecies for which a quota has been allocated to the state of Rhode Island bythe Atlantic States Marine Fisheries Council or the National Marine Fisheriesservice, unless: (1) the landing shall be counted against the quota of thestate where the vessel making the landing is registered or documented; or (2)the state where the vessel making the landing is registered or documentedissues new landing permits to Rhode Island residents to land against thatstate's quota for the same species. For purposes of this section, the renewalof any non-resident landing permit shall be considered a new non-residentlanding permit unless the applicant can show, to the satisfaction of thedirector, historic participation in the fishery and landings of the species;and any change or upgrade of a vessel twenty percent (20%) or greater inlength, displacement, or horsepower above the named vessel shall be considereda new landing permit. Issuance of a landing permit shall not be deemed tocreate a property right that can be sold, transferred, or encumbered; landingpermits shall be surrendered to the state upon their non-renewal or forfeiture,and the acquisition of a named vessel by a non-resident who does not alreadyhave a landing permit shall not entitle the non-resident to a landing permitunless a new landing permit can be issued as allowed in this section.

State Codes and Statutes

Statutes > Rhode-island > Title-20 > Chapter-20-4 > 20-4-1-3

SECTION 20-4-1.3

   § 20-4-1.3  Non-resident landing permits.– A new landing permit shall not be issued to any non-resident to off-load, land,offer for sale, or sell any restricted marine species, the definition of whichshall be established by the department by rule and shall take into accountspecies for which a quota has been allocated to the state of Rhode Island bythe Atlantic States Marine Fisheries Council or the National Marine Fisheriesservice, unless: (1) the landing shall be counted against the quota of thestate where the vessel making the landing is registered or documented; or (2)the state where the vessel making the landing is registered or documentedissues new landing permits to Rhode Island residents to land against thatstate's quota for the same species. For purposes of this section, the renewalof any non-resident landing permit shall be considered a new non-residentlanding permit unless the applicant can show, to the satisfaction of thedirector, historic participation in the fishery and landings of the species;and any change or upgrade of a vessel twenty percent (20%) or greater inlength, displacement, or horsepower above the named vessel shall be considereda new landing permit. Issuance of a landing permit shall not be deemed tocreate a property right that can be sold, transferred, or encumbered; landingpermits shall be surrendered to the state upon their non-renewal or forfeiture,and the acquisition of a named vessel by a non-resident who does not alreadyhave a landing permit shall not entitle the non-resident to a landing permitunless a new landing permit can be issued as allowed in this section.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-20 > Chapter-20-4 > 20-4-1-3

SECTION 20-4-1.3

   § 20-4-1.3  Non-resident landing permits.– A new landing permit shall not be issued to any non-resident to off-load, land,offer for sale, or sell any restricted marine species, the definition of whichshall be established by the department by rule and shall take into accountspecies for which a quota has been allocated to the state of Rhode Island bythe Atlantic States Marine Fisheries Council or the National Marine Fisheriesservice, unless: (1) the landing shall be counted against the quota of thestate where the vessel making the landing is registered or documented; or (2)the state where the vessel making the landing is registered or documentedissues new landing permits to Rhode Island residents to land against thatstate's quota for the same species. For purposes of this section, the renewalof any non-resident landing permit shall be considered a new non-residentlanding permit unless the applicant can show, to the satisfaction of thedirector, historic participation in the fishery and landings of the species;and any change or upgrade of a vessel twenty percent (20%) or greater inlength, displacement, or horsepower above the named vessel shall be considereda new landing permit. Issuance of a landing permit shall not be deemed tocreate a property right that can be sold, transferred, or encumbered; landingpermits shall be surrendered to the state upon their non-renewal or forfeiture,and the acquisition of a named vessel by a non-resident who does not alreadyhave a landing permit shall not entitle the non-resident to a landing permitunless a new landing permit can be issued as allowed in this section.