L'espace de travail IA pour les professionnels du droit
Essai gratuit de 14 jours (10 questions/jour pendant l'essai)
title-20•Title 20 — Fish and Wildlife
(a) The general assembly finds that the animal life inhabiting the lands of the state, its lakes, ponds, streams, and rivers, and the marine waters within its territorial jurisdiction, are a precious, renewable, natural resource of the state that, through application of enlightened management techniques, can be developed, preserved, and maintained for the beauty and mystery that wild animals bring to our environment.
(b) The general assembly further finds that the management of fish and wildlife through the establishment of hunting and fishing seasons; the setting of size, catch, possession, and bag limits; the regulation of the manner of hunting and fishing; and the establishment of conservation policies should be pursued utilizing modern scientific techniques, having regard for the fluctuations of species populations, the effect of management practices on fish and wildlife, and the conservation and perpetuation of all species of fish and wildlife.
History of Section. P.L. 1981, ch. 197, § 3.
The general assembly hereby vests in the director of the department of environmental management authority and responsibility over the fish and wildlife of the state and over the fish, lobsters, shellfish, and other biological resources of marine waters of the state.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2001, ch. 304, § 1.
(a) When used in this title, the following words and phrases shall have the following meanings, unless the context indicates another meaning:
(1) “Bushel” means a standard U.S. bushel, 2,150.4 cubic inches capacity;
(2) “Commercial fishing” means to take, harvest, hold, transport, load, or off-load, marine species for sale or for intended sale;
(3) “Hinge width” means the distance between the convex apex of the right shell and the convex apex of the left shell;
(4) “Land or landing” means to off-load seafood products, including, but not limited to, finfish, shellfish, and crustaceans, for sale or intended sale, or to secure a vessel with the seafood products on board to a shoreside facility where the products may be off-loaded for sale or intended sale;
(5) “Nonresident landowner” means a nonresident citizen of the United States and owner of real estate in Rhode Island as evidenced by deed filed in the recorder of deeds office in a Rhode Island town or city hall;
(6) “Peck” means one fourth (¼) of a bushel;
(7) “Person” means an individual, corporation, partnership, or other legal entity;
(8) “Possession” means the exercise of dominion or control over the resource commencing at the time at which a decision is made not to return the resource to the immediate vicinity from which it was taken. The decision must be made at the first practical opportunity. In the case of aquaculture crops, “possession” means the exercise of dominion or control over cultured crops commencing at the time that a decision is made not to return the crops to the lease or facility from which they were taken. The decision must be made at the first practical opportunity, taking into consideration the management practices set forth in the approved operational plan;
(9) “Quart” means one thirty-second (1/32) of a bushel;
(10) “Resident” means an individual who has had his or her actual place of residence and has lived in the state of Rhode Island for a continuous period of not less than six (6) months.
(b) When used in this title, the following common names shall mean the animals designated by the following scientific names:
Alewife — Pomolobus or Alosa pseudoharengus
Bay quahaug — Mercenaria mercenaria
Bay scallop — Argopecten irradians
Blue crab — Callinectes sapidus
Blue mussel — Mytilus edulis
Conch/channel whelk — Busycon canaliculatum
Conch/nob whelk — Busycon carica
Deer — white-tailed deer, Odocoileous virginianus
Eel — Anguilla rostrata
Green crabs — Carcinus maenas
Jonah/northern crab — Cancer borealis
Lobster — Homarus americanus
Menhaden — Brevoortia tyrannus
Ocean quahaug — Arctica islandica
Oyster — Crassostrea virginica, Ostrea edulis
Rock crab — Cancer irroratus
Sea scallop — Placopecten magellanicus
Smelt — Osmerus mordax
Soft shell clam — Mya arenaria
Striped bass — Morone saxatilis
Surf clam or sea clam — Spisula solidissima.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1988, ch. 165, § 1; P.L. 1998, ch. 78, § 1; P.L. 2002, ch. 47, § 1.
The director is authorized to promulgate, adopt, and enforce any and all rules and regulations deemed necessary to carry out duties and responsibilities under this title.
History of Section. P.L. 1981, ch. 197, § 3.
The director, and the director’s authorized agents, employees, and designees, shall protect the wild birds, wild animals, fisheries, and shellfisheries throughout the state and shall administer and enforce the provisions of this title, and the rules and regulations adopted pursuant to this title, and shall prosecute violations of these laws and rules and regulations.
History of Section. P.L. 1981, ch. 197, § 3.
The director, in exercising authority under this title for the planning, management, and regulation of marine fisheries, shall request and consider in the record as applicable the advice of the marine fisheries council, and shall provide a written response to such advice of the marine fisheries council.
History of Section. P.L. 2004, ch. 359, § 1; P.L. 2023, ch. 281, § 1, effective June 22, 2023; P.L. 2023, ch. 282, § 1, effective June 22, 2023.
The director shall appoint any number of conservation officers that he or she may deem necessary for the detection and prosecution of any violations of the laws of this state enumerated in § 20-1-8. The director may delegate any and all of his or her powers and duties to each of these conservation officers who shall serve at the director’s pleasure.
History of Section. P.L. 1981, ch. 197, § 3.
The director may appoint any number of deputy wardens that he or she may deem necessary. The deputy wardens shall not be authorized to carry pistols or revolvers, but shall be authorized to detect violators of the laws of this state enumerated in § 20-1-8. This detection shall be reported to the director who may proceed with the prosecution. Deputy wardens shall be given an identification badge by the director and shall serve at the director’s pleasure.
History of Section. P.L. 1981, ch. 197, § 3.
(a) The director and each conservation officer shall have the power:
(1) To enforce all laws, rules, and regulations of this state pertaining to:
(i) Fish, wildlife, and all vertebrates, invertebrates, and plants;
(ii) Freshwater wetlands, dams, and resources;
(iii) Areas and activities subject to the jurisdiction of the coastal resources management council;
(iv) State parks, reservations, management areas, hatcheries, game preserves, any law of the state within state parks, lands cooperatively managed, facilities that host official department events, and properties leased by the department;
(v) Solid and hazardous waste transportation, storage, and disposal and any other laws of the state regarding solid and/or hazardous wastes;
(vi) Boating safety, water safety, and drowning prevention;
(vii) Water and air pollution and open burning;
(viii) Firearms;
(ix) Littering;
(x) Trees and forests, forestry, and protection of forests from fire hazards and trespass;
(xi) Agriculture, farmland, and pest control; and
(xii) All-terrain vehicles, as defined in § 31-3.2-1(8).
(2) To issue summonses and to execute all warrants and search warrants for the violation of the laws, rules, and regulations enumerated in subsections (a)(1) or (a)(9);
(3) To serve subpoenas issued for the trial or hearing of all offenses against the law, rules, and regulations enumerated in subsections (a)(1) or (a)(9);
(4) To arrest, without a warrant, any person found violating any law, rule, or regulation enumerated in subsection (a)(1), take that person before a court of competent jurisdiction, and detain that person in custody at the expense of the state until arraignment, except when a summons can be issued in accordance with § 12-7-11;
(5) To seize and take possession of all fish, shellfish, crustaceans, marine mammals, amphibians, reptiles, birds, and mammals in possession, or under control of, any person or that have been shipped, or are about to be shipped, at any time, in any manner, or for any purpose contrary to the laws of this state, and dispose of them at the discretion of the director;
(6) To seize all fishing tackle, firearms, shooting and hunting paraphernalia, hunting, fishing, or trapping licenses, traps, decoys, tongs, bullrakes, dredges, or other implements or appliances used in violation of any law, rule, or regulation relating to fish, shellfish, crustaceans, marine mammals, amphibians, reptiles, birds, and mammals, or any equipment, materials, tools, implements, samples of substances, or any other item used in the violation of any other law, rule, or regulation enumerated in subsection (a)(9), when making an arrest as found in the execution of a search warrant, and hold the seized item or items at the owner’s expense until the fine and costs imposed for the violation have been paid in full;
(7)(i) To go on board any boat or vessel engaged, or believed to be engaged, in fishing and examine any fishing, shellfish, scallop, lobster, multipurpose, or other license issued under this title;
(ii) To go on board any boat or vessel engaged, or believed to be engaged, in fishing and to inspect that boat or vessel for compliance with the provisions of this title and any rules relative to the taking of fish, shellfish, crustaceans, marine mammals, amphibians, and reptiles. In the absence of probable cause to believe that a crime relative to the taking of these marine species has been, or is being, committed, any evidence obtained as the result of a boarding (other than for the purpose of examining a license) or of an inspection may not be used in a criminal prosecution;
(8) To carry firearms or other weapons, concealed or otherwise, in the course of, and in performance of, the duties of office; and
(9) To arrest without a warrant, to execute all warrants and search warrants, and to make and execute complaints within any district to the justice or clerk of the district court without recognizance or surety against any person for the following criminal offenses:
(i) Assault;
(ii) Assault with a dangerous weapon;
(iii) Larceny;
(iv) Vandalism;
(v) Obstructing officer in execution of duty.
(b) Conservation officers shall be deemed “officer” within the meaning of § 11-32-1.
(c) It shall be a misdemeanor punishable by a fine of not more than five hundred dollars ($500) or imprisonment for not more than thirty (30) days, or both, for any person to refuse to move or to stop on an oral command or order of a conservation officer when the officer is acting in the performance of the officer’s duties.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1986, ch. 214, § 1; P.L. 1989, ch. 542, § 30; P.L. 2007, ch. 102, § 1; P.L. 2007, ch. 106, § 1; P.L. 2014, ch. 419, § 1; P.L. 2014, ch. 460, § 1.
(a) Any vessel, boat, fishing tackle, guns, shooting and hunting paraphernalia, traps, decoys, or any other implements, appliances, or equipment used in violation of any law, rule, or regulation relating to fish and wildlife, that, by provision of any section of this title, is subject to forfeiture to the state, shall be seized pursuant to § 20-1-8(a)(6) and forfeited under the provisions of this section.
(b) The attorney general shall proceed pursuant to §§ 12-21-23 — 12-21-32, to show cause why the vessel, boat, fishing tackle, guns, shooting and hunting paraphernalia, traps, decoys, or any other implements, appliances, or equipment used in the knowing and willful violation of any law, rule, or regulation relating to fish and wildlife that, by provision of any section of this title, is subject to forfeiture to the state, may be forfeited to the use of or the sale of the department on producing due proof that the vessel, fishing tackle, guns, shooting and hunting paraphernalia, traps, decoys, or any other implements, appliances, or equipment was used in this violation.
(c) Whenever property is forfeited under this section and the specific provision of this title requiring forfeiture for a particular offense, the department may:
(1) Retain the property for official use; or
(2) Sell any forfeited property that is not required by this title to be destroyed and that is not harmful to the public; but the proceeds of this sale, after first deducting the amount sufficient for all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, and advertising and court costs, shall be paid to the general treasurer for the use of the state.
History of Section. P.L. 1981, ch. 197, § 3.
The general assembly shall annually appropriate any sum that it may deem necessary to patrol and police the shellfish grounds; check the licenses of fishermen; protect the scallop areas; collect animal specimens; execute special work incidental to the lobster and other shellfisheries; and enforce the provisions of chapter 22 of title 46, this sum to be expended under the direction of the director of the department of environmental management for the purpose of maintaining and operating patrol boats and their crews. The controller is hereby authorized and directed to draw orders upon the general treasurer for the payment of the sum, or sums, as may be required from time to time, upon the receipt by the controller of proper vouchers approved by the director.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2017, ch. 451, § 23.
(a) Every person operating a boat or vessel in Rhode Island territorial waters who fails to immediately heave-to upon a shouted command or a flare fired into the air from a marine patrol boat operated by the department of environmental management and carrying the identification “Department of Environmental Management, State of Rhode Island” shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500).
(b) Every person who, while aboard a boat or vessel in Rhode Island territorial waters that has been ordered to heave-to upon shouted command or a flare fired into the air from a marine patrol boat operated by the department of environmental management and carrying the identification “Department of Environmental Management, State of Rhode Island”, dumps, destroys, or throws anything from the vessel or boat shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500).
History of Section. P.L. 1981, ch. 197, § 3.
It shall be the duty of the attorney general to conduct the prosecution of all court proceedings brought by the director as requested by the director.
History of Section. P.L. 1981, ch. 197, § 3.
(a) The director is authorized to adopt regulations fixing seasons, bag limits, size limits, possession limits, and methods of taking on any species of fish, game, bird, or other wild animal occurring within the state.
(1) These regulations may prohibit the taking, holding, or possession of any species; prohibit the taking, molestation, or disturbance in any way of nesting, breeding, or feeding sites of any species; and/or prohibit, control, or regulate any commercial use, importation into the state, or exportation from the state of any species.
(2) These regulations may be of statewide applicability or may be applicable in any specified locality, or localities, within the state when the director shall find, after investigation, that the regulations are appropriate.
(b) Any person who violates any provision of this section, or any rule or regulation made under the provisions of this section, shall be guilty of a civil violation and subject to a fine of one hundred dollars ($100) for each offense.
(c) Notwithstanding any inconsistent provision of law, the traffic tribunal shall have jurisdiction to hear and determine all violations specified in this section.
(d) The regulations shall be adopted only after the holding of a public hearing subject to the provisions of the Administrative Procedures Act, chapter 35 of title 42.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1993, ch. 372, § 1; P.L. 2007, ch. 253, § 3; P.L. 2007, ch. 294, § 3; P.L. 2023, ch. 281, § 1, effective June 22, 2023; P.L. 2023, ch. 282, § 1, effective June 22, 2023.
(a) In accordance with regulatory programs promulgated pursuant to the Administrative Procedures Act, chapter 35 of title 42; and pursuant to the exemption afforded by § 42-35-18(b)(5); and notwithstanding the provisions of chapter 35.1 of title 42, the director shall have the authority to modify possession limits and seasons in order to meet the harvest allocation for a given marine species managed under a quota.
(b) Notification of changes to public. For all such changes identified in subsection (a) of this section, the director shall provide notification via a dedicated phone line, electronic notification to dealers, listserv, and website posting. At least three (3) of these notifications shall occur a minimum of forty-eight (48) hours prior to the date that the change is to be effective.
(c) Record of change. For all such changes identified in subsection (a) of this section, the director shall certify the record of the change, maintain the record, and make it available for public inspection.
History of Section. P.L. 2015, ch. 170, § 1; P.L. 2015, ch. 193, § 1.
Notice of the director’s intention to adopt regulations pursuant to § 20-1-12 and the holding of a public hearing on these regulations shall be published in at least one newspaper of general statewide circulation, not less than twenty (20) days prior to the date of the public hearing. These regulations shall remain in effect not longer than one year following the date of their effectiveness.
History of Section. P.L. 1981, ch. 197, § 3.
The director may make suitable rules and regulations governing fishing in Wallum Lake in Burrillville and Central Pond and the James V. Turner Reservoir in East Providence, and for this purpose, may confer with the Division of Fisheries and Wildlife in the department of Natural Resources of the commonwealth of Massachusetts concerning the fishing privileges of residents of Massachusetts in those bodies of water.
History of Section. P.L. 1981, ch. 197, § 3.
The director of environmental management, and each duly authorized employee of that department, may, in the discharge of duties under this title, enter upon and pass over private property without liability for trespass. If feasible, the employee shall give notice to the property owner.
History of Section. P.L. 1981, ch. 197, § 3.
(a) Unless otherwise specifically provided, the violation of any law or rule or regulation relating to wild animals, wild birds, lobsters and fish, marine, freshwater and anadromous fisheries and shellfisheries shall be a misdemeanor, punishable by a fine of not more than five hundred dollars ($500), or imprisonment for up to ninety (90) days, or both.
(b) Striped bass penalties. Any person, firm, or corporation shall be fined in accordance with the following schedule:
(1) First offense. Upon conviction, not less than one hundred dollars ($100) for each striped bass taken, possessed, sold or possessed, and/or offered for sale and imprisonment for up to ninety (90) days, or both.
(2) Second offense. Upon conviction, not less than two hundred dollars ($200) for each striped bass taken, possessed, sold or possessed, and/or offered for sale and imprisonment for up to ninety (90) days, or both; and any boat, fishing tackle or other implements used in violation shall be subject to forfeiture to the state.
(3) Third and subsequent offenses. Upon conviction, not less than five hundred dollars ($500) for each striped bass taken, possessed, sold or possessed, and/or offered for sale and imprisonment for up to ninety (90) days, or both; and any boat, fishing tackle or other implements used in this violation shall be subject to forfeiture to the state.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2011, ch. 357, § 1; P.L. 2011, ch. 369, § 1.
The director may cooperate with the fish and wildlife commissioners or other similar bodies or agencies of other states in carrying out the purpose of this title.
History of Section. P.L. 1981, ch. 197, § 3.
Notwithstanding any other restriction or prohibition set forth in this title or in §§ 11-47-20 and 11-47-51, the director is authorized to issue special permits for the taking, handling, and/or possession of any species of wild animal, of any size, age, and numbers as may be appropriate to persons for the purpose of study or management of wildlife populations, carrying out scientific experiments, and cultivation projects for which the director has responsibility. The director may require an applicant to provide any information that the director deems necessary to ascertain that there is scientific or ecological value in a bona fide experiment or project request. Failure to abide by the provisions of any permit, or failure to report any information required by the director, shall be cause for suspension or revocation of the permit.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1986, ch. 209, § 1; P.L. 2014, ch. 496, § 1; P.L. 2014, ch. 517, § 1.
If and when the states of New York and Connecticut and the commonwealth of Massachusetts, or any of them, shall enact similar laws for the arrest and punishment for violations of the conservation or fish laws of this state or the state so enacting the similar law, committed, or attempted to be committed, by any person, or persons, fishing in waters lying between the states, any wildlife protector, fish warden, or other person of either state who is authorized to make arrests for violations of the conservation or fish laws of that state shall have power and authority to make arrest on any part of the waters between the states, or the shores thereof, and to take any person, or persons, so arrested for trial to the state in which the violation was committed and there to prosecute the person, or persons, according to the laws of that state.
History of Section. P.L. 1981, ch. 197, § 3.
When deemed necessary to carry out the director’s duties under this title, the director may require that reports detailing hunt, catch, effort, and other data be provided to the director by any person who hunts or fishes in this state or who lands his or her catch in this state. These individual reports and other data shall remain confidential and may only be disseminated to the public or persons outside the department in a statistical format.
History of Section. P.L. 1981, ch. 197, § 3.
(a) The following fees shall be established and paid to the department of environmental management for issuance of the following special permits:
Ferret Permit $10.00
Scientific Collector’s Permit $25.00
(b) Any fees collected under authority of this section shall be deposited into restricted receipt accounts established by this title, as appropriate to the type of special permit issued, and shall be used only for the authorized purposes of the restricted receipt accounts. The accounts include, but are not limited to: fishing license account, hunting license account, wildlife fund.
(c) The divisions of fish and wildlife and marine fisheries shall be authorized to establish fees for reference, educational, and souvenir-type materials provided upon request to interested parties. Those materials include, but are not limited to: surveys, guides, maps, posters, reference and educational booklets and materials, and articles of clothing. No fee shall be required for any materials describing or implementing any licensing or regulatory authority of the divisions. Any fees collected under authority of this section shall be deposited as general revenues.
History of Section. P.L. 1993, ch. 138, art. 13, § 1; P.L. 1995, ch. 370, art. 40, § 54; P.L. 2001, ch. 274, § 1; P.L. 2017, ch. 191, § 2; P.L. 2017, ch. 242, § 2.
The provisions of this title shall be interpreted and construed liberally in aid of its declared purpose. If any provision of any of the chapters in this title, or any rule or regulation issued under this title, is held invalid by a court of competent jurisdiction, the remainder of the title and rules and regulations shall not be affected, but shall be construed in such a way as to give all the provisions of this title full and valid effect to the fullest extent consistent with the law. The invalidity of any section or parts of any section shall not affect the validity of the remainder of this title.
History of Section. P.L. 1981, ch. 197, § 3.
[Reserved]
(a) For purposes of this section, “wildlife population” includes, but is not limited to: deer, indigenous Canadian geese, mute swans, cormorants, wild turkeys, crows, coyotes, and furbearers.
(b) The department of environmental management shall establish a program of financial assistance to farmers, when state or federal funds become available, for the purpose of establishing preventive practices to protect damage to crops by wildlife. The director of the department is authorized and empowered to establish rules and regulations to enforce the provisions of this section.
History of Section. P.L. 2002, ch. 402, § 1.
(1) “Internet hunting” means the use of the internet to remotely control the shooting of any bird or animal.
(2) No person shall shoot at or kill any bird or animal with any gun via an internet connection in Rhode Island.
(3) No person shall import, export, or possess any bird or animal, or any part thereof, that has been taken by the use of the internet to remotely control the shooting of any bird or animal.
(4) Violations of this section shall be a misdemeanor, punishable by a fine of not more than five hundred dollars ($500), or imprisonment for up to ninety (90) days, or both.
History of Section. P.L. 2006, ch. 594, § 1.
(a) No person shall import, transport, disperse, distribute, introduce, sell, purchase, or possess in the state any species of non-native (exotic) freshwater invasive aquatic plants, as defined by the director. The director shall promulgate rules and regulations governing the prohibition and its applicability. The prohibition and its enforcement shall not become effective until the rules and regulations governing the prohibition and its applicability take effect.
(b) Violations of this section shall be punishable by a fine of not more than five hundred dollars ($500).
History of Section. P.L. 2008, ch. 74, § 1; P.L. 2008, ch. 344, § 1; P.L. 2012, ch. 188, § 1; P.L. 2012, ch. 194, § 1.
(a) No person shall release or liberate, by design or accident, any species of non-native (exotic) fish or invertebrate, as defined by the director, into the freshwater lakes, ponds, rivers, streams, or wetlands of the state. The director shall promulgate rules and regulations governing the prohibition and its applicability. The prohibition and its enforcement shall not become effective until the rules and regulations governing the prohibition and its applicability take effect.
(b) Violations of this section shall be punishable by a fine of not more than five hundred dollars ($500).
History of Section. P.L. 2011, ch. 166, § 1; P.L. 2011, ch. 182, § 1.
(a) No person shall import, transport, culture, or sell exotic species of baitfish, as specified by the director, in Rhode Island. The director shall promulgate rules and regulations governing the prohibition and its applicability. The regulations shall include a list of approved native baitfish and a list of prohibited non-native or exotic species. The prohibition and its enforcement shall not become effective until the rules and regulations governing the prohibition and its applicability take effect.
(b) Violations of this section shall be punishable by a fine of not more than five hundred dollars ($500).
History of Section. P.L. 2011, ch. 166, § 1; P.L. 2011, ch. 182, § 1.
(a) For the purpose of this section:
(1) “Shark” means any species of the subclass Elasmobranchii; it does not include smooth dogfish (smooth hounds), spiny dogfish, or species in the suborder Batoidea;
(2) “Shark fin” means the raw, dried, or otherwise processed detached fin or the raw, dried, or otherwise processed detached tail of a shark.
(b) Except as provided in this section, no person shall possess, sell, offer for sale, trade, or distribute a shark fin.
(c) A person who holds a license or permit to take or land sharks may separate a shark fin from a lawfully landed shark during the ordinary course of preparing the body of the shark for consumption, sale, trade, or distribution; provided, however, that a shark fin so separated from the shark shall be immediately destroyed unless used by the person for the purposes of taxidermy and subsequent display.
(d) The director of the department of environmental management may issue a permit for the possession of a shark fin to a person conducting noncommercial, scientific research.
(e) Any shark fin seized by the director of the department of environmental management, or the director’s agents, through the enforcement of this section shall be destroyed.
(f) Any person who violates the provisions of this section shall be punished by a fine of not less than five hundred ($500) dollars, nor more than one thousand ($1,000) dollars, or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment; provided, however, that each shark fin possessed, sold, offered for sale, traded, or distributed in violation of this section shall constitute a separate offense. Provided further, a violation of this section by a person holding a commercial or recreational license or permit pursuant to this chapter shall result in the suspension or revocation of such license or permit.
History of Section. P.L. 2016, ch. 66, § 1; P.L. 2016, ch. 70, § 1.
Notwithstanding the provisions of this title, the electors of the town of New Shoreham may, in a town meeting called for that purpose, enact any ordinances to protect and to regulate the taking of shellfish and other fish in Great Salt Pond, and may impose penalties for violations of these ordinances not exceeding a fine of two hundred dollars ($200) and three (3) months’ imprisonment for any one offense.
History of Section. P.L. 2023, ch. 281, § 8, effective June 22, 2023; P.L. 2023, ch. 282, § 8, effective June 22, 2023.
The director may issue those licenses required under this title for hunting, fishing, and the taking of fish, game, birds, shellfish, lobsters, or other wild animals within this state and its territorial waters, pursuant to those regulations that the director deems necessary to carry out the provisions of this title. The director may, in his or her discretion, appoint responsible citizens or corporations of the state, or of adjoining states, engaged in operating sporting goods stores to act as agents with authority to issue licenses in the manner and under the conditions as set forth below. Before an appointment shall occur, that citizen or corporation of the state or of adjoining states shall deliver to the director a bond with a surety company authorized to do business in the state of Rhode Island. The requirements and conditions of the bond shall be established by regulation.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1994, ch. 253, § 1.
[Repealed]
History of Section. P.L. 1995, ch. 228, § 1; P.L. 2000, ch. 102, § 1; P.L. 2001, ch. 58, § 1; P.L. 2002, ch. 47, § 2; Repealed by P.L. 2004, ch. 8, § 1, effective April 30, 2004; P.L. 2004, ch. 16, § 1, effective May 25, 2004.
Any person or corporation appointed by the director as provided in § 20-2-1 shall, upon the application of any person entitled to receive a license under this chapter and upon payment of the specified license fee, register and issue to that person a license, either printed or displayed electronically on a mobile device, so long as the certificate provides all of the information requested in the data fields identified by the department. The certificate shall bear the name, age, occupation, place of residence, signature, and identifying description of the registrant and shall authorize the registrant to fish or shellfish, or to pursue, hunt, and kill game in the state of Rhode Island during those seasons and in those manners and according to those conditions, as shall be provided by law; provided, however, that these authorized agents shall not have authority to issue lobster, commercial shellfish, or commercial fishing licenses of any kind.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1998, ch. 441, § 14; P.L. 2016, ch. 130, § 1; P.L. 2016, ch. 136, § 1; P.L. 2018, ch. 317, § 1; P.L. 2018, ch. 350, § 1.
The expiration date of any license issued pursuant to this chapter shall be stamped on the license and not handwritten.
History of Section. P.L. 1988, ch. 278, § 2.
Every city and town clerk or agent appointed under this chapter shall record all licenses issued under this chapter in books kept for that purpose, one coupon of which shall be retained in his or her record. The books shall be supplied by the department; shall remain the property of the state; shall be open to public inspection during the usual office hours of the clerk or appointee; and shall be subject at all times to audit and inspection by the director, by the director of administration, or by the agents of either. Each of these clerks or appointees shall, on the first Monday of every month, pay to the department all moneys received by the clerk or appointee for the registrations issued during the month preceding, except for recording fee, together with a receipted bill for fees retained in accordance with § 20-2-4, and shall, within thirty (30) days succeeding January first of each year, return to the department all registration books and unused and void certificates. The director shall pay the money received to the general treasurer with a list of the number and kind of registrations recorded by each city and town clerk or agent during the month.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2017, ch. 451, § 24.
Out of the fees paid under the provisions of this chapter for issuance of hunting, other than deer permits pursuant to § 20-2-18, fishing, combination, and nonresident shellfishing licenses, the sum of one dollar ($1.00) shall be retained by the authorized agent issuing each license, if this is the case. Out of the fees paid for issuance of deer permits, the sum of fifty cents ($.50) shall be retained by the authorized agent. Authorized agents are any persons, including a municipality, who have currently been granted authority by the director to sell hunting and fishing licenses pursuant to chapter 2 of title 20, in compliance with the governing regulations that have been duly promulgated by the director.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2002, ch. 65, art. 13, § 16; P.L. 2016, ch. 130, § 1; P.L. 2016, ch. 136, § 1.
The director is authorized and directed to engage the contractual services of a state-approved vendor to develop and implement a web-based system that will serve as a means for obtaining licenses pursuant to this chapter. The vendor’s responsibilities shall include, but not be limited to:
(1) Development of the web-based application;
(2) Creation and servicing of authorized licensing agents who will be able to vend licenses at their establishments;
(3) Collection and transmittal of license fee revenues;
(4) Storage and transmittal of the license holder database; and
(5) Authority to sell hunting and fishing licenses.
History of Section. P.L. 2016, ch. 130, § 3; P.L. 2016, ch. 136, § 3.
(a) Whoever loses, or by a mistake or accident destroys, his or her certificate of a commercial marine fisheries license may, upon application to the department accompanied by an affidavit fully setting forth the circumstances of the loss, receive a duplicate certificate for the remainder of the year covered by the original certificate for a fee of ten dollars ($10.00) for each duplicate license.
(b) Whoever loses, or by mistake or accident destroys, his or her certificate of a noncommercial license may, upon application to the department accompanied by an affidavit fully setting forth the circumstances of loss, receive a duplicate certificate for the remainder of the year covered by the original certificate for a fee of two dollars ($2.00).
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1992, ch. 133, art. 17, § 1.
All moneys derived from payments received from freshwater fishing, hunting, and combination licenses and permits in accordance with the provisions of this chapter shall be deposited with the general treasurer and are appropriated to the department for the protection and propagation of fish and game; and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of any sum, or sums, as may be necessary, from time to time, upon receipt by him or her of duly authenticated vouchers presented by the director of environmental management; provided, however, nothing in this section shall be construed to deprive the city and town clerks and agents of their recording fees. The sum of two dollars ($2.00) from the sale of each license and permit shall be placed in a special fund for the acquisition, stewardship, and development of fish and wildlife lands.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2014, ch. 258, § 1; P.L. 2014, ch. 318, § 1.
The moneys received under § 20-2-6 are to be used for the following specific purposes:
(1) Leasing and purchase of land and rights-of-way to streams and ponds to be stocked with fish by the department and to be opened to public fishing;
(2) For stream improvement;
(3) For the enforcement of fish and game laws;
(4) For the protection and propagation of fish and game; and
(5) For the leasing and purchase of land or acquisition of conservation easements for the purpose of creating wildlife reservations and protecting wildlife habitats.
History of Section. P.L. 1981, ch. 197, § 3.
[Repealed]
History of Section. P.L. 1992, ch. 133, art. 17, § 2; P.L. 1993, ch. 138, art. 13, § 2; Repealed by P.L. 1998, ch. 441, § 15, effective July 22, 1998.
Any person who willfully makes a false representation as to birthplace or requirements of identification or of other facts required in an application for license under this chapter, or is any way directly or indirectly a party to such a false representation, shall be punished by a fine of not more than fifty dollars ($50.00). A license obtained by any person through such a false representation shall be null and void, and the license shall be surrendered immediately to the director. No license shall be issued under this title to this person for a period of one year from the date of conviction.
History of Section. P.L. 1981, ch. 197, § 3.
Every person holding a license issued under this chapter shall have that license in his or her possession at all times while engaged in the licensed activity and shall present the license for inspection on demand by any authorized person. In the case of freshwater fishing, the licensee shall wear in any manner plainly visible upon the licensee’s person while fishing, an identifying device as the director may prescribe, the device to be furnished by the director at a minimum cost to the licensee. Any person who shall refuse to present a license on demand shall be liable to the same punishment as if that person were hunting or fishing without a license.
History of Section. P.L. 1981, ch. 197, § 3.
No license issued under this chapter shall be valid until endorsed by the licensee in his or her own handwriting.
History of Section. P.L. 1981, ch. 197, § 3.
Unless otherwise provided in this title, a license issued to a person under this chapter shall be good only for the person to whom it is issued; and any transfer or loan of the license shall be grounds for revocation or suspension of that license pursuant to § 20-2-13.
History of Section. P.L. 1981, ch. 197, § 3.
Every person entitled to a license under this chapter shall file an application with the director, or the director’s authorized agent, or any city or town clerk, properly sworn to, stating the name, age, occupation, place of residence, nationality, weight, height, and color of hair and eyes of the applicant for whom the license is wanted and pay the fees as provided in this chapter. All licenses issued under this chapter shall be valid only for the calendar year of issuance, unless otherwise specified in this title or in the rules and regulations adopted pursuant to this title.
History of Section. P.L. 1981, ch. 197, § 3.
The license of any person who has violated the provisions of this title or the rules and regulations issued pursuant to this title may be suspended or revoked by the director in any manner and for any period as the director shall determine by regulation. Any person aggrieved by an order of suspension or revocation may appeal this order in accordance with the provisions of the Administrative Procedures Act, chapter 35 of title 42.
History of Section. P.L. 1981, ch. 197, § 3.
Unless otherwise specified in this title, all licenses issued under this title shall be annual and shall expire on December 31 of every year.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1998, ch. 242, § 1; P.L. 2001, ch. 58, § 1; P.L. 2004, ch. 8, § 2; P.L. 2004, ch. 16, § 2.
(a)(1) Resident: twenty-one dollars ($21.00); commencing July 1, 2025, twenty-four dollars ($24.00); commencing July 1, 2028, twenty-seven dollars ($27.00).
(2) Nonresident: thirty-eight dollars ($38.00); commencing July 1, 2025, forty-one dollars ($41.00); commencing July 1, 2028, forty-four dollars ($44.00).
(3) Nonresident tourist: eighteen dollars ($18.00); commencing July 1, 2025, twenty dollars ($20.00); commencing July 1, 2028, twenty-two dollars ($22.00). This license shall entitle the licensee to fish in Rhode Island for three (3) consecutive days including the day of issue.
(b) Freshwater fishing licenses shall expire on the last day of February of each year.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1986, ch. 549, § 1; P.L. 1996, ch. 288, § 1; P.L. 2002, ch. 65, art. 13, § 16; P.L. 2021, ch. 162, art. 7, § 2, effective July 1, 2021.
(a)(1) Resident: twenty-one dollars ($21.00); commencing July 1, 2025, twenty-four dollars ($24.00); commencing July 1, 2028, twenty-seven dollars ($27.00).
(2) Nonresident: fifty-five dollars ($55.00); commencing July 1, 2025, sixty-five dollars ($65.00); commencing July 1, 2028, seventy-five dollars ($75.00).
(3) Nonresident landowner: a nonresident citizen of the United States and owner of real estate in Rhode Island assessed for taxation at a valuation of not less than thirty thousand dollars ($30,000) may obtain a resident’s hunting license.
(4) Shooting preserve: three dollars and fifty cents ($3.50).
(5) Nonresident three (3) day: twenty dollars ($20.00). This license shall entitle the licensee to hunt in Rhode Island for three (3) consecutive days as validated by the issuing agent.
(6) Resident junior hunting license: fourteen dollars ($14.00).
(7) Nonresident junior hunting license: forty dollars ($40.00).
(b) Hunting licenses shall expire on the last day of February of each year.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1986, ch. 549, § 1; P.L. 1996, ch. 288, § 1; P.L. 2002, ch. 65, art. 13, § 16; P.L. 2021, ch. 162, art. 7, § 2, effective July 1, 2021.
The annual license fee for operating a shooting preserve shall be twenty-five dollars ($25.00).
History of Section. P.L. 1982, ch. 30, § 2.
The director may grant to any eligible resident applying for a combination hunting and fishing license a license that shall entitle the licensee to the privileges of both hunting and fishing licenses, for a fee of thirty-eight dollars ($38.00); commencing July 1, 2025, forty-three dollars ($43.00); commencing July 1, 2028, forty-eight dollars ($48.00). The license shall expire on the last day of February of each year.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1986, ch. 549, § 1; P.L. 2002, ch. 65, art. 13, § 16; P.L. 2021, ch. 162, art. 7, § 2, effective July 1, 2021.
