RHODE ISLAND MARINE FISHERIES REGULATIONS Part 3 Finfish


250-1841 INACTIVE RULE

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Title 250 Rhode Island Department of Environmental Management
Chapter XXX Old Regulations Which Were Not Assigned Chapter-Subchap-Part
Subchapter XX Old Regulations Which Were Not Assigned Chapter-Subchap-Part
Part 1841 RHODE ISLAND MARINE FISHERIES REGULATIONS Part 3 Finfish
Type of Filing Amendment
Regulation Status Inactive
Effective 08/29/2017 to 10/16/2017

Regulation Authority:

Title 20, Chapters 42-17.1, 42-17.6, and 42-17.7, and in accordance with Chapter 42-35-18(b)(5), Administrative Procedures Act of the Rhode Island General Laws of 1956, as amended.

Purpose and Reason:

1. Proposal # 1a. – section 3.14.1 – recreational black sea bass: Proposal was to reduce the possession limit for compliance with federal Fisheries Management Plan (FMP). This FMP was recently revised reverting back to the higher possession limit, thereby abdicating the need to amend the regulations as proposed. 2. Proposal # 1b. - section 3.21 – commercial monkfish possession limit: Proposal was to modify the commercial monkfish possession limit. 3 options were presented at hearing TESTIMONY AND COMMENTS (for not adopting a proposed rule): Proposal #1a was proposed due to changes in the federal Fisheries Management Plan (FMP) that governs state regulations. This FMP was recently amended again to allow states to remain at current limits, thereby making the proposal moot. Remaining at current possession limits is desired by the fishing community. For proposal #1b, commercial monkfish, option 1 was selected for adoption by the Director based on comments and recommendations of the Divisions of Marine Fisheries and Enforcement. While testimony was provided in support of option 2, the RI Marine Fisheries Council recommended to pare back this weekly limit from 4,900 lbs tail weight/2,324 lbs. whole weight to 3,500 lbs tail/11,620 lbs whole per vessel per week, which was not desired or fully vetted by industry. Industry was not opposed to option 1, but preferred an aggregate possession limit. Option 3 was not selected due to difficulty with enforcement, and may be re-visited at such time when software is developed that will aid in reporting. TESTIMONY AND COMMENTS (for not adopting a proposed rule): No testimony or comments were provided to not adopt each of the proposed rules CHANGES TO TEXT (between proposed and final rule): For proposal 1a, the regulations will remain as is, with no changes adopted. For proposal 1b, option 1 is to be adopted, however the final whole weight number to be adopted has been changed due to conversion factor used in the FMP for monkfish. Proposed poundage = 2,324 lbs; final adopted poundage = 2,037. This is compliant with the federal FMP. Signed by Director on August 8, 2017