Rhode Island 2023 Regular Session

Rhode Island House Bill H5778 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5778
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7	7	LC001882
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
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13	13
14	14	A N A C T
15	15	RELATING TO FISH AND WILDLIFE – COMMERCIAL FISHING LICENSES
16	16	Introduced By: Representatives McEntee, Fogarty, Bennett, Edwards, Caldwell, Dawson,
17	17	Finkelman, Sanchez, J. Lombardi, and Vella-Wilkinson
18	18	Date Introduced: February 22, 2023
19	19	Referred To: House Environment and Natural Resources
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 20-2.1-5 of the General Laws in Chapter 20-2.1 entitled "Commercial 1
24	24	Fishing Licenses" is hereby amended to read as follows: 2
25	25	20-2.1-5. Resident licenses, endorsements, and fees. 3
26	26	The director shall establish, as a minimum, the following types of licenses and 4
27	27	endorsements set forth in this section. In addition, the director may establish any other classes and 5
28	28	types of licenses and endorsements, consistent with the provisions of this chapter and with adopted 6
29	29	management plans that may be necessary to accomplish the purposes of this chapter: 7
30	30	(1) Types of licenses. 8
31	31	(i) Standard resident commercial fishing license. Rhode Island residents shall be eligible 9
32	32	to obtain a standard resident commercial fishing license; the license shall allow the holder to engage 10
33	33	in commercial fishing in fisheries sectors dictated by the fishery endorsement(s) associated with 11
34	34	the license. Fishery endorsements shall be established by the department consistent with fishery 12
35	35	management plans developed pursuant to this chapter. 13
36	36	(ii) Multipurpose license. All multipurpose purpose license holders as of December 31 of 14
37	37	the immediately preceding year shall be eligible to obtain a multipurpose license that shall allow 15
38	38	the holder to engage in commercial fishing in all fisheries sectors. 16
39	39	(iii) Student shellfish license. A resident twenty-three (23) years or younger shall pay fifty 17
40	40	dollars ($50.00) for a student commercial license to take shellfish upon provision of proof of full-18
41	41	time student status. An individual qualified to obtain a license must submit an application to the 19
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44	44	LC001882 - Page 2 of 5
45	45	department of environmental management no later than June 30; a license application shall be 1
46	46	deemed valid if submitted to the department prior to the close of regular office hours on June 30 or 2
47	47	if postmarked by June 30. 3
48	48	(iv) Over sixty-five (65) shellfish license. A resident sixty-five (65) years of age and over 4
49	49	shall be eligible for a shellfish license to shellfish commercially and there shall be no fee for this 5
50	50	license. 6
51	51	(v) Multipurpose vessel license. Any multipurpose license holder shall be eligible to 7
52	52	obtain a multipurpose vessel license that shall allow the vessel owner to designate any operator to 8
53	53	engage in commercial fishing for all marine species aboard their owned vessel, provided the vessel 9
54	54	owner has consigned a multipurpose fishing license to the department. The department may then 10
55	55	re-issue the consigned multipurpose fishing license to the commercially declared fishing vessel as 11
56	56	a multipurpose vessel license. The director has the authority to limit the number of multipurpose 12
57	57	vessel licenses issued annually by rule. The fee for a multipurpose vessel license shall be one 13
58	58	thousand dollars ($1,000). 14
59	59	(2) Fees. 15
60	60	(i) Standard resident commercial fishing license. 16
61	61	(A) Standard resident commercial fishing license plus one limited fishery endorsement: 17
62	62	The fee shall be one hundred fifty dollars ($150). 18
63	63	(B) Standard resident commercial fishing license plus two limited fishery endorsements: 19
64	64	The fee shall be two hundred dollars ($200). 20
65	65	(C) Standard resident commercial fishing license plus three limited fishery endorsements: 21
66	66	The fee shall be two hundred fifty dollars ($250). 22
67	67	(D) Standard resident commercial fishing license plus one unlimited fishery endorsement: 23
68	68	The fee shall be three hundred dollars ($300). 24
69	69	(E) Standard resident commercial fishing license plus one unlimited fishery endorsement 25
70	70	and one limited fishery endorsement: The fee shall be three hundred fifty dollars ($350). 26
71	71	(F) Standard resident commercial fishing license plus two unlimited fishery endorsements: 27
72	72	The fee shall be three hundred seventy-five dollars ($375). 28
73	73	(G) Standard resident commercial fishing license plus one unlimited fishery endorsement 29
74	74	and two limited fishery endorsements: The fee shall be four hundred dollars ($400). 30
75	75	(H) Standard resident commercial fishing license plus two unlimited fishery endorsements 31
76	76	and one limited fishery endorsement: The fee shall be four hundred twenty-five dollars ($425). 32
77	77	(ii) Multipurpose license: The fee shall be four hundred fifty dollars ($450). 33
78	78	(3) Vessel declaration and fees. 34
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82	82	(i) The department shall require the owner and/or the operator of a commercial fishing 1
83	83	vessel to declare the vessel on the owner/operator’s commercial fishing license. The declaration 2
84	84	shall be made at the time of initial license issuance and each renewal, or prior to the vessel being 3
85	85	used for commercial fishing by the owner and/or operator if the first usage of the vessel for 4
86	86	commercial fishing occurs during the course of a year after the license has been issued or renewed. 5
87	87	If the declaration is for a vessel of less than twenty-five feet (25′) in length, the declaration shall be 6