(a)(1) Resident: thirteen dollars ($13.00); commencing July 1, 2025, fourteen dollars ($14.00); commencing July 1, 2028, fifteen dollars ($15.00).
(2) Nonresident: twenty-six dollars and fifty cents ($26.50); commencing July 1, 2025, twenty-seven dollars and fifty cents ($27.50); commencing July 1, 2028, twenty-eight dollars and fifty cents ($28.50).
(b) A deer permit is good only for the season in which it is issued.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1996, ch. 288, § 1; P.L. 2002, ch. 65, art. 13, § 16; P.L. 2021, ch. 162, art. 7, § 2, effective July 1, 2021.
(a) No person shall attempt to take any wild turkey without first obtaining a regular hunting license and a turkey permit for the current year. Permits shall be sold at the direction of the director for a fee of eight dollars ($8.00) for residents and twenty-one dollars and fifty cents ($21.50) for nonresidents. Commencing July 1, 2025, permits shall be sold for a fee of nine dollars ($9.00) for residents and twenty-three dollars ($23.00) for nonresidents. Commencing July 1, 2028, permits shall be sold for a fee of ten dollars and fifty cents ($10.50) for residents and twenty-four dollars and fifty cents ($24.50) for nonresidents. The issuing agent may retain a fee of fifty cents ($.50) for each permit and shall remit the remainder to the department.
(b) A wild turkey permit shall be good only for the season in which it is issued.
(c) All monies derived by the department from the sale of wild turkey permits shall be expended for turkey habitat acquisition in Rhode Island and wild turkey restoration management and research.
History of Section. P.L. 2002, ch. 65, art. 13, § 17; P.L. 2021, ch. 162, art. 7, § 2, effective July 1, 2021.
No person shall attempt to take any stocked game bird without first obtaining a regular hunting license and a stocked game bird permit for the current year.
History of Section. P.L. 2002, ch. 65, art. 13, § 17; P.L. 2011, ch. 330, § 1; P.L. 2011, ch. 403, § 1.
Permits shall be sold at the direction of the director for a fee of seventeen dollars ($17.00). Commencing July 1, 2025, the fee for a permit shall be eighteen dollars and fifty cents ($18.50). Commencing July 1, 2028, the fee for a permit shall be twenty-one dollars ($21.00). The issuing agent will retain a fee of fifty cents ($0.50) for each permit and shall remit the remainder to the department. The permit will allow the person to harvest a daily bag and season limit as described in regulations promulgated by the director. All monies derived by the department from the sale of stocked game bird permits shall be expended for stocking game birds and wildlife habitat acquisition in Rhode Island.
History of Section. P.L. 2002, ch. 65, art. 13, § 17; P.L. 2011, ch. 330, § 1; P.L. 2011, ch. 403, § 1; P.L. 2021, ch. 162, art. 7, § 2, effective July 1, 2021.
The fee for a commercial minnow license shall be twenty dollars ($20.00). The license is valid only during the season in which it is issued.
History of Section. P.L. 1981, ch. 197, § 3.
[Repealed]
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1983, ch. 173, § 1; P.L. 1987, ch. 445, § 1; P.L. 1992, ch. 133, art. 17, § 1; Repealed by P.L. 2002, ch. 47, § 3, effective January 1, 2003.
[Repealed]
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1992, ch. 133, art. 17, § 1; Repealed by P.L. 2002, ch. 47, § 3, effective January 1, 2003.
(a) Every nonresident over the age of twelve (12) years may obtain a nonresident, noncommercial annual shellfish license for a fee of two hundred dollars ($200).
(b) A nonresident may obtain one noncommercial limited license per calendar year covering fourteen (14) days, including the date of issue, for eleven dollars ($11.00).
(c) A nonresident must obtain a shellfish landing license, for a fee of two hundred dollars ($200), to land shellfish (surf clams, blue mussels, ocean quahaugs, sea scallops) harvested outside Rhode Island waters.
(d) A nonresident landowner, as defined in § 20-1-3(a)(5), who owns residential real estate in Rhode Island assessed for taxation at a valuation of not less than thirty thousand dollars ($30,000) may, with proof of residential property ownership in the form of a current tax bill from a town or city hall showing that the nonresident landowner is current in his or her property tax obligation, obtain an annual, noncommercial, nonresident shellfish license for a fee of twenty-five dollars ($25.00).
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1988, ch. 278, § 1; P.L. 1992, ch. 133, art. 17, § 1; P.L. 1998, ch. 78, § 2.
[Repealed]
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1992, ch. 133, art. 17, § 1; Repealed by P.L. 2002, ch. 47, § 3, effective January 1, 2003.
(a) Noncommercial pot: forty dollars ($40.00). The license is issued only to a legal resident of the state of Rhode Island.
(b) Noncommercial divers: forty dollars ($40.00). The license is issued only to a legal resident of the state of Rhode Island.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1988, ch. 230, § 1; P.L. 1988, ch. 398, § 1; P.L. 1992, ch. 133, art. 17, § 1; P.L. 2002, ch. 47, § 2.
[Repealed]
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1985, ch. 325, § 1; P.L. 1992, ch. 133, art. 17, § 1; Repealed by P.L. 2002, ch. 47, § 3, effective January 1, 2003.
[Repealed]
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1982, ch. 30, § 1; P.L. 1992, ch. 133, art. 17, § 1; Repealed by P.L. 2002, ch. 47, § 3, effective January 1, 2003.
[Repealed]
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1984, ch. 305, § 1; P.L. 1992, ch. 133, art. 17, § 1; Repealed by P.L. 2002, ch. 47, § 3, effective January 1, 2003.
[Repealed]
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1988, ch. 230, § 1; P.L. 1988, ch. 398, § 1; P.L. 1992, ch. 133, art. 17, § 1; P.L. 2001, ch. 58, § 1; Repealed by P.L. 2002, ch. 47, § 3, effective January 1, 2003.
(a) All party and charter vessels carrying recreational passengers to take or attempt to take marine species upon the navigable state and coastal waters of Rhode Island shall be required to obtain a Rhode Island party and charter vessel license. The annual fee shall be one hundred dollars ($100) for a resident of Rhode Island and shall be three hundred dollars ($300) for a nonresident. All licensed party and charter vessels shall be required to display a party and charter vessel decal provided by the department. To obtain a license, the owner of a qualified vessel must submit:
(1) A current copy of the operator’s United States Coast Guard license to carry passengers for hire;
(2) A current copy of the vessel’s “Certificate of Documentation” certifying that the vessel is documented “Coastwise,” or if the vessel is under five (5) net tons, a copy of the vessel’s state registration;
(3) Proof that the operator and crew are currently enrolled in a random drug testing program that complies with the federal government’s 46 C.F.R. § 16.101 et seq. “Drug Testing Program” regulations; and
(4) A signed license application form certifying that the vessel is and will be operated in compliance with all state and federal safety regulations for the vessel.
(b) Rhode Island party and charter vessel licenses shall expire on the last day of December every year.
History of Section. P.L. 1998, ch. 54, § 1; P.L. 2017, ch. 451, § 24; P.L. 2021, ch. 162, art. 7, § 3, effective July 6, 2021.
[Repealed]
History of Section. P.L. 2001, ch. 58, § 3; Repealed by P.L. 2002, ch. 47, § 3, effective January 1, 2003.
[Repealed]
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1992, ch. 133, art. 17, § 1; P.L. 2001, ch. 58, § 1; Repealed by P.L. 2002, ch. 47, § 3, effective January 1, 2003.
[Repealed]
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1992, ch. 133, art. 17, § 1; Repealed by P.L. 2002, ch. 47, § 3, effective January 1, 2003.
In any fiscal year, moneys generated from license fees and vessel fees, provided for in §§ 20-2-22 and 20-2-24 and chapter 2.1 of this title, over and above the sum of two hundred thousand dollars ($200,000) through June 30, 2003, and on or after July 1, 2003, the full amount shall be deposited with the general treasurer and appropriated to the department of environmental management. The state controller is authorized and directed to draw orders upon the general treasurer for payment of any sum, or sums, as may be necessary, from time to time, upon receipt by him or her of duly authenticated vouchers presented by the director of environmental management. The moneys received under this section, consistent with an annual plan for the allocation and use of said funds adopted by the department with the advice of the marine fisheries council, are to be used only for the purpose of fishery conservation and restoration and resource enhancement, a minimum of two hundred thousand dollars ($200,000) for the fiscal year beginning July 1, 2003, and each fiscal year thereafter, and for the following specific purposes:
(1) For protection and propagation of marine fish, lobsters, and shellfish;
(2) For additional enforcement of the marine fishery regulations;
(3) For transplanting shellfish from closed areas or enhancing the shellfish resource through other technologies including seeding;
(4) For fishing port development and construction;
(5) For staff support of, and expenses incurred by, the marine fisheries council;
(6) For lease and purchase of land or acquisition of conservation easements; and
(7) For technical support to, and expenses incurred by, the department for the collection, processing, analysis, and maintenance of data for fisheries management.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1982, ch. 188, art. 4, § 1; P.L. 1992, ch. 133, art. 17, § 1; P.L. 2002, ch. 47, § 2.
(a) Artificial propagation and sale of live game: twenty-five dollars ($25.00).
(b) Raising game for liberation: five dollars ($5.00).
(c) Sale of carcasses of domestic game birds: twenty-five dollars ($25.00).
History of Section. P.L. 1981, ch. 197, § 3.
(a)(1) Fur trapper — Resident: fifteen dollars ($15.00); commencing July 1, 2025, twenty dollars ($20.00); commencing July 1, 2028, twenty-five dollars ($25.00).
(2) Fur trapper — Nonresident: fifty dollars ($50.00); commencing July 1, 2025, seventy-five dollars ($75.00); commencing July 1, 2028, one hundred dollars ($100.00).
(b) Fur trapper and fur licenses expire on the last day of March of each year.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2015, ch. 141, art. 20, § 16; P.L. 2021, ch. 162, art. 7, § 2, effective July 1, 2021.
(a) Every valid license to hunt or fish in this state that is held by any resident of this state upon joining the armed forces or the merchant marine of the United States is hereby extended and is in force and valid until six (6) months following the termination of his or her service.
(b) Every member of the armed forces or of the merchant marine of the United States may hunt or fish in this state if that person procures a hunting or fishing license issued by the state of Rhode Island, the fee for which is that charged for a resident civilian.
(c) Every man or woman who was a part of the armed forces of the United States government and is now a one hundred percent (100%) disabled veteran, and any man or woman who is one hundred percent (100%) permanently disabled, is entitled, subject to the provisions of this title, to receive a license to hunt or fish or both in this state; and upon the presentation of his or her necessary military discharge identification or disability papers or both, as prescribed by the department of environmental management, shall, at the discretion of the licensing authority, receive, without the payment of any license fee, a continuing special form of license authorizing the man or woman to hunt or fish or both in this state in accordance with the provisions of this title and regulations issued pursuant to this title for so long as he or she so desires; provided, however, that the man or woman, having once made application for this license, shall not again be required to appear before the licensing authority to present his or her papers.
(d) A freshwater fishing license is not required of any blind person. For the purposes of this section, a person is blind only if his or her central visual acuity does not exceed 20/200 in the better eye with correcting lenses or if his or her visual acuity is greater than 20/200 but is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees (20°).
(e) Every resident man or woman over the age of sixty-five (65) years is entitled, subject to the provisions of this title and the regulations issued pursuant to this title, to receive a special permanent license to hunt or fish or both in this state for which there is no fee.
(f) Any man or woman who is one hundred percent (100%) permanently disabled may apply to receive a license to fish in this state, and upon presentation of a proof of his or her disability as prescribed by the department of environmental management, receive, without the payment of any license fee, a continuing special form of license authorizing the man or woman to fish in this state for so long as he or she so desires; provided, however, that the man or woman, having once made application for this license, shall not again be required to appear before the licensing authority to present his or her papers.
(g) The director may, by regulation, designate no more than two (2) days in each year, which may or may not be consecutive, during which residents and nonresidents may, without having a license and without payment of any fee, exercise the privileges of a holder of a freshwater fishing license. These persons are subject to all other limitations, restrictions, conditions, laws, rules, and regulations applicable to the holder of a freshwater fishing license.
(h) For the purpose of this section, “man or woman who is one hundred percent (100%) permanently disabled” means an individual who has a physical or mental impairment and is receiving:
(1) Social Security Disability Insurance Benefits (SSDI);
(2) Supplemental Security Income benefits (SSI).
All licenses that are issued to persons who qualify pursuant to this subsection shall be issued without the requirement of the payment of a fee and shall expire annually on February 28 of each year. Persons seeking the issuance or reissuance of licenses shall be required to present documentation establishing that the applicant is qualified, or remains qualified, pursuant to this subsection.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1982, ch. 30, § 1; P.L. 1989, ch. 146, § 1; P.L. 1989, ch. 254, § 1; P.L. 1998, ch. 127, § 2; P.L. 2018, ch. 317, § 1; P.L. 2018, ch. 350, § 1; P.L. 2019, ch. 308, art. 2, § 5.
All persons granted a license under the provisions of this chapter are deemed to have consented to the reasonable inspection of any boat, vessel, net, rake, bullrake, tong, dredge, trap, pot, vehicle, structure, or other contrivance used regularly for the keeping or storage of fish, shellfish, crustaceans, or any game bag firearms, creel, box, locker, basket, crate, blind, stand, or hunting, fishing, or trapping paraphernalia used in conjunction with the licensed activity by persons duly authorized by the director.
History of Section. P.L. 1986, ch. 214, § 2; P.L. 1987, ch. 254, § 1.
Every person who falsely makes, alters, forges, or counterfeits, or who causes to be made, altered, forged, or counterfeited, a license issued under this title, or purporting to be a license issued under this title, or who shall have in his or her possession such a false, altered, forged, or counterfeit license, is guilty of a misdemeanor and is subject to the penalties prescribed in § 20-1-16.
History of Section. P.L. 1986, ch. 214, § 2.
As used in §§ 20-2-34 — 20-2-38:
(1) “Migratory waterfowl” means all waterfowl species in the family anatidae, including wild ducks, geese, brant, and swans.
(2) “Stamp” means the state migratory waterfowl hunting stamp furnished by the division of fish and wildlife as provided for in these sections.
History of Section. P.L. 1988, ch. 663, § 1; P.L. 1989, ch. 542, § 31.
No person sixteen (16) years of age or older shall take, or attempt to take, any migratory waterfowl without first obtaining a regular hunting license and a Rhode Island migratory waterfowl stamp for the current year. Each stamp shall be validated by the signature of the licensee written in ink across the face of the stamp and shall not be transferable. The stamp year shall run from July 1 to June 30. The migratory waterfowl stamp shall be available at all outlets currently used for the issuance of a hunting license.
History of Section. P.L. 1988, ch. 663, § 1; P.L. 2002, ch. 65, art. 13, § 16.
The director of the department of environmental management shall be responsible for the design, production, procurement, distribution, and sale of all stamps and all marketable stamp by-products such as posters, artwork, calendars, and other items.
History of Section. P.L. 1988, ch. 663, § 1.
(a) Stamps shall be sold at the direction of the director for a fee of eight dollars ($8.00). Commencing July 1, 2025, the fee for a stamp shall be nine dollars ($9.00). Commencing July 1, 2028, the fee for a stamp shall be ten dollars ($10.00). The issuing agent may retain a fee of fifty cents ($.50) for each stamp and shall remit the remainder of each fee to the department. The director shall establish a uniform sale price for all categories of by-products.
(b) [Deleted by P.L. 2002, ch. 65, art. 13, § 16.]
History of Section. P.L. 1988, ch. 663, § 1; P.L. 2002, ch. 65, art. 13, § 16; P.L. 2021, ch. 162, art. 7, § 2, effective July 1, 2021.
All waterfowl stamp receipts, and all receipts from the sale of stamp by-products, shall be deposited in a special waterfowl fund. All stamp and by-products receipts shall be expended through the appropriations process for waterfowl habitat, acquisition, improvement, and research projects.
History of Section. P.L. 1988, ch. 663, § 1.
The director is authorized to accept any grant, devise, bequest, donation, gift or assignment of money, bonds, or other valuable securities for deposit in the waterfowl fund, which may be accepted for specific use(s) that the grant and grantee may jointly identify within the purposes of the waterfowl fund, or for the general purposes of the fund. The director may also accept land as provided in § 20-18-1.
History of Section. P.L. 2002, ch. 65, art. 13, § 17.
As used in §§ 20-2-39 — 20-2-43, the following terms shall have the following meanings:
(1) “Stamp” means a Rhode Island trout conservation stamp issued by the division of fish and wildlife as provided for in § 20-2-41; and
(2) “Trout” means any fish species in the family salmonidae including all species of trout, salmon, and charr.
History of Section. P.L. 1992, ch. 133, art. 17, § 2.
No person fifteen (15) years of age or older shall take any trout without first obtaining a regular fishing license and a Rhode Island trout conservation stamp for the current year. Each stamp shall be validated by signature of the licensee written in ink across the face of the stamp, shall not be transferable, and shall be in his or her possession while engaged in the activity permitted under the terms of the license and stamp. The stamp year shall run from March 1 to the last day in February. The trout conservation stamp shall be available at all outlets currently used for the issuance of the fishing license.
History of Section. P.L. 1992, ch. 133, art. 17, § 2.
The director of the department of environmental management shall adopt and shall be responsible for the design, production, procurement, distribution, and sale of all trout conservation stamps and all marketable stamp by-products such as posters, artwork, calendars, and other items.
History of Section. P.L. 1992, ch. 133, art. 17, § 2.
Stamps shall be sold at the direction of the director for a fee of five dollars and fifty cents ($5.50). Commencing July 1, 2025, the fee for a stamp shall be six dollars ($6.00). Commencing July 1, 2028, the fee for a stamp shall be six dollars and fifty cents ($6.50). The issuing agent may retain a fee of fifty cents ($.50) for each stamp sold and shall remit the remainder of each fee to the department. The director shall establish uniform sale prices for all categories of by-products.
History of Section. P.L. 1992, ch. 133, art. 17, § 2; P.L. 2021, ch. 162, art. 7, § 2, effective July 1, 2021.
All trout conservation stamp receipts, and all receipts from the sale of stamp by-products, shall be deposited in a special trout conservation fund. All stamp and stamp by-products receipts shall be expended through the appropriations process for operations, trout habitat including acquisition, improvement research, and culture projects.
History of Section. P.L. 1992, ch. 133, art. 17, § 2.
In addition to any appropriation made pursuant to § 20-2-28.2, the general assembly shall appropriate from the general fund to the division of marine fisheries the amount it deems necessary for the purpose of maintaining a shellfish transplant program for the fiscal year ending June 30, 2000, and thereafter, the division of marine fisheries shall develop a sustainable shellfish management plan.
History of Section. P.L. 1999, ch. 468, § 1; P.L. 2017, ch. 191, § 3; P.L. 2017, ch. 242, § 3.
(a) Findings of fact. The general assembly hereby finds and declares the following:
(1) Oyster fishery has historically been important to Rhode Island for economic and ecosystem benefits;
(2) The Rhode Island oyster fishery has been in deep decline and is a fraction of its historical levels due to disease;
(3) The development of indigenous, disease-resistant oyster brood stock will assist in the restoration of the oyster population in Narragansett Bay;
(4) The plantings of indigenous, disease-resistant oyster shellfish seed stock will increase the Narragansett Bay’s oyster population and annual harvest; and
(5) An increase in oyster population will have a positive impact on the state’s economy and the overall health of Narragansett Bay and its ecosystem.
(b) Authority to solicit federal funds for oyster restoration. The general assembly hereby vests in the director of the department of environmental management, acting through the division of marine fisheries, authority and responsibility to solicit annual federal funding, including, but not limited to, funding from the United States departments of Interior, Agriculture and Commerce for purposes of developing, restoring, and maintaining both the oyster population and oyster habitats in and around Narragansett Bay.
(c) Program to achieve oyster restoration in Narragansett Bay. The director of the department of environmental management shall work in conjunction with the aquaculture coordinator located in the coastal resources management council to develop programs that address the declining oyster population in Narragansett Bay and which programs shall further promote the development, restoration, and maintenance of the oyster population and oyster habitats in and around Narragansett Bay, as set forth in this section.
History of Section. P.L. 2001, ch. 354, § 1; P.L. 2017, ch. 191, § 3; P.L. 2017, ch. 242, § 3.
(a) Any person may take the aquatic invasive species commonly known as green crabs, more specifically known as the species carcinis maenas.
(b) Rhode Island residents may be granted a commercial green crab license for a fee of ten dollars ($10.00) per season.
(c) The director is hereby authorized to promulgate regulations for the commercial green crab license.
History of Section. P.L. 2025, ch. 159, § 1, effective January 1, 2026; P.L. 2025, ch. 160, § 1, effective January 1, 2026.
The general assembly finds and declares:
(1) That the constitution of the state places plenary authority and responsibility in the general assembly to provide for the conservation of natural resources of the state, including its marine fisheries;
(2) That the state of Rhode Island has historically established programs to provide for and regulate harvesting, taking, landing, and selling marine finfish, crustaceans, and shellfish for the benefit of the people of the state;
(3) That federal government and regional entities have established, and continue to establish, regulatory programs, management measures, quotas, and restrictions that affect persons engaged in marine fisheries in Rhode Island, and that Rhode Island functions in whole or in part in the context of these federal and regional programs depending on the marine species;
(4) That the department of environmental management, in accordance with the requirements of § 20-3.1-7(1), has issued goals and principles pertaining to biological, socio-economic, and licensing and data collection issues that present;
(5) That the rights and interests of residents of Rhode Island to engage in fishing, including commercial fishing, need to be recognized and protected;
(6) That the rights and interests of persons engaged in commercial fishing are affected by fisheries management programs and allocations and need to be reported and be given consideration; and
(7) That Rhode Island’s statutes and programs for marine fisheries management and licensure developed over time and need to be brought up-to-date and made adaptable to changing conditions and circumstances.
History of Section. P.L. 2002, ch. 47, § 4.
The purposes of this chapter are, through a system of licensure that is clear, predictable, and adaptable to changing conditions, to:
(1) Preserve, enhance, and allow for any necessary regeneration of the fisheries of the state, for the benefit of the people of the state, as an ecological asset and as a source of food and recreation;
(2) Provide Rhode Islanders who wish to fish commercially the opportunity to do so and end the moratorium on issuance of new commercial fishing licenses so that new licenses may be issued for the year beginning January 1, 2003, and each year thereafter;
(3) Allow residents who have fished commercially to sell their vessels and gear in a manner that first, facilitates up-grading license levels among residents already in the fishery; that second, provides lateral movement among residents who are holders of commercial fishing licenses to other types of fishing; and that third, enables new entrants into new commercial fishing;
(4) Respect the interests of residents who fish under licenses issued by the state and wish to continue to fish commercially in a manner that is economically viable; provided, it is specifically not a purpose of this chapter to establish licensing procedures that eliminate the ability to fish commercially of any resident as of the date of enactment who validly holds commercial fishing license and who meets the application renewal requirements set forth herein;
(5) Preserve and enhance full-time commercial fishing, with a high degree of participation by owner-operated vessels, as a way of life and as a significant industry in Rhode Island;
(6) Establish principles, for a system of adaptive management, that shall be used by the department in licensure programs and fisheries management, which principles shall include:
(i) The foregoing purposes; and
(ii) As appropriate, necessary, and effective, the following measures:
(A) Regulation of the design and use of gear;
(B) Limitations on the amount of gear that may be used by a license holder;
(C) Restrictions on when and where commercial fishing may be done;
(D) Quotas and limitations on catch or landings; and
(E) Restrictions on the number of license holders;
(7) Provide a licensure system that facilitates data collection and management so that marine fisheries can be managed more efficiently and effectively. In accordance with this purpose, the system shall include a firm annual renewal deadline, as established herein, for the submittal of applications to renew licenses or obtain new licenses. An annual grace period, as established herein, shall allow fishermen an additional opportunity to renew their licenses from the immediately preceding year, subject to payment of a late fee; however, after the expiration of the grace period, there shall be no opportunity to appeal the denial of a commercial fishing license unless the applicant can show that the failure to apply during the grace period was due to documented medical hardship.
History of Section. P.L. 2002, ch. 47, § 4; P.L. 2004, ch. 8, § 3; P.L. 2004, ch. 16, § 3.
For the purposes of this chapter the following terms shall mean:
(1) “Activity standard” means a level of fishing participation used to establish criteria for the issuance of new licenses.
(2) “Commercial fisherman” means a natural person licensed to catch, harvest, or take marine species from the marine waters for sale.
(3) “Council” means the marine fisheries council established by chapter 3 of this title.
(4) “Crustaceans” means lobsters, crabs, shrimp, and for purposes of this chapter it also includes horseshoe crabs.
(5) “Director” means the director of the department of environmental management.
(6) “Family member” means a spouse, mother, father, brother, sister, child, or grandchild of the holder or transferor of a commercial fishing license.
(7) “Finfish” means cold-blooded aquatic vertebrates with fins, including fish, sharks, rays, skates, and eels and also includes, for the purposes of this chapter, squid.
(8) “Fisheries sectors” means and comprises crustaceans, finfish, and shellfish, as defined in this section, each of which shall singularly be considered a fishery sector.
(9) “Fishery endorsement” means the authorization for a license holder to participate in a designated fishery sector at a limited or unlimited level.
(10) “Grace period” means sixty (60) calendar days commencing the last day of February and shall only apply to renewals of licenses from the immediately preceding year.
(11) “Medical hardship” means a significant medical condition that renders an active licensed person unable to fish for a period in excess of fourteen (14) days, either as a result of the physical loss of function or impairment of a body part or parts, or debilitating pain. Demonstration of the medical hardship shall be in the form of a diagnosis and prognosis signed by a medical doctor (M.D. or O.D.).
(12) “Medical incapacity” means death or injury that renders an active license holder permanently unable to actively fish. Demonstration of medical incapacity shall be in the form of a death certificate, or a diagnosis and prognosis signed by a medical doctor (M.D. or O.D.).
(13) “Other endorsement” means the authorization for a license holder or vessel to participate in a designated activity.
(14) “Shellfish” means quahogs, clams, mussels, scallops, oysters, conches, and mollusks in general other than squid.
(15) “Student commercial fisherman” means a resident twenty-three (23) years of age or younger, licensed pursuant to this chapter, who is a full-time student.
History of Section. P.L. 2002, ch. 47, § 4; P.L. 2004, ch. 8, § 3; P.L. 2004, ch. 16, § 3; P.L. 2021, ch. 162, art. 7, § 4, effective July 6, 2021.
(a) Applicability. It shall be unlawful for any person in Rhode Island or the waters of the state: (1) To take, harvest, possess, hold, or transport for sale in Rhode Island any marine species without a license issued under the provisions of this title; provided, however, that marine species may be transported by a duly licensed dealer if the marine species have previously been sold by a duly licensed person; or (2) To engage in commercial fishing from a vessel unless the vessel has been declared a commercial fishing vessel as provided in § 20-2.1-5(3) and has a decal affixed to it or is displaying a plate.
(b) Validation of license. No license issued under this chapter shall be valid until signed by the licensee in his or her own handwriting.
(c) Transfer or loan of license. Unless otherwise provided for in this title, a license issued to a person under this chapter shall be good only for the person to whom it is issued and any transfer or loan of the license shall be grounds for revocation or suspension of that license pursuant to § 20-2-13.
(d) Reporting and inspections condition of license. All persons granted a license under the provisions of this chapter are deemed to have consented to the reporting requirements applicable to commercial fishing actively that are established pursuant to this title and to the reasonable inspection of any vessel, net, rake, bullrake, tong, dredge, trap, pot, vehicle, structure, or other contrivance used regularly for the keeping or storage of marine species, and any creel, box, locker, basket, crate, blind, fishing, or paraphernalia used in conjunction with the licensed activity by persons duly authorized by the director. The provisions of § 20-1-8(a)(7)(ii) shall apply to these inspections.
(e) Possession, inspection, and display of license. Every person holding a license issued under this chapter shall have that license in his or her possession at all times while engaged in the licensed activity and shall present the license for inspection on demand by any authorized person. Any person who shall refuse to present a license on demand shall be liable to the same punishment as if that person were fishing without a license.
(f) Application for license. Every person entitled to a license under this chapter shall file an application with the director, or the director’s authorized agent, properly sworn to, stating the name, age, occupation, place of residence, mailing address, weight, height, and color of hair and eyes of the applicant for whom the license is wanted and providing any other information that may be required pursuant to rule in order to effectuate the purposes of this chapter, and pay the fees as provided in this chapter. All licenses issued under this chapter shall be valid only for the calendar year of issuance, unless otherwise specified in this chapter or in the rules and regulations adopted pursuant to this chapter. If the person will be either the owner or the operator as provided in § 20-2.1-5(7) of a commercial fishing vessel, the person shall declare, on the application for each commercial fishing vessel, the vessel name, length, horsepower, state registration number or coast guard documentation number, federal permit number, and average projected crew size.
(g) Application deadline, grace period for renewals, and limitation on appeals after the deadlines. For commercial marine fishing licenses provided for in §§ 20-2.1-5 and 20-2.1-6, the following provisions shall apply:
(1) Unless otherwise specified in this chapter, an individual qualified to obtain a license must submit an application to the department of environmental management no later than the last day of February; a license application shall be deemed valid if submitted to the department prior to the close of regular office hours on the last day of February or if postmarked by the last day of February;
(2) Unless otherwise specified in this title, no new or renewed licenses shall be issued after the last day of February of each year, unless an applicant has submitted an application by the deadline required by this section;
(3) The department shall notify all license holders, in writing, regarding the December 31 expiration and the renewal deadline no later than November 1 of each year;
(4) For renewals of existing commercial marine fishing licenses that expire on December 31 of the immediately preceding year, there shall be a sixty-day (60) grace period from the renewal deadline; licenses issued during the grace period shall be subject to a late fee in the amount of two hundred dollars ($200) in addition to all other applicable fees;
(5) Except as provided for in subsection (g)(4) of this section or § 20-2.1-5(1)(iii), the department shall not accept any applications submitted after the last day of February; and
(6) There shall be no right to request an appeal to the department of environmental management’s administrative adjudication division (AAD) for the rejection of any new license applications submitted after the last day of February, or any license renewal applications submitted after the sixty-day (60) grace period. In the case of a documented medical condition that prevents a license applicant from meeting the application requirements, the license applicant has no more than one year after the expiration of a license to appeal to AAD. Demonstration of such medical condition shall be in the form of a diagnosis and prognosis signed by a medical doctor (M.D. or O.D.).
(h) Lost or destroyed licenses and duplicate licenses. Whoever loses, or by a mistake or accident destroys his or her certificate of a commercial marine fisheries license, may, upon application to the department accompanied by an affidavit fully setting forth the circumstances of the loss, receive a duplicate certificate license for the remainder of the year covered by the original certificate, for a fee of ten dollars ($10.00) for each duplicate license.
(i) Revocation of licenses.
(1) License revocation. The license of any person who has violated the provisions of this chapter, or rules adopted pursuant to the provisions of this chapter, or rules and regulations that pertain to commercial fishing and reporting issued pursuant to this title, may be suspended or revoked by the director as the director shall determine by regulation. Any person aggrieved by an order of suspension or revocation may appeal this order in accordance with the provisions of the administrative procedures act, chapter 35 of title 42.
(2) False statements and violations; cancellation of license. Any person who willfully makes a false representation as to birthplace or requirements of identification or of other facts required in an application for license under this chapter, or is otherwise directly or indirectly a party to a false representation, shall be punished by a fine of not more than fifty dollars ($50.00). A license obtained by any person through a false representation shall be null and void, and the license shall be surrendered immediately to the director. No license shall be issued under this title to this person for a period of one year from the date of imposition of a penalty under this section.
(3) False, altered, forged, or counterfeit licenses. Every person who falsely makes, alters, forges, or counterfeits, or who causes to be made, altered, forged, or counterfeited, a license issued under this chapter or title or purporting to be a license issued under this chapter or title, or who shall have in his or her possession such a license knowing it to be false, altered, forged, or counterfeit, is guilty of a misdemeanor and is subject to the penalties prescribed in § 20-1-16.
(j) Expiration. Unless otherwise specified in this title, all licenses issued under this chapter shall be annual and shall expire on December 31 of each year. It shall be unlawful for any person to fish commercially in Rhode Island waters on an expired license; and the application and grace periods set forth in subsections (g)(1) and (g)(4) above shall not extend the validity of any expired license.
(k) Notice of change of address. Whenever any person holding any commercial fishing license shall move from the address named in his or her last application, that person shall, within ten (10) days subsequent to moving, notify the office of boat registration and licensing of his or her former and current address.
History of Section. P.L. 2002, ch. 47, § 4; P.L. 2004, ch. 8, § 3; P.L. 2004, ch. 16, § 3; P.L. 2015, ch. 177, § 1; P.L. 2015, ch. 199, § 1; P.L. 2021, ch. 162, art. 7, § 4, effective July 6, 2021.
The director shall establish, as a minimum, the following types of licenses and endorsements set forth in this section. In addition, the director may establish any other classes and types of licenses and endorsements, consistent with the provisions of this chapter and with adopted management plans that may be necessary to accomplish the purposes of this chapter:
(1) Types of licenses.
(i) Standard resident c ommercial fishing license. Rhode Island residents shall be eligible to obtain a standard resident commercial fishing license; the license shall allow the holder to engage in commercial fishing in fisheries sectors dictated by the fishery endorsement(s) associated with the license. Fishery endorsements shall be established by the department consistent with fishery management plans developed pursuant to this chapter.
(ii) Multi purpose license. All multipurpose purpose license holders as of December 31 of the immediately preceding year shall be eligible to obtain a multipurpose license that shall allow the holder to engage in commercial fishing in all fisheries sectors.
(iii) Student shellfish license. A resident twenty-three (23) years or younger shall pay fifty dollars ($50.00) for a student commercial license to take shellfish upon provision of proof of full-time student status. An individual qualified to obtain a license must submit an application to the department of environmental management no later than June 30; a license application shall be deemed valid if submitted to the department prior to the close of regular office hours on June 30 or if postmarked by June 30.
(iv) Over sixty-five (65) shellfish license. A resident sixty-five (65) years of age and over shall be eligible for a shellfish license to shellfish commercially and there shall be no fee for this license.
(v) Multipurpose vessel license. Any multipurpose license holder shall be eligible to obtain a multipurpose vessel license that shall allow the vessel owner to designate any operator to engage in commercial fishing for all marine species aboard their owned vessel, provided the vessel owner has consigned a multipurpose fishing license to the department. The department may then re-issue the consigned multipurpose fishing license to the commercially declared fishing vessel as a multipurpose vessel license. The director has the authority to limit the number of multipurpose vessel licenses issued annually by rule. The fee for a multipurpose vessel license shall be one thousand dollars ($1,000).
(2) Fees.
(i) Standard resident commercial fishing license.
(A) Standard resident commercial fishing license plus one limited fishery endorsement: The fee shall be one hundred fifty dollars ($150).
(B) Standard resident commercial fishing license plus two limited fishery endorsements: The fee shall be two hundred dollars ($200).
(C) Standard resident commercial fishing license plus three limited fishery endorsements: The fee shall be two hundred fifty dollars ($250).
(D) Standard resident commercial fishing license plus one unlimited fishery endorsement: The fee shall be three hundred dollars ($300).
