State Codes and Statutes

Statutes > Rhode-island > Title-20 > Chapter-20-7 > 20-7-11-1

SECTION 20-7-11.1

   § 20-7-11.1  Lobster pots – Tagging– Advisory committee. – (a) Each and every pot, trap, or other device used for the taking of lobstersor crabs in any of the waters of this state shall bear a color scheme on theattached buoy. Each applicant for a lobster license shall state the colorscheme that he or she desires to use. These colors, unless disapproved by thedirector of environmental management, shall be stated in the license, and allbuoys used by the licensee shall be marked accordingly. Each licensee shallcause his or her color scheme to be displayed on any lobster boat used by thelicensee in the waters of this state. Those colors shall be painted on the portand starboard sides of the hull in a section not less than one foot (1')square, or a clearly painted buoy shall be set at the highest point on the boatexcluding the mast and be visible for three hundred sixty degrees (360°).The buoy or colors must be prominently displayed on the vessel at all timesthat lobster gear fished under that license is in the water.

   (b) No person shall place, set, lift, raise, unduly disturb,draw in, or transfer any pot, trap, or other device used for the taking oflobsters unless the color scheme of the attached buoy is the same as the colorscheme that is on file with the license application and displayed on the boatused by that person, or unless that person is duly licensed and possesseswritten permission from the rightful owner of the pot, trap, or other device.

   (c) The Rhode Island marine fisheries council has theauthority to promulgate regulations requiring the tagging of lobster traps. Thedirector of the department of environmental management is authorized topromulgate regulations which establish a fee for official state lobster traptags. Any fee collected by the department will be retained by the agencysubject to § 20-2-28.2 to be used for the exclusive purpose of producingand distributing the trap tags and, if necessary, supporting other lobsterfishery management measures, including enforcement of the trap tag program;provided, however, that: (1) the department shall not establish a fee to coverany cost other than the cost of trap tags without first obtaining arecommendation from an advisory committee in accordance with subsection (d);and (2) the department shall report to the general assembly regarding the needfor the fee to cover any additional cost in accordance with subsection (d).

   (d) The department shall create an advisory committeecomposed of five (5) members of the lobster industry that utilize trap tags.The director or his or her designee will serve on the committee and act aschairperson. The committee will formulate recommendations on the expenditure ofthe funds derived from the tagging program. The department shall prepare anannual report for submittal to the general assembly which summarizes the statusof the lobster management and trap tag program, management actions, programneeds, and catch and effort data, and which provides an itemized listing of allprogram expenses. This report shall be available to the public and provided toeach commercial fishing organization in the state.

State Codes and Statutes

Statutes > Rhode-island > Title-20 > Chapter-20-7 > 20-7-11-1

SECTION 20-7-11.1

   § 20-7-11.1  Lobster pots – Tagging– Advisory committee. – (a) Each and every pot, trap, or other device used for the taking of lobstersor crabs in any of the waters of this state shall bear a color scheme on theattached buoy. Each applicant for a lobster license shall state the colorscheme that he or she desires to use. These colors, unless disapproved by thedirector of environmental management, shall be stated in the license, and allbuoys used by the licensee shall be marked accordingly. Each licensee shallcause his or her color scheme to be displayed on any lobster boat used by thelicensee in the waters of this state. Those colors shall be painted on the portand starboard sides of the hull in a section not less than one foot (1')square, or a clearly painted buoy shall be set at the highest point on the boatexcluding the mast and be visible for three hundred sixty degrees (360°).The buoy or colors must be prominently displayed on the vessel at all timesthat lobster gear fished under that license is in the water.

   (b) No person shall place, set, lift, raise, unduly disturb,draw in, or transfer any pot, trap, or other device used for the taking oflobsters unless the color scheme of the attached buoy is the same as the colorscheme that is on file with the license application and displayed on the boatused by that person, or unless that person is duly licensed and possesseswritten permission from the rightful owner of the pot, trap, or other device.

   (c) The Rhode Island marine fisheries council has theauthority to promulgate regulations requiring the tagging of lobster traps. Thedirector of the department of environmental management is authorized topromulgate regulations which establish a fee for official state lobster traptags. Any fee collected by the department will be retained by the agencysubject to § 20-2-28.2 to be used for the exclusive purpose of producingand distributing the trap tags and, if necessary, supporting other lobsterfishery management measures, including enforcement of the trap tag program;provided, however, that: (1) the department shall not establish a fee to coverany cost other than the cost of trap tags without first obtaining arecommendation from an advisory committee in accordance with subsection (d);and (2) the department shall report to the general assembly regarding the needfor the fee to cover any additional cost in accordance with subsection (d).

   (d) The department shall create an advisory committeecomposed of five (5) members of the lobster industry that utilize trap tags.The director or his or her designee will serve on the committee and act aschairperson. The committee will formulate recommendations on the expenditure ofthe funds derived from the tagging program. The department shall prepare anannual report for submittal to the general assembly which summarizes the statusof the lobster management and trap tag program, management actions, programneeds, and catch and effort data, and which provides an itemized listing of allprogram expenses. This report shall be available to the public and provided toeach commercial fishing organization in the state.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-20 > Chapter-20-7 > 20-7-11-1

SECTION 20-7-11.1

   § 20-7-11.1  Lobster pots – Tagging– Advisory committee. – (a) Each and every pot, trap, or other device used for the taking of lobstersor crabs in any of the waters of this state shall bear a color scheme on theattached buoy. Each applicant for a lobster license shall state the colorscheme that he or she desires to use. These colors, unless disapproved by thedirector of environmental management, shall be stated in the license, and allbuoys used by the licensee shall be marked accordingly. Each licensee shallcause his or her color scheme to be displayed on any lobster boat used by thelicensee in the waters of this state. Those colors shall be painted on the portand starboard sides of the hull in a section not less than one foot (1')square, or a clearly painted buoy shall be set at the highest point on the boatexcluding the mast and be visible for three hundred sixty degrees (360°).The buoy or colors must be prominently displayed on the vessel at all timesthat lobster gear fished under that license is in the water.

   (b) No person shall place, set, lift, raise, unduly disturb,draw in, or transfer any pot, trap, or other device used for the taking oflobsters unless the color scheme of the attached buoy is the same as the colorscheme that is on file with the license application and displayed on the boatused by that person, or unless that person is duly licensed and possesseswritten permission from the rightful owner of the pot, trap, or other device.

   (c) The Rhode Island marine fisheries council has theauthority to promulgate regulations requiring the tagging of lobster traps. Thedirector of the department of environmental management is authorized topromulgate regulations which establish a fee for official state lobster traptags. Any fee collected by the department will be retained by the agencysubject to § 20-2-28.2 to be used for the exclusive purpose of producingand distributing the trap tags and, if necessary, supporting other lobsterfishery management measures, including enforcement of the trap tag program;provided, however, that: (1) the department shall not establish a fee to coverany cost other than the cost of trap tags without first obtaining arecommendation from an advisory committee in accordance with subsection (d);and (2) the department shall report to the general assembly regarding the needfor the fee to cover any additional cost in accordance with subsection (d).

   (d) The department shall create an advisory committeecomposed of five (5) members of the lobster industry that utilize trap tags.The director or his or her designee will serve on the committee and act aschairperson. The committee will formulate recommendations on the expenditure ofthe funds derived from the tagging program. The department shall prepare anannual report for submittal to the general assembly which summarizes the statusof the lobster management and trap tag program, management actions, programneeds, and catch and effort data, and which provides an itemized listing of allprogram expenses. This report shall be available to the public and provided toeach commercial fishing organization in the state.