88	88	transferable to another vessel less than twenty-five feet (25′) in length, provided the vessel is 7
89	89	identified as a commercial fishing vessel while it is being used for commercial fishing by displaying 8
90	90	a plate as provided in § 20-2.1-4. 9
91	91	(ii) The annual fee for each vessel declaration shall be twenty-five dollars ($25.00) for the 10
92	92	first twenty-five feet (25′) or under, plus fifty cents ($0.50) per foot for each whole foot over 11
93	93	twenty-five feet (25′); this declaration fee shall entitle the holder to a decal. The holder of a valid 12
94	94	decal for twenty-five feet (25′) in length or under may obtain a plate from the department for display 13
95	95	on a vessel twenty-five feet (25′) in length that is being used temporarily for commercial fishing; 14
96	96	the annual fee for a plate shall be fifteen dollars ($15.00). 15
97	97	(4) Gear endorsements and fees. 16
98	98	(i) Gill net endorsements. A person who holds a multipurpose license, or a vessel with a 17
99	99	multipurpose vessel license, is also eligible to apply for a commercial gill net endorsement in 18
100	100	accordance with the provisions of this section. The fee for a commercial gill net endorsement shall 19
101	101	be twenty dollars ($20.00). Applicants who possessed a gill net endorsement as of the immediately 20
102	102	preceding year may obtain a gill net endorsement for the immediately following year. New gill net 21
103	103	endorsement opportunities shall be established by the department by rule, pursuant to applicable 22
104	104	management plans. 23
105	105	(ii) Other endorsements. The department may establish by rule any endorsements that 24
106	106	may be necessary or appropriate to effectuate the purposes of this chapter and facilitate 25
107	107	participation in a specific fishery; the fee for such endorsement shall not be greater than two 26
108	108	hundred dollars ($200). This endorsement shall be issued only in a manner consistent with the 27
109	109	general requirements of this chapter, including specifically those governing residency. 28
110	110	(5) New licenses. 29
111	111	(i) Eligibility. For new standard resident commercial fishing and multipurpose licenses, 30
112	112	priority shall be given to applicants who have held a commercial fishing license for two (2) years 31
113	113	or more; applicants with military service; and applicants who have completed a department 32
114	114	authorized commercial fishing training program, with preference to family members and crew 33
115	115	members of a license holder who is retiring his or her license. 34
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119	119	(ii) Priority or preference applicants. A new license shall be granted to 1
120	120	priority/preference applicants who have acquired a vessel and/or gear from a license holder who 2
121	121	has retired a license, provided, that as the result of any such transaction, for each license retired, 3
122	122	not more than one new license may be granted, nor may the nominal effort, including the total 4
123	123	number of licenses, in a fishery subject to effort controls or catch restrictions be increased. 5
124	124	(iii) Availability of new or additional licenses. New standard resident commercial fishing 6
125	125	and multipurpose licenses that increase the total number of licenses in the fishery may be made 7
126	126	available by rule consistent with management plan for issuance effective January 1, in any year, 8
127	127	based on status of resource and economic condition of fishery. Priority for new licenses shall be 9
128	128	given to Rhode Island residents. 10
129	129	(6) Retirement of licenses. Issuance of a commercial fishing license shall not be deemed 11
130	130	to create a property right such that the license can be sold or transferred by the license holder; 12
131	131	fishing licenses shall be surrendered to the state upon their nonrenewal, forfeiture, or revocation. 13
132	132	(7) Issuance of temporary operator permits in cases of medicalhardship. The 14
133	133	department shall make available, as necessary, temporary operator permits to provide solely for the 15
134	134	continued operation of a fishing vessel upon the determination of medical hardship of a license 16
135	135	holder who has actively fished. Temporary operator permits shall be subject at a minimum to the 17
136	136	conditions and restrictions that applied to the license holder. 18
137	137	(8) Issuance of new licenses to family members in cases of medical incapacity. Upon 19
138	138	determination of medical incapacity, an actively fished license may be surrendered to the 20
139	139	department for the purpose of the concurrent issuance of a new license to a resident family member. 21
140	140	(9) Issuance of new licenses upon the sale of a commercial fishing business. Upon the 22
141	141	sale of a commercial fishing business, as defined by rule, a new license may be issued to the buyer 23
142	142	upon the surrender of the seller’s license to the department for the purpose of the concurrent 24
143	143	issuance of a new license. 25
144	144	(10) Transfer of vessels and gear. Vessels and gear may be sold, transferred, or disposed 26
145	145	at the sole discretion of the owner; provided, however, that the subsequent level of use of the gear 27
146	146	may be restricted in Rhode Island waters in order to accomplish the purposes of a duly adopted 28
147	147	management plan or other duly adopted program to reduce effort. 29
148	148	SECTION 2. This act shall take effect upon passage. 30
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150	150	LC001882
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155	155	EXPLANATION
156	156	BY THE LEGISLATIVE COUNCIL
157	157	OF
158	158	A N A C T
159	159	RELATING TO FISH AND WILDLIFE – COMMERCIAL FISHING LICENSES
160	160	***
161	161	This act would repeal the insurance of multipurpose vessel licenses. 1
162	162	This act would take effect upon passage. 2
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