(E) Standard resident commercial fishing license plus one unlimited fishery endorsement and one limited fishery endorsement: The fee shall be three hundred fifty dollars ($350).
(F) Standard resident commercial fishing license plus two unlimited fishery endorsements: The fee shall be three hundred seventy-five dollars ($375).
(G) Standard resident commercial fishing license plus one unlimited fishery endorsement and two limited fishery endorsements: The fee shall be four hundred dollars ($400).
(H) Standard resident commercial fishing license plus two unlimited fishery endorsements and one limited fishery endorsement: The fee shall be four hundred twenty-five dollars ($425).
(ii) Multipurpose license: The fee shall be four hundred fifty dollars ($450).
(3) Vessel declaration and fees .
(i) The department shall require the owner and/or the operator of a commercial fishing vessel to declare the vessel on the owner/operator’s commercial fishing license. The declaration shall be made at the time of initial license issuance and each renewal, or prior to the vessel being used for commercial fishing by the owner and/or operator if the first usage of the vessel for commercial fishing occurs during the course of a year after the license has been issued or renewed. If the declaration is for a vessel of less than twenty-five feet (25′) in length, the declaration shall be transferable to another vessel less than twenty-five feet (25′) in length, provided the vessel is identified as a commercial fishing vessel while it is being used for commercial fishing by displaying a plate as provided in § 20-2.1-4.
(ii) The annual fee for each vessel declaration shall be twenty-five dollars ($25.00) for the first twenty-five feet (25′) or under, plus fifty cents ($0.50) per foot for each whole foot over twenty-five feet (25′); this declaration fee shall entitle the holder to a decal. The holder of a valid decal for twenty-five feet (25′) in length or under may obtain a plate from the department for display on a vessel twenty-five feet (25′) in length that is being used temporarily for commercial fishing; the annual fee for a plate shall be fifteen dollars ($15.00).
(4) Gear endorsements and fees.
(i) Gill net endorsements. A person who holds a multipurpose license, or a vessel with a multipurpose vessel license, is also eligible to apply for a commercial gill net endorsement in accordance with the provisions of this section. The fee for a commercial gill net endorsement shall be twenty dollars ($20.00). Applicants who possessed a gill net endorsement as of the immediately preceding year may obtain a gill net endorsement for the immediately following year. New gill net endorsement opportunities shall be established by the department by rule, pursuant to applicable management plans.
(ii) Other endorsements. The department may establish by rule any endorsements that may be necessary or appropriate to effectuate the purposes of this chapter and facilitate participation in a specific fishery; the fee for such endorsement shall not be greater than two hundred dollars ($200). This endorsement shall be issued only in a manner consistent with the general requirements of this chapter, including specifically those governing residency.
(5) New licenses.
(i) Eligibility. For new standard resident commercial fishing and multipurpose licenses, priority shall be given to applicants who have held a commercial fishing license for two (2) years or more; applicants with military service; and applicants who have completed a department authorized commercial fishing training program, with preference to family members and crew members of a license holder who is retiring his or her license.
(ii) Priority or preference applicants. A new license shall be granted to priority/preference applicants who have acquired a vessel and/or gear from a license holder who has retired a license, provided, that as the result of any such transaction, for each license retired, not more than one new license may be granted, nor may the nominal effort, including the total number of licenses, in a fishery subject to effort controls or catch restrictions be increased.
(iii) Availability of new or additional licenses. New standard resident commercial fishing and multipurpose licenses that increase the total number of licenses in the fishery may be made available by rule consistent with management plan for issuance effective January 1, in any year, based on status of resource and economic condition of fishery. Priority for new licenses shall be given to Rhode Island residents.
(6) Retirement of licenses. Issuance of a commercial fishing license shall not be deemed to create a property right such that the license can be sold or transferred by the license holder; fishing licenses shall be surrendered to the state upon their nonrenewal, forfeiture, or revocation.
(7) Issuance of temporary operator permits in cases of medical hardship. The department shall make available, as necessary, temporary operator permits to provide solely for the continued operation of a fishing vessel upon the determination of medical hardship of a license holder who has actively fished. Temporary operator permits shall be subject at a minimum to the conditions and restrictions that applied to the license holder.
(8) Issuance of new licenses to family members in cases of medical incapacity. Upon determination of medical incapacity, an actively fished license may be surrendered to the department for the purpose of the concurrent issuance of a new license to a resident family member.
(9) Issuance of new licenses upon the sale of a commercial fishing business. Upon the sale of a commercial fishing business, as defined by rule, a new license may be issued to the buyer upon the surrender of the seller’s license to the department for the purpose of the concurrent issuance of a new license.
(10) Transfer of vessels and gear. Vessels and gear may be sold, transferred, or disposed at the sole discretion of the owner; provided, however, that the subsequent level of use of the gear may be restricted in Rhode Island waters in order to accomplish the purposes of a duly adopted management plan or other duly adopted program to reduce effort.
History of Section. P.L. 2002, ch. 47, § 4; P.L. 2004, ch. 8, § 3; P.L. 2004, ch. 16, § 3; P.L. 2015, ch. 177, § 1; P.L. 2015, ch. 199, § 1; P.L. 2021, ch. 162, art. 7, § 5, effective July 1, 2022.
Subject to the rules of the department, nonresidents may apply for the following commercial fishing licenses:
(1) Standard n onresident commercial fishing license.
(i) Nonresidents age eighteen (18) and over shall be eligible to obtain a standard nonresident commercial fishing license and, in accordance with applicable qualifying criteria, available fishery sector endorsements, provided that the state of residence of the person affords the same privilege in a manner that is not more restrictive to Rhode Island residents. A standard nonresident commercial fishing license shall allow the license holder to harvest, land, and sell in a lawful manner any marine species, as dictated by the fishery endorsement(s) associated with the license. Fishery endorsements shall be established by the department consistent with fishery management plans developed pursuant to this chapter.
(ii) Duly Rhode Island-licensed nonresidents in a commercial fishery as of December 31 of the immediately preceding year shall be eligible to obtain a standard nonresident commercial fishing license with a single sector endorsement applicable to the fishery sectors for which they were licensed as of December 31 of the immediately preceding year; provided:
(A) That the state of residence of the person affords the same privilege in a manner that is not more restrictive to Rhode Island residents;
(B) That those persons apply for the standard nonresident commercial fishing license in accordance with § 20-2.1-4(g); and
(C) That those persons shall also be subject to any other restrictions that were applicable to the license as of December 31 of the immediately preceding year, which other restrictions may be altered or changed consistent with fishery management plans developed pursuant to this chapter.
(iii) Persons not duly licensed as of December 31 of the immediately preceding year shall be eligible to obtain a standard nonresident commercial fishing license, per endorsement, when available, consistent with fishery management plans developed pursuant to this chapter, in accordance with applicable qualifying criteria, provided that the state of residence of the person affords the same privilege in a manner that is not more restrictive to Rhode Island residents.
(2) Fees.
(i) Standard nonresident commercial fishing license.
(A) Standard nonresident commercial fishing license plus one limited fishery endorsement: The fee shall be three hundred fifty dollars ($350).
(B) Standard nonresident commercial fishing license plus one unlimited fishery endorsement: The fee shall be seven hundred dollars ($700).
(C) Standard nonresident commercial fishing license plus two limited fishery endorsements: The fee shall be seven hundred dollars ($700).
(D) Standard nonresident commercial fishing license plus three limited fishery endorsements: The fee shall be one thousand fifty dollars ($1,050).
(E) Standard nonresident commercial fishing license plus one unlimited fishery endorsement and one limited fishery endorsement: The fee shall be one thousand fifty dollars ($1,050).
(F) Standard nonresident commercial fishing license plus one unlimited fishery endorsement and two limited fishery endorsements: The fee shall be one thousand four hundred dollars ($1,400).
(G) Standard nonresident commercial fishing license plus two unlimited fishery endorsements: The fee shall be one thousand four hundred dollars ($1,400).
(H) Standard nonresident commercial fishing license plus two unlimited and one limited fishery endorsement: The fee shall be one thousand seven hundred fifty dollars ($1,750).
(3) Vessel declaration and fees. The department shall require a nonresident owner and/or operator of a commercial fishing vessel to make a declaration for that vessel; which shall be made at the time of initial license issuance and each renewal, or prior to the vessel’s being used for commercial fishing in Rhode Island waters by the nonresident owner and/or operator if the first usage of the vessel for commercial fishing occurs during the course of a year after the license has been issued or renewed, for a cost of fifty dollars ($50.00), plus one dollar and fifty cents ($1.50) for each whole foot over twenty-five feet (25′) in length overall.
(4) New licenses. Any resident of a state that accords to Rhode Island residents commercial fishing privileges that include an ability to obtain a new license to fish for finfish species that are subject to restrictions and/or quotas, may on species specific reciprocal basis be eligible to obtain standard nonresident commercial fishing licenses by endorsement as provided in this section, subject to availability and with the priority established in § 20-2.1-5(5)(i).
History of Section. P.L. 2002, ch. 47, § 4; P.L. 2004, ch. 8, § 3; P.L. 2004, ch. 16, § 3; P.L. 2021, ch. 162, art. 7, § 5, effective July 1, 2022.
(a) All residents or nonresidents, with the exception of persons or vessels with qualifying Rhode Island fishing licenses, who have charge of a vessel carrying seafood products legally harvested outside Rhode Island waters shall obtain a permit to land, sell, or offer for sale seafood products in Rhode Island. The permit shall be issued by the department upon proof that the applicant holds a valid state or federal commercial fishing license.
(1) Resident landing permit: for the landing, sale, or offering for sale of marine species (including process product), caught by any means. The fee shall be three hundred dollars ($300).
(2) Nonresident landing permit: for the landing, sale, or offering for sale of marine species (including process product), caught by any means, excluding restricted species as defined by rule. The fee shall be six hundred dollars ($600).
(3) Nonresident exempted landing permits.
(i) A new landing permit shall not be issued to any nonresident to off-load, land, offer for sale, or sell any restricted marine species, the definition of which shall be established by the department by rule and shall take into account species for which a quota has been allocated to the state of Rhode Island by the Atlantic States Marine Fisheries Commission or the National Marine Fisheries Service, unless:
(A) The landing shall be counted against the quota of the state where the vessel making the landing is registered or documented; or
(B) The state where the vessel making the landing is registered or documented issues new landing permits to Rhode Island residents to land against that state’s quota for the same species.
(ii) For purposes of this section, the renewal of any nonresident landing permit shall be considered a new nonresident landing permit unless the applicant can show, to the satisfaction of the director, historic participation in the fishery and landings of the species; and any change or upgrade of a vessel twenty percent (20%) or greater in length, displacement, or horsepower above the named vessel shall be considered a new landing permit. Issuance of a landing permit shall not be deemed to create a property right that can be sold, transferred, or encumbered; landing permits shall be surrendered to the state upon their nonrenewal or forfeiture, and the acquisition of a named vessel by a nonresident who does not already have a landing permit shall not entitle the nonresident to a landing permit unless a new landing permit can be issued as allowed in this section.
(iii) Fee: The fee shall be six hundred dollars ($600).
(b) Landing permits shall be valid for the calendar year in which they are issued.
(c) The department shall adopt any rules and procedures that may be necessary for the timely issuance of these permits in order to facilitate the off-loading and sale of seafood products, except restricted finfish, harvested outside Rhode Island waters.
(d) Notwithstanding the provisions of this section, a commercial vessel with seafood products on board may, without a landing permit, enter Rhode Island waters and be secured to a shoreside facility for purposes other than landing, selling, or offering for sale the seafood products on board if the person having charge of the vessel obtains permission from the department’s division of law enforcement prior to securing the vessel to the shoreside facility.
History of Section. P.L. 2002, ch. 47, § 4; P.L. 2021, ch. 162, art. 7, § 4, effective July 6, 2021.
(a) No person, partnership, firm, association, or corporation shall barter or trade in marine species taken by persons licensed under this chapter unless a license so to do has been obtained from the director of environmental management.
(b) Any licensee operating under the provisions of this section shall purchase marine species from licensed persons only and shall purchase or possess only those lobsters legally taken or possessed.
(c) The director shall issue and enforce rules and regulations and orders governing bartering and trading in marine species by licensed persons of marine species and licensed dealers, and other persons, partnerships, firms, associations, or corporations.
(d) License types and fees.
(1) Multipurpose dealer’s license This license shall allow the dealer to purchase or sell all marine products in the state of Rhode Island. The license shall be valid for the calendar year in which it is issued. The fee shall be four hundred and fifty dollars ($450).
(2) Finfish dealer’s license. This license shall allow the dealer to purchase or sell all finfish products in the state of Rhode Island. The license shall be valid for the calendar year in which it is issued. The fee shall be three hundred dollars ($300).
(3) Shellfish dealer’s license. This license shall allow the dealer to purchase or sell all shellfish products in the state of Rhode Island. The license shall be valid for the calendar year in which it is issued. The fee shall be three hundred dollars ($300).
(4) Crustacean dealer license. This license shall allow the dealer to purchase all crustacean products in the state of Rhode Island. The license shall be valid for the calendar year in which it is issued. The fee shall be three hundred dollars ($300).
(e) Seafood dealers license — Suspension or revocation. The director may suspend, revoke, or deny the license of a seafood dealer or fisher of marine species for the violation of any provision of this title or the rules, regulations, or orders adopted or issued pursuant to this title.
(f) Any person aggrieved by the decisions of the director may appeal the decision pursuant to the provisions of the Administrative Procedures Act, chapter 35 of title 42.
(g) The director is authorized to enter and inspect the business premises, appurtenant structures, vehicles, or vessels of any seafood dealer and to inspect the records maintained by a seafood dealer for the purpose of determining compliance with the provisions of this section and any rules, regulations, or orders issued under this section, and no person shall interfere with, obstruct the entrance, or inspection of the director or the director’s agents of those business premises, appurtenant structures, vehicles, or vessels.
(h) Any violation of the provisions of this section or any rule, regulation, or order adopted under this section shall be subject to the penalties prescribed in § 20-1-16.
History of Section. P.L. 2002, ch. 47, § 4; P.L. 2021, ch. 162, art. 7, § 4, effective July 6, 2021.
It shall be the duty of the director to adopt, implement effective January 1, 2003, and maintain a commercial fisheries licensing system that shall incorporate and be consistent with the purposes of this chapter; in performance of this duty, the director shall follow the guidelines and procedures set forth below:
(1) The rulemaking powers of the director to accomplish the purposes of this chapter shall include the following with regard to commercial fishing licenses and commercial fishing by license holders:
(i) Types of licenses and/or license endorsement consistent with the provisions of this chapter and applicable sections of this title, and limitations on levels of effort and/or on catch by type of license and/or license endorsement;
(ii) Design, use, and identification of gear;
(iii) Declarations for data collection purposes of vessels used in commercial fishing, which declaration requirements shall in no way, except as otherwise provided for in law, restrict the use of any vessel less than twenty-five feet (25′) in length overall by appropriate holders of commercial fishing licenses;
(iv) Areas in Rhode Island waters where commercial fishing of different types may take place, and where it may be prohibited or limited, and the times and/or seasons when commercial fishing by type or species may be allowed, restricted, or prohibited;
(v) Limitations and/or restrictions on effort, gear, catch, or number of license holders and endorsements; and
(vi) Emergency rules, as provided for in chapter 35 of title 42, to protect an unexpectedly imperiled fishery resource to provide access to a fisheries resource that is unexpectedly more abundant and to protect the public health and safety from an unexpected hazard or risk. The marine fisheries council shall be notified of all emergency rules on or before their effective date, and no emergency rule shall become a final rule unless it is promulgated as provided for in subdivision (3) of this section.
(2) When implementing the system of licensure set forth in §§ 20-2.1-4, 20-2.1-5, 20-2.1-6, and 20-2.1-7, and other provisions of this title pertaining to commercial fishing licenses, permits, and registrations, the director shall consider the effect of the measure on the access of Rhode Islanders to commercial fishing, and when establishing limitations on effort and/or catch:
(i) The effectiveness of the limitation:
(A) In achieving duly established conservation or fisheries regeneration goals or requirements;
(B) In maintaining the viability of fisheries resources overall, including particularly, the reduction of by-catch, discards, and fish mortality, and in improving efficiency in the utilization of fisheries resources;
(C) In complementing federal and regional management programs and the reciprocal arrangements with other states;
(ii) The impact of the limitation on persons engaged in commercial fishing on:
(A) Present participation in the fishery, including ranges and average levels of participation by different types or classes of participants;
(B) Historical fishing practices in, and dependence on, the fishery;
(C) The economics of the fishery;
(D) The potential effects on the safety of human life at sea;
(E) The cultural and social framework relevant to the fishery and any affected fishing communities; and
(iii) Any other relevant considerations that the director finds in the rulemaking process;
(iv) The following standards for fishery conservation and management, which standards shall be understood and applied so far as practicable and reasonable in a manner consistent with federal fisheries law, regulation, and guidelines:
(A) Conservation and management measures shall prevent overfishing, while achieving, on a continuing basis, the optimum yield from each fishery;
(B) Conservation and management measures shall be based upon the best scientific information available and analysis of impacts shall consider ecological, economic, and social consequences of the fishery as a whole;
(C) Conservation and management measures shall, where practicable, consider efficiency in the utilization of fisheries resources, except that no such measure shall have economic allocation as its sole purpose;
(D) Conservation and management measures shall take into account and allow for variations among, and contingencies in, fisheries, fishery resources, and catches;
(E) Conservation and management measures shall, where practicable, minimize costs and avoid unnecessary duplication;
(F) Conservation and management measures shall, consistent with conservation requirements of this chapter (including the prevention of overfishing and rebuilding of overfished stocks), take into account the importance of fishery resources to fishing communities in order to (I) Provide for the sustained participation of those communities and (II) To the extent practicable, minimize adverse economic impacts on those communities;
(G) Conservation and management measures shall, to the extent practicable: (I) Minimize by-catch and (II) To the extent by-catch cannot be avoided, minimize the mortality of the by-catch; and
(H) Conservation and management measures shall, to the extent practicable, promote the safety of human life at sea.
(3) Unless otherwise specified, rules and regulations adopted pursuant to this chapter shall conform with the requirements of the Administrative Procedures Act, chapter 35 of title 42.
(4) Matters to be considered in establishing license programs under this chapter. The director shall be consistent with the requirements of § 20-2.1-2(6) in establishing and implementing a licensing system in accordance with the provisions of this chapter that shall be designed to accomplish marine fisheries management objectives. The licensing system may limit access to fisheries, particularly commercial fisheries for which there is adequate or greater than adequate harvesting capacity currently in the fishery and for which either a total allowable catch has been set or a total allowable level of fishing effort has been established for the purpose of preventing overfishing of the resource or the dissipation of the economic yield from the fishery. This authority shall include the authority of the director to:
(i) Differentiate between the level of access to fisheries provided to license holders or potential license holders on the basis of past performance, dependence on the fishery, or other criteria;
(ii) Establish prospective control dates that provide notice to the public that access to, and levels of participation in, a fishery may be restricted and that entrance into, or increases in levels of participation in a fishery after the control date may not be treated in the same way as participation in the fishery prior to the control date; retroactive control dates are prohibited and shall not be used or implemented, unless expressly required by federal law, regulation, or court decision; and
(iii) Establish levels of catch by type of license and/or endorsement that shall provide for basic and full harvest and gear levels; quotas may be allocated proportionally among classes of license holders as needed to maintain the viability of different forms of commercial fishing.
(5) [Deleted by P.L. 2023, ch. 281, § 2 and P.L. 2023, ch. 282, § 2.]
(6) The director, with the advice of the marine fisheries council, shall report annually to the governor, general assembly, and to the citizens concerning the conservation and management of the fishery resources of the state, addressing stock status, performance of fisheries and quotas, management and licensing programs, and other matters of importance.
History of Section. P.L. 2002, ch. 47, § 4; P.L. 2015, ch. 170, § 2; P.L. 2015, ch. 193, § 2; P.L. 2023, ch. 281, § 2, effective June 22, 2023; P.L. 2023, ch. 282, § 2, effective June 22, 2023; P.L. 2024, ch. 403, art. 2, § 5, effective June 26, 2024.
[Repealed]
History of Section. P.L. 2002, ch. 47, § 4; repealed by P.L. 2023, ch. 281, § 10, effective June 22, 2023; repealed by P.L. 2023, ch. 282, § 10, effective June 22, 2023.
[Repealed]
History of Section. P.L. 2002, ch. 47, § 4; repealed by P.L. 2023, ch. 281, § 10, effective June 22, 2023; repealed by P.L. 2023, ch. 282, § 10, effective June 22, 2023.
[Repealed]
History of Section. P.L. 2002, ch. 47, § 4; P.L. 2004, ch. 8, § 3; P.L. 2004, ch. 16, § 3; Repealed by P.L. 2016, ch. 49, § 1, effective June 6, 2016; P.L. 2016, ch. 55, § 1, effective June 6, 2016.
The provisions of this chapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed so as to effectuate its purposes.
History of Section. P.L. 2002, ch. 47, § 4.
The general assembly finds and declares:
(1) The constitution of the state places plenary authority and responsibility in the general assembly to provide for the conservation of the natural resources of the state, including its marine fisheries;
(2) The state of Rhode Island has historically established programs to provide for and regulate the harvesting and taking of marine fish for recreational purposes;
(3) The federal government and regional entities have established and continue to establish regulatory programs, management measures, quotas, and other restrictions that affect persons engaged in marine recreational fisheries in Rhode Island, and Rhode Island functions in whole or in part in the context of federal and regional programs, depending on the fishery;
(4) The regulatory programs, management measures, quotas, and other restrictions governing marine recreational fisheries are based primarily on catch and effort statistics from recreational fisherman, and on fishery resource assessments, that gauge the biological status of fish stocks;
(5) Since 1979, recreational fishing assessments have been derived from the Marine Recreational Fisheries Statistics Survey (MRFSS), administered by the federal government in partnership with the states;
(6) In 2006, Congress acknowledged major flaws in the accuracy of the assessments provided by MRFSS and called upon the National Marine Fisheries Service (NMFS) to undertake programmatic reforms, including the establishment of a universal registry of all saltwater anglers to provide a more accurate and efficient means for acquiring recreational catch and effort data;
(7) In 2008, NMFS initiated a new Marine Recreational Information Program (MRIP) to replace MRFSS and enacted rules requiring marine recreational fisherman to either register under a new national program, or be registered or licensed by a state program that meets federal requirements;
(8) All coastal states have enacted, or are in the process of enacting, marine recreational fishing license or registry programs;
(9) The interests of recreational saltwater anglers in Rhode Island can best be met by establishing a state program that meets federal requirements, contributes to improved state-based recreational fishing assessments and stock assessments, and supports fair and effective regulatory programs and quota allocations for Rhode Island’s marine recreational fisheries;
(10) Additionally, the interests of recreational saltwater anglers in Rhode Island are well served by a program that supports improved and expanded opportunities for the public to access the marine waters of the state; and
(11) The use of license fee revenues for any purpose other than managing recreational fisheries and enhancing recreational fishing opportunities would: violate the terms of § 20-9-3 and trigger a discontinuation of all federal funding provided to Rhode Island pursuant to the Federal Aid in Sport Fish Restoration Act (16 U.S.C. §§ 777—777k); conflict with legislative intent, as set forth in § 20-3.1-7(3); veer from the restricted use requirements governing freshwater fishing, commercial fishing, and hunting license fee revenues; affect compliance with the requirements of this chapter; and compromise the purposes of this chapter.
History of Section. P.L. 2009, ch. 375, § 1; P.L. 2009, ch. 379, § 1.
The purposes of this chapter are to:
(1) Enable recreational fisherman to fish legally in the marine waters of Rhode Island, and in all offshore federal waters, via a state-based recreational fishing licensing program, established in accordance with the requirements set forth by the federal Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. § 1801 et seq.);
(2) Establish a state-based licensing program that will: provide Rhode Island recreational fisherman, including residents and non-resident visitors, with a convenient and inexpensive licensing process; support and contribute to more accurate state-based fishing and resource assessments; and provide for fair and effective management programs that optimize benefits and opportunities for Rhode Island recreational fisherman; and
(3) Establish a dedicated funding vehicle to support improved coastal access opportunities for recreational fisherman along the Rhode Island shoreline.
History of Section. P.L. 2009, ch. 375, § 1; P.L. 2009, ch. 379, § 1; P.L. 2017, ch. 451, § 25.
As used in this chapter, the following terms shall have the following meanings:
(1) “Angling” means to fish recreationally using hook and line.
(2) “Blind” means an individual who is blind in accordance with § 20-2-31.
(3) “Exempted state” means a state that has been designated as an exempted state by the national marine fisheries service, pursuant to the National Saltwater Angler Registry Program, 50 C.F.R. Part 600.
(4) “Finfish” means all species of finfish, excluding shellfish and crustaceans.
(5) “Fishing recreationally” means all forms of angling, as well as all forms of spearfishing, the purpose of which is to harvest, or attempt to harvest, finfish for noncommercial purposes.
(6) “Marine waters of Rhode Island” means all tidal and territorial waters of the state out to three (3) nautical miles from the coastline, including all state waters surrounding Block Island.
(7) “Permanently disabled” means an individual who is one hundred percent (100%) permanently disabled in accordance with § 20-2-31.
(8) “Resident” means an individual who has had his or her actual place of residence and has lived in the state of Rhode Island for a continuous period of not less than six (6) months.
(9) “Spearfishing” means to fish recreationally using a spear or a powerhead.
History of Section. P.L. 2009, ch. 375, § 1; P.L. 2009, ch. 379, § 1.
(a) It shall be unlawful for any person to fish recreationally in the marine waters of Rhode Island without:
(1) A recreational fishing license issued in accordance with the provisions of this chapter;
(2) A recreational fishing license or registration issued by any other exempted state that affords reciprocity to Rhode Island residents who hold recreational fishing licenses issued pursuant to this chapter; or
(3) A federal saltwater angler registration issued by the National Marine Fisheries Service.
(b) An individual will be considered to be fishing recreationally if they are engaged in the process of angling or spearfishing, or if they possess equipment used for angling or spearfishing and are also in possession of finfish.
History of Section. P.L. 2009, ch. 375, § 1; P.L. 2009, ch. 379, § 1.
A license shall not be required for anyone who is:
(1) Under the age of sixteen (16);
(2) Permanently disabled or blind;
(3) On leave from active military duty;
(4) A passenger on a party or charter boat holding a current and valid license issued by the department in accordance with § 20-2-27.1;
(5) Fishing recreationally during a designated free-fishing day, which may be established by the director and occur on no more than one day per year; or
(6) Fishing commercially in accordance with a current and valid commercial fishing license.
History of Section. P.L. 2009, ch. 375, § 1; P.L. 2009, ch. 379, § 1.
(a)(1) Resident, seven dollars ($7.00);
(2) No fee shall be charged for residents who are over the age of sixty-five (65) or in active military service;
(3) Nonresident, ten dollars ($10.00);
(4) Licenses issued pursuant to this subsection shall expire on December 31st of each year.
(b)(1) Resident or nonresident seven-day (7), five dollars ($5.00);
(2) This license shall entitle the holder to fish recreationally for seven (7) consecutive days, including the day of issuance.
(c) All license applications shall be required to provide their name, address, phone number, and date of birth.
(d) Any lost or destroyed license shall be replaceable, during the calendar year in which it was issued, or in the case of a seven-day (7) license, during the seven-day (7) period when it is valid, at no cost to the license holder.
(e) The director is authorized to determine a portion of the license fee, not to exceed any of the amounts set forth above in this section, that may be retained by the state-approved vendor and authorized licensing agents, as set forth in § 20-2.2-7, as commission for services rendered.
History of Section. P.L. 2009, ch. 375, § 1; P.L. 2009, ch. 379, § 1.
The director is authorized and directed to engage the contractual services of a state-approved vendor to develop and implement a web-based system that will serve as the sole means for obtaining licenses pursuant this chapter. The vendor’s responsibilities shall include, but not limited to:
(1) Development of the web-based application;
(2) Creation and servicing of authorized licensing agents who will be able to vend licenses at their establishments;
(3) Collection and transmittal of license fee revenues; and
(4) Storage and transmittal of license holder database.
History of Section. P.L. 2009, ch. 375, § 1; P.L. 2009, ch. 379, § 1.
(a) Any person who violates any provision of this chapter shall be guilty of a civil violation and subject to a fine, as follows:
(1) For a first offense, a fine of ten dollars ($10.00);
(2) For second offense, a fine of fifty dollars ($50.00); and
(3) For a third or subsequent offense, a fine of one hundred dollars ($100).
(b) Jurisdiction over violations of this chapter shall be with the traffic tribunal.
History of Section. P.L. 2009, ch. 375, § 1; P.L. 2009, ch. 379, § 1.
All moneys generated from license fees issued under this chapter, other than any commissions retained by the licensing vendor and licensing agents per § 20-2.2-6(e), shall be deposited in a restricted receipt account, hereby created and known as the recreational saltwater fishing license restricted receipt account. The state controller is authorized and directed to draw orders upon the general treasurer for payment of any sum, or sums, as may be necessary from time to time upon receipt by him or her of duly authenticated vouchers presented by the director of environmental management. In accordance with § 20-9-3 and in keeping with § 20-3.1-7(3), the monies from license fees received under this section are to be used only for the following specific purposes:
(1) Administering and enforcing the recreational saltwater fishing license program established by this chapter;
(2) Managing Rhode Island’s marine recreational fisheries, with particular reference to improving state-based recreational fishery catch and effort statistics and stock assessments; and
(3) Enhancing recreational fishing opportunities in the state.
History of Section. P.L. 2009, ch. 375, § 1; P.L. 2009, ch. 379, § 1.
(a) On an annual basis, the department shall prepare a report that details the number of recreational saltwater fishing licenses issued; the total amount of license fee revenue received; the expenditures made during the prior year utilizing the fee revenue; and how the department plans to allocate and use the fee revenue during the next year. The report shall also include any additional, relevant information relating to the administration and enforcement of the licensing program and status of state-based recreational fishing assessments and stock assessments.
(b) The department shall annually submit the report to the marine fisheries council, and the department, in coordination with the council, shall annually schedule and conduct one or more public meetings to solicit input from recreational fisherman and the general public. On the basis of such input, and the council’s own review, the council shall annually prepare an addendum to the report, setting forth the council’s opinion on whether the licensing program is meeting its intended purposes and offering any recommendations for modifying the program.
(c) The department shall annually submit the report, including the addendum developed by the council, to the general assembly.
History of Section. P.L. 2009, ch. 375, § 1; P.L. 2009, ch. 379, § 1.
The director is authorized to promulgate, adopt, and enforce any and all rules and regulations deemed necessary to carry out the purposes of this chapter.
History of Section. P.L. 2009, ch. 375, § 1; P.L. 2009, ch. 379, § 1.
There is hereby created a marine fisheries council. The council shall be composed of the director of the department of environmental management, or the director’s designee, who shall serve as chairperson, and eight (8) private citizen members. The private citizen members shall be chosen from among those with skill, knowledge, and experience in the commercial fishing industry, the recreational and for-hire fishing industry, and in the conservation and management of fisheries resources and shall be appointed by the governor with the advice and consent of the senate. Three (3) of the private citizen members shall be representatives of the commercial fishing industry; three (3) shall be representatives of the recreational and for-hire fishing industry; and the remaining two (2) shall have skill, knowledge, and experience in the conservation and management of fisheries resources and/or marine biology. The chairperson of the coastal resources management council and the chiefs of the divisions of enforcement and marine fisheries in the department of environmental management shall serve in an advisory capacity to the council. Members of the council shall serve for a term of four (4) years, not to exceed two (2) four-year (4) terms, notwithstanding a partial mid-term appointment. All members of the council shall serve without compensation and shall be reimbursed for their necessary expenses incurred in travel and in the performance of their duties. No person may serve on the council if assessed a criminal or administrative penalty in the past three (3) years for a violation of a marine fisheries law or regulation, including any suspension or revocation of a commercial or recreational fishing license or permit or dealers license, or any fine, donations, probation, imprisonment, or other filing, imposed administratively or by a court of law.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1985, ch. 190, § 1; P.L. 2001, ch. 304, § 2; P.L. 2002, ch. 47, § 5; P.L. 2017, ch. 191, § 4; P.L. 2017, ch. 242, § 4; P.L. 2023, ch. 281, § 3, effective June 22, 2023; P.L. 2023, ch. 282, § 3, effective June 22, 2023.
(a) The marine fisheries council shall serve in an advisory capacity only to the state and agencies of the state regarding marine fisheries issues and shall have the power and duty to advise the director of the department of environmental management in the exercise of the director’s authority under this title for the planning, management, and regulation of marine fisheries on matters (except emergency rules adopted pursuant to § 42-35-2.10), including, but not limited to, the following activities:
(1) The manner of taking marine species from the waters of the state;
(2) The legal size limits of marine species to be taken or possessed;
(3) The seasons and hours during which marine species may be taken or possessed;
(4) The numbers or quantities of marine species which may be taken or possessed;
(5) The opening and closing of areas within the coastal waters to the taking of any and all types of marine species; and
(6) Marine fisheries licensing, including commercial, recreational and for-hire, necessary to implement the provisions of chapters 2, 2.1, and 2.2 of this title.
(b) The marine fisheries council shall advise the director in the development of the rulemaking agenda for marine fisheries pursuant to § 42-35-5.1, and shall have the power to initiate rulemaking by petition as provided for by § 42-35-6.
(c) The marine fisheries council shall advise the department regarding development of annual plans for the allocation and use of the funds made available to the department from commercial fishing license fees, tags, permits, and vessel fees as provided in § 20-2-28.2.
(d) The marine fisheries council shall review applications to CRMC for permits to conduct aquaculture, and provide recommendations to CRMC on all such applications, in accordance with § 20-10-5.
(e) The council shall report annually by April 1 of each year to the governor, the speaker of the house, the president of the senate, the chairperson of the house committee on environment and natural resources, the chairperson of the senate committee on environment and agriculture, and to the house oversight committee and the senate committee on government oversight, for the preceding calendar year with regard to:
(1) The advice it has given to state agencies, including specifically the department of environmental management, on marine fisheries issues;
(2) The response it received to the advice it gave;
(3) Any findings or position it may have with regard to the status and/or condition of marine fisheries; and
(4) Any recommendations it may have for maintaining, improving, or changing laws, regulations, or management programs for marine fisheries.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2001, ch. 304, § 2; P.L. 2004, ch. 359, § 2; P.L. 2023, ch. 281, § 3, effective June 22, 2023; P.L. 2023, ch. 282, § 3, effective June 22, 2023.
[Repealed]
History of Section. P.L. 1981, ch. 197, § 3; repealed by P.L. 2023, ch. 281, § 11, effective June 22, 2023; repealed by P.L. 2023, ch. 282, § 11, effective June 22, 2023.
[Repealed]
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1987, ch. 254, § 2; P.L. 2004, ch. 359, § 2; repealed by P.L. 2023, ch. 281, § 11, effective June 22, 2023; repealed by P.L. 2023, ch. 282, § 11, effective June 22, 2023.
The marine fisheries council may, without requirement of notice of hearing, recommend closure of any or all of the coastal waters of the state to the taking of any or all types of fish, lobsters, and shellfish where it determines that a biological emergency exists that imminently threatens the marine resources of the state subject to the provisions of § 42-35-3(b).
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2004, ch. 359, § 2.
[Repealed]
History of Section. P.L. 1981, ch. 197, § 3; repealed by P.L. 2023, ch. 281, § 11, effective June 22, 2023; repealed by P.L. 2023, ch. 282, § 11, effective June 22, 2023.
