reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-7 - Lobsters and Other Crustaceans › Section 20-7-13. - Raising pots at night.

§ 20-7-13. Raising pots at night.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-7 - Lobsters and Other Crustaceans › Section 20-7-14. - Mutilation of uncooked lobsters.

§ 20-7-14. Mutilation of uncooked lobsters.
(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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-7 - Lobsters and Other Crustaceans › Section 20-7-15. - Methods of taking blue crabs — Nonresidents.

§ 20-7-15. Methods of taking blue crabs — Nonresidents.
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 land line. Taking of blue crabs shall be restricted to residents of this state. No person shall take blue crabs from the waters of the state between the hours of sunset and sunrise.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-7 - Lobsters and Other Crustaceans › Section 20-7-16. - Egg-bearing blue crabs — Minimum size.

§ 20-7-16. Egg-bearing blue crabs — Minimum size.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-7 - Lobsters and Other Crustaceans › Section 20-7-17. - Violations as to blue crabs.

§ 20-7-17. Violations as to blue crabs.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-8 - Atlantic States Marine Fisheries Compact › Section 20-8-2. - Amendment of compact.

§ 20-8-2. Amendment of compact.
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.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-8 - Atlantic States Marine Fisheries Compact › Section 20-8-3. - Rhode Island representatives on interstate commission — Ex officio members.

§ 20-8-3. Rhode Island representatives on interstate commission — Ex officio members.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-8 - Atlantic States Marine Fisheries Compact › Section 20-8-4. - Appointive commissioner.

§ 20-8-4. Appointive commissioner.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-8 - Atlantic States Marine Fisheries Compact › Section 20-8-5. - Delegation of powers by director of environmental management.

§ 20-8-5. Delegation of powers by director of environmental management.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-8 - Atlantic States Marine Fisheries Compact › Section 20-8-6. - Removal of commissioner.

§ 20-8-6. Removal of commissioner.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-8 - Atlantic States Marine Fisheries Compact › Section 20-8-7. - Powers of commission — Co-operation and information furnished by state agencies.

§ 20-8-7. Powers of commission — Co-operation and information furnished by state agencies.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-8 - Atlantic States Marine Fisheries Compact › Section 20-8-8. - Powers granted supplemental.

§ 20-8-8. Powers granted supplemental.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-8 - Atlantic States Marine Fisheries Compact › Section 20-8-9. - Accounts and reports — Legislative recommendations.

§ 20-8-9. Accounts and reports — Legislative recommendations.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-8 - Atlantic States Marine Fisheries Compact › Section 20-8-10. - Audit of commission’s books.

§ 20-8-10. Audit of commission’s books.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-8 - Atlantic States Marine Fisheries Compact › Section 20-8-11. - Annual appropriations.

§ 20-8-11. Annual appropriations.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-8 - Atlantic States Marine Fisheries Compact › Section 20-8-12. - Severability.

§ 20-8-12. Severability.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-8.1 - Shellfish Grounds › Section 20-8.1-1. - Definitions.

§ 20-8.1-1. Definitions.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-8.1 - Shellfish Grounds › Section 20-8.1-2. - Regulations.

§ 20-8.1-2. Regulations.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-8.1 - Shellfish Grounds › Section 20-8.1-2.1. - Possession and handling of shellfish — Regulations.

§ 20-8.1-2.1. Possession and handling of shellfish — Regulations.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-8.1 - Shellfish Grounds › Section 20-8.1-3. - Investigation of shellfish grounds — Notice of polluted areas.

§ 20-8.1-3. Investigation of shellfish grounds — Notice of polluted areas.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-8.1 - Shellfish Grounds › Section 20-8.1-4. - Factors considered in determining polluted areas.

§ 20-8.1-4. Factors considered in determining polluted areas.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-8.1 - Shellfish Grounds › Section 20-8.1-5. - Taking or selling shellfish from polluted areas.

§ 20-8.1-5. Taking or selling shellfish from polluted areas.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-8.1 - Shellfish Grounds › Section 20-8.1-6. - Use of dredges, tongs, and rakes in polluted areas.

§ 20-8.1-6. Use of dredges, tongs, and rakes in polluted areas.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-8.1 - Shellfish Grounds › Section 20-8.1-7. - Taking, sale of, or possession of non-complying shellfish prohibited — Confiscation — Search warrants.

§ 20-8.1-7. Taking, sale of, or possession of non-complying shellfish prohibited — Confiscation — Search warrants.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-8.1 - Shellfish Grounds › Section 20-8.1-8. - Enforcement — Prosecution of violations.

§ 20-8.1-8. Enforcement — Prosecution of violations.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-8.1 - Shellfish Grounds › Section 20-8.1-9. - Inspection of boats, vessels, and vehicles.

§ 20-8.1-9. Inspection of boats, vessels, and vehicles.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-8.1 - Shellfish Grounds › Section 20-8.1-10. - Powers of enforcement.

§ 20-8.1-10. Powers of enforcement.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-8.1 - Shellfish Grounds › Section 20-8.1-11. - Penalties for violations.

§ 20-8.1-11. Penalties for violations.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-8.1 - Shellfish Grounds › Section 20-8.1-12. - Repealed.

§ 20-8.1-12. Repealed.
History of Section.
P.L. 1980, ch. 263, § 1; Repealed by P.L. 1981, ch. 197, § 4, effective January 1, 1982.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-9 - Cooperation in Federal Projects › Section 20-9-1. - Assent to wildlife restoration projects.

§ 20-9-1. Assent to wildlife restoration projects.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-9 - Cooperation in Federal Projects › Section 20-9-2. - Disbursements for restoration projects.

§ 20-