Commercial Marine Fishing Licenses, Landing Permits, and Party and Charter Licenses


250-RICR-90-00-2 ACTIVE RULE

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2.1Purpose

2.2Authority

2.3Application

2.4Severability

2.5Superseded Rules and Regulations

2.6Definitions

2.7Commercial Fishing Licenses

2.8Landing Permits

2.9Party and Charter Licenses


Title 250 Department of Environmental Management
Chapter 90 Marine Fisheries
Subchapter 00 N/A
Part 2 Commercial Marine Fishing Licenses, Landing Permits, and Party and Charter Licenses
Type of Filing Amendment
Regulation Status Active
Effective 07/01/2022

Regulation Authority:

R.I. Gen. Laws Chapters 42-17.1
20-2.1
and 20-2.2
R.I. Gen. Laws § 20-1-4 and in accordance with R.I. Gen. Laws Chapter 42-35

Purpose and Reason:

 1.  Re-organization of the rule for improved organization, readability, clarity, and flow. The majority of the rule remains unchanged except for clarifications and changes to sections numbering, except for the following: 


· Section 2.7.1(B):  This exemption was added to rule for clarification and is consistent with § 20-4-1. No new net change results from this additional language


· Section 2.7.3:  New license and endorsement types added consistent with amended statute § 20-2.1-4, 2.1-5, and 2.1-6.  “Commercial Fishing License” and “Principal Effort License” eliminated from rule consistent with statute.  New license types “Standard Resident License,” and “Standard Non-Resident License” added. No changes to Multipurpose, Student Shellfish, and Sixty-five and Over Shellfish licenses.

o   “Restricted Finfish Endorsement” eliminated; now is “Unlimited Finfish Endorsement”.  Fees amended consistent with amended statute

o  “Lobster Endorsement” and “Non-lobster Crustacean Endorsement” eliminated; these are now “Unlimited Crustacean Endorsement” and “Limited Crustacean Endorsement”.  Fees amended consistent with amended statute

o   “Quahaug”, “Soft-shell Clam”, and “Whelk” Endorsements eliminated.  These species will all now available for harvest under the new “Unlimited Shellfish Endorsement”.  Eligibility criteria and availability of licenses criteria, all currently different for each species (i.e., exit:entry ratio of 1:1 for the Quahaug Endorsement and 5:1 for the SS Clam endorsements; possession of Quahaug or SS Clam Endorsement required to be eligible for a Whelk Endorsement) must now be amended to reflect this change.  The proposal is to provide for an exit:entry ratio of 1:1 for the Unlimited Shellfish Endorsement. Fee amended consistent with amended statute.  


·     “Floating Fish Trap Endorsement” is being removed from the rule consistent with being removed from statute.  The Floating Fish Trap permit requirements, including eligibility and other regulations as identified in Part 6, remain unchanged.  The permit fee remains unchanged.


·     License and fishery endorsement fees:  Fees have been amended consistent with the amended statute. 


·     Landing Permit types and fees have been amended consistent with changes to statute § 20-2.1-7.


·     Section 2.10 “Party and Charter Licenses” added to rule consistent with statute § 20-2-27.1.  The reporting requirements formerly located in “Data Reporting” section have been relocated to this section.


·     Former section 2.7.6(C)(4): These license types are being eliminated under the new structure.  Under the new structure, persons who previously held a CFL/PEL with Quahaug endorsement, which were exempted from the license fee, will be issued a Standard license with Unlimited Shellfish endorsement for 2023, which is a fee based license.  Over-65 Shellfish license (quahaug only) remains a free open access license


NOTE:  No new licenses or endorsements will be made available until January 1, 2023 (other than “transfers”), as the application period for a new 2022 license/endorsement will have passed upon effective date of this filing.  These proposed changes, which align the regulations with the newly amended legislation will be followed by the typical annual licensing regulatory cycle (i.e. workshop, hearing, Council meeting) beginning in late summer upon conclusion of this regulatory filing.