[Repealed]
History of Section. P.L. 1982, ch. 30, § 3; P.L. 1983, ch. 86, § 1; P.L. 1998, ch. 435, § 1; repealed by P.L. 2023, ch. 281, § 11, effective June 22, 2023; repealed by P.L. 2023, ch. 282, § 11, effective June 22, 2023.
The marine fisheries council may establish any advisory committees or panels that it may deem appropriate to fulfill its responsibilities.
History of Section. P.L. 2023, ch. 281, § 9, effective June 22, 2023; P.L. 2023, ch. 282, § 9, effective June 22, 2023.
This chapter shall be known and may be cited as the “Rhode Island Marine Fisheries Management Modernization Act of 2001.”
History of Section. P.L. 2001, ch. 58, § 5.
[Repealed]
History of Section. P.L. 2001, ch. 58, § 5; Repealed by P.L. 2002, ch. 47, § 6, effective January 1, 2004.
[Repealed]
History of Section. P.L. 2001, ch. 58, § 5; Repealed by P.L. 2002, ch. 47, § 6, effective January 1, 2004.
[Repealed]
History of Section. P.L. 2001, ch. 58, § 5; Repealed by P.L. 2002, ch. 47, § 6, effective January 1, 2004.
[Repealed]
History of Section. P.L. 2001, ch. 58, § 5; Repealed by P.L. 2002, ch. 47, § 6, effective January 1, 2004.
The department, in consultation with the council, shall develop and implement for license renewals for the year beginning January 1, 2003, an electronic license system for commercial fishing licenses, which licensing system shall have the capacity to incorporate data on landings by species and effort and shall provide for electronic license renewal. The licensing system shall be designed so that appropriate confidentiality for individual license holders is maintained and data analysis for fisheries management purposes is facilitated.
History of Section. P.L. 2001, ch. 58, § 5.
The department, with the advice and involvement of the council, the University of Rhode Island Coastal Institute, and commercial and recreational fishing interests, shall undertake the following studies and analyses that shall evaluate the full reasonable range of options for improving fisheries management in Rhode Island. The process for undertaking these studies and analyses and developing legislative options for consideration by the general assembly shall be open, inclusive, and participatory and shall fairly and appropriately involve the range of fishing interests and give fair and balanced consideration to the interests of year-round, seasonal, and recreational fishers, full and part-time fishers, aquaculturists, and persons who may wish to participate in fishing in the future:
(1) Principles for fisheries management. The department shall, by October 1, 2001, recommend goals and principles to guide the development and implementation of a restructured marine fisheries management system.
(2) Commercial fisheries. The department shall, by January 1, 2002, recommend options for commercial fishing licenses that address license eligibility; provide for new entrants into fisheries in the state; and establish an analytic basis for and a method to manage fisheries by effort, as well as by quota for catch by species.
(3) Recreational fisheries. The department is authorized to propose a licensing system for recreational fisheries for the purposes of: (i) Obtaining reliable data about the level and effects of recreational fishing in the state; (ii) Improving the quality and extent of recreational fishing opportunities in Rhode Island; and (iii) Providing revenue to be used solely and exclusively for the purposes of managing recreational fisheries and enhancing recreational fishing opportunities. The licensing system shall not be effective either before April 1, 2003, or without general assembly approval, and shall be put into effect by rule, after a finding by the director, following the general assembly approval, that the system is fair, enforceable, and accomplishes the purposes of this chapter.
(4) Commercial aquaculture. The department shall, by January 1, 2002, develop proposed rules and recommend statutory changes for the purposes of fostering the expansion and competitiveness of commercial aquaculture, which rules shall treat commercial aquaculture as a separate and distinct activity from commercial fishing.
(5) Comprehensive. The department shall develop a plan, by January 1, 2002, to coordinate Rhode Island licensing requirements with federal licensing requirements and licensing requirements in other states that minimizes conflicts and confusion in licensing and reporting; provides for consistent data collection and analysis; and supports regional management efforts that maintain or enhance the stewardship and productivity of fisheries resources.
History of Section. P.L. 2001, ch. 58, § 5.
[Repealed]
History of Section. P.L. 2001, ch. 58, § 5; Repealed by P.L. 2002, ch. 47, § 6, effective January 1, 2004.
[Repealed]
History of Section. P.L. 2001, ch. 58, § 5; Repealed by P.L. 2002, ch. 47, § 6, effective January 1, 2004.
This chapter shall be known as the “Rhode Island Freedom to Fish and Marine Conservation Act.”
History of Section. P.L. 2003, ch. 164, § 1; P.L. 2003, ch. 167, § 1.
The general assembly finds and declares:
(a) The people of the State of Rhode Island have an ongoing interest in the sound management of commercially and noncommercially important marine fish, shellfish, and crustacean species and their associated habitats.
(b) That marine fisheries have been important to the way of life of people in Rhode Island throughout its history;
(c) Marine fisheries support commercial operations and recreational activities, both of which are significant contributors to the state’s economy;
(d) The rights and interests of people to engage in commercial and recreational fishing in Rhode Island’s marine waters need to be recognized and protected;
(e) Rhode Island has historically managed its marine fisheries for the benefit of the people of the state, as an ecological asset, and as a source of food, income, and recreation;
(f) Protecting fish, shellfish, crustaceans, essential marine habitats, and the right to fish in Rhode Island’s marine waters must be managed together;
(g) Various management measures, including the closure of marine waters or portions thereof to fishing, can be utilized to manage marine fish, shellfish, crustaceans, essential marine habitats, or other marine resources, but such measures must be developed in response to specific conservation or restoration needs; be based on the best, currently available scientific information; and emanate from an open management and regulatory process, incorporating full input from all affected stakeholders, conducted pursuant to the general laws of the state of Rhode Island.
History of Section. P.L. 2003, ch. 164, § 1; P.L. 2003, ch. 167, § 1.
(a) The marine waters of Rhode Island, or portions thereof, shall not be closed to recreational or commercial fishing unless such closure is:
(1) Deemed necessary in order to protect, manage, or restore marine fish, shellfish, crustaceans, and associated marine habitats or other marine resources, protect public health or safety, or address some other public purpose;
(2) Based on the best currently available scientific information; and
(3) Developed via public review and stakeholder input through chapter 35 of title 42 and other applicable state law, and with the advice of the marine fisheries council; except where the director deems it necessary to institute a closure via emergency rule, in which case the regulation must meet the standards set forth by chapter 35 of title 42 and have an effective period of not more than one hundred twenty (120) days.
(b) Any marine waters of Rhode Island, or portions thereof, that are closed to recreational or commercial fishing shall be reopened if and when the original justification for such closure ceases to apply.
(c) As part of the annual reporting requirements as specified in § 20-2.1-9(6), the department of environmental management, upon advice of the marine fisheries council, shall include therein an evaluation of any closures identified as significant by the council and any relevant scientific information related thereto that was collected during the year.
History of Section. P.L. 2003, ch. 164, § 1; P.L. 2003, ch. 167, § 1.
No person shall engage in the taking for sale, by any manner, method, or contrivance, of any marine finfish, shellfish, crustacean, or other invertebrate; and no vessel, boat, trap, seine, or other fishing gear shall be used in the taking for sale or landing of any marine finfish, shellfish, crustacean, or other invertebrate unless a license or permit has been obtained as provided in this title. Provided, however, that for all commercial fisheries except shellfish, any number of unlicensed crews may assist in direct commercial harvest operations regardless of the manner, method, or contrivance employed, as long as said crew is/are located onboard a commercially declared vessel that is operated by an individual who possesses a valid and proper commercial fishing license and is/are under the direct supervision and responsibility of said properly licensed commercial fisher. With respect to commercial shellfish operations, unlicensed crews may only assist with culling activities and other indirect harvest operations, as the director may determine by regulations adopted pursuant to this title, while said crew is/are located onboard a commercially declared vessel that is operated by an individual who possesses a valid and proper commercial fishing license and is/are under the direct supervision and responsibility of said properly licensed commercial fisher.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2002, ch. 47, § 7; P.L. 2011, ch. 183, § 1; P.L. 2011, ch. 320, § 1.
[Repealed]
History of Section. P.L. 1992, ch. 133, art 17, § 3; repealed by P.L. 2021, ch. 162, art. 7, § 6, effective July 6, 2021.
[Repealed]
History of Section. P.L. 1992, ch. 133, art. 17, § 3; P.L. 1996, ch. 288, § 2; P.L. 2001, ch. 58, § 2; P.L. 2002, ch. 47, § 7; repealed by P.L. 2021, ch. 162, art. 7, § 6, effective July 6, 2021.
[Repealed]
History of Section. P.L. 2002, ch. 47, § 8; repealed by P.L. 2021, ch. 162, art. 7, § 6, effective July 6, 2021.
Unless otherwise specified in regulations and except for those areas described in § 20-4-3, no person shall operate a beam, pair, or otter trawl or other mechanical trawling device in the Sakonnet River; Narragansett Bay; in Point Judith Pond, so-called, in the towns of Narragansett and South Kingstown; or the Harbor of Refuge, so-called, in the town of Narragansett; or in Potter Pond, so-called, in the town of South Kingstown; or in Great Salt Pond, so-called, in the town of New Shoreham.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2023, ch. 281, § 4, effective June 22, 2023; P.L. 2023, ch. 282, § 4, effective June 22, 2023.
Any duly licensed resident commercial fisherman and a nonresident commercial fisherman licensed pursuant to § 20-2-28 [repealed], may operate otter, beam, or pair trawls or other mechanical trawling device subject to rules and regulations of the marine fisheries council, in the area of Narragansett Bay, and Sakonnet River south of a line, extending from Spink Neck in the town of North Kingstown in a northeasterly direction to Pine Hill Point on Prudence Island and from a point at Homestead Dock on the easterly shore of Prudence Island, thence northeasterly to Hog Island shoal light, thence to the north abutment of Mt. Hope Bridge in the town of Bristol, and south of a line extending from McCurry Point on the east side of the town of Portsmouth northeasterly in a line to southerly point of Jack’s Island, so-called, in the town of Tiverton.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2023, ch. 281, § 4, effective June 22, 2023; P.L. 2023, ch. 282, § 4, effective June 22, 2023.
Any person who operates an otter, beam, or pair trawl or other mechanical trawling device without a license as provided in § 20-4-3, shall, upon conviction, be fined five hundred dollars ($500) for each offense, or may be imprisoned not exceeding thirty (30) days, or both. In addition to any fines imposed for failure to secure a license, the person shall be subject to the same penalties as set forth in § 20-1-16 should the person set a beam, pair, or otter trawl or other mechanical trawling device in areas prohibited by § 20-4-2 or rules adopted under this section.
History of Section. P.L. 1981, ch. 197, § 3.
The owner and/or operator of every boat and/or operator of any device licensed pursuant to this title for the taking or landing of marine organisms for commercial purposes in the state of Rhode Island, or any person issued a license by the director for such purposes, and any dealer of marine organisms licensed pursuant to this title shall, upon request of the department, make either a telephone report, or a written report, or both. Written reports shall be made on forms furnished by the department of environmental management and shall include catch and effort data and any other fishery data that may be required by the director. The reports shall not be made public and shall be kept only for statistical purposes. Failure to comply with the reporting requirements set out in this section or knowingly or willfully making a false report is prohibited. The license or permit of any person found in violation of this section or regulation duly promulgated thereto may be suspended for a period not to exceed sixty (60) days for each offense. No application for a license renewal shall be accepted from a person whose license or permit is currently under suspension or whose reports have not been submitted. Catch reports must be submitted at a time and in a format specified by the director; provided, however, that any such reporting requirements shall not be unreasonable and shall not create an undue burden.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1992, ch. 133, art. 17, § 4; P.L. 1999, ch. 469, § 1.
[Repealed]
History of Section. P.L. 1981, ch. 197, § 3; Repealed by P.L. 1999, ch. 469, § 2, effective July 8, 1999. For present similar provisions, see § 20-4-5.
The owner of every trap, pot, or other stationary contrivance used for the taking of marine fish, shellfish, crustaceans, or other invertebrates being fished in the waters of this state, and the owner of any trap or pot for catching, or cars or other contrivances for keeping lobsters, shall mark each trap, pot, or contrivance, together with the buoy that is attached to it, with the name or names of the owners of the contrivance or the person or persons using the contrivance, and the license number or numbers of each person or persons. Every person failing to mark each trap as provided in this section shall be fined not less than twenty dollars ($20.00), nor more than five hundred dollars ($500), for each offense and all traps, pots, or other contrivances used contrary to the provisions of this and other sections of this chapter shall be seized by any officer engaged in the enforcement of this chapter; and the property shall be forfeited to the state.
History of Section. P.L. 1981, ch. 197, § 3.
No person except the director, enforcement officers, and authorized technical personnel of the department shall unduly disturb, lift, raise, molest, or remove any animal from a trap, pot, or any other device of a person licensed under this title without the written permission of that person.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1986, ch. 204, § 1.
Unless otherwise specified in regulations, no person shall take in any manner whatsoever from the territorial waters of this state, including the waters of the Atlantic Ocean, or have in their possession, any striped bass measuring less than sixteen inches (16″) in length. Striped bass shall be measured from the tip of the snout to the fork of the tail.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2023, ch. 281, § 4, effective June 22, 2023; P.L. 2023, ch. 282, § 4, effective June 22, 2023.
No person, firm, or corporation shall take, possess, sell, possess for sale, or offer for sale any striped bass measuring less than sixteen inches (16") in length, whether caught within the jurisdictional limits of this state or otherwise; provided, however, that this chapter shall not apply to striped bass packed and in transportation in unbroken packages and coming from any other state or country and destined for some point outside the state of Rhode Island; provided, that the packages shall be clearly marked by stencil, tag, or otherwise, showing the true origin of the shipment and its destination beyond the limits of the state of Rhode Island.
History of Section. P.L. 1981, ch. 197, § 3.
[Repealed]
History of Section. P.L. 1981, ch. 197, § 3; Repealed by P.L. 2011, ch. 357, § 2; P.L. 2011, ch. 369, § 2, effective July 13, 2011.
Unless otherwise specified by regulation, no person, firm, or corporation shall take, or attempt to take, with or by the use of a net, seine, or any other contrivance of any kind or description except by hook and line, spear, or by fish traps authorized under authority of chapter 5 of this title, as amended, any striped bass from the public waters of this state northerly of a line commencing at upper pier in the town of Narragansett and extending in a straight line in a northeasterly direction to Beavertail Lighthouse and thence continuing in a northeasterly direction in a straight line to Castle Hill Lighthouse in the city of Newport; nor shall any person, firm, or corporation take, or attempt to take, with or by the use of a seine, any striped bass from the beach in the town of Charlestown for a distance of three (3) miles to the east of Charlestown Inlet; provided, however, that it shall not be a violation of this section for any person to take striped bass by means of the seine, net, or other contrivance while fishing for other fish for the catching of which the use of the seine, net, or other contrivance is permitted if the striped bass is immediately returned to the waters from which taken; provided further, however, at all fish traps, between September first and October fourteenth in any year, there is no obstruction, except the trap anchor warp of the leader within one hundred fifty feet (150′) from the mean high water mark on shore that will stop the free passage of striped bass. For the purpose of this chapter, a “trap anchor warp” is any cable, wire, line, or like material or device, and shall not exceed three inches (3″) in diameter.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2023, ch. 281, § 4, effective June 22, 2023; P.L. 2023, ch. 282, § 4, effective June 22, 2023.
It shall be unlawful for any person to set, haul, and/or maintain a commercial gill net in the public waters of the state without first obtaining a license or permit as provided in § 20-2.1-5(2)(ii)(C). Any person violating the provisions of this section shall, upon conviction, be punished by a fine not exceeding five hundred dollars ($500) or imprisoned for not more than one year, or both.
History of Section. P.L. 1984, ch. 305, § 2; P.L. 2017, ch. 451, § 26.
(a) The director of the department of environmental management pursuant to the authority and provisions of this title shall issue and enforce rules, regulations, and orders with respect to the following matters and activities:
(1) Authorizing the transportation and sale of allowable species of live lobsters, live crabs, and live whelk by the holder of a license issued pursuant to subsection (a)(2), or by the authorized agent/crewmember of the license holder, from the vessel or dockside from the vessel on which the seafood was harvested to a consumer or licensed seafood retailer; and
(2) Issuance of a direct sale dealer license to applicants possessing a resident commercial fishing license or resident landing permit, and who provide documentation to the satisfaction of the director that the applicant has permission or authority from both the property owner and the municipality of the location where the sales subject to the provisions of subsection (a)(1) shall be conducted.
(b) Rules, regulations, and orders promulgated by the director pursuant to subsection (a) shall include the following provisions:
(1) Only the licensee, or a regularly employed crewmember of the licensee, may sell allowable species under the direct sale dealer license. To be eligible to conduct such sales, a crewmember must first receive written authorization from the licensee. Such authorization shall be in the form of a typewritten statement, signed and dated by the licensee, that expressly authorizes the crewmember to act on behalf of the licensee with regard to direct sales. The statement shall further specify: the name of the crewmember; the name of the vessel from which the sales are conducted; and the month and year that the crewmember began working on the vessel. The statement shall be kept on the vessel and be available at all times for inspection by department personnel. A crewmember who is acting on behalf of a licensee must comply with all applicable regulations governing direct sales, as set forth in this subsection, and the licensee shall be responsible for any violations of regulations by the crewmember;
(2) All direct sale activities must be conducted in a manner consistent with applicable federal, state, and municipal laws, regulations, and polices governing port and marina operations;
(3) Lobsters, crabs, and whelk must be sold live;
(4) Finfish may be headed, gutted, and bled dockside from the vessel. No other processing may be done dockside from the vessel;
(5) Transporting is limited to lobsters, crabs, and whelk harvested from individual vessels and sold and transported by the individual harvester or affiliated crewmembers. The name of the vessel and license holder, provided in writing and legible, must accompany all transported lobsters, crabs, and whelk; and
(6) All seafood must be stored and handled in a safe and sanitary manner pursuant to department regulations.
(c) Nothing in this section shall be construed to permit:
(1) The direct sale of histamine producing fish, including bluefish, tuna, mackerel, herring, mahi mahi, bonito, swordfish, marlin, sailfish, wahoo, anchovy, sardines, shad, menhaden as well as amberjack, escolar, hind, jack, kahawai, milkfish, saury, scad, spearfish, sprat and trevally, and striped bass; or
(2) The transportation for sale of finfish to consumers and/or retailers. All sales of finfish must be sold dockside from the vessel.
History of Section. P.L. 2021, ch. 166, § 1, effective July 6, 2021; P.L. 2021, ch. 167, § 1, effective July 6, 2021.
Narragansett Bay in its entirety is designated a menhaden management area. The area shall include the east and west passages of Narragansett Bay, Mt. Hope Bay, and the Sakonnet River, and be bordered on the south by a line from Bonnet Point to Beavertail Point to Castle Hill Light. The southern boundary will then extend from Land’s End to Sachuset Point and then to Sakonnet Point. All sections of the management area north of a line from Spink Neck in the town of North Kingstown to Pine Hill Point on Prudence Island and from a point at Homestead Dock on the easterly shore of Prudence Island, thence northeasterly to Hog Island Shoal Light, thence to the most easterly end of the Mt. Hope Bridge in the town of Portsmouth, and north of a line extending from McCurry Point, so called, on the east side of the town of Portsmouth northeasterly in a line to the southerly point of Jack’s Island, so called, in the town of Tiverton will be permanently closed to the taking of menhaden for reduction purposes by the use of purse seines.
History of Section. P.L. 1996, ch. 359, § 1.
All sections of the management area where purse seining for menhaden is allowed will be open as determined by the department of environmental management.
History of Section. P.L. 1996, ch. 359, § 1.
(a)(1) The taking of menhaden for reduction purposes (fish meal) is prohibited in Rhode Island and all state waters. A vessel will be considered in the reduction (fish meal) business if any portion of the vessel’s catch is sold for reduction purposes.
(2) The director of environmental management shall have the power to make emergency rules regarding this prohibition to protect the public health and safety from an unexpected hazard or risk. The marine fisheries council shall be notified of all emergency rules on or before their effective date.
(b) These restrictions shall in no way prevent the taking of menhaden by purse seine for bait, chum, or purposes other than fish meal reduction.
History of Section. P.L. 1996, ch. 359, § 1; P.L. 2002, ch. 213, § 1.
It shall be unlawful for any person to set a fish trap in the public waters of the state without first obtaining a permit as provided in this chapter. For the purposes of this chapter, “fish trap” means stub and floating traps, weirs, pounds, nets, or any other equivalent contrivance or thing set on, in, or anchored to the bottom or shore used for the purpose of catching fish.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2004, ch. 8, § 4; P.L. 2004, ch. 16, § 4.
The department of environmental management may issue permits duly signed and under its seal to set or erect and maintain fish traps, as provided in this chapter, to any resident of this state or to any corporations incorporated in the state, licensed in accordance with chapter 2.1 of this title, upon payment of an additional permit fee of twenty dollars ($20.00) per trap location for the permit period prescribed by § 20-5-9 for each permit.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2004, ch. 8, § 4; P.L. 2004, ch. 16, § 4.
(a) Any person desiring a permit for a location for erecting a fish trap shall make application in writing to the department of environmental management in any form and giving any information that the department may require.
(b) Each application for a location for a fish trap shall fix definitely the position of the desired location, with reference to prominent points on shore, and shall also show the dimensions of the trap and of the leader to be set in the desired location, and any other details the department may require.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2004, ch. 8, § 4; P.L. 2004, ch. 16, § 4.
Except as provided in § 20-5-5, no permit shall be granted for the erection within the public waters of the state of a fish trap any part of which is less than three thousand feet (3,000′) distant from an adjoining trap, measured parallel with the general coastline at such point as determined by the department of environmental management, or for a greater length of trap and leader than two hundred eighty (280) fathoms; provided, that the department of environmental management may grant a permit for the erection of a fish trap within a lesser distance of three thousand feet (3,000′) from an adjoining trap if the parties interested agree in writing to a lesser distance.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2004, ch. 8, § 4; P.L. 2004, ch. 16, § 4.
No permit shall be granted for the erection of a fish trap within that portion of the public waters of the state southerly of the island of Rhode Island, designated by the engineer’s office of the department of the army as available fishing areas, lying easterly of Brenton’s Reef and southerly of a line drawn from Coggeshall’s Point to Sakonnet Light, except as follows:
Permits may be granted for the erection of traps:
(1) Southeasterly from Seal Rock, so-called, in a line on range of White Church in Saunderstown over Seal Rock to the offshore limits of the outer area designated by the engineer’s office of the department of the army; provided, that all traps on this line shall be of equal length including leaders and shall be so limited in length that permits for eight (8) traps may be granted;
(2) Southeasterly from Flat Rock, so-called, on the easterly side of Coggeshall’s Point, in a line to the offshore limits of the inner or “summer” area designated by the engineer’s office of the department of the army;
(3) In a line from the westerly side of Price’s Neck, so-called, southwesterly for a distance not exceeding one thousand five hundred feet (1,500′); provided, that not more than two (2) traps shall be permitted in this line;
(4) In a line from the easterly side of Price’s Neck, so-called, southeasterly for a distance not exceeding three thousand three hundred feet (3,300′);
(5) Southeasterly from Coggeshall’s Point in a line to the eastern limits of the outer area designated by the engineer’s office of the department of the army;
(6) Southerly from Cormorant Rock, so-called, in a line for a distance of not exceeding seven thousand feet (7,000′);
(7) For two (2) traps only on the line constituting the offshore limits of the outer area designated by the engineer’s office of the department of the army at a point five thousand feet (5,000′) east-southeasterly of the southeastern end of the line from Seal Rock described in subsection (1);
(8) For two (2) traps only beginning at a point ten thousand feet (10,000’) east-southeasterly of the southeastern end of the line from Seal Rock described in subsection (1);
provided, that the traps and leaders described in subsections (7) and (8) shall extend parallel with the Seal Rock line. The provisions of § 20-5-4 shall not apply to permits for the erection of traps granted under this section with the exception of the provision in § 20-5-4 that no permits shall be granted for a greater length of trap and leader than two hundred eighty (280) fathoms, which provision shall apply to this section.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2004, ch. 8, § 4; P.L. 2004, ch. 16, § 4.
(a) No more than two (2) traps shall be set together in any continuous string of line, and there shall be a space of one hundred fifty (150) fathoms between two traps set within which no trap, leader, or other twine shall be placed.
(b) No more than three (3) traps shall be set, erected, or maintained by the holder of any permit issued hereunder in a manner to be consecutively arranged in any one of the lines described in § 20-5-5; provided, that this subsection shall not be deemed to limit the total number of traps that may be set, erected, or maintained in a line by a holder.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2004, ch. 8, § 4; P.L. 2004, ch. 16, § 4.
Each leader shall be set as nearly as may be in a straight line and, with the exception of the traps permitted by § 20-5-5(7) and (8), no bend or angle in each leader known commonly as a “hook-back” shall be permitted.
History of Section. P.L. 1981, ch. 197, § 3.
The director of environmental management shall, where there are two (2) or more applicants for permits for the same location or for locations that are less than three thousand feet (3,000′) apart, determine which applicant has continuously during the fishing season occupied the location for the longer period of years; and the applicant who shall establish a priority of location shall, if otherwise properly qualified, be entitled to receive a permit for the location.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2004, ch. 8, § 4; P.L. 2004, ch. 16, § 4.
(a) All permits issued under this chapter shall be for a three-year period or for that portion thereof expiring on the last day of December of each third year thereafter.
(b) On termination of any permit, the department may renew the permit by issuing a new permit in place of the permit, provided application for renewal is made within ten (10) days before the termination in a manner similar to that required for application for a permit in § 20-5-3. Failure to apply for renewal shall operate to leave the location available for an application by any other person.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2004, ch. 8, § 4; P.L. 2004, ch. 16, § 4.
(a) The holder of any permit, or the holder’s heirs, executors, administrators, successors, or assigns shall have the exclusive right to fish the location by means of a fish trap, provided that the site is, and has been, actively fished.
(b) Any holder of a permit may, with the approval of the director of environmental management, transfer the permit to any suitable person. This approval shall be endorsed on the permit in order to become effective.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2004, ch. 8, § 4; P.L. 2004, ch. 16, § 4.
The director of environmental management shall cause an inspection, or inspections, of the fish traps permitted to be made at a proper time, or times, in each year for the purpose of determining whether the traps are located in accordance with the permit for these traps and whether the permittee is observing the rules and regulations fixed by the director.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2004, ch. 8, § 4; P.L. 2004, ch. 16, § 4.
If, upon inspection, it appears that any trap is improperly located, or it is otherwise being used in violation of the rules and regulations fixed by the director, the director of environmental management shall immediately cause notice to be given to the holder of any permit; and if those facts are established at a hearing, the director may suspend or revoke the permit.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2004, ch. 8, § 4; P.L. 2004, ch. 16, § 4.
On or before the tenth day of January in each year, every person holding a permit pursuant to this chapter shall notify the department of environmental management in writing, under oath, what traps were placed under the permit during the preceding calendar year. Failure to furnish this information makes the permit null and void after that date. Failure to place a complete fish trap on a permitted location for a part of one calendar year may, in the discretion of the director of environmental management, make the permit for the fish trap null and void and the location will then become available for any suitable applicant. A permit for a fish trap location becomes null and void upon the removal of the holder from the state.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2004, ch. 8, § 4; P.L. 2004, ch. 16, § 4.
Upon ceasing to use any fish trap as authorized, that structure shall at once be removed by the owner at the owner’s expense and to the satisfaction of the director of environmental management. Failure to remove it shall be considered sufficient grounds for prosecution of the owner for maintaining a public nuisance or for revocation of the fish trap permit. Unless otherwise specified by regulations adopted by the marine fisheries council, all fish traps authorized in this chapter shall be completely removed by or before the last day of December of each year and no fish trap shall be reset before the first day of the following March. All submerged or broken stakes must be promptly removed. Any fish trap damaged or allowed to get into a dilapidated condition will be regarded as abandoned unless promptly removed or rebuilt. Failure to do this will subject the owner to prosecution and forfeiture of the trap.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2004, ch. 8, § 4; P.L. 2004, ch. 16, § 4.
The department may take possession of any abandoned fish trap and appurtenances; or any fish trap and appurtenances placed in a location for which no permit has been obtained; or any fish trap and appurtenances for which a permit location has been obtained but that the owner of the fish trap and appurtenances may willfully maintain in a wrong position or location; and may destroy the fish trap and appurtenances, or may dispose of them at public auction to the highest bidder, first giving notice of the time and place of sale by publishing the notice at least three (3) times a week for two (2) successive weeks in a newspaper of general circulation with power to adjourn the sale from time to time, giving like notice of the adjournment; and make and execute to the purchaser at the sale a good and sufficient conveyance of all right, title, and interest in and to the fish trap and appurtenances; and to receive the proceeds of the sale and pay the proceeds into the treasury of the state; and the state controller shall draw orders upon the general treasurer for the payment of all expenses of taking possession and disposing of a fish trap and any appurtenances, upon receipt by him or her of proper vouchers, approved by the director of environmental management, and the general treasurer shall pay the orders out of moneys appropriated for that purpose.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2004, ch. 8, § 4; P.L. 2004, ch. 16, § 4.
The director of environmental management, with the concurrence of the marine fisheries council, may adopt and amend any rules and regulations in reference to fish traps, permitted under this chapter, that may appear to him or her necessary for the public safety and for the proper execution of this chapter.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2004, ch. 8, § 4; P.L. 2004, ch. 16, § 4.
The superior court, upon the application of the director of environmental management, shall have jurisdiction in equity to enjoin the violation of any of the provisions of this chapter and to enforce the orders of the director provided for in this chapter.
History of Section. P.L. 1981, ch. 197, § 3.
Any person who willfully or maliciously cuts, removes, displaces, tampers with, or in any way damages any trap, leader, or pound set by virtue of the permit provided for by this chapter shall be imprisoned not exceeding two (2) years, or fined not exceeding one thousand dollars ($1,000), or both.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2004, ch. 8, § 4; P.L. 2004, ch. 16, § 4.
Every person or corporation willfully violating any of the provisions of this chapter, or any rule or regulation adopted under the authority of this chapter, shall be punished by a fine not exceeding five hundred dollars ($500), nor less than one hundred dollars ($100), or imprisoned (in the case of a natural person) not exceeding one year, or by both punishments, in the discretion of the court. Proper proceedings for violation of any of the provisions of this chapter shall be instituted by the attorney general.
History of Section. P.L. 1981, ch. 197, § 3.
The general assembly shall annually appropriate any sums it may deem sufficient to be expended by the department of environmental management under the provisions of this chapter; and the state controller is authorized and directed to draw orders upon the general treasurer for those sums that may, from time to time, be required, upon receipt by him or her of proper vouchers approved by the director of environmental management.
History of Section. P.L. 1981, ch. 197, § 3.
It shall be unlawful to place any fish trap, as defined in this chapter, in the public waters of this state within one mile of the shore of the Island of Conanicut and no permit for this purpose shall be granted.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2004, ch. 8, § 4; P.L. 2004, ch. 16, § 4.
Each section of this chapter, and each part of each section, is hereby declared to be an independent section; and the holding of any section or sections in part or parts of sections to be void, ineffective, or unconstitutional for any cause, shall not be deemed to affect any other section or part thereof.
History of Section. P.L. 1981, ch. 197, § 3.
Unless otherwise specified in regulations, any resident of this state may, without a license, take in any one day during the open season, if applicable, not more than one half (½) bushel each of quahaugs, soft-shell clams, sea clams, oysters, and mussels, and not more than one bushel of scallops; provided, that those quahaugs, soft-shell clams, sea clams, oysters, mussels, or scallops shall not be sold or offered for sale.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2023, ch. 281, § 5, effective June 22, 2023; P.L. 2023, ch. 282, § 5, effective June 22, 2023.
Unless otherwise specified in regulations, the open season for taking oysters from the free and common oyster fisheries in any of the waters of this state shall be between the fifteenth day of September and the fifteenth day of May. Any person taking any oysters or exposing any oysters for sale taken from the free and common fisheries in state waters in violation of the provisions of this section shall, upon conviction, be fined no less than fifty dollars ($50.00) nor more than five hundred dollars ($500) and costs for each offense.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2023, ch. 281, § 5, effective June 22, 2023; P.L. 2023, ch. 282, § 5, effective June 22, 2023.
Unless otherwise specified in regulations, the open season for taking scallops from the free and common scallop fisheries in any of the waters of the state shall be between sunrise of the first day of October and sunset on the last day of December of every year. Any person taking scallops in violation of this section shall, upon conviction, be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) or imprisoned not exceeding thirty (30) days for each offense.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2002, ch. 47, § 9; P.L. 2023, ch. 281, § 5, effective June 22, 2023; P.L. 2023, ch. 282, § 5, effective June 22, 2023.
No boat shall be used in the taking of quahaugs by dredge or the commercial taking of scallops unless that boat has been registered with the director of environmental management. Each registered boat shall be issued a certificate of registration and assigned a number, and this number shall be displayed on a flat surface in a conspicuous place upon the port side while the boat is engaged in taking quahaugs or scallops.
History of Section. P.L. 1981, ch. 197, § 3.
Each boat registered pursuant to § 20-6-4 shall be operated only by the person to whom that boat was registered; provided that person is duly licensed for the activity engaged in. Each registered boat used shall be limited, no matter how many persons are on board, to the catch limit established for one licensee.
History of Section. P.L. 1981, ch. 197, § 3.
Each boat used in the commercial taking of oysters, soft-shell clams, surf clams, mussels, or quahaugs, other than by dredging, shall be registered with the director of environmental management. Upon registration, and the payment of a fee of two dollars ($2.00), the boat shall be issued a registration number to be displayed on the boat while engaged in shellfishing.
History of Section. P.L. 1981, ch. 197, § 3.
Except as hereinafter provided and unless otherwise specified by regulation, no person shall take any oysters, bay quahaugs, or soft-shell clams from the waters of this state by dredges, rakes, or other apparatus operated by mechanical power or hauled by power boats. No licensed person shall cast, haul, or have overboard any dredges while fishing for oysters, bay quahaugs, or soft-shell clams from the free and common fisheries of this state, nor shall any licensed boat be used for fishing oysters, soft-shell clams, or bay quahaugs with dredges, except as provided in this section; provided, that any person having a license issued under this title for the taking of scallops may use a dredge or dredges, not exceeding six (6) in number nor exceeding twenty-eight inches (28″) each in width, for that purpose; provided further, that the licensee shall immediately return all oysters, soft-shell clams, or bay quahaugs caught by the licensee to the waters from which they were taken. Any licensed boat may be used in dredging for mussels by the licensee of that boat, the licensee having first obtained a permit from the director of environmental management allowing the licensee so to do; provided, the licensee, while dredging for mussels under the permit granted the licensee by the director, shall immediately return all oysters, scallops, or bay quahaugs caught by the licensee to the waters from which they were taken. The fact of any licensed person being found with oysters, scallops, or bay quahaugs in their possession while dredging for mussels shall be prima facie evidence that person was fishing in violation of the provisions of this chapter and shall be subject to the penalties and fines imposed by this chapter. Any resident dredging for surf clams or skimmers shall not be in violation of this section if that dredging is done southerly of the coastline of Little Compton, southerly of a line extending from Church point, in the town of Little Compton, to Flint point on Aquidneck Island, southerly of the coastline of Aquidneck Island, southerly of a line extending from Castle Hill point on Aquidneck Island, to southwest point of Conanicut Island to Bonnet point, Narragansett, easterly of the coastline of the town of Narragansett, southerly of the coastline of the towns of Narragansett, South Kingstown, and Charlestown, and westerly to the Connecticut line. For the purpose of this section, “coastline” refers to the land facing the open sea.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2023, ch. 281, § 5, effective June 22, 2023; P.L. 2023, ch. 282, § 5, effective June 22, 2023.
Pursuant to good conservation practices, the director shall be authorized to open areas of the public waters of the state for taking quahaugs under license by a registered boat, by dredges, rakes, or other apparatus operated by mechanical power or hauled by power boats, and shall be authorized to close those areas at any time there is a danger of depletion of quahaugs or when flagrant violations of this chapter occur.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2023, ch. 281, § 5, effective June 22, 2023; P.L. 2023, ch. 282, § 5, effective June 22, 2023.
Every person taking in any one day more than one half (½) bushel each of oysters, bay quahaugs, soft-shell clams, sea clams, or mussels from the free and common fisheries of this state, without a license, shall be fined, upon conviction, not exceeding fifty dollars ($50.00) and costs for each one half (½) bushel or fraction thereof above the stated limits or be imprisoned not exceeding thirty (30) days, or both.
History of Section. P.L. 1981, ch. 197, § 3.
(a) Unless otherwise specified by regulation, a holder of a commercial shellfishing license may take and/or possess, in any one day, up to twelve (12) bushels of quahaugs, twelve (12) bushels of soft-shell clams, and three (3) bushels of oysters.
(b) A holder of a nonresident shellfishing license may take in any one day not more than one peck each of oysters, quahaugs, soft-shell clams, surf clams, or mussels. Any person taking more than these allowances in any one day shall be fined upon conviction one hundred dollars ($100) for each bushel or part of a bushel exceeding the prescribed quantity or be imprisoned not exceeding thirty (30) days, or both.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1987, ch. 254, § 3; P.L. 2017, ch. 451, § 27; P.L. 2023, ch. 281, § 5, effective June 22, 2023; P.L. 2023, ch. 282, § 5, effective June 22, 2023.
(a) No person shall take and/or possess any quahogs less than one inch (1") shell thickness (hinge width). In addition, no person shall take and/or possess soft-shell clams, taken from the free and common soft-shell clam fisheries, of a diameter less than one and one half inches (1½") taking the maximum shell diameter, or any oysters, taken from the free and common oyster fisheries, measuring less than three inches (3") measured parallel to the long axis of the oyster, unless greater minimum sizes are established by the director, in consultation with the marine fisheries council. Any person who takes and/or possesses shellfish of less than the minimum size, as delineated above, upon conviction, shall be fined not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) for each and every fifteen (15) shellfish taken. Additionally, any person who takes and/or possesses shellfish of less than the minimum size commingled and/or otherwise stored or contained with shellfish of not less than the minimum size, where the percentage of the less than minimum size shellfish is not less than ten percent (10%) of the total piece count of the commingled and/or otherwise stored or contained package, shipment, or container, shall be subject to seizure and/or forfeiture of the entire commingled and/or otherwise stored or contained package, shipment, or container, in accordance with the provisions of §§ 20-1-8(a)(5) and (a)(6) and 20-1-8.1.
(b) Notwithstanding the provisions of subsection (a) above, the director of the department of environmental management is authorized to promulgate regulations establishing a special exemption permit that would exempt department of health-licensed food processing facilities from the one-inch-minimum (1") size restriction governing bay quahogs. The exemption permit may only apply to frozen, packaged, cultured bay quahog products shipped into Rhode Island for redistribution outside of the state. The regulations shall prescribe the procedures to apply for the exemption permit and the standards to be employed by the director in his or her consideration of the application. The regulations shall prescribe rules governing the conduct and operation of the facility and may include restrictions on product forms, sizes, possession requirements, and other provisions in order to maintain the protection of the quahog resource and enforcement of the provisions of this chapter.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1988, ch. 166, § 1; P.L. 1989, ch. 413, § 1; P.L. 2002, ch. 47, § 9; P.L. 2004, ch. 430, § 1; P.L. 2004, ch. 507, § 1; P.L. 2017, ch. 451, § 27.
Any person licensed to take quahaugs by dredge, rake, or other apparatus operated by power or hauled by a power boat may take and possess, between sunrise and sunset of any one day, thirty (30) bushels of quahaugs, unless a different amount is specified by regulation. Any person taking more than the prescribed quantity shall be fined, upon conviction, not more than one hundred dollars ($100) for each bushel exceeding the prescribed quantity or be imprisoned not exceeding thirty (30) days, or both.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2023, ch. 281, § 5, effective June 22, 2023; P.L. 2023, ch. 282, § 5, effective June 22, 2023.
Any person who, without a license, takes quahaugs by dredge, or any person who violates any suspension of the director of environmental management made with respect to quahaug dredging or who violates any provisions of this chapter for which a penalty is not otherwise provided, shall, upon conviction for the first offense, be fined two hundred fifty dollars ($250) and the director may seize, hold, and impound, at the owner’s expense, in one of three (3) commercial shipyards submitting the lowest bid, for a period of not less than thirty (30) days nor more than sixty (60) days, any power boat used in the violation of this section together with its dredges, rakes, and equipment. Any person convicted of a subsequent violation, or violations, of the provisions of this section shall be imprisoned for thirty (30) days and the director of environmental management may seize, hold, and impound, at the owner’s expense, in a commercial shipyard for a period of not less than ninety (90) nor more than one hundred twenty (120) days, any power boat used in the violation of this chapter together with its dredges, rakes, and equipment.
History of Section. P.L. 1981, ch. 197, § 3.
Any costs incurred by the seizure and impounding of power boats by authority of § 20-6-13 shall be assessed against the owner, or owners, of those boats, and none of these seized and impounded boats shall be released to any claimant, unless and until, any costs incurred by reason of their seizure and impounding shall have been paid.
History of Section. P.L. 1981, ch. 197, § 3.
No person, either as principal, agent, or employee, shall dig or take by any method other than by forks, rakes, hoes, tongs, or any other device operated by hand, from any of the waters of this state, any soft-shell clam. Any violation of the provisions of this section shall be punishable by a fine of not less than ten ($10.00) nor more than fifty dollars ($50.00).
History of Section. P.L. 1981, ch. 197, § 3.
Unless otherwise specified by regulation, a person holding a license for the commercial taking of scallops shall take in any one day not more than ten (10) bushels of scallops, including shells, from the waters of the state.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2023, ch. 281, § 5, effective June 22, 2023; P.L. 2023, ch. 282, § 5, effective June 22, 2023.
Every person taking any seed scallops, and failing to restore them as soon as possible to their natural beds in the water from which taken, shall be fined not less than twenty dollars ($20.00) nor more than one hundred dollars ($100) or be imprisoned not exceeding thirty (30) days, or both, for each offense. For the purpose of this chapter, a “seed scallop” means a scallop with a bright, thin, slightly curved shell with no foreign adherent, the shell having no well-defined raised annual growth line, and the scallop being less than one year old.
History of Section. P.L. 1981, ch. 197, § 3.
Any person offering for sale any scallops, other than during the open season for taking scallops, shall be fined not less than twenty dollars ($20.00) nor more than one hundred dollars ($100) for each quart offered for sale, or be imprisoned not exceeding thirty (30) days, or both; provided, however, it shall be lawful to possess or offer for sale frozen scallops legally taken.
History of Section. P.L. 1981, ch. 197, § 3.
Unless otherwise specified by regulation, no person engaged in the taking of scallops shall use more than six (6) single dredges, the blades of which shall not be more than twenty-eight inches (28″) in width, and the bag used shall not be more than thirty-six inches (36″) in length. Every single dredge shall be towed and hauled aboard the registered boat individually.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2023, ch. 281, § 5, effective June 22, 2023; P.L. 2023, ch. 282, § 5, effective June 22, 2023.
Any person who tows a scallop dredge in the waters of the state during the season closed to the taking of scallops shall, upon conviction, be fined not less than twenty dollars ($20.00) nor more than one hundred dollars ($100) or imprisoned not exceeding thirty (30) days, or both, for each offense.
History of Section. P.L. 1981, ch. 197, § 3.
No person shall possess the meats of more than six (6) shellfish while shellfishing on the waters of the state or throw the shells of open scallops onto the scallop beds.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1987, ch. 254, § 3.
The director of environmental management may conduct any scallop transplant programs as may be appropriate to enhance scallop stock, seed depleted areas, and further the scallop harvest in the state.
History of Section. P.L. 1981, ch. 197, § 3.
Notwithstanding the provisions of any general or public law to the contrary, any person who takes any oysters, clams, quahaugs, scallops, or mussels from any of the waters of this state during the hours between sundown and sunrise shall, upon conviction, be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment not exceeding three (3) years, or both; and any boat, dredges, rakes, or other equipment used in this violation shall be forfeited to the state.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1988, ch. 166, § 1.
[Repealed]
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1983, ch. 173, § 3; P.L. 1986, ch. 214, § 3; repealed by P.L. 2021, ch. 162, art. 7, § 7, effective July 6, 2021.
All moneys derived from payments received for fishing licenses required under the provisions of this chapter shall be deposited with the general treasurer, and the general assembly shall annually appropriate any sum that it deems necessary for the protection, cultivation, research, and management of shellfish; and the state controller is authorized and directed to draw orders upon the general treasurer for payment of any sums that may be necessary, from time to time, upon receipt by the controller of duly authenticated vouchers presented by the director of the department of environmental management; provided, however, nothing in this section shall be construed to deprive the licensing agents of their recording fees.
History of Section. P.L. 1981, ch. 197, § 3.
The director of environmental management is authorized and directed, after requiring all necessary safeguards, to transfer shellfish from uncertified waters of the state to approved areas. The director may make rules and regulations governing the reharvest of those shellfish to the best economical benefit of the state after all necessary safeguards to insure their cleanliness.
History of Section. P.L. 1981, ch. 197, § 3.
Those areas to which the shellfish are transferred shall be marked out and dredging, raking, or tonging on them shall be prohibited except under the special direction of the director.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1988, ch. 166, § 1.
For the transfer of shellfish pursuant to § 20-6-26, the director is authorized to hire dredge boats or handrakers and to set the rate of payment. Any transferred shellfish may be sold by the director, and the proceeds of that sale retained under the control of the director for the purpose of assisting in the cost of the transfer of shellfish from uncertified waters to approved areas, from time to time, as the transfer becomes necessary or expedient.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1989, ch. 542, § 32; P.L. 1995, ch. 370, art. 42, § 1; P.L. 1998, ch. 441, § 16.
Any person violating rules or regulations promulgated by the director of environmental management as provided for in §§ 20-6-26 — 20-6-28, shall, upon conviction, be subject to a fine not exceeding five hundred dollars ($500) or imprisoned not exceeding thirty (30) days, or both.
History of Section. P.L. 1981, ch. 197, § 3.
(a) It is hereby prohibited to take shellfish by the use of a self-contained underwater breathing apparatus (SCUBA) from Green Hill Pond, Quonochontaug Pond, Charlestown Pond, and Potters Pond.
(b) Penalty. Any person convicted of taking shellfish as set forth in subsection (a) shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment not exceeding thirty (30) days, or both.
History of Section. P.L. 2001, ch. 412, § 1.
No person, either as principal, agent, or servant, shall, at any time, catch or take any lobster from any of the waters in the jurisdiction of this state, or place, set, keep, maintain, supervise, lift, raise, or draw in or from any of those waters, or cause to be placed, set, kept, maintained, supervised, lifted, raised, or drawn in or from any of those waters, any pot or other contrivance, designed or adapted for the catching or taking of lobsters, unless licensed to do so.
History of Section. P.L. 1981, ch. 197, § 3.
No operator of a Rhode Island-registered boat engaged in trawling for finfish in Rhode Island territorial waters may retain and sell any lobsters taken, unless that operator has a commercial lobster license.
History of Section. P.L. 1981, ch. 197, § 3.
A holder of a noncommercial lobster license may set, place, or maintain in the water at any one time not more than five (5) lobster pots or traps. A noncommercial lobster licensee shall not offer for sale or sell lobsters.
History of Section. P.L. 1981, ch. 197, § 3.
A holder of a diver’s license shall take no more than eight (8) lobsters in any one day. It shall be unlawful for any diver to use a spear, gig, gaff, or other penetrating device to harvest lobsters or, while diving, to set, open, or tend lobster pots. It shall be unlawful for lobsters taken by divers to be sold or offered for sale.
History of Section. P.L. 1981, ch. 197, § 3.
Any person having charge of a vessel carrying lobsters who lands in the state of Rhode Island and who is not licensed under any of the provisions of this chapter shall be required to have a seller’s license. Any person violating the provisions of this section shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or imprisoned not exceeding thirty (30) days, or both.
History of Section. P.L. 1981, ch. 197, § 3.
[Repealed]
History of Section. P.L. 1992, ch. 133, art. 17, § 5; repealed by P.L. 2021, ch. 162, art. 7, § 8, effective July 6, 2021.
If any person to whom a seller’s or a commercial lobster license is granted becomes incapacitated for any reason from using that license, that person may permit his or her agent or employee, if a citizen or legal resident of the United States, to perform those duties under the license that may be necessary during the period of the licensee’s incapacity; provided that the incapacitated licensee has notified the director of environmental management prior to the transfer of those duties.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1996, ch. 164, § 7.
(a) If a person licensed under this chapter is convicted of any of the following offenses, his or her license shall be suspended for the following periods:
(1) Possession of ten (10) or more undersize lobsters, but not more than nineteen (19), in violation of § 20-7-10, one month;
(2) Possession of twenty (20) or more undersize lobsters, in violation of § 20-7-10, one year;
(3) Possession of mutilated lobsters or lobster meat, in violation of § 20-7-14, one year;
(4) Possession of one or more brushed female berried lobsters, in violation of § 20-7-10, one year;
(5) Possession of ten (10) or more egg-bearing female lobsters, in violation of § 20-7-10, one year;
(6) Unauthorized raising of another’s lobster pots, in violation of § 20-4-8, one year;
(7) Use or possession of a lobster pot from which the markings or branded numbers have been removed, altered, or obliterated, in violation of § 20-7-12, one year; and
(8) Failure to file reports of lobsters taken, as required by § 20-7-9, one year.
(b) Any person whose license is so suspended shall not engage in the lobster fishery of this state during the specified period of suspension. Any person who is convicted of engaging in the lobster fishery during the specified period of suspension shall be fined five thousand dollars ($5,000) or imprisoned for thirty (30) days, or both. The license of any person convicted a second time of any of the offenses set forth in subsection (a) shall be revoked for three (3) years and the person whose license is revoked shall not engage in the lobster fishery of this state in any way while the revocation is in force, under a penalty of sixty (60) days’ imprisonment or a fine of ten thousand dollars ($10,000), or both, for each offense.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1987, ch. 254, § 4.
(a) If a person licensed under this chapter is found, pursuant to § 42-17.1-2, to have violated any of the following offenses, his or her license shall be suspended for the following periods:
(1) Possession of ten (10) or more undersize lobsters, but not more than nineteen (19), in violation of § 20-7-10, one month;
(2) Possession of twenty (20) or more undersize lobsters, in violation of § 20-7-10, one year;
(3) Possession of mutilated lobsters or lobster meat, in violation of § 20-7-14, one year;
(4) Possession of one or more brushed female berried lobsters, in violation of § 20-7-10, one year;
(5) Possession of ten (10) or more egg-bearing female lobsters, in violation of § 20-7-10, one year;
(6) Unauthorized raising of another’s lobster pots, in violation of § 20-4-8, one year;
(7) Use or possession of a lobster pot from which the markings or branded numbers have been removed, altered, or obliterated, in violation of § 20-7-12, one year; and
(8) Failure to file reports of lobsters taken, as required by § 20-7-9, one year.
(b) Any person whose license is so suspended shall not engage in the lobster fishery in this state during the specified period of suspension. Any person who is found, pursuant to § 42-17.1-2, to have engaged in the lobster fishery during the specified period of suspension shall pay an administrative penalty of five thousand dollars ($5,000).
(c) The license of any person found, pursuant to § 42-17.1-2, to have violated any of the offenses set forth in subsection (a) a second time shall be revoked for three (3) years and the person whose license is revoked shall not engage in the lobster fishery of this state in any way while the revocation is in force, and in addition shall pay an administrative penalty of ten thousand dollars ($10,000) for each violation.
(d) In addition to any other sanctions provided by law, any person found, pursuant to § 42-17.1-2, to have violated any of the provisions of this chapter shall pay an administrative penalty of not less than fifty dollars ($50.00), nor more than five hundred dollars ($500), for each lobster taken or possessed in violation of the provisions of this chapter.
(e) Any person aggrieved by a final decision under this section may appeal the decision in accordance with the provisions of the Administrative Procedures Act, chapter 35 of title 42.
History of Section. P.L. 1987, ch. 254, § 5.
Each person or agent, as defined in § 20-7-1, licensed under the provisions of this chapter shall, upon demand of the director of the department of environmental management or any of the director’s deputies, exhibit the license issued to him or her as provided in § 20-7-1. Every person violating the provisions of this section shall, for each offense, be fined up to fifty dollars ($50.00).
History of Section. P.L. 1981, ch. 197, § 3.
For the purpose of determining whether the number of lobsters caught in the waters of this state are increasing or decreasing during any period, every person licensed pursuant to § 20-2-24 to catch, take, and/or sell lobsters in Rhode Island shall, upon request of the department of environmental management, report catch and effort statistics upon forms furnished by the department. The returns from any person shall not be made public; shall be kept only in the files of the department; and shall be used only for statistical purposes.
History of Section. P.L. 1981, ch. 197, § 3.
(a)(1) Unless otherwise specified by regulations, no person shall catch or take from any of the waters within the jurisdiction of this state, or have in their possession within this state, any lobster, or parts of lobsters, cooked or uncooked, that is less than three and three sixteenths inches (3316″) measured from the rear of the eye socket along a line parallel to the center line of the body shell to the rear end of the carapace.
(2) The minimum size of three and three sixteenths inches (3316″) shall be increased as follows:
(i) On January 1, 1988, 132″ from 3316″ to 3732″;
(ii) On January 1, 1989, 132″ from 3732″ to 314″;
(iii) On January 1, 1991, 132″ from 314″ to 3932″;
(iv) On January 1, 1992, 132″ from 3932″ to 3516″.
(b) No person shall have in their possession within this state any female lobster bearing eggs or from which the eggs have been brushed or removed.
(c) In addition to any penalties specified in other sections of this chapter, every person violating any of the provisions of this section shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500) for each lobster in violation of this regulation or be imprisoned not exceeding thirty (30) days, or both. Any person licensed under this chapter catching and taking any lobster as described in subsection (a) or (b), and immediately returning the lobster alive to the water from which it was taken, shall not be subject to these fines or penalties. The possession of any lobster as described in subsection (a) or (b), cooked or uncooked, shall be prima facie evidence that the lobster was caught and taken in violation of this section. Any person convicted a second time of a violation of this section shall be fined five hundred dollars ($500) and be deprived of the privilege of fishing for lobsters within the state for three (3) years, after conviction, under a penalty of sixty (60) days’ imprisonment or a fine of five hundred dollars ($500), or both, for each offense.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1983, ch. 107, § 1; P.L. 1988, ch. 305, § 1; P.L. 2023, ch. 281, § 6, effective June 22, 2023; P.L. 2023, ch. 282, § 6, effective June 22, 2023.
(a) Each and every lobster pot, set, kept, or maintained, or caused to be set, kept, or maintained, in any of the waters in the jurisdiction of this state by any person licensed under this chapter, shall contain an escape vent in accordance with the following specifications:
(1) A rectangular escape vent with an unobstructed opening not less than 1¾ inches (44.5mm) by 6 inches (152.5mm); or
(2) Two (2) circular escape vents with an unobstructed opening not less than 2¼ inches (57.2mm) in diameter; or
(3) An unobstructed gap caused by raising both ends of a bottom lath in the parlor section 1¼ inches (44.5mm) from the bottom; or
(4) An unobstructed gap caused by separating both ends of two (2) vertical laths on the end of the parlor section by 1¾ inches (44.5mm); or
(5) An unobstructed gap created by cutting wires in a wire trap in such a manner as to meet the minimum size and number of vents required under subsections (a)(1) and (a)(2).
(b) The vent or gap shall be installed or made in the parlor section on the sides or end panel. No horizontal rectangular vent or gap or circular vent shall be located more than three inches (3″) from the sill of the trap. Traps equipped with multiple opposing parlor sections must adhere to the escape vent requirements specified in subsection (a)(1) or (a)(2) in each parlor section. Any fisher not complying with the provisions of this section or § 20-7-10 shall be fined in compliance with § 20-3-3 [repealed].
(c) The director shall have the power to establish larger escape vent sizes by regulation.
(d) Each lobster pot shall be separately and plainly buoyed; except that in cases where natural conditions render it impracticable to separately buoy each pot, the director of environmental management may, upon application from any person licensed under this chapter, grant permission to otherwise buoy those pots subject to rules and regulations promulgated by the director; and each and every permit so granted shall set forth the name of the person to whom the permit is granted; the number of the permit; the place or places where the lobster pots are to be located; the manner in which lobster pots shall be set; and the period of time during which the permit shall extend.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1988, ch. 305, § 1; P.L. 2023, ch. 281, § 6, effective June 22, 2023; P.L. 2023, ch. 282, § 6, effective June 22, 2023.
(a) Each and every pot, trap, or other device used for the taking of lobsters or crabs in any of the waters of this state shall bear a color scheme on the attached buoy. Each applicant for a lobster license shall state the color scheme that the applicant desires to use. These colors, unless disapproved by the director of environmental management, shall be stated in the license, and all buoys used by the licensee shall be marked accordingly. Each licensee shall cause the licensee’s color scheme to be displayed on any lobster boat used by the licensee in the waters of this state. Those colors shall be painted on the port and 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 boat excluding the mast and be visible for three hundred sixty degrees (360°). The buoy or colors must be prominently displayed on the vessel at all times that 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 of lobsters unless the color scheme of the attached buoy is the same as the color scheme that is on file with the license application and displayed on the boat used by that person, or unless that person is duly licensed and possesses written permission from the rightful owner of the pot, trap, or other device.
(c) The director has the authority to promulgate regulations requiring the tagging of lobster traps and to establish a fee for official state lobster trap tags. Any fee collected by the department will be retained by the agency, subject to § 20-2-28.2, to be used for the exclusive purpose of producing and distributing the trap tags and, if necessary, supporting other lobster fishery management measures, including enforcement of the trap tag program; provided, however, that: (1) The department shall not establish a fee to cover any cost other than the cost of trap tags without first obtaining a recommendation from an advisory committee in accordance with subsection (d); and (2) The department shall report to the general assembly regarding the need for the fee to cover any additional cost in accordance with subsection (d).
(d) The department shall create an advisory committee composed of five (5) members of the lobster industry that utilize trap tags. The director, or the director’s designee, will serve on the committee and act as chairperson. The committee will formulate recommendations on the expenditure of the funds derived from the tagging program. The department shall prepare an annual report for submittal to the general assembly that summarizes the status of the lobster management and trap tag program, management actions, program needs, and catch and effort data, and that provides an itemized listing of all program expenses. This report shall be available to the public and provided to each commercial fishing organization in the state.
History of Section. P.L. 1986, ch. 99, § 1; P.L. 2000, ch. 10, § 1; P.L. 2023, ch. 281, § 6, effective June 22, 2023; P.L. 2023, ch. 282, § 6, effective June 22, 2023.
No person shall set, maintain, or have in his or her possession any lobster pots from which the branded numbers have been altered, obliterated, or removed with the intent to defraud or deprive the owner. Every person convicted of violating the provision of this section shall be fined one hundred dollars ($100) for each of these traps or be imprisoned not more than thirty (30) days, or both. All pots used or possessed contrary to the provisions of this section and other sections of this chapter shall be seized by any officer engaged in the enforcement of this chapter and that property shall be forfeited.
History of Section. P.L. 1981, ch. 197, § 3.
(a) No person except the director of environmental management, enforcement officers, and authorized technical personnel of the department of environmental management shall place, set, keep, maintain, sell, transfer, or have in his or her possession, any pot, trap, car, or any other device used in taking or holding lobster or crabs, nor take, remove, or carry away from the beach or shore any pot, trap, car, or other device or line (warp) or buoy without the written permission of the their owner.
(b) Every person convicted of violating this section shall be fined not more than one thousand dollars ($1,000) for each offense, or be imprisoned not exceeding one year, or both, and each pot, trap, car, or device used in violation of this section shall constitute a separate offense. In addition, if that person is licensed, his or her license shall be revoked for one year.
History of Section. P.L. 1986, ch. 204, § 2.
No person shall raise or unduly disturb any lobster pot or trap within the territorial waters of this state between the hours of one hour after sundown and one hour before sunrise. Every person violating this section shall, upon conviction, be fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) or be imprisoned not exceeding one year, or both. However in situations of emergency upon application being made, the owner of the lobster pots or traps may be authorized to remove the pots or traps by the director of environmental management, or the director’s designee, during the prohibited hours. All boats, pots, or other equipment used in violation of this section shall be seized and forfeited to the state.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1992, ch. 133, art. 17, § 6.
(a)(1) No person shall mutilate any uncooked lobster by severing its tail from its body, or have in his or her possession any part, or parts, of any uncooked lobster so mutilated. In any and all prosecutions under this section, the possession of any part, or parts, of any uncooked lobster so mutilated shall be prima facie evidence sufficient to convict.
(2) The director of environmental management is authorized to promulgate regulations exempting land-based processing facilities from the provisions of this chapter. Those regulations shall prescribe the procedures to apply for the subject exemption permit and the standards to be employed by the director in his or her consideration of the application. Those regulations shall prescribe rules governing the conduct and operation of the facility and may include restrictions on product forms, sizes, possession requirements, and other provisions in order to maintain the protection of the lobster resource and enforcement of the provision of this chapter.
(b) Any fishing vessel operating in Rhode Island territorial waters shall not have on board at any time more than one pound of cooked or uncooked lobster meat for each person on board that vessel. Any violation of this section shall be punished by a fine of not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500), and imprisonment for not less than thirty (30) days, or both.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1997, ch. 276, § 1.
Unless otherwise specified by regulation, no person shall take, or attempt to take, any blue crabs from any of the waters in this state except by a scoop or crab net, trot, or hand line. Taking of blue crabs shall be restricted to residents of this state.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2023, ch. 281, § 6, effective June 22, 2023; P.L. 2023, ch. 282, § 6, effective June 22, 2023; P.L. 2024, ch. 189, § 1, effective June 17, 2024; P.L. 2024, ch. 190, § 1, effective June 17, 2024.
No person shall take, offer for sale, or possess at any time any female blue crab bearing eggs visible thereon, or from which the egg pouch or bunion has been removed. Unless otherwise specified by regulation, no person shall take, buy, sell, give away, expose for sale, or possess any blue crab measuring less than four and one-eighth inches (4⅛″) across the shell from tip to tip of spike.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2023, ch. 281, § 6, effective June 22, 2023; P.L. 2023, ch. 282, § 6, effective June 22, 2023.
Any person violating any of the provisions of §§ 20-7-15 and 20-7-16 shall be fined up to fifty dollars ($50.00) and costs for each offense.
History of Section. P.L. 1981, ch. 197, § 3.
The governor of this state is hereby authorized and directed to execute a compact on behalf of the state of Rhode Island with any one or more of the states of Maine, New Hampshire, Massachusetts, Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, and Florida and with such other states as may enter into the compact, legally joining therein in the form substantially as follows:
ATLANTIC STATES MARINE FISHERIES COMPACT
The contracting states solemnly agree:
ARTICLE I The purpose of this compact is to promote the better utilization of the fisheries, marine, shell and anadromous, of the Atlantic seaboard by the development of a joint program for the promotion and protection of such fisheries, and by the prevention of the physical waste of the fisheries from any cause. It is not the purpose of this compact to authorize the states joining herein to limit the production of fish or fish products for the purpose of establishing or fixing the price thereof, or creating and perpetuating monopoly.
ARTICLE II This agreement shall become operative immediately as to those states executing it whenever any two or more of the states of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia and Florida have executed it in the form that is in accordance with the laws of the executing state and the Congress has given its consent. Any state contiguous with any of the aforementioned states and riparian upon waters frequented by anadromous fish, flowing into waters under the jurisdiction of any of the aforementioned states, may become a party hereto as hereinafter provided.
ARTICLE III Each state joining herein shall appoint three (3) representatives to a commission hereby constituted and designated as the Atlantic States Marine Fisheries Commission. One shall be the executive officer of the administrative agency of such state charged with the conservation of the fisheries resources to which this compact pertains or, if there be more than one (1) officer or agency, the official of that state named by the governor thereof. The second shall be a member of the legislature of such state designated by the commission or committee on interstate co-operation of such state, or if there be none, or if said commission on interstate co-operation cannot constitutionally designate the said member, such legislator shall be designated by the governor thereof; provided, that if it is constitutionally impossible to appoint a legislator as a commissioner from such state, the second member shall be appointed by the governor of such state in his or her discretion. The third shall be a citizen who shall have a knowledge of and interest in the marine fisheries problem to be appointed by the governor. This commission shall be a body corporate with the powers and duties set forth herein.
ARTICLE IV The duty of the said commission shall be to make inquiry and ascertain from time to time such methods, practices, circumstances and conditions as may be disclosed for bringing about the conservation and the prevention of the depletion and physical waste of the fisheries, marine, shell and anadromous, of the Atlantic seaboard. The commission shall have power to recommend the co-ordination of the exercise of the police powers of the several states within their respective jurisdictions to promote the preservation of those fisheries and their protection against overfishing, waste, depletion or any abuse whatsoever and to assure a continuing yield from the fisheries resources of the aforementioned states.
To that end the commission shall draft and, after consultation with the advisory committee hereinafter authorized, recommend to the governors and legislatures of the various signatory states legislation dealing with the conservation of the marine, shell and anadromous fisheries of the Atlantic seaboard. The commission shall, more than one (1) month prior to any regular meeting of the legislature in any signatory state, present to the governor of the state its recommendations relating to enactments to be made by the legislature of that state in furthering the intents and purposes of this compact.
The commission shall consult with and advise the pertinent administrative agencies in the states party hereto with regard to problems connected with the fisheries and recommend the adoption of such regulations as it deems advisable.
The commission shall have power to recommend to the states party hereto the stocking of the waters of such states with fish and fish eggs or joint stocking by some or all of the states party hereto and when two or more of the states shall jointly stock waters the commission shall act as the co-ordinating agency for such stocking.
ARTICLE V The commission shall elect from its number a chairman and a vice chairman and shall appoint and at its pleasure remove or discharge such officers and employees as may be required to carry the provisions of this compact into effect and shall fix and determine their duties, qualifications and compensation. Said commission shall adopt rules and regulations for the conduct of its business. It may establish and maintain one or more offices for the transaction of its business and may meet at any time or place but must meet at least once a year.
ARTICLE VI No action shall be taken by the commission in regard to its general affairs except by the affirmative vote of a majority of the whole number of compacting states present at any meeting. No recommendation shall be made by the commission in regard to any species of fish except by the affirmative vote of a majority of the compacting states which have an interest in such species. The commission shall define what shall be an interest.
ARTICLE VII The fish and wildlife service of the department of the interior of the government of the United States shall act as the primary research agency of the Atlantic States Marine Fisheries Commission co-operating with the research agencies in each state for that purpose. Representatives of the said fish and wildlife service shall attend the meetings of the commission.
An advisory committee to be representative of the commercial fishers and the salt-water anglers and such other interests of each state as the commission deems advisable shall be established by the commission as soon as practicable for the purpose of advising the commission upon such recommendations as it may desire to make.
ARTICLE VIII When any state other than those named specifically in article II of this compact shall become a party thereto for the purpose of conserving its anadromous fish in accordance with the provisions of article II the participation of such state in the action of the commission shall be limited to such species of anadromous fish.
ARTICLE IX Nothing in this compact shall be construed to limit the powers of any signatory state or to repeal or prevent the enactment of any legislation or the enforcement of any requirement by any signatory state imposing additional conditions and restrictions to conserve its fisheries.
ARTICLE X Continued absence of representation or of any representative on the commission from any state party hereto shall be brought to the attention of the governor thereof.
ARTICLE XI The states party hereto agree to make annual appropriations to the support of the commission in proportion to the primary market value of the products of their fisheries, exclusive of cod and haddock, as recorded in the most recent published reports of the fish and wildlife service of the United States department of the interior, provided, no state shall contribute less than two hundred dollars ($200) per annum and the annual contribution of each state above the minimum shall be figured to the nearest one hundred dollars ($100).
The compacting states agree to appropriate initially the annual amounts scheduled below, which amounts are calculated in the manner set forth herein, on the basis of the catch record of 1938. Subsequent budgets shall be recommended by a majority of the commission and the cost thereof allocated equitably among the states in accordance with their respective interests and submitted to the compacting states.
Schedule of Initial Annual State Contributions.
| Maine | $ 700 | |
|---|---|---|
| New Hampshire | 200 | |
| Massachusetts | 2300 | |
| Rhode Island | 300 | |
| Connecticut | 400 | |
| New York | 1300 | |
| New Jersey | 800 | |
| Delaware | 200 | |
| Maryland | 700 | |
| Virginia | 1300 | |
| North Carolina | 600 | |
| South Carolina | 200 | |
| Georgia | 200 | |
| Florida | 1500 |
ARTICLE XII This compact shall continue in force and remain binding upon each compacting state until renounced by it. Renunciation of this compact must be preceded by sending six (6) months’ notice in writing of intention to withdraw from the compact to the other states party hereto.
History of Section. P.L. 1941, ch. 1021, § 1; G.L. 1956, § 20-8-1.
The state of Rhode Island hereby enters into an amendment of the Atlantic States Marine Fisheries Compact, § 20-8-1, with any one or more of the states of Maine, New Hampshire, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, South Carolina, Georgia, and Florida or such other states as may become party to that compact for the purpose of permitting the states that ratify this amendment to establish joint regulation of specific fisheries common to those states through the Atlantic States Marine Fisheries Commission and their representatives on that body. Notice of intention to withdraw from this amendment shall be executed and transmitted by the governor and shall be in accordance with article XII of the Atlantic States Marine Fisheries Compact, § 20-8-1, and shall be effective as to this state with those states which similarly ratify this amendment. This amendment shall take effect as to this state with respect to any other of the above-mentioned states as to take similar action.
AMENDMENT NO. 1 OF THE ATLANTIC STATES MARINE FISHERIES COMPACT
The states consenting to this amendment agree that any two or more of them may designate the Atlantic States Marine Fisheries Commission as a joint regulatory agency with such powers as they may jointly confer from time to time for the regulation of the fishing operations of the citizens and vessels of such designating states with respect to specific fisheries in which such states have a common interest. The representatives of such states on the Atlantic States Marine Fisheries Commission shall constitute a separate section of such commission for the exercise of the additional powers so granted provided that the states so acting shall appropriate additional funds for this purpose. The creation of such section as a joint regulatory agency shall not deprive the states participating therein of any of their privileges or powers or responsibilities in the Atlantic States Marine Fisheries Commission under the general compact.
History of Section. P.L. 1949, ch. 2360, § 1; G.L. 1956, § 20-8-2.
In pursuance of article III of the compact, § 20-8-1, there shall be three (3) members, hereinafter called “commissioners”, of the Atlantic States Marine Fisheries Commission, “the commission”, from the state of Rhode Island. The first commissioner shall be the director of environmental management, ex officio, and the term of that ex officio commissioner shall terminate when he or she ceases to hold the office of director of environmental management. That person’s successor as commissioner shall be his or her successor as director of environmental management. The second commissioner shall be a legislator and who may be a member of the commission on interstate cooperation, ex officio, designated by vote of the commission on interstate cooperation, and the term of that ex officio commissioner shall be for three (3) years and terminate when he or she ceases to hold legislative office or office as a commissioner on interstate co-operation, and his or her successor as commissioner shall be named in like manner. In the event that the commission on interstate cooperation shall have failed to have met and designated a commissioner, the position of commissioner shall alternate every three (3) years between a member of the house of representatives, appointed by the speaker, and a member of the senate appointed by the president of the senate, to a term of three (3) years which shall commence on July 1, and no commissioner appointed by the speaker or the senate president shall serve more than three (3) successive years. The appointments provided for herein shall commence on July 1, 2004, and the first appointment shall be made by the speaker of the house of representatives.
History of Section. P.L. 1941, ch. 1021, § 2; G.L. 1956, § 20-8-3; P.L. 2004, ch. 359, § 3.
The governor, by and with the advice and consent of the senate, shall appoint a citizen as a third commissioner who shall have a knowledge of, and interest in, the marine fisheries problem. The term of that commissioner shall be three (3) years and he or she shall hold office until his or her successor shall be appointed and qualified. Vacancies occurring in the office of that commissioner from any reason or cause shall be filled by appointment by the governor, by and with the advice and consent of the senate, for the unexpired term.
History of Section. P.L. 1941, ch. 1021, § 2; G.L. 1956, § 20-8-4.
The director of environmental management, as ex officio commissioner, may delegate, from time to time, to any deputy or other subordinate in his or her department or office, the power to be present and participate, including voting as his or her representative or substitute, at any meeting of, or hearing by, or other proceeding of the commission.
History of Section. P.L. 1941, ch. 1021, § 2; G.L. 1956, § 20-8-5.
Any commissioner may be removed from office by the governor upon charges and after a hearing.
History of Section. P.L. 1941, ch. 1021, § 2; G.L. 1956, § 20-8-6.
There is hereby granted to the commission and the commissioners all the powers provided for in the compact, § 20-8-1, and all the powers necessary or incidental to the carrying out of the compact in every particular. All officers of the state of Rhode Island are hereby authorized and directed to do all things falling within their respective provinces and jurisdiction necessary or incidental to the carrying out of the compact in every particular; it being hereby declared to be the policy of the state of Rhode Island to perform and carry out the compact and to accomplish its purposes. All officers, bureaus, departments, and persons of, and in, the state government or administration of the state of Rhode Island are authorized and directed at convenient times, and upon request of the commission, to furnish the commission with information and data possessed by them or any of them and to aid the commission by a loan of personnel or other means lying within their legal rights respectively.
History of Section. P.L. 1941, ch. 1021, § 3; G.L. 1956, § 20-8-7.
Any powers granted in this chapter to the commission shall be regarded as in aid of, and supplemental to, and in no case a limitation upon, any of the powers vested in the commission by other laws of the state of Rhode Island or by the laws of the states of Maine, New Hampshire, Massachusetts, Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, and Florida or by the Congress or the terms of the compact.
History of Section. P.L. 1941, ch. 1021, § 4; G.L. 1956, § 20-8-8.
The commission shall keep accurate accounts of all receipts and disbursements and shall report to the governor and the legislature of the state of Rhode Island on or before the tenth day of December in each year, setting forth in detail the transactions conducted by it during the twelve (12) months preceding December 1st of that year, and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of the state of Rhode Island that may be necessary to carry out the intent and purposes of the compact between the signatory states, § 20-8-1.
History of Section. P.L. 1941, ch. 1021, § 5; G.L. 1956, § 20-8-9.
The controller of the state of Rhode Island is authorized and empowered from time to time to examine the accounts and books of the commission, including its receipts and disbursements, and any other items referring to its financial standing as the controller may deem proper, and to report the results of that examination to the governor of the state.
History of Section. P.L. 1941, ch. 1021, § 5; G.L. 1956, § 20-8-10.
The general assembly shall annually appropriate any sum it may deem necessary to carry out the provisions of this chapter; and the controller is authorized and directed to draw orders upon the general treasurer for the payment of that sum, or so much of that sum as may be required from time to time, upon the receipt by the controller of proper vouchers approved by the chairperson of the commission.
History of Section. P.L. 1941, ch. 1021, § 6; G.L. 1956, § 20-8-11.
If any provision of this chapter or the application of this chapter to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
History of Section. P.L. 1941, ch. 1021, § 9; G.L. 1956, § 20-8-12.
Unless otherwise specifically provided in this chapter, the following definitions shall apply to this chapter:
(1) “Approved” means approved by the director;
(2) “Conditionally approved water” means and includes any shellfish grounds underlying waters examined and found fit for the taking of shellfish for human consumption on an intermittent basis, declared by the director as conditionally approved waters pursuant to §§ 20-8.1-3 and 20-8.1-4;
(3) “Department” means the state department of environmental management;
(4) “Director” means the director of the state department of environmental management or his or her duly appointed agents;
(5) “Person” means any individual, firm, copartnership, association, or private or municipal corporation;
(6)(i) “Polluted area” means and includes any shellfish grounds underlying waters examined and found to be unfit for the taking of shellfish for human consumption declared by the director as polluted areas pursuant to §§ 20-8.1-3 and 20-8.1-4;
(ii) For the purposes of any criminal or civil proceeding instituted under this chapter, a declaration by the director shall be prima facie evidence of a polluted area;
(7) “Shellfish” means and includes oysters, mussels, and all varieties of clams;
(8) “Shellfish grounds” means and includes all land underlying waters within the rise and fall of the tide and the marine limits of the jurisdiction of the state; and
(9) “Taking” means and includes the gathering, digging, raking, tonging, or dredging of shellfish.
History of Section. P.L. 1980, ch. 263, § 1; P.L. 1981, ch. 197, § 5; P.L. 1994, ch. 59, § 1.
The director shall, with the approval of the environmental standards board established under § 42-17.3-1 [repealed], adopt any regulations regarding shellfish grounds that he or she deems necessary with reference to the growing and taking of shellfish.
History of Section. P.L. 1980, ch. 263, § 1.
The director is empowered to promulgate, for the purposes of protecting the public health after consultation with the department of health, regulations governing the possession and handling of shellfish by commercial harvesters licensed under this title. The penalties prescribed in § 20-8.1-11 shall not apply to this section. Any violation of the rules and regulations adopted under this section shall be subject to the penalties prescribed in § 20-1-16.
History of Section. P.L. 2001, ch. 326, § 1.
The director shall investigate the sanitary condition of the waters overlying shellfish grounds. Those waters that are found to be in an unsatisfactory sanitary condition for the taking of shellfish for human consumption shall be declared to be polluted areas. The director shall give annual notice as to those areas of the waters of the state that he or she has declared to be polluted by advertising this action in at least one public newspaper published in the city of Providence. The director shall provide notice with each shellfish license issued or reissued after December 31, 1994, that it is the obligation of each licensee to inquire by calling a dedicated telephone line, or dedicated teletext phone for persons who are deaf, hard of hearing, or speech-impaired (TTY) line maintained by the department of environmental management prior to taking any shellfish in the waters of the state that are conditionally approved waters. The director shall arrange for notice to be provided on the telephone and TTY telephone lines as to those conditionally approved waters of the state that the director declares to be polluted from which no shellfish may be taken.
History of Section. P.L. 1980, ch. 263, § 1; P.L. 1994, ch. 59, § 1; P.L. 1999, ch. 83, § 42; P.L. 1999, ch. 130, § 42; P.L. 2017, ch. 451, § 28.
In making a determination that an area is polluted, the director shall ensure consistency with the requirements of the National Shellfish Sanitation Program. When necessary, for consistency with National Shellfish Sanitation Program requirements, the director may declare an area to be polluted in the absence of monitoring data if the director has evidence that the area may become polluted. A review of the status of all the areas in the state shall be made by the director on at least an annual basis.
History of Section. P.L. 1980, ch. 263, § 1; P.L. 1994, ch. 59, § 1; P.L. 2018, ch. 168, § 1; P.L. 2018, ch. 250, § 1.
No person shall take shellfish from the waters of polluted areas, or knowingly sell shellfish taken from the waters of polluted areas, except pursuant to a transplant program specifically authorized by and conducted under the direct supervision of the director. In granting permission, the department of environmental management shall first obtain the written approval of the director of the department of health as to the suitability and safety for the purposes intended. The possession by any person of shellfish while in a vessel upon the waters of polluted areas between the hours of two (2) hours after sunset and sunrise shall be prima facie evidence that those shellfish were taken by that person in violation of this section.
History of Section. P.L. 1980, ch. 263, § 1; P.L. 1983, ch. 173, § 4; P.L. 1994, ch. 59, § 1.
No person shall work a dredge, pair of tongs, rake or rakes, or any other implement commonly employed in taking shellfish, except an implement commonly employed for the taking of scallops, in a polluted area, nor shall any person, while upon or sailing over any polluted area, cast, haul, or have overboard any dredge, pair of tongs, rake or rakes, or any other implement commonly employed in taking shellfish except an implement commonly employed for the taking of scallops.
History of Section. P.L. 1980, ch. 263, § 1.
No person shall take, sell, or possess within this state any shellfish that have not been taken in compliance with the provisions of this chapter and the regulations adopted in accordance with this chapter. Any shellfish that the director has reasonable cause to believe have been taken from polluted areas or that have not been taken in compliance with the provisions of this chapter, and the regulations adopted in accordance with this chapter, shall be confiscated. Search warrants may be issued by any district court upon the complaint of the director, or the director’s duly authorized agents, relating to violations of this chapter.
History of Section. P.L. 1980, ch. 263, § 1; P.L. 1983, ch. 173, § 4.
It shall be the duty of the director to enforce the provisions of this chapter and the regulations adopted in accordance with this chapter and to prosecute all persons guilty of violations of these regulations. In all prosecutions, the director shall not be required to enter into any recognizance nor to give surety for costs.
History of Section. P.L. 1980, ch. 263, § 1.
The director shall make regular inspections of the boats, vessels, and vehicles used, or suggested of being used, in the taking possession, handling, or transporting of shellfish, and no person shall interfere with, or obstruct, the entrance of the director to any boat, vessel, or vehicle, for the purpose of making inspections, and no person shall obstruct the conduct of any inspection; provided, however, that inspections as to the taking possession and handling of shellfish shall be made only by the director or employees of the state department of environmental management. Nothing in this section shall negate or otherwise affect the authority of the department of health as granted in title 21.
History of Section. P.L. 1980, ch. 263, § 1; P.L. 2001, ch. 326, § 2.
Conservation officers of the department may arrest any person found violating any of the provisions of this chapter, and may seize all shellfish and any boat or vessel, or outboard motor, or dredge, tongs, rakes, or other implements, commonly employed in the taking of shellfish, in possession of any person violating the provisions of this chapter, and may make complaints for all those violations, and in any complaint they shall not be required at the time of the complaint or thereafter to enter into recognizance or in any way to become liable for the costs that may accrue.
History of Section. P.L. 1980, ch. 263, § 1.
Persons convicted of violating any of the provisions of this chapter, or the regulations adopted in accordance with this chapter, shall be punished by a term of imprisonment not exceeding one year or by a fine not exceeding five hundred dollars ($500), or both, for a first offense; and by a term of imprisonment not exceeding four (4) years or by a fine not exceeding two thousand dollars ($2,000), or both, for a subsequent offense. Any boat or vessel, or outboard motor, or dredge, tongs, rakes, or other implements, commonly employed in the taking of shellfish, seized from any person as used in violation of §§ 20-8.1-5 and/or 20-8.1-6, shall, upon conviction of that person, be forfeited to the state. That forfeiture shall follow the course provided in chapter 21 of title 12 as amended and § 20-1-8.1.
History of Section. P.L. 1980, ch. 263, § 1; P.L. 1981, ch. 197, § 5; P.L. 1983, ch. 173, § 4.
[Repealed]
History of Section. P.L. 1980, ch. 263, § 1; Repealed by P.L. 1981, ch. 197, § 4, effective January 1, 1982.
The state of Rhode Island assents to the provisions of the act of Congress entitled “An Act to Provide that the United States Shall Aid the States in Wildlife Restoration Projects, and for Other Purposes”, 16 U.S.C. § 669 et seq., and the director of environmental management is authorized, empowered, and directed to perform those acts that may be necessary to the conduct and establishment of cooperative wildlife restoration projects, as defined in that act of Congress, in compliance with that act and with rules and regulations promulgated by the Secretary of the Interior under that act; and no funds accruing to the state of Rhode Island from license fees or interest from license fee accounts paid by hunters shall be diverted for any other purpose than the administration of the division of fish and wildlife of the department of environmental management.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1992, ch. 133, art. 66, § 1.
The state controller is authorized and directed to draw orders upon the general treasurer for the payment of any sums as may be required for the purposes of § 20-9-1, upon receipt by the controller of proper vouchers duly authenticated and approved by the chief of the division of fish and wildlife and by the director of environmental management.
History of Section. P.L. 1981, ch. 197, § 3.
The state of Rhode Island assents to the provisions of the act of Congress, entitled “An Act to Provide that the United States Shall Aid the States in Fish Restoration and Management Projects, and for Other Purposes”, 16 U.S.C. § 777 et seq., and the division of fish and wildlife and/or marine fisheries, with the approval of the director of environmental management, is hereby authorized, empowered, and directed to perform any acts as may be necessary to the conduct and establishment of fish restoration and management projects, as defined in that act of Congress, in compliance with that act and with rules and regulations promulgated by the Secretary of the Interior under that act, and no funds accruing to the state from license fees or interest from license fee accounts paid by fishers shall be diverted for any other purpose than the administration of the division of fish and wildlife and/or marine fisheries of the department of environmental management.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1992, ch. 133, art. 66, § 1; P.L. 2017, ch. 191, § 5; P.L. 2017, ch. 242, § 5.
The general assembly shall annually appropriate any sum as it may deem necessary to carry out the provisions of § 20-9-3, and the state controller is authorized and directed to draw orders upon the general treasurer for the payment of that sum, or so much as may be required from time to time, upon receipt by the controller of properly authenticated vouchers.
History of Section. P.L. 1981, ch. 197, § 3.
Nothing in §§ 20-9-1 — 20-9-4, shall be construed to divest the department of environmental management of any power or authority vested in the department.
History of Section. P.L. 1981, ch. 197, § 3.
Whereas, R.I. Const., Art. I, Sec. 17, guarantees to the people the right to enjoy and freely exercise all rights of fishery, and imposes on the general assembly the responsibility to provide for the conservation of water, plant, and animal resources of the state; and
Whereas, it is in the best public interest of the people and the state that the land and waters of the state, are utilized properly and effectively to produce plant and animal life; and
Whereas, the process of aquaculture is a proper and effective method to cultivate plant and animal life; and
Whereas, the process of aquaculture should only be conducted within the waters of the state in a manner consistent with the best public interest, with particular consideration given to the effect of aquaculture on other uses of the free and common fishery and navigation, and the compatibility of aquaculture with the environment of the waters of the state; therefore,
It is the public policy of this state to preserve the waters of this state as free and common fishery. The health, welfare, environment, and general wellbeing of the people of the state require that the state restrict the uses of its waters and the land thereunder for aquaculture and, in the exercise of the police power, the waters of the state and land thereunder are to be regulated under this chapter.
History of Section. P.L. 1980, ch. 219, § 2; P.L. 1996, ch. 274, § 1.
There shall be a biosecurity board within the coastal resources management council (hereinafter referred to as “CRMC”) that shall meet, at minimum, on a quarterly basis and shall be composed of seven (7) members to be designated by the executive director of the CRMC, or his or her designee, with council approval. The council shall select a chair from among the board members, one of whom shall be the executive director of the CRMC, or his or her designee; one of whom shall be the state veterinarian or an individual certified in veterinary medicine, with a specialty in aquatic diseases, or by the American Fisheries Society; one of whom shall be a certified medical doctor or a person with a Ph.D. in public health; one of whom shall be a representative of the division of marine fisheries; one of whom shall be a representative of the marine fisheries council; one of whom shall be a representative from the aquaculture industry; and one of whom shall be a faculty member of the University of Rhode Island, Department of Fisheries, Animals and Veterinary Science.
History of Section. P.L. 2001, ch. 353, § 1; P.L. 2017, ch. 191, § 6; P.L. 2017, ch. 242, § 6.
It shall be the duty of the biosecurity board to assist and advise the council in carrying out the provisions of this chapter. In performing this duty, the biosecurity board shall cooperate with appropriate state and federal agencies, including, but not limited to, the department of health, and shall recommend inspections as necessary to ensure compliance with public health standards. The biosecurity board shall, from time to time, review federal agency regulations pertaining to aquaculture disease and the importation of non-indigenous and genetically altered species and shall otherwise maintain a current understanding of aquatic diseases and management practices necessary to preserving the aquaculture industry and wild stock. The members of the biosecurity board shall serve without salary.
History of Section. P.L. 2001, ch. 353, § 1.
As used in this chapter:
(1) “Aquaculture” refers to the cultivation, rearing, or propagation of aquatic plants or animals under either natural or artificial conditions;
(2) “CRMC” means the coastal resources management council;
(3) “Director” or “department” means the director of or the department of environmental management;
(4) “MFC” means the marine fisheries council;
(5) “Water column” means the vertical extent of water, including the surface thereof, above a designated area of submerged bottom land.
History of Section. P.L. 1980, ch. 219, § 2.
The CRMC may grant permits for the conduct of aquaculture to any person, corporation, or business entity, chartered under the laws of this state, subject to the provisions of this chapter. Those permits for coastal waters shall be for a term not to exceed fifteen (15) years and shall be renewable upon application by the permittee for successive periods of ten (10) years for each renewable period; provided, that the terms and conditions of the permit, and of any previous renewal, and the rules and regulations promulgated by the CRMC pursuant to this chapter, have been met. Permits for land-based aquaculture projects shall be for a term to be designated by rules and regulations of the CRMC. All permits with their terms and stipulations presently in effect, as of May 15, 1980, under existing laws and regulations shall continue until their expiration.
History of Section. P.L. 1980, ch. 219, § 2; P.L. 1989, ch. 542, § 33; P.L. 1996, ch. 274, § 1; P.L. 2005, ch. 224, § 1.
Any person engaging in aquaculture shall be eligible for the tax exemption in § 44-18-30(32) provided that the requirements set forth in that section are met.
History of Section. P.L. 1996, ch. 274, § 2; P.L. 2017, ch. 451, § 29.
Any applicant desiring a permit to conduct aquaculture shall file with the CRMC a written application in any form that it may prescribe, setting forth the following information:
(1) The name and address of the applicant;
(2) A description of the location and amount of submerged land and water column to be subject to the permit;
(3) A description of the aquaculture activities to be conducted, including:
(i) Whether those activities are to be experimental or commercial;
(ii) A description of the species to be managed or cultivated within the permitted area; and
(iii) A description of the method or manner of aquaculture activity;
(4) An assessment of the current capability of the applicant to carry out those activities; and
(5) Any other information that the CRMC may by regulation require.
History of Section. P.L. 1980, ch. 219, § 2; P.L. 1996, ch. 274, § 1.
(a) Upon submission of a completed application to the CRMC, the CRMC shall notify the director, the MFC and any other parties that the CRMC may by regulation designate.
(b) No application shall be approved by the CRMC or a permit granted prior to the consideration of recommendations by both the director and the MFC.
(c) The director shall review the application to determine whether the aquaculture activities proposed in the application are:
(1) Not likely to cause an adverse effect on the marine life adjacent to the area to be subject to the permit and the waters of the state;
(2) Not likely to have an adverse effect on the continued vitality of indigenous fisheries of the state.
(d) The MFC shall review the application to determine whether the aquaculture activities proposed in the application are consistent with competing uses engaged in the exploitation of the marine fisheries.
(e) The approval by the CRMC shall be subject to any public hearings, consistent with chapter 35 of title 42, that it may require.
History of Section. P.L. 1980, ch. 219, § 2.
(a) The CRMC, in accordance with chapter 6 of title 37, is authorized and empowered, when it shall serve the purposes of this chapter, to lease the land submerged under the coastal waters of the state, including any coastal ponds or estuaries to coastal rivers, and the water column above those submerged lands, to an applicant who has been granted an aquaculture permit pursuant to the provisions of this chapter; provided, that the CRMC finds that a lease giving the applicant exclusive use of the submerged lands and water column, including the surface of the water, is necessary to the effective conduct of the permitted aquaculture activities.
(b) Those leases shall be granted for a term concurrent with the term of the aquaculture permit and may be renewed from time to time upon renewal of the aquaculture permits.
(c) Those leases shall be subject to the terms and conditions of the aquaculture permit, and any renewal of the permit, and the provisions of this chapter and the rules and regulations adopted under this chapter. Failure to comply with the terms and conditions of the permit or renewal, or the provisions of this chapter, or the rules and regulations adopted under this chapter, shall be grounds for termination of the lease at the discretion of the CRMC.
(d) Any assignment or sublease of the whole or any part of the area subject to lease shall constitute a breach of the lease and constitute cause for the termination of the lease, unless that assignment or subletting has received the prior approval of the CRMC.
History of Section. P.L. 1980, ch. 219, § 2.
The CRMC shall establish, by regulation, fees for applications, permits, leases, and renewals. Those fees may be based on the cost of administration, including inspection, required by the aquaculture permitting process.
History of Section. P.L. 1980, ch. 219, § 2.
The CRMC may require the execution of a bond by the permittee to ensure the performance by the permittee of all of the conditions of his or her permit, and, in the event of a failure so to perform, to ensure the removal of aquaculture apparatus from the waters of the state.
History of Section. P.L. 1980, ch. 219, § 2.
(a) The CRMC shall require all permittees to mark off the areas under permit by appropriate ranges, monuments, stakes, buoys, or fences, so placed as not to interfere unnecessarily with navigation and other traditional uses of the surface. All permittees shall cause the area under permit, and the means of permittees, to be shown by signs appropriately placed pursuant to regulations of the CRMC.
(b) Except to the extent necessary to permit the effective development of the species of animal or plant life being cultivated by the permittee, the public shall be provided with means of reasonable ingress and egress, to and from the area subject to permit, for traditional water activities such as boating, swimming, and fishing. All limitations upon the use by the public of the areas subject to permit that are authorized by the terms of the permit shall be clearly posted by the permittee pursuant to regulations by the CRMC.
History of Section. P.L. 1980, ch. 219, § 2.
Any permit granted pursuant to this chapter shall be void if assigned, in whole or in part, unless that assignment is made with the prior approval of the CRMC.
History of Section. P.L. 1980, ch. 219, § 2.
The CRMC may adopt, repeal, and amend any rules and regulations that are necessary and appropriate to carry out the provisions of this chapter, subject to chapter 35 of title 42. Those rules and regulations shall be promulgated in consultation with the director and the MFC.
History of Section. P.L. 1980, ch. 219, § 2.
(a) The director is authorized and empowered to grant permits for, issue licenses for, and establish rules and regulations governing the taking, possession, sale, importation, and transportation of animal or plant species utilized in aquaculture; provided, however, that in the case of bivalves, no approval shall be given for the sale, possession, use, storage, or transportation of those species for human consumption without the written approval and permission of the director of health.
(b) Any person who takes, possesses, imports, or transports any animal or plant species as delineated in subsection (a) without a permit issued by the director shall be guilty of a misdemeanor and subject to imprisonment of not more than one year or a fine not exceeding five hundred dollars ($500), or both. The animal or plant species possessed, imported, or transported by that person may be forfeited to the state.
(c) In accordance with rules and regulations established under this section, permits issued by the director may provide for specific exemptions, notwithstanding other provisions of law, from quotas, catch or bag limits, seasons, minimum-size limits and other such restrictions on commercial fishing as the director, in consultation with the council, may determine to be inappropriate to commercial aquaculture.
(d) Any person who is granted permits for the conduct of aquaculture by the CRMC and the director in accordance with this chapter shall obtain a commercial aquaculture license to sell aquaculture products in the state to licensed fish and shellfish dealers. The license shall be issued by the department on a calendar-year basis for an annual fee of two hundred dollars ($200).
History of Section. P.L. 1980, ch. 219, § 2; P.L. 2001, ch. 58, § 4; P.L. 2002, ch. 47, § 10.
Any plant or animal species, as stipulated in an aquaculture permit, that are being cultivated within the designated, permitted area, are the personal property of the permittee.
History of Section. P.L. 1980, ch. 219, § 2.
(a) Aquaculture activities conducted in a manner consistent with permit and license conditions and in accordance with the rules and regulations promulgated pursuant to this chapter, and aquaculture products harvested for sale as a result of those activities, shall be exempt from the following statutory and regulatory restrictions governing wild fisheries: seasons, bag limits, methods of harvest, and, except for quahaugs (Mercenaria mercenaria), minimum sizes.
(b) The possessor of aquaculture products subject to these exemptions shall have the burden of proof that the products were legally acquired and possessed. In accordance with applicable rules and regulations governing aquaculture products, proper tags and bills of sale shall constitute the primary means for satisfying this burden of proof.
(c) Aquaculturists are prohibited from harvesting for sale to a shellfish dealer for human consumption quahaugs (Mercenaria mercenaria) with a hinge width of less than one inch (1").
(d) Notwithstanding the provisions of subsections (a) and (c) above, the director of the department of environmental management is authorized to promulgate regulations establishing a special exemption permit that would exempt department of health-licensed food processing facilities from the one-inch-minimum-size restriction governing bay quahogs, pursuant to § 20-6-11(b).
History of Section. P.L. 2002, ch. 47, § 11; P.L. 2004, ch. 430, § 2; P.L. 2004, ch. 507, § 2.
Notwithstanding the provisions of this chapter, or any other provision of law, if the director finds, or has cause to believe, that an aquaculture activity is causing, or is likely to cause, an immediate danger to marine life or the environment of the coastal waters of the state, the director shall notify the CRMC. The CRMC shall immediately order all permittees affected by that notice to show cause why their aquaculture activities should not be terminated, and any aquaculture species or paraphernalia removed from the waters of the state. The CRMC shall proceed to hold a public hearing and issue its order with respect to the hearing, within a reasonable period. In its order following the hearing, the CRMC may direct the temporary or permanent suspension of aquaculture activities in the affected area, removal of equipment or animals, or any other measures as shall be deemed necessary for the protection of the marine life and environment of the waters of the state, including the forfeiture to, and destruction by, the state of any plant or animal species.
History of Section. P.L. 1980, ch. 219, § 2.
The director shall have the authority to enter and inspect any and all areas subject to an aquaculture permit for the purpose of determining compliance with the terms and provisions of the permit.
History of Section. P.L. 1980, ch. 219, § 2.
(a) Any person who conducts aquaculture activities in excess of those authorized by an aquaculture permit shall be guilty of a misdemeanor and subject to imprisonment not exceeding one year or a fine not exceeding one thousand dollars ($1,000), or both. In addition to that fine and/or imprisonment, all works, improvements, fish, and animal and plant life involved in the project may be forfeited to the state.
(b) Any person damaging, disturbing, or interfering with any area subject to an aquaculture permit or any person damaging, disturbing, interfering, or taking by any means whatsoever, or possessing the cultivated species in an area subject to an aquaculture permit, without the permission of the permittee, is guilty of a misdemeanor and subject to imprisonment not exceeding one year or a fine of not more than one thousand dollars ($1,000), or both. In addition to that fine and/or imprisonment, all vessels, dredges, tongs, rakes, and other implements used to damage, disturb, interfere, or take cultivated species in those areas may be forfeited to the state.
History of Section. P.L. 1980, ch. 219, § 2; P.L. 2002, ch. 47, § 10.
The permit or license of any person who has violated the provisions of this chapter, or the rules and regulations issued pursuant to it, including anyone holding a license or permit found guilty of a violation in accordance with § 20-10-16(b), may be suspended or revoked by the CRMC or the director as the CRMC or the director shall determine by regulation. Any person aggrieved by an order of suspension or revocation may appeal this order in accordance with the provisions of the Administrative Procedures Act, chapter 35 of title 42.
History of Section. P.L. 2002, ch. 47, § 11.
(a) Any police officer authorized to make arrests, the director, and conservation officers appointed under the authority of § 20-1-6 shall be empowered:
(1) To enforce all laws, rules, and regulations relating to this chapter;
(2) To execute all warrants and search warrants for the violation of laws, rules, and regulations relating to this chapter;
(3) To serve subpoenas issued for the trial of all offenses hereunder;
(4) To arrest, without a warrant and on view, any person found violating any law, rule, or regulation relating to this chapter; take that person before a court having jurisdiction for trials; detain that person in custody at the expense of the state until arraignment; and to make and execute complaints within any district, to the justice or clerk of the court, against any person for any of the offenses enumerated under this chapter, committed within the district.
(b) The director, and the director’s deputies and assistants, may, by virtue of their respective offices, make complaints of any violation of this chapter, and they shall not be required to give recognizance or to furnish surety for costs or be liable for costs on those complaints.
History of Section. P.L. 1980, ch. 219, § 2; P.L. 2017, ch. 451, § 29.
If any provision of this chapter, or any rule, regulation, or determination made under this chapter, or the application of this chapter to any person, agency, or circumstance, is held invalid by a court of competent jurisdiction, the remainder of this chapter, or the rule, regulation, or determination, and the application of those provisions to other persons, agencies, or circumstances shall not be affected. The invalidity of any section or sections or parts of any section or sections of this chapter shall not affect the validity of the remainder of this chapter.
History of Section. P.L. 1980, ch. 219, § 2.
No person fifteen (15) years old or older shall catch or take any fish in any freshwater stream or freshwater pond within this state, or place or operate or superintend any device for the purpose of taking or catching fish in any of those waters, without having first obtained a license; provided, however, that a license shall not be required of any resident of this state, or the members of the resident’s immediate family, to fish in any brook or pond running through or bordering upon land owned or leased by the resident and on which the resident is actually domiciled, nor those individuals exempted under § 20-2-31.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1986, ch. 549, § 3.
No person shall catch, or attempt to catch, or take any species of fish in any pond or stream stocked with trout by the department of environmental management or in any waters set apart by the department in which trout might be found, except during the open seasons, and subject to the catch and size limits, and regulations as to the method of taking, as established by the director pursuant to § 20-1-12.
History of Section. P.L. 1981, ch. 197, § 3.
Unless otherwise specified by regulations adopted by the department of environmental management, only a rod and reel or other device held in and operated by hand shall be used to catch, or attempt to catch, fish in the freshwaters of the state, except that suckers, fall fish, and carp may be taken by snares, spears, or bow and arrow, and minnows may be taken as provided in §§ 20-11-7 — 20-11-9. No person shall place, operate, or superintend more than two (2) of those devices for the purpose of taking or catching fish at any time, and no more than three (3) hooks may be attached to each device; provided, however, that for the purpose of fishing through ice upon the surface of any stream or freshwater pond, any person may place, operate, or superintend five (5) lines, with a single hook upon each and held by any device designed for that purpose, and provided further that every one of those lines shall be attended by a person lawfully permitted to catch fish.
History of Section. P.L. 1981, ch. 197, § 3.
Nothing contained in this chapter shall be construed to prohibit the taking and possession, at any time of the year, fish artificially cultivated in private ponds. For the purpose of this section, a “private pond” is defined as a body of water that is completely in the ownership of one taxpayer.
History of Section. P.L. 1981, ch. 197, § 3.
No person shall sell, or offer for sale, within this state, any trout, black bass, pickerel, northern pike, Atlantic salmon, American shad, or yellow perch taken from any freshwater streams, rivers, ponds, or lakes within the jurisdiction of this state, excepting any of these fish that are artificially cultivated in private ponds as authorized by law.
History of Section. P.L. 1981, ch. 197, § 3.
No person shall stock any freshwater stream or pond within this state with any species of fish, or place or liberate any fish in any freshwater stream or pond within this state, without having first obtained a permit from the department of environmental management. No person shall place, operate, or superintend any device intended for the purpose of taking or catching fish in any private pond, brook, stream, or reserve, or any other place made, constructed, or used for the purpose of breeding or growing fish, without the consent of the proprietor or lessee.
History of Section. P.L. 1981, ch. 197, § 3.
It shall be unlawful for any person to sell or barter, or engage in the business of taking or catching for the purpose of selling or bartering, freshwater live minnows for bait, or to possess more than one hundred (100) freshwater live minnows, without first procuring a license from the department of environmental management. For the purpose of this chapter, “freshwater minnows” shall be defined to include all minnows and the young of all species of freshwater fish except the game species, trout, northern pike, pickerel, largemouth bass, smallmouth bass, shad, Atlantic salmon, and alewives.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1983, ch. 107, § 2.
Freshwater minnows, not including the young of any species of game fish, may be lawfully taken for bait with minnow traps, dip nets, and seines of the dimensions of not more than eight feet (8′) in length and four feet (4′) in depth and having a mesh not larger than one-quarter of an inch (¼") in any waters of this state. The possession and use of minnow seines larger than the dimensions specified in this section, unless otherwise provided, shall be unlawful.
History of Section. P.L. 1981, ch. 197, § 3.
Minnow seines of greater dimensions than authorized in § 20-11-8 may be lawfully possessed and used by a person licensed under this chapter, in the waters specified by the director of environmental management; provided, that no minnow seines so licensed shall exceed fifty feet (50′) in length and eight feet (8′) in depth and shall have a mesh larger than one-quarter of an inch (¼"); provided further, that upon the payment of an additional ten dollars ($10.00) for each twenty-five feet (25′), a seine over fifty feet (50′) in length and up to one hundred feet (100′) can be used.
History of Section. P.L. 1981, ch. 197, § 3.
No person shall place, deposit, or explode any substance injurious to the health or life of fish in any stream or freshwater pond within this state; provided, however, a person may obtain a permit issued by the director of environmental management to use certain chemicals for the eradication of vegetation and control of fish populations under regulations promulgated by the director.
History of Section. P.L. 1982, ch. 30, § 4.
[Reserved]
Any person who violates any provision of this chapter, or who violates any rule or regulation made under the provisions of this chapter, shall be guilty of a civil violation and be subject to a fine of one hundred dollars ($100) for each offense. Jurisdiction over violations of this chapter shall be with the traffic tribunal.
History of Section. P.L. 1993, ch. 372, § 2; P.L. 2007, ch. 253, § 4; P.L. 2007, ch. 294, § 4.
Notwithstanding any inconsistent provision of law, the traffic tribunal shall have exclusive jurisdiction to hear and determine all violations specified in this chapter.
History of Section. P.L. 1993, ch. 372, § 2; P.L. 2007, ch. 253, § 4; P.L. 2007, ch. 294, § 4.
The department of environmental management shall be empowered to introduce, protect, and cultivate fish in the inland waters of the state, and to construct, maintain, and operate fish cultivation and breeding facilities and undertake fish cultivation projects within the state as may be, in the opinion of the director, appropriate. The director may take fish from the fisheries of the state for any purpose connected with fish culture or for scientific observation.
History of Section. P.L. 1981, ch. 197, § 3.
For the purpose of protecting and propagating fish and providing fishing preserves, the director of environmental management may, in the name and for the use of the state, and subject to approval of the state properties committee, acquire, by gift, lease, or purchase, land, freshwater streams, lakes, or ponds, or any part thereof or rights and interests therein.
History of Section. P.L. 1981, ch. 197, § 3.
The department of environmental management shall establish and maintain freshwater hatcheries in this state for the purpose of providing freshwater and anadromous game fish to be used by the department in the stocking of the ponds and streams of the state. All of the output of those hatcheries not so used shall be sold at a fair-market price and for cash only, and the money received shall be turned in to the general treasury for the use of the state.
History of Section. P.L. 1981, ch. 197, § 3.
For the purpose of providing for the passage of anadromous fish species to their traditional spawning grounds in freshwater, the department of environmental management is authorized and directed to construct fishways around or through existing dams in the rivers and streams of this state. The owners of those dams shall cooperate with the department of environmental management and shall not be liable for any damage as the result of the construction of the fishways.
History of Section. P.L. 1981, ch. 197, § 3.
No person shall catch, or attempt to catch, any fish, or use any seine for catching fish, in waters acquired by the director of environmental management for fish cultivation projects, or within one half (½) mile from the mouth or outlet of any fish cultivation project; provided, however, the director may, by regulation adopted pursuant to § 20-1-12, or by special permit, allow persons to fish at or near a fish cultivation project.
History of Section. P.L. 1981, ch. 197, § 3.
The director of environmental management may seize, and remove summarily if need be, all obstructions erected to hinder the passage of fish or that are illegally erected to obstruct, or in any way impede, the growth and culture of fish; and every person rebuilding or continuing any obstruction after it has been removed and notification has been given by the director, shall be fined not less than five hundred dollars ($500) for each offense.
History of Section. P.L. 1981, ch. 197, § 3.
No person shall take any fish or fish spawn, or any apparatus used in hatching or protecting fish, from any pond, lake, river, or stream stocked with, or set apart by, the director of environmental management, by any city or town, or by private parties, without the consent of the director, city or town council, or private party, nor shall any person violate any rule or regulation adopted regarding fish cultivation projects.
History of Section. P.L. 1981, ch. 197, § 3.
The general assembly shall annually appropriate any sum it may deem necessary to carry into effect the provisions of this chapter.
History of Section. P.L. 1981, ch. 197, § 3.
No person shall hunt, pursue, take, or kill any wild bird or mammal and any vertebrates in this state, or attempt so to do, without having first obtained a license; provided, that nothing in this chapter shall be construed as affecting the right of a bona fide resident of this state, or the resident’s immediate family, to hunt, without a license, on land owned by the resident, or land leased by the resident, and on which he or she is actually domiciled, and which land is used exclusively for agricultural purposes, and not for club shooting purposes, nor as affecting, in any way, the provisions of the laws relating to trespass, nor as authorizing the pursuit, taking, wounding, or killing, or the possession, of wild birds or mammals and any vertebrates contrary to any laws now in force or that may be enacted.
History of Section. P.L. 1981, ch. 197, § 3.
(a) The department of environmental management shall formulate courses of instruction in safe hunting practices and the handling and use of firearms and/or bow and arrow for persons applying for a license for the first time and shall designate one or more competent persons or organizations to give that instruction. Any person or organization so designated shall give safety instruction without charge to any person requesting instruction and shall, upon the successful completion of the course, forward the name of that person to the department. The department shall issue a certificate of competency to that person. The department may designate the police authorities of the several cities and towns to give safety instruction.
(b) There shall be no civil liability incurred, and no cause of action of any nature shall arise, against any member of the department of environmental management, its agents, servants, or employees, as a result of any decisions made by the department of environmental management, its members, agents, servants, or employees, under this section.
History of Section. P.L. 1981, ch. 197, § 3.
The department of environmental management shall make available the safety instruction required by § 20-13-2 on a continuing basis throughout the year at sites throughout the state for the convenience of the public. In no event shall safety instruction be offered less frequently than once each month. The department shall publish the dates and location of instruction in newspapers of general circulation.
History of Section. P.L. 1982, ch. 296, § 1.
Any person who has been refused designation as having successfully completed the courses taken under the provisions of § 20-13-2 may appeal that refusal to the director of environmental management who shall make the final determination of the competency of the applicant.
History of Section. P.L. 1981, ch. 197, § 3.
(a) No license to hunt shall be issued to any person unless that person has held a hunting license in a prior year or unless the person presents to the licensing agent a certificate of competency issued under § 20-13-2, or under an equivalent hunter safety program adopted by any other state; provided, that in the case of those qualifying only for use of archery equipment, the licensing agent shall mark across the face of the license “archery only.” A hunting license designated “archery only” is limited to the use of bows and arrows while hunting or pursuing game in this state. Each agent shall transmit all competency certificates presented to the agent to the department of environmental management, along with the reports required to be filed pursuant to § 20-2-3.
(b) Any person who is serving in, or who has been honorably discharged from, the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard, or any women’s auxiliary branch, is not required to obtain a certificate of competency under this section or § 20-13-2.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2025, ch. 165, § 7, effective June 24, 2025; P.L. 2025, ch. 166, § 7, effective June 24, 2025.
(a) Authorized licensing agents, shall, upon the application of any eligible person and the payment of the license fee, issue to that person a license to pursue, hunt, and kill game in the state during the open season with firearms or by bow and arrow with an archer’s permit; provided, however, that no license shall be granted to or possessed by:
(1) Any person under fifteen (15) years of age; provided, however, a junior hunting license may be obtained for persons age twelve (12) to fourteen (14) years of age upon the completion of a basic hunter’s safety course; and further provided, that they shall hunt only in the immediate company of a qualified, licensed adult twenty-one (21) years of age or over;
(2) Any person who has been convicted of a crime of violence, or who is a fugitive from justice, as defined in § 11-47-2 of the Firearms Act; or
(3) Any person who is under guardianship, treatment, or confinement by virtue of being a mental incompetent; or who has been adjudicated or is under treatment or confinement as a drug addict; or who has been adjudicated or is under treatment or confinement as a habitual drunkard.
(b) Any person affected by the provisions of subsection (a)(3), other than a person who has been pronounced criminally insane by a competent medical authority, after a lapse of a period of five (5) years from the date of being pronounced cured by a competent medical authority, may obtain a license upon the presentation of an affidavit issued by a competent medical authority to the effect that that person is a mentally stable person and a proper person to possess a hunting license. If that person has no other disqualifying record, he or she will be allowed to purchase and possess a hunting license.
(c) Every hunting license shall bear the name, age, occupation, place of residence, and an identifying description of the licensee; and shall expire on the last day of February next succeeding the date of issue; and may be revoked within the discretion of the director of environmental management. Every hunting license shall plainly and conspicuously indicate upon its face the year of issuance and shall be in the form prescribed by the director.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2016, ch. 130, § 2; P.L. 2016, ch. 136, § 2.
Each nonresident hunting license shall enable the licensee to carry from the state not more than a two-day (2) bag limit of native game birds or animals nor more than the limit of migratory birds set by federal regulations; provided, that the owner shall carry them open to view for inspection.
History of Section. P.L. 1981, ch. 197, § 3.
It is unlawful for any person, while hunting or pursuing wild birds or wild animals in this state, to shoot or discharge any firearm or other deadly weapon within five hundred feet (500′) of any occupied dwelling house, residence, or other building occupied by human beings, or any barn, stable, or other building used in connection therewith, without the specific permission of the owner or tenant.
History of Section. P.L. 1981, ch. 197, § 3.
It is unlawful for any person to have in their possession a loaded rifle or loaded shotgun or a rifle or shotgun from the magazine of which all shells and cartridges have not been removed, in or on any vehicle or conveyance or its attachments while upon or along any public highway, road, lane, or trail within this state; provided, however, that the provisions of this section shall not apply to deputy sheriffs, the superintendent and members of the state police, prison or jail wardens or their deputies, members of the city or town police force, or other duly appointed law enforcement officers, including conservation officers and park police, nor to members of the Army, Navy, Air Force, Space Force, and Marine Corps of the United States, the National Guard or organized reserves, when on duty, or officers or employees of the United States authorized by law to carry a concealed firearm, nor to any civilian guard or criminal investigator carrying sidearms or a concealed firearm in the performance of their official duties under the authority of the commanding officer of the military establishment in the state of Rhode Island where the person is employed by the United States.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2012, ch. 324, § 50; P.L. 2025, ch. 165, § 7, effective June 24, 2025; P.L. 2025, ch. 166, § 7, effective June 24, 2025.
It is unlawful for any person to hunt, pursue, kill, or shoot at any bird or animal along, upon, or across any public highway in this state.
History of Section. P.L. 1981, ch. 197, § 3.
It is unlawful to hunt anywhere in this state, or to enter any of the fields or woods, or to enter upon any lands or water within or bordering this state, while possessing a firearm or other weapon for the purpose of hunting when intoxicated or under the influence of intoxicating or controlled substances.
History of Section. P.L. 1981, ch. 197, § 3.
It is unlawful for more than five (5) persons to hunt in unison, or to cooperate in any manner with each other to hunt, for wild birds or wild animals of any kind.
History of Section. P.L. 1981, ch. 197, § 3.
Every person causing an injury to a human being by gunfire while hunting; or inflicting an injury upon himself or herself with firearms while hunting; or inflicting an injury upon himself or herself while trapping shall make a report to the department of environmental management within seventy-two (72) hours after the injury, unless that person is physically incapable of making the required report, in which event it is the duty of that person to designate some other person to file the report within the specified time.
History of Section. P.L. 1981, ch. 197, § 3.
Whoever uses or has in his or her possession while hunting in this state any rifle: (a) larger than a twenty-two (22) caliber rim fire rifle; or (b) other than a muzzle loading rifle; or (c) other than any shotgun and shells loaded with ball, bullets, slug; or shot larger than number two (no. 2) shot, shall be fined not more than five hundred dollars ($500) or imprisoned not exceeding thirty (30) days, or both; provided, however, that from April 1 to September 30, both dates inclusive, no center fire rifles larger than .229 caliber may be used during daylight hours; and provided further, that persons hunting water fowl in a blind or over decoys may use steel shot of size number one (no. 1) or BB.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1984, ch. 417, § 1; P.L. 1988, ch. 364, § 1; P.L. 2006, ch. 81, § 1; P.L. 2006, ch. 91, § 1.
It shall be unlawful for any person to sell, or offer for sale, within this state, at any season of the year, any wild bird or mammal or any vertebrate, or parts thereof, except as provided elsewhere in this title; provided, however, that this section shall not be construed to prohibit the sale of inedible parts of game, such as antlers, hides, feet, or tails.
History of Section. P.L. 1981, ch. 197, § 3.
Any person causing an injury to another person by firearm or arrow while hunting failing to render assistance to the injured person shall, in addition to any other penalties provided by law, be subject to a fine of up to one thousand dollars ($1,000) or imprisonment for up to one year, or both.
History of Section. P.L. 1981, ch. 197, § 3.
(a) No person shall obstruct or interfere with the lawful taking of wildlife by another person at the location where the activity is taking place with intent to prevent the lawful taking.
(b) A person violates this section when he or she intentionally or knowingly:
(1) Drives or disturbs wildlife for the purpose of disrupting the lawful taking of wildlife where another person is engaged in the process of lawfully taking wildlife;
(2) Blocks, impedes, or otherwise harasses another person who is engaged in the process of lawfully taking wildlife;
(3) Uses natural or artificial visual, aural, olfactory, or physical stimuli to affect wildlife behavior in order to hinder or prevent the lawful taking of wildlife;
(4) Erects barriers with the intent to deny ingress or egress to areas where the lawful taking of wildlife may occur;
(5) Interjects himself or herself into the line of fire;
(6) Affects the condition or placement of personal or public property intended for use in the lawful taking of wildlife in order to impair its usefulness or prevent its use; or
(7) Enters or remains upon private lands without the permission of the owner, or the owner’s agent, with intent to violate this section.
(c) A violation of this section is a civil violation for which a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) may be adjudged. The traffic tribunal shall have jurisdiction to hear and determine all violations specified in this section.
History of Section. P.L. 1994, ch. 312, § 2; P.L. 1998, ch. 441, § 17; P.L. 2021, ch. 98, § 2, effective July 1, 2021; P.L. 2021, ch. 99, § 2, effective July 1, 2021.
(a) The district court may enjoin conduct that would be in violation of § 20-13-16, upon petition by a person affected or who reasonably may be affected by this conduct, upon a showing that this conduct is threatened or that it has occurred on a particular premises in the past and that it is not unreasonable to expect that under similar circumstances it will be repeated.
(b) The district court may award damages to any person adversely affected by a violation of § 20-13-16, which may include an award for punitive damages. In addition to other items of special damage, the measure of damages may include expenditures of the affected person for license and permit fees, travel guides, special equipment and supplies, to the extent that those expenditures were rendered futile by the prevention of the taking of a wild animal.
History of Section. P.L. 1994, ch. 312, § 2.
(a) As used in this section, the term “captive hunting” means a hunt that occurs within a structure designed to restrict the free movement of animals created by the use of fences, man-made structures, and/or natural barriers, including, but not limited to, private lands set up as hunting or shooting preserves or game ranches, wherein the animal is restricted from escaping or fleeing from the confined area during the hunt.
(b) No species of animal whether domestic or wild, whether exotic to the state or naturally occurring in the state, may be imported into the state or released on any property within the state for purposes of conducting captive hunting.
(c) No native or domestic species of the state shall be intentionally or unintentionally captured or restricted of free movement by the use of fences, man-made structures, and/or natural barriers for the purpose of conducting captive hunting.
(d) The term captive hunting shall not apply to the release of domestic game birds for hunting, whether on public property or on private property properly licensed by the department of environmental management (“department”) as a shooting preserve, or to field trials conducted in accordance with the provisions of this title and properly licensed by the department.
History of Section. P.L. 2024, ch. 239, § 1, effective June 24, 2024; P.L. 2024, ch. 240, § 1, effective June 24, 2024.
(a) No person shall pursue, hunt with intent to kill, take, destroy, or have in his or her possession any wild bird or birds at any season of the year unless harvested or taken in accordance with rules and regulations promulgated by the director. Possession of any bird during the time when the taking of birds is prohibited shall be evidence that the bird was taken in violation of this section, and each bird possessed in violation of this section shall constitute a separate and distinct offense.
(b) This section shall not be construed to apply to any species of birds for which: (1) A federal depredation permit/order or a control permit/order has been issued in accordance with applicable federal law; or (2) A state depredation permit has been issued in accordance with § 20-14-1.1.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2002, ch. 327, § 1; P.L. 2008, ch. 162, § 1; P.L. 2008, ch. 197, § 1.
(a) A person may petition and be issued a depredation permit/order or control permit/order from the director, or his or her designee, in accordance with applicable federal law, for the taking of birds when found committing depredations upon agricultural crops, livestock, or wildlife, or when concentrated in such numbers and manner as to constitute a health or public safety hazard or other nuisance.
(b) Before any state depredation permits/orders or control permits/orders are issued, the director shall promulgate rules and regulations, in accordance with applicable federal law, establishing standards governing the issuance of the permits/orders and other measures necessary for the control of birds causing depredation or constituting a health or public safety hazard or other nuisance.
History of Section. P.L. 2002, ch. 327, § 2; P.L. 2008, ch. 162, § 1; P.L. 2008, ch. 197, § 1.
No person shall willfully disturb or destroy the nest or eggs of any wild bird, except pursuant to a program authorized by the director or for which a federal or state depredation permit has been issued.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2002, ch. 327, § 1.
Sections 20-14-1 and 20-14-2 shall not be construed to apply to the killing or destruction of nests or eggs of English or European house sparrows (Passer domesticus), or European starlings (Sternus vulgaris).
History of Section. P.L. 1981, ch. 197, § 3.
The open season for hunting and the bag limits for migratory game birds shall be no less restrictive than the open season and bag limit fixed for those birds by the regulations of the United States Department of the Interior, Fish and Wildlife Service, made under the provisions of an act of Congress relating to migratory birds.
History of Section. P.L. 1981, ch. 197, § 3.
During the open season for the hunting of game birds, as declared by the director in regulations adopted pursuant to § 20-1-12, a duly licensed person may take in any one day no more game birds than the bag limit established for game birds in the regulations. Possession of game birds in the field in excess of the numbers allowed in the bag limit established for game birds shall be evidence of the taking or killing of them; a person violating the provisions of this section shall be fined no more than fifty dollars ($50.00) for each bird in excess of the bag limit.
History of Section. P.L. 1981, ch. 197, § 3.
No person shall carry or send beyond the limits of this state more than a two-day (2) bag limit of game birds.
History of Section. P.L. 1981, ch. 197, § 3.
(a) No person shall hunt, pursue, take, or attempt to take, upland or migratory game birds over any area that has been baited. For the purposes of this section a “baited area” is that on which salt, corn, wheat, or other grains have been scattered to lure, attract, or entice those birds to, on, or over, where hunters are attempting to take them and shall not be construed to include areas where corn, wheat, or other grains are scattered as the result of normal agricultural operations.
(b) No person shall hunt, pursue, take, or attempt to take migratory game birds by the use or aid of live birds as decoys.
(c) No person shall hunt, pursue, take, or attempt to take wild birds by the use of an electronically amplified recording of bird calls or sounds. However, this provision does not apply to crows.
(d) No person shall take, kill, or destroy any wild bird by means of any trap, snare, net, spring, crossbow, rifle, pistol, fishhook, poison, drug, explosive, or stupefying substance, nor shall any person construct, set, maintain, or repair any of these devices for the purpose of taking, killing, or destroying wild birds, except that a crossbow may be used to harvest wild turkeys in accordance with regulations established by the department of environmental management.
(e) No person shall shoot, or attempt to shoot, migratory game birds by means other than a shotgun of size ten (10) gauge or smaller, capable of holding three (3) or fewer shells, or a long bow (straight limb, reflex, recurve, crossbow, and compound bow) and arrow.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1987, ch. 612, § 1; P.L. 1988, ch. 84, § 18; P.L. 2024, ch. 454, § 1, effective June 29, 2024; P.L. 2024, ch. 455, § 1, effective June 29, 2024.
No person shall take, kill, destroy, or pursue or in any manner molest any wild bird in any season of the year in that part of the town of Charlestown known as Watchaug Pond and Powaget Brooks or within one hundred (100) yards of the shore or banks of the Watchaug Pond and Powaget Brooks.
History of Section. P.L. 1981, ch. 197, § 3.
No person shall take, kill, destroy, or pursue or in any manner molest any wild bird in any season of the year in that part of the city of Warwick known as Brushneck Cove and Buttonwoods Cove or within one hundred (100) yards of the shore or banks of the Brushneck Cove and Buttonwoods Cove.
History of Section. P.L. 1997, ch. 264, § 1.
Migratory game birds may not be taken from, or by means of, any motorboat or a boat or other craft having a motor attached, unless the motor has been completely shut off and/or the sail furled, and its progress from the use of the motor or sail has ceased, or the boat or craft is used solely as a means of picking up dead or injured birds, nor shall migratory game birds be taken by means of aid of any motor driven land, water, or air conveyance used for the purpose of, or resulting in, the concentrating, driving, rallying, or stirring up of waterfowl; provided, however, that the shooting of crippled waterfowl from a motorboat under power will be permitted under the following conditions: crippled waterfowl may be pursued, shot, and retrieved from a boat under power seaward of the first upstream bridge in all coastal waters except coastal ponds.
History of Section. P.L. 1981, ch. 197, § 3.
No person shall hunt, pursue, or shoot, or attempt to hunt, pursue, or shoot, deer in this state except as provided in this chapter. Deer hunting shall be limited to seasons, times, manner of taking, and bag limits established in regulations adopted by the director pursuant to § 20-1-12. The regulations shall be formulated to include the best methods to provide for the safety both of hunters and residents. In any event, the following prohibitions and restrictions shall always apply to deer hunting:
(1)(i) No firearm deer hunting shall be done within five hundred feet (500′) of any building or dwelling house in use without the specific written permission of the owner or tenant of the dwelling.
(ii) No archery deer hunting shall be done within two hundred feet (200′) of any building or dwelling house in use without the specific written permission of the owner or tenant of the dwelling unless otherwise established in regulations adopted by the director, or his or her designee, for the purpose of wildlife management;
(2) Hunting shall only be permitted from one half (½) hour before sunrise to one half (½) hour after sunset;
(3) No dog shall be employed in any deer-hunting activities;
(4) No hunting shall be done on any privately owned land without the written permission of the owner of the land;
(5) Only a shotgun, muzzle-loading rifle, or long bow (straight limb, reflex, recurve, and compound bow) or crossbow and arrow shall be utilized in deer hunting;
(6) No person shall make, set, or use any trap or snare or salt lick or other device for the purpose of ensnaring, enticing, taking, injuring, or killing a deer;
(7) No person shall individually, or in conjunction with others, use an artificial light at any time to illuminate, jacklight, locate, attempt to locate, or show up wild birds or mammals, or any other vertebrates, when that person, or persons, have in their actual possession, in the passenger compartment of their vehicle, or in the storage area of a truck or van, unless locked in a case, a crossbow, long bow (straight limb, reflex, recurve, and compound bow) rifle, gun, or pistol; and
(8) Upon conviction of a violation of any provision of this section or the rules and regulations promulgated under this section and § 20-1-12, in addition to the penalties provided by § 20-1-16, any weapons, guns, lights, or other equipment used in killing or attempting to kill any deer shall be forfeited to the state.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1983, ch. 107, § 3; P.L. 1984, ch. 417, § 2; P.L. 1988, ch. 273, § 1; P.L. 2000, ch. 225, § 1; P.L. 2004, ch. 36, § 1; P.L. 2004, ch. 137, § 1.
(a) No person shall hunt deer within this state unless that person possesses a deer tag. Any resident or nonresident holder of a hunting license or combination license may obtain a shotgun, muzzle-loading rifle, or crossbow, or archery deer tag from the director. The deer permit shall be carried at all times by the person to whom it is issued while hunting for deer. Any person who takes a deer in this state shall immediately affix his or her tag portion of his or her deer permit to the carcass of the taken deer, and, within twenty-four (24) hours of the taking, convey the deer to an environmental police officer or other designee of the department, or to a deer-check station, if one is in operation at the time, for checking. Any dead deer found not having a tag attached to it identifying the owner shall be the property of the state and shall be seized by any environmental police officer who finds or locates the carcass, to be disposed of by direction of the director.
(b) Crossbow permits. Crossbow permits may be issued by the department to those persons who have a permanent physical impairment due to injury or disease, congenital or acquired, that renders them so severely disabled as to be unable to use a conventional bow and arrow device. Said permits will be issued by the department only after the receipt of a physician’s statement confirming the applicant is impaired as referred to above. All permittees must have taken and successfully completed both hunter education and bow hunter education classes prior to the issuance of a permit.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1984, ch. 417, § 2; P.L. 2004, ch. 36, § 1; P.L. 2004, ch. 137, § 1.
(a) Any person owning or occupying any property, and any employee of that person, while on that person’s premises, may kill any deer found destroying any crops, vegetables, or fruit trees, or otherwise causing damage to that property; provided, however, that this person shall not kill any deer unless he or she has obtained a permit from the director to do so. The director, on application, may issue the permit to any responsible owner, or the owner’s employee, provided that no such permit shall be issued until the director has determined that actual damage has been done to crops, vegetables, fruit trees, or other property by any deer, and that no practical alternative to the shooting of the deer is available. This permit shall be issued on an annual basis at a fee of twenty-five dollars ($25.00). Any person taking or wounding a deer under the permit shall report the taking or wounding to a conservation officer or other designee of the director within twenty-four (24) hours of the taking or wounding.
(b) Hunting shall only be permitted from one half (½) hour before sunrise to one half (½) hour after sunset; provided that the director, subject to terms and conditions to be set forth by regulation, may authorize hunting at other times on farmlands; and further provided, that these farms have experienced severe deer damage to a cash crop or crops, and have attempted unsuccessfully other reasonable means of controlling the damage, including daylight hunting; and provided further, that the director determines whether these farmlands are of sufficient size to support night hunting without endangering the public safety. A night hunting permit may be issued by the director to any responsible owner, or the owner’s employee, provided that no such permit shall be issued until the director has determined that actual damage has been done to crops, vegetables, fruit trees, or other property by any deer, and that no practical alternative to the shooting of the deer is available. This permit shall be issued on an annual basis at a fee of twenty-five dollars ($25.00).
(c) Under the authority of the director, the division of agriculture shall be responsible for administering the provisions of this section as they relate to farmers, and may also be responsible for administering this section as it relates to other landowners.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1997, ch. 260, § 1; P.L. 2001, ch. 274, § 2; P.L. 2002, ch. 44, § 1; P.L. 2004, ch. 595, art. 33, § 5.
(a) No person hunting, pursuing or taking deer by archery shall be equipped with equipment not authorized by regulations promulgated by the department and/or as authorized by subsection (b).
(b) Possession of archery aid devices for deer hunting with special permit. Any person who has a permanent physical impairment due to injury or disease, congenital or acquired, that renders them so severely disabled as to be unable to use a conventional bow and arrow device, and/or who is sixty-five (65) years of age or older, may legally hunt deer using adaptive equipment and aids. Said permits will be issued by the department only after the receipt of a physician’s statement confirming the applicant is impaired as referred to above.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2004, ch. 36, § 1; P.L. 2004, ch. 137, § 1.
No person shall use, or have in his or her possession, while hunting for deer, pistols, guns, or other firearms, spear guns, crossbows, explosive points, poisonous or barbed points, or any other projectile, propelled by any means, capable of carrying or injecting any incapacitating drug or chemical; provided, however, that a duly licensed person may hunt for deer by shotgun, muzzle-loading rifle, long bow (straight limb, reflex, recurve, or compound bow) or crossbow. Possession of any deer showing evidence that it was taken with a prohibited device shall be a violation of this section. Upon conviction of a violation of any provision of this section, any weapons, guns, or ammunition shall be forfeited to the state.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1984, ch. 417, § 2; P.L. 2004, ch. 36, § 1; P.L. 2004, ch. 137, § 1.
Any city or town council is authorized and empowered to prohibit hunting, possessing, or taking deer within the boundaries of the city or town by ordinance duly enacted.
History of Section. P.L. 1981, ch. 197, § 3.
The owner of any vehicle that has been substantially damaged by collision with wildlife shall, within twenty-four (24) hours after the collision, report the accident to the department of environmental management. The department shall promulgate rules and regulations governing possession and use of the animal carcass. The driver of any vehicle involved in a collision with a deer shall have the right of first refusal to possess and use the deer carcass.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2024, ch. 170, § 1, effective June 17, 2024; P.L. 2024, ch. 171, § 1, effective June 17, 2024.
Any person who wounds or kills a deer shall make a written report stating the facts relative to the wounding or killing, signed by him or her, to be sent or submitted within twenty-four (24) hours to the department.
History of Section. P.L. 1981, ch. 197, § 3.
It shall be unlawful for any person to have in his or her possession any deer, or part of a deer, unless the deer has been taken legally under the provisions of this chapter, or has been imported legally from another state or country. It is unlawful for any person, at any time, to sell, or offer for sale, any deer, or part of a deer, excepting non-edible parts such as heads, hides, or skins, except as provided elsewhere in this title. Possession of each deer, or part of a deer, in violation of this section is considered a separate and distinct offense.
History of Section. P.L. 1981, ch. 197, § 3.
(a) No person shall hunt, pursue, shoot, or trap, or attempt so to do, the following furbearing mammals in this state, except in accordance with rules and regulations governing seasons, bag limits, and methods of taking adopted by the director pursuant to § 20-1-12.
(b) [Deleted by P.L. 2024, ch. 187, § 2 and P.L. 2024, ch. 188, § 2.]
(c) The department of environmental management shall promulgate, by rule, a list of “furbearers” for the purpose of this chapter.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2024, ch. 187, § 1, effective June 17, 2024; P.L. 2024, ch. 188, § 1, effective June 17, 2024; P.L. 2024, ch. 187, § 2, effective January 15, 2025; P.L. 2024, ch. 188, § 2, effective January 15, 2025.
Any person owning or leasing and operating any property, and any employee of that person, may, while on that person’s premises, kill and take a furbearer that is worrying, wounding, or killing the domestic animals or livestock on the property, or destroying or mutilating agricultural crops or fruit trees on the property; or otherwise causing clear-and-immediate economic damage to any property belonging to that person; or creating a potential health hazard; provided that, except in the case of rabbits, the carcass of the furbearer shall be presented to the department within twenty-four (24) hours of taking. The animal may then be possessed by the landowner or lessee for the use of the immediate family of the landowner or lessee, and shall not be sold or offered for sale, except by special permission of the director.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1994, ch. 248, § 1.
No person shall own or have in his or her possession in this state a European ferret, nor shall any person use ferrets in hunting any game in this state. In addition to the penalties provided in § 20-1-16, any person violating the provisions of this section shall forfeit the ferret(s). The director may, upon application, give special permission for ownership and possession of a European ferret.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1983, ch. 107, § 4.
Raccoons may be taken and possessed with the use of a gun, when the taker is accompanied by a dog. No person shall hunt raccoons at night by the use of rifle larger than a twenty-two (22) caliber rim fire long rifle or by the use of shotgun shells carrying shot larger than number four (no. 4) shot or by the use of a light other than a kerosene lantern, exclusive of the pressure type, or a flashlight with more than six (6) cells. No person shall take, or attempt to take, raccoons by use of a light from a motor vehicle.
History of Section. P.L. 1981, ch. 197, § 3.
Nothing in this chapter shall be construed to prohibit a person from keeping a live raccoon or raccoons for either breeding or other purposes while having in his or her possession a permit or license issued by the department to do so.
History of Section. P.L. 1981, ch. 197, § 3.
No person shall erect, set, repair, maintain, or tend any snare, or spread any poison, for the purpose of catching or killing any animal, except within buildings located on land owned or occupied by him or her, unless specifically allowed by regulations adopted under § 20-1-12.
History of Section. P.L. 1981, ch. 197, § 3.
No person shall set, maintain, or tend any trap for the purpose of taking, killing, or destroying any furbearing animal without first obtaining a trapping license from the department of environmental management; provided, however, that a resident of this state, or a member of the resident’s immediate family, may set traps without a license on land owned or leased by him or her and on which he or she is actually domiciled. The trapping license shall have the name of the licensee contained thereon, and every trap set by a licensee shall carry upon it a license identification, insignia, or number in any design, size, and form that the director shall designate. No license shall be issued to any nonresident from a state that does not afford to Rhode Island residents trapping privileges.
History of Section. P.L. 1981, ch. 197, § 3.
(a) No person shall use, set, place, or maintain or tend any steel-jawed, leghold trap to capture any furbearing mammal or other animal; provided, however, that any person may apply in writing to the director of the department of environmental management for a special permit to use a steel-jawed, leghold trap to be used on his or her property when there exists on his or her property an animal nuisance that cannot be reasonably abated except by the use of the trap.
(b) If the director determines that this nuisance exists on the property of the applicant that cannot be reasonably abated by means not prohibited by this section, the director may then issue a permit to the applicant, for a period not exceeding ninety (90) days, to use, set, place, maintain, or tend any steel-jawed, leghold traps that the director may deem necessary to eliminate the nuisance.
(c) Any person violating this section shall be punished by a fine not exceeding five hundred dollars ($500) or be imprisoned not exceeding one year, or both, and his or her trapping license and privilege to trap shall be revoked for one year from the date of conviction.
History of Section. P.L. 1981, ch. 197, § 3.
No trap shall be set by any person on the enclosed land of another without the written permission of the owner of the land. Every trap shall be placed in a hole, brush pile, stone wall, or other protected place, so situated as to be inaccessible to any domestic animal. No person setting a trap, or traps, shall fail to visit the traps at least once every twenty-four (24) hours. No traps shall be set, staked, or placed where furbearing animals might be found before the opening day and time of the trapping season established pursuant to § 20-1-12; all traps shall be removed by the last day of the season.
History of Section. P.L. 1981, ch. 197, § 3.
The possession of a green pelt, or any part of a pelt, by any person, except during the open season for the animal and for ten (10) days thereafter, shall be prima facie evidence that the pelt, or part of a pelt, was unlawfully taken and possessed. For the purposes of this section a “green pelt” is defined to mean a pelt that is not dried, cured, or tanned.
History of Section. P.L. 1981, ch. 197, § 3.
No person shall disturb, tend, or possess a trap of another, or take a furbearing animal from the traps of another, unless specifically authorized to do so by the owner.
History of Section. P.L. 1981, ch. 197, § 3.
Every holder of a trapping license shall make a report of the number and species of all furbearing animals taken by him or her on forms provided by the department within thirty (30) days of the end of the trapping season and before the expiration of the holder’s license. No renewal of a trapping license shall be granted unless the report has been made.
History of Section. P.L. 1981, ch. 197, § 3.
Any person convicted a second time of a violation of any of the provisions of this chapter shall, in addition to the penalties elsewhere prescribed, be deprived of the privilege of trapping for furbearing animals within this state for three (3) years thereafter under a penalty of thirty (30) days imprisonment for each offense.
History of Section. P.L. 1981, ch. 197, § 3.
[Repealed]
History of Section. P.L. 1981, ch. 197, § 3; Repealed by P.L. 2015, ch. 141, art. 20, § 17, effective June 30, 2015.
[Repealed]
History of Section. P.L. 1981, ch. 197, § 3; Repealed by P.L. 2015, ch. 141, art. 20, § 17, effective June 30, 2015.
No person or persons shall remove, or attempt to remove, a live muskrat, raccoon, mink, otter, skunk, or fox from any hole in the ground, from any stone wall, from within any ledge or from under any stone, from any den or house, or from any hole in any log or tree by digging or smoking, or by probing with any wooden, metal, or other device. No person shall set a trap within eight feet (8′) from a muskrat house. The provision of this section may be waived by the director on application by a landowner seeking to protect his or her property from nuisance furbearers.
History of Section. P.L. 1981, ch. 197, § 3.
No person shall hunt, trap, take, or kill an otter in this state. Any person violating the provision of this section shall be guilty of a civil violation and be subject to a fine of one hundred dollars ($100) for each offense. Jurisdiction over violations of this section shall be with the traffic tribunal.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2007, ch. 253, § 5; P.L. 2007, ch. 294, § 5.
It is unlawful for any person to have in his or her possession any furbearer, or any part of a furbearer, unless it has been legally taken under the provisions of this chapter or chapter 17 of this title, or shall have been legally imported from another state or country. It is unlawful for any person at any time to sell, or offer for sale, any cottontail rabbit, varying hare, or gray squirrel, or any part thereof, excepting inedible parts such as heads, feet, hides, skins, or tails.
History of Section. P.L. 1981, ch. 197, § 3.
Any person holding a game propagation permit may engage in the rearing within an enclosure of any wild birds, game quadrupeds, or domestic game, to be disposed of for purposes of propagation under any rules and regulations as shall be made, from time to time, by the director, or, in the case of domestic game, for liberation at field trials or upon game preserves. Artificially propagated domestic game shall be tagged for identification with tags or seals supplied, at cost, to the permittee by the department, before being disposed of by the permittee. Game so tagged may be had in possession, transported, bought, and sold at any season of the year.
History of Section. P.L. 1981, ch. 197, § 3.
(a) No person shall engage in the commercial raising or selling of wild birds, game quadrupeds, or domestic game birds unless that person possesses a commercial game propagation license issued by the department.
(b) Game raised under the license may be bought, sold, and had in possession, live, at any season of the year for purposes of propagation.
(c) Carcasses of artificially propagated game may be sold only by a person who holds, in addition to a commercial propagation license, a license issued by the department authorizing the sale of game carcasses. All game carcasses sold under the license must have attached to the game carcass a tag or seal provided to the licensee by the department, at cost, which tag or seal shall remain intact until the game is used.
(d) The director may, from time to time, issue any rules and regulations that he or she deems necessary to control the operation of the business of propagation, raising, and sale of game.
History of Section. P.L. 1981, ch. 197, § 3.
All persons selling artificially propagated or reared game and domestic game birds shall keep accurate records of the sales that shall be available for inspection by agents of the department upon request.
History of Section. P.L. 1981, ch. 197, § 3.
No person shall counterfeit any tag or seal issued by the department in accordance with the provisions of this chapter, and no tag or seal issued shall be affixed to the carcass of any game other than domestic game.
History of Section. P.L. 1981, ch. 197, § 3.
Common carriers may receive and transport at any time carcasses of domestic game birds and animals tagged as provided in §§ 20-17-1 and 20-17-2, but to every package containing the carcasses shall be affixed a tag or label upon which shall be plainly printed or written the name, address, and number of the license of the person to whom the license was issued; the name or names of the person or persons to whom the package is to be transported; the number and kind of carcasses contained in the package; and the signed statement that the package contains domestic game.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1989, ch. 542, § 34.
Any keeper of a hotel, a restaurant, a boarding house, and club or a retail dealer in meat may sell domestic game birds and animals, properly tagged or sealed as provided in §§ 20-17-1 and 20-17-2, to a patron or customer for actual consumption and no license for the sale shall be required of the person, keeper, dealer, or club.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1989, ch. 542, § 34.
No person, firm, corporation, or agent thereof shall import any frozen game from outside the state without having first obtained a license to do so from the director and the proper number of tags for each carcass to be imported and sold; provided, that any frozen game taken under a nonresident license in another state, and so identified with the hunter’s name, address, state in which taken, and nonresident license number may be imported into Rhode Island without additional permits.
History of Section. P.L. 1981, ch. 197, § 3.
Any license or permit granted by the director, as provided in this chapter, may be by him or her revoked, for cause, at any time, and if any person to whom the license or permit has been issued shall be convicted of a violation of the conservation law in relation to fish and game, the director may not only revoke the license or permit of that person but thereafter no similar license or permit shall be issued to that person for a period of three (3) years.
History of Section. P.L. 1981, ch. 197, § 3.
The director may, by regulation, prohibit or otherwise regulate the importation of any live fish, birds, or animals from any other state, or from a foreign country, that is not regulated by the department of health under chapter 18 of title 4.
History of Section. P.L. 1981, ch. 197, § 3.
No person, firm, corporation, or association dealing in poultry, meats, fish, groceries, or other provision, or any other business that requires, or has, an ice box or cold storage or freezing vault, of any description, for use in connection with his or her, their or its business, and no hotel, club, public house, restaurant, or victualer’s house shall purchase or possess any bird or animal, the sale of which is prohibited, without first obtaining a permit from the director.
History of Section. P.L. 1981, ch. 197, § 3.
All wild birds and wild animals seized under the provision of this title, that were taken, possessed, or kept in violation of the law, shall be forfeited to the state in the manner provided by law, and disposed of by the director at his or her discretion.
History of Section. P.L. 1981, ch. 197, § 3.
The director may, in the name and for the use of the state, and subject to the approval of the state properties committee, acquire by gift, lease, purchase, or easement, land within the state for the purpose of protecting, conserving, cultivating, or propagating any species of wildlife, plant, or animal. The director may, with the consent of the owner of the land, control any land suitable with character and situation for those purposes. Any land so acquired or controlled by the department of environmental management shall be posted conspicuously and designated as a state park or management area.
History of Section. P.L. 1981, ch. 197, § 3.
It is unlawful for any person at any time to hunt, trap, pursue, take, or kill, or attempt so to do, or in any manner molest or destroy, any wild bird, or the nest or eggs of wild birds, or any wild animal, on land leased or controlled by the department under the authority of § 20-18-1, except that the director may, in his or her discretion, and with any limitations the director may deem advisable, authorize, in writing, any deputy and/or the owner or occupant of the land, to hunt, pursue, take, or kill any wild bird or animal detrimental to its species or other species, to agriculture or other plant life, or to humans. This authority is revocable at the pleasure of the director.
History of Section. P.L. 1981, ch. 197, § 3.
It is unlawful for any person to hunt, trap, pursue, take, or kill, or attempt so to do, or in any manner molest or destroy, any wild birds, or the nests or eggs of wild birds, or any wild animal, within the exterior boundaries of any state management area, or park, or land held by any entity in trust for public use, except that the authorities or persons having the control and charge of the lands may in their discretion, with limitations they may deem advisable, and consistent with the laws and rules and regulations of the state relating to seasons, bag and size limits, and manner of taking, authorize persons to hunt, take, or kill within the boundaries any wild birds or animals that are not now protected by law. Authorization is given by written permit, and the permit is revocable at the pleasure of the authorities or persons granting it. The provisions of this section may be enforced by the officials and persons having charge of these lands, and by environmental police officers of the department of environmental management.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 2017, ch. 79, § 1; P.L. 2017, ch. 94, § 1.
Whereas the state of Rhode Island recognizes that a diversified, stable, clean, and aesthetically satisfying natural environment is essential to the health, safety, and welfare of the people of Rhode Island; and
Whereas such an environment contributes significantly to economic and social development and progress and is also of high value for educational, scientific, recreational, and other purposes; and
Whereas it is further recognized that the continued existence of this natural environment within Rhode Island is dependent upon the maintenance of a high order of diversity of life forms within that environment and is equally dependent upon the maintenance of sufficient and suitable natural habitat in which a diverse fauna and flora can reproduce, find food, shelter, and clean soil, water, and air and carry out those functions essential to sustain their existences; and
Whereas it is recognized that in addition to appropriate habitat, diversity and numbers of species and individuals in native faunal and floral populations is the key to maintaining a healthy, stable, and productive natural environment within which the citizens of Rhode Island can function; and
Whereas it is acknowledged that Rhode Island has a distinctive natural community of living things worthy of protection for its own sake and for the use and benefits of its people; and
Whereas it is further recognized that the existence of many individual species of animals and plants within Rhode Island has been, and may continue to be, threatened by the intentional and unintentional activities of humans in the course of their daily affairs:
It is hereby declared to be the intent of the state of Rhode Island, to provide a means by which “nongame wildlife” research and management may be financed through a voluntary checkoff of a portion of an income tax refund owed to a taxpayer by the state. It is also intended that funds generated by the checkoff be supplemental to any funds that would otherwise be available for the above purposes, and that the funds be used only for “nongame wildlife” research and management.
History of Section. P.L. 1986, ch. 437, § 1.
As used in this chapter the following terms shall, where the context permits, be construed as follows:
(1) “Director” means the director of the department of environmental management, or any subordinate, or subordinates, to whom the director has delegated the powers and duties vested in him or her by this chapter.
(2) “Nongame wildlife” means, generally, any member of the animal kingdom that is a species that is neither harvested or domesticated by humans in Rhode Island. It also means any member of the plant kingdom that grows in this state in a wild or unmanaged situation without cultivation, fertilization, or other agricultural practice required to sustain it. The director, in addition to his or her other powers, has the power to promulgate lists of the names of specific animals and plants that are excluded from the category of nongame wildlife, in accordance with these criteria.
History of Section. P.L. 1986, ch. 437, § 1.
(a) Sums collected as a result of the taxpayer checkoff as provided for in § 44-30-2.2 shall be deposited as general revenues. The director is authorized to accept any grant, devise, bequest, donation, gift, or assignment of money, bonds, or other valuable securities for deposit as general revenues.
(b) The moneys appropriated under this chapter are to be used solely to research, manage, protect, inventory, and establish a body of ecological information pertaining to nongame wildlife species. When appropriate, these uses may include habitat acquisition; educational programs; personnel needs; enforcement of laws pertaining specifically to nongame wildlife; planning, writing, and implementation of management programs; utilization of funds from other sources; and cooperation with other public and private programs with similar or parallel objectives. The moneys shall not be used for animal control programs, nor for any program or activity related directly to game or domestic animals.
(c) Moneys deposited may be carried over from one fiscal year to the next.
History of Section. P.L. 1986, ch. 437, § 1; P.L. 1995, ch. 370, art. 40, § 55.
No person shall conduct a field trial, at which domestic game birds may be taken by shooting, within this state, unless a license has been obtained from the director.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1992, ch. 27, § 1.
No person shall operate a shooting preserve unless a license has been obtained from the director. Domestic game birds may be released and taken by shooting at shooting preserves. The following requirements must be followed in shooting preserves:
(1) The shooting area is a single body of land not less than one hundred twenty (120) acres in size, and is accurately described in the application;
(2) The licensee shall keep an accurate record of all domestic game held by him or her, how, when, and where acquired, how many released and when released, how many taken on the area, by whom, and when, and shall provide this information to the department when required;
(3) The licensee shall attach to each domestic game bird killed on the area a band furnished by the department for which the licensee shall pay the cost of purchase or manufacture;
(4) Domestic game birds taken on a shooting preserve may be possessed and transported in any number but only when bearing the prescribed band; and
(5) Every person hunting or taking domestic game birds on a shooting preserve has a valid Rhode Island hunting license or a special license permitting the taking of domestic game on shooting preserves only.
History of Section. P.L. 1981, ch. 197, § 3; P.L. 1992, ch. 27, § 1.
Only domestic game birds may be utilized by persons conducting a field trial or operating a shooting preserve subject to the provisions of this chapter.
History of Section. P.L. 1981, ch. 197, § 3.
The provisions of § 4-1-5 and chapter 13 of this title shall not be construed to apply to shooting preserves; to field trials upon liberated, domestic game birds; or to the possession, releasing, or shooting of liberated domestic game birds at field trials or upon shooting preserves licensed in accordance with the provisions of this chapter.
History of Section. P.L. 1981, ch. 197, § 3.
[Repealed]
[Repealed]
[Repealed]
[Repealed]
History of Section. P.L. 1945, ch. 1611, § 1; G.L. 1956, § 20-23-1; Repealed by P.L. 1981, ch. 197, § 2, effective January 1, 1982.
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
[Repealed]
History of Section. P.L. 1972, ch. 64, § 1; Repealed by P.L. 1981, ch. 197, § 2, effective January 1, 1982. For provisions relating to the marine fisheries council, see § 20-3-1 et seq.
It is the policy of this state to contribute to the maintenance of a high-quality environment within the state and elsewhere for the benefit of the safety, health, and welfare of its citizens by forbidding the importation, sale, offering for sale, transportation, storage, traffic, ownership, or other possession or use of any dead or live animal or plant or any part of the skin, other tissues, or body, whether raw, manufactured, processed, or preserved, of any species of animal or plant considered by the United States Secretaries of the Interior or Commerce to be under the provisions of the federal Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq.
History of Section. P.L. 1973, ch. 26, § 1; P.L. 1977, ch. 173, § 1.
As used in this chapter, unless the context otherwise requires:
(1) “Animal” and “plant” means any living or dead organism, or organisms, other than bacteria, or viruses or any part of such organism regardless of its age, condition, location, or proximity to other parts or tissues of the same or similar organisms;
(2) “Director” means the director of the Rhode Island department of environmental management;
(3) “Endangered species” means any animal or plant so declared by the United States Secretaries of the Interior or Commerce under the provisions of the federal Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq., or any animal or plant so declared by the director of the Rhode Island department of environmental management pursuant to chapter 34 of title 42; and
(4) “Person” means any individual, firm, company, corporation, business, manufacturer, wholesaler, retailer, warehouse operator, transporter, importer, exporter, state or municipal agency, club, or any other group, organization, or individual.
History of Section. P.L. 1973, ch. 26, § 1; P.L. 1977, ch. 173, § 1; P.L. 1980, ch. 218, § 1.
No person shall buy, sell, offer for sale, store, transport, import, export, or otherwise traffic in any animal or plant, or any part of any animal or plant, whether living, dead, processed, manufactured, preserved, or raw if the animal or plant has been declared to be an endangered species by either the United States Secretaries of the Interior or Commerce or the director of the Rhode Island department of environmental management. The only exception to these prohibitions shall be for purposes of scientific research or educational display either of which must be done by or under the formal supervision of a legitimate college or university and then only upon the issuance of a special permit for each individual excepted species. The permit may be issued by the director of environmental management. The permit will be denied by the director if, in his or her opinion, issuance of the permit would not be entirely justified or entirely in the best interests of preservation and protection of the species involved. Under no circumstances will a permit be granted for exception if commercial considerations are involved in any way.
History of Section. P.L. 1973, ch. 26, § 1; P.L. 1977, ch. 173, § 1.
(a) The director of environmental management and all enforcement personnel in the director’s department, all members of the state police force, and all duly authorized city and town law enforcement authorities have power to enforce this law. They have authority under warrant to search for and seize any goods, merchandise, or animal sold, or offered for sale, or otherwise used or possessed in violation of this section, or any property or item used in connection with a violation of this section; the seized goods, merchandise, wildlife, or property shall be held pending proceedings in any court of proper jurisdiction. Upon conviction of a violation, the seized goods, merchandise, or animals shall be forfeited and, upon forfeiture, either offered to a college or university for scientific or educational purposes, or destroyed. The possessor of an animal included under this chapter has the burden of proof that the animal or parts thereof are not held in violation of this chapter.
(b) Individuals in possession of the skins of endangered species must show that the skins were purchased or obtained prior to January 1, 1974.
History of Section. P.L. 1973, ch. 26, § 1.
Upon conviction of a violation of this chapter, the violator shall be fined no less than five hundred dollars ($500) nor more than five thousand dollars ($5,000) or imprisoned not exceeding one year, or both.
History of Section. P.L. 1973, ch. 26, § 1.
This chapter shall be known and may be cited as the “Rhode Island Seafood Marketing Collaborative of 2011.”
History of Section. P.L. 2011, ch. 226, § 1; P.L. 2011, ch. 316, § 1.
The general assembly hereby finds that there are currently insufficient resources and information necessary to support Rhode Island’s local fishermen and aquaculturists and related small businesses to ensure the best possible economic and environmental outcomes for the creation of more locally produced sustainable food systems, that in particular includes seafood, in the state of Rhode Island.
History of Section. P.L. 2011, ch. 226, § 1; P.L. 2011, ch. 316, § 1; P.L. 2015, ch. 100, § 1; P.L. 2015, ch. 111, § 1.
When used in this chapter, the following terms shall have the following meanings:
(1) “Aquaculture” means the farming of aquatic organisms such as fish, crustaceans, mollusks, and aquatic plants.
(2) “Collaborative” means the Rhode Island seafood marketing collaborative established under § 20-38-4.
(3) “Rhode Island’s local fishermen and aquaculturists” means commercial fishermen and aquaculturists licensed in the state of Rhode Island.
(4) “Seafood dealer” means any person engaged in purchasing, raising, propagating, breeding, or acquiring or possessing live fish or fish eggs to be sold or furnished to others for the purpose of resale licensed in the state of Rhode Island.
(5) “State agencies” means state entities responsible for the implementation of Rhode Island’s fishery management and economic development, including, but not limited to:
(i) The department of environmental management, which shall include:
(A) The division of agriculture and
(B) The division of marine fisheries;
(ii) The commerce corporation;
(iii) The coastal resources management council;
(iv) The department of health;
(v) The department of administration.
(6) “Sustainable food system” means one in which resources (including natural resources, such as soil and water, as well as human resources, such as labor) are used at, or below, their rate of recovery.
(7) [Deleted by P.L. 2015, ch. 100, § 1 and P.L. 2015, ch. 111, § 1].
History of Section. P.L. 2011, ch. 226, § 1; P.L. 2011, ch. 316, § 1; P.L. 2015, ch. 100, § 1; P.L. 2015, ch. 111, § 1; P.L. 2017, ch. 191, § 7; P.L. 2017, ch. 242, § 7.
(a) There is hereby created a collaborative known as “The Rhode Island seafood marketing collaborative” consisting of nineteen (19) members as follows:
(1) The director of the department of environmental management, or his or her designee, who shall serve as chairperson;
(2) The chief executive officer of the commerce corporation, or his or her designee;
(3) The chief of the division of marine fisheries of the department of environmental management, or his or her designee;
(4) The director of the department of health, or his or her designee;
(5) The chief of the division of agriculture of the department of environmental management, or his or her designee;
(6) The executive director of the coastal resources management council, or his or her designee;
(7) The director of administration, or his or her designee;
(8) The dean of the university of Rhode Island college of environment and life sciences, or his or her designee;
(9) The director of the Rhode Island sea grant program, or his or her designee; and
(10) Ten (10) additional members, each of whom shall be appointed by the director of the department of environmental management, in accordance with the following categories:
(i) Two (2) Rhode Island-based dealers/wholesalers/processors who purchase and sell finfish, shellfish, and/or crustaceans;
(ii) Two (2) commercial aquaculturists;
(iii) A Rhode Island-based retailer of seafood products associated with a restaurant or restaurant organization;
(iv) A Rhode Island-based retailer of seafood products associated with an independent or franchised store;
(v) Two (2) commercial fishermen licensed to harvest and/or land in Rhode Island;
(vi) A member of an independent organization or association representing the Rhode Island hospitality industry;
(vii) An economist with expertise in seafood marketing.
(b) Forthwith upon the passage of this chapter, the members of the collaborative shall meet at the call of the chairperson and organize. Thereafter, the collaborative shall meet at the call of the chairperson or three (3) members of the collaborative.
(c) All departments and agencies of the state shall furnish such advice and information, documentation, and otherwise to the collaborative and its agents as is deemed necessary or desirable by the collaborative to facilitate the purposes of this chapter.
(d) The members of the collaborative shall receive no compensation for their services.
History of Section. P.L. 2011, ch. 226, § 1; P.L. 2011, ch. 316, § 1; P.L. 2015, ch. 100, § 1; P.L. 2015, ch. 111, § 1; P.L. 2017, ch. 191, § 7; P.L. 2017, ch. 242, § 7.
The collaborative shall support and work collaboratively with the Rhode Island fishing community to promote the marketing and sustainability of Rhode Island seafood, including but not limited to:
(1) Identifying regulatory restrictions preventing and/or inhibiting local seafood marketing initiatives and identifying opportunities to remove those regulatory restrictions;
(2) Identifying and facilitating opportunities to increase consumer demand for local seafood;
(3) Identifying and facilitating opportunities to establish agreements with local fishermen and seafood dealers for potential seafood marketplace expansion;
(4) Reviewing and identifying existing studies, pilot programs and initiatives of this state and other states regarding seafood-marketing practices;
(5) Providing educational opportunities for consumers and the fishing community regarding local seafood issues and initiatives;
(6) Identifying funding sources available to the fishing community to support seafood marketing;
(7) Responding to requests for information from the legislature and commenting on proposed legislation;
(8) Issuing recommendations necessary to achieve these goals;
(9) Identifying opportunities for potential funding to support Rhode Island seafood marketing efforts and initiatives.
History of Section. P.L. 2011, ch. 226, § 1; P.L. 2011, ch. 316, § 1; P.L. 2017, ch. 451, § 30.
[Repealed]
History of Section. P.L. 2011, ch. 226, § 1; P.L. 2011, ch. 316, § 1; Repealed by P.L. 2015, ch. 100, § 2, effective June 19, 2015; P.L. 2015, ch. 111, § 2, effective June 19, 2015.
(a) The collaborative shall provide a report of its findings addressing the research, marketing, expansion, and funding opportunities for local seafood. Said report shall be provided to the governor and general assembly by April 30, 2012.
(b) Thereafter, the collaborative shall report to the governor and the general assembly, no later than April 30 of each year, on the progress made in achieving the goals and objectives set forth in this chapter and any other pertinent information by April 30, 2012.
(c) The collaborative shall be subject to the provisions of chapter 2 of title 38, access to public records act, and chapter 46 of title 42, open meetings act.
History of Section. P.L. 2011, ch. 226, § 1; P.L. 2011, ch. 316, § 1.
The Interstate Wildlife Violator Compact is entered with all states legally joining the compact, in the form substantially as follows:
ARTICLE I Findings, Declaration of Policy and Purpose
(a) The participating states find that:
(1) Wildlife resources are managed in trust by the respective states for the benefit of all residents and visitors.
(2) The protection of the wildlife resources of a state is materially affected by the degree of compliance with state statutes, laws, regulations, ordinances, and administrative rules relating to the management of such resources.
(3) The preservation, protection, management, and restoration of wildlife contributes immeasurably to the aesthetic, recreational, and economic aspects of such natural resources.
(4) Wildlife resources are valuable without regard to political boundaries; therefore, every person should be required to comply with wildlife preservation, protection, management, and restoration laws, ordinances, and administrative rules and regulations of the participating states as a condition precedent to the continuance or issuance of any license to hunt, fish, trap, or possess wildlife.
(5) Violation of wildlife laws interferes with the management of wildlife resources and may endanger the safety of persons and property.
(6) The mobility of many wildlife law violators necessitates the maintenance of channels of communication among the various states.
(7) In most instances, a person who is cited for a wildlife violation in a state other than his/her home state:
(i) Is required to post collateral or a bond to secure appearance for a trial at a later date; or
(ii) Is taken into custody until the collateral or bond is posted; or
(iii) Is taken directly to court for an immediate appearance.
(8) The purpose of the enforcement practices set forth in subdivision (7) is to ensure compliance with the terms of a wildlife citation by the cited person who, if permitted to continue on his/her way after receiving the citation, could return to his/her home state and disregard his/her duty under the terms of the citation.
(9) In most instances, a person receiving a wildlife citation in his/her home state is permitted to accept the citation from the officer at the scene of the violation and immediately continue on his/her way after agreeing or being instructed to comply with the terms of the citation.
(10) The practices described in subdivision (7) cause unnecessary inconvenience and, at times, a hardship for the person who is unable at the time to post collateral, furnish a bond, stand trial, or pay a fine, and thus is compelled to remain in custody until some alternative arrangement is made.
(11) The enforcement practices described in subdivision (7) consume an undue amount of law enforcement time.
(b) It is the policy of the participating states to:
(1) Promote compliance with the statutes, laws, ordinances, regulations, and administrative rules relating to management of wildlife resources in their respective states.
(2) Recognize the suspension of wildlife license privileges of any person whose license privileges have been suspended by a participating state and treat such suspension as if it had occurred in their state.
(3) Allow a violator, except as provided in subsection (b) of Article III, to accept a wildlife citation and, without delay, proceed on his/her way, whether or not a resident of the state in which the citation was issued, provided that the violator’s home state is party to this compact.
(4) Report to the appropriate participating state, as provided in the compact manual, any conviction recorded against any person whose home state was not the issuing state.
(5) Allow the home state to recognize and treat convictions recorded against its residents, which convictions occurred in a participating state, as though they had occurred in the home state.
(6) Extend cooperation to its fullest extent among the participating states for enforcing compliance with the terms of a wildlife citation issued in one participating state to a resident of another participating state.
(7) Maximize effective use of law enforcement personnel and information.
(8) Assist court systems in the efficient disposition of wildlife violations.
(c) The purpose of this compact is to:
(1) Provide a means through which participating states may join in a reciprocal program to effectuate the policies enumerated in subsection (b) in a uniform and orderly manner.
(2) Provide for the fair and impartial treatment of wildlife violators operating within participating states in recognition of the violator’s right to due process and the sovereign status of a participating state.
ARTICLE II Definitions
(1) “Citation” means any summons, complaint, summons and complaint, ticket, penalty assessment, or other official document issued to a person by a wildlife officer or other peace officer for a wildlife violation which contains an order requiring the person to respond.
(2) “Collateral” means any cash or other security deposited to secure an appearance for trial in connection with the issuance by a wildlife officer or other peace officer of a citation for a wildlife violation.
(3) “Compliance” with respect to a citation means the act of answering a citation through an appearance in a court or tribunal, or through the payment of fines, costs, and surcharges, if any.
(4) “Conviction” means a final judgment, order, decree or decision of a court or administrative agency issued after notice and opportunity for hearing and containing a finding of guilt or violation of a state statute, law, regulation, ordinance or administrative rule.
(5) “Court” means a court of law, including magistrate’s court, and the justice of the peace court.
(6) “Home state” means the state of primary residence of a person.
(7) “Issuing state” means the participating state which issues a wildlife citation to the violator.
(8) “License” means any license, permit, or other public document which conveys to the person to whom it was issued the privilege of pursuing, possessing, or taking any wildlife regulated by statute, law, regulation, ordinance, or administrative rule of a participating state.
(9) “Licensing authority” means the department or division within each participating state which is authorized by law to issue or approve licenses or permits to hunt, fish, trap, or possess wildlife.
(10) “Participating state” means any state which enacts legislation to become a member of this wildlife compact.
(11) “Personal recognizance” means an agreement by a person made at the time of issuance of the wildlife citation that such person will comply with the terms of the citation.
(12) “State” means any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Provinces of Canada, and other countries.
(13) “Suspension” means any revocation, denial, or withdrawal of any or all license privileges, including the privilege to apply for, purchase, or exercise the benefits conferred by any license.
(14) “Terms of the citation” means those conditions and options expressly stated upon the citation.
(15) “Wildlife” means all species of animals including, but not limited to, mammals, birds, fish, reptiles, amphibians, mollusks, and crustaceans, which are defined as “wildlife” and are protected or otherwise regulated by statute, law, regulation, ordinance, or administrative rule in a participating state. Species included in the definition of “wildlife” vary from state to state and determination of whether a species is “wildlife” for the purposes of this compact shall be based on local law.
(16) “Wildlife law” means any statute, law, regulation, ordinance, or administrative rule developed and enacted for the management of wildlife resources and the uses thereof.
(17) “Wildlife officer” means any individual authorized by a participating state to issue a citation for a wildlife violation.
(18) “Wildlife violation” means any cited violation of a statute, law, regulation, ordinance, or administrative rule developed and enacted for the management of wildlife resources and the uses thereof.
ARTICLE III Procedures for Issuing State
(a) When issuing a citation for a wildlife violation, a wildlife officer shall issue a citation to any person whose primary residence is in a participating state in the same manner as though the person were a resident of the issuing state and shall not require such person to post collateral to secure appearance, subject to the exceptions noted in subsection (b) if the officer receives the recognizance of such person that he/she will comply with the terms of the citation.
(b) Personal recognizance is acceptable:
(1) If not prohibited by state or local law or the compact manual; and
(2) If the violator provides adequate proof of identification to the wildlife officer.
(c) Upon conviction or failure of a person to comply with the terms of a wildlife citation, the appropriate official shall report the conviction or failure to comply to the licensing authority of the participating state in which the wildlife citation was issued. The report shall be made in accordance with procedures specified by the issuing state and shall contain information as specified in the compact manual as minimum requirements for effective processing by the home state.
(d) Upon receipt of the report of conviction or noncompliance pursuant to subsection (c), the licensing authority of the issuing state shall transmit to the licensing authority of the home state of the violator the information in form and content as prescribed in the compact manual.
ARTICLE IV Procedure for Home State
(a) Upon receipt of a report from the licensing authority of the issuing state reporting the failure of a violator to comply with the terms of a citation, the licensing authority of the home state shall notify the violator and shall initiate a suspension action in accordance with the home state’s suspension procedures and shall suspend the violator’s license privileges until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished by the issuing state to the home state licensing authority. All member states may honor a suspension based on failure to comply. Due process safeguards will be accorded.
(b) Upon receipt of a report of conviction from the licensing authority of the issuing state, the licensing authority of the home state may enter such conviction in its records and may treat such conviction as though it occurred in the home state for the purposes of the suspension of license privileges if the violation resulting in a suspension could have been the basis for suspension of license privileges in the home state.
(c) The licensing authority of the home state shall maintain a record of actions taken and shall make reports to issuing states as provided in the compact manual.
ARTICLE V Reciprocal Recognition of Suspension
(a) All participating states shall recognize the suspension of license privileges of any person by any participating state as though the violation resulting in the suspension had occurred in their state and could have been the basis for suspension of license privileges in their state.
(b) Each participating state shall communicate suspension information to other participating states in form and content as contained in the compact manual.
ARTICLE VI Applicability of Other Laws
Except as expressly required by provisions of this compact, nothing herein shall be construed to affect the right of any participating state to apply any of its laws relating to license privileges to any person or circumstance or to invalidate or prevent any agreement or other cooperative arrangement between a participating state and a nonparticipating state concerning wildlife law enforcement.
ARTICLE VII Compact Administrator Procedures
(a) For the purpose of administering the provisions of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of compact administrators is established. The board shall be composed of one representative from each of the participating states to be known as the compact administrator. The compact administrator shall be appointed by the head of the licensing authority of each participating state and shall serve and be subject to removal in accordance with the laws of the state he or she represents. A compact administrator may provide for the discharge of his or her duties and the performance of his or her functions as a board member by an alternate. An alternate shall not be entitled to serve unless written notification of his or her identity has been given to the board.
(b) Each member of the board of compact administrators shall be entitled to one vote. No action of the board shall be binding unless taken at a meeting at which a majority of the total number of the board’s votes are cast in favor thereof. Action by the board shall be only at a meeting at which a majority of the participating states are represented.
(c) The board shall elect annually from its membership a chairperson and vice-chairperson.
(d) The board shall adopt bylaws not inconsistent with the provisions of this compact or the laws of a participating state for the conduct of its business and shall have the power to amend and rescind its bylaws.
(e) The board may accept for any of its purposes and functions under this compact any and all donations and grants of moneys, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any governmental agency, and may receive, utilize and dispose of same.
(f) The board may contract with, or accept services or personnel from, any governmental or intergovernmental agency, individual, firm, or corporation, or any private nonprofit organization or institution.
(g) The board shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to board action shall be contained in a compact manual.
ARTICLE VIII Entry into Compact and Withdrawal
(a) This compact shall become effective at such time as it is adopted in substantially similar form by two (2) or more states.
(b)(1) Entry into the compact shall be made by resolution of ratification executed by the authorized officials of the applying state and submitted to the chairman of the board.
(2) The resolution shall substantially be in the form and content as provided in the compact manual and shall include the following:
(i) A citation of the authority from which the state is empowered to become a party to this compact;
(ii) An agreement of compliance with the terms and provisions of this compact; and
(iii) An agreement that compact entry is with all states participating in the compact and with all additional states legally becoming a party to the compact.
(3) The effective date of entry shall be specified by the applying state, but shall not be less than sixty (60) days after notice has been given:
(i) By the chairperson of the board of the compact administrators; or
(ii) By the secretary of the board to each participating state that the resolution from the applying state has been received.
(c) A participating state may withdraw from participation in this compact by official written notice to each participating state, but withdrawal shall not become effective until ninety (90) days after the notice of withdrawal is given. The notice shall be directed to the compact administrator of each member state. No withdrawal of any state shall affect the validity of this compact as to the remaining participating states.
ARTICLE IX Amendments to the Compact
(a) This compact may be amended from time to time. Amendments shall be presented in resolution form to the chairman of the board of compact administrators and shall be initiated by one or more participating states.
(b) Adoption of an amendment requires endorsement by all participating states and shall become effective thirty (30) days after the date of the last endorsement.
(c) Failure of a participating state to respond to the compact chairperson within one hundred twenty (120) days after receipt of a proposed amendment shall constitute endorsement thereof.
ARTICLE X Construction and Severability
This compact must be liberally construed so as to effectuate the purposes stated herein. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States, or the applicability thereof to any government, agency, individual, or circumstance is held invalid, the validity of the remainder of this compact shall not be affected thereby. If this compact shall be held contrary to the constitution of any participating state, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the participating state affected as to all severable matters.
History of Section. P.L. 2013, ch. 449, § 1; P.L. 2013, ch. 477, § 1.
(a) The department of environmental management shall enforce the Interstate Wildlife Violator Compact and shall do all things within the department’s jurisdiction that are appropriate in order to effectuate the purposes and the intent of the compact.
(b) The department is authorized, on behalf of the state, to enter or withdraw from the Interstate Wildlife Violator Compact pursuant to the terms of article VIII of the compact codified pursuant to § 20-39-1.
(c) The department is authorized to adopt amendments to the Interstate Wildlife Violator Compact pursuant to the terms of article IX of the compact codified pursuant to § 20-39-1.
History of Section. P.L. 2013, ch. 449, § 1; P.L. 2013, ch. 477, § 1.
(a) When the department of environmental management receives notice of the suspension of a person’s hunting, trapping, or fishing privileges by a participating state, the department shall determine whether the violation leading to the suspension could have led to the forfeiture of privileges under Rhode Island law. If the department determines that the person’s privileges could have been forfeited, the department may suspend the person’s privileges to hunt, trap, or fish in this state for the same period as imposed by the participating state not to exceed the maximum limits allowed by Rhode Island law, provided the department has complied with the requirements of § 20-39-5.
(b) When the department receives notice of a conviction of a state resident from the licensing authority of the issuing state, the department may, if the conviction is final, treat the conviction as if it had occurred in Rhode Island and shall determine whether the conviction could have led to the forfeiture of the resident’s hunting, trapping, or fishing privileges under state law. If the department determines that the resident’s privileges could have been forfeited, the department may suspend the resident’s privileges to hunt, trap, or fish in this state for the same period as the issuing state, not to exceed the limit that could have been imposed under Rhode Island law, provided the department has complied with the requirements of § 20-39-5.
(c) Notice of the suspension must be sent to the person, who must surrender any current Rhode Island hunting, trapping, or fishing licenses to the department within ten (10) days.
(d) A person whose privileges have been suspended and who hunts, traps, or fishes in this state; who applies for or purchases any licenses or permits to hunt, trap, or fish in this state; or who refuses to surrender any current hunting, trapping, or fishing licenses as required is guilty of a misdemeanor.
History of Section. P.L. 2013, ch. 449, § 1; P.L. 2013, ch. 477, § 1.
(a) The department of environmental management may suspend the hunting, trapping, or fishing privileges of any resident of this state, upon notification from the licensing authority of an issuing state, that the resident has failed to comply with the terms of a citation issued for a wildlife violation, provided the department has complied with the requirements of § 20-39-5. The suspension remains in effect until the department receives satisfactory evidence of compliance from the issuing state.
(b) Notice of the suspension must be sent to the resident, who shall surrender all current Rhode Island hunting, trapping, or fishing licenses to the department within ten (10) days.
(c) A person who hunts, traps, or fishes, who applies for or purchases licenses or permits, or who refuses to surrender any current hunting, trapping, or fishing licenses in violation of this section is guilty of a misdemeanor.
History of Section. P.L. 2013, ch. 449, § 1; P.L. 2013, ch. 477, § 1.
(a) Prior to suspending the hunting, trapping, or fishing privileges of any person under § 20-39-3 or § 20-39-4, the department of environmental management shall immediately notify the person in writing. The person may, within twenty (20) days of the notice, request a hearing before the department on whether the requirements for suspension have been met.
(b) Upon request, the department shall set a hearing as early as practicable.
(c)(1) The requesting person may present evidence and arguments at the hearing contesting whether:
(i) A participating state suspended the person’s privileges;
(ii) There was a final conviction in the participating state;
(iii) The person failed to comply with the terms of a citation issued for a wildlife violation in a participating state; or
(iv) A conviction in a participating state could have led to the forfeiture of privileges under Rhode Island law.
(2) Grounds other than those listed in subsection (a) may not be used to contest the department’s decision to suspend the person’s privileges.
(d) At the hearing, the department, through its authorized agent, may:
(1) Administer oaths;
(2) Issue subpoenas for the attendance of witnesses; and
(3) Admit all relevant evidence and documents, including notifications from participating states.
(e) Following the hearing, the department, through its authorized agent, may, based on the evidence, affirm, modify, or rescind the suspension of privileges.
History of Section. P.L. 2013, ch. 449, § 1; P.L. 2013, ch. 477, § 1.
Connectez Omnilex pour rechercher dans le corpus juridique depuis votre assistant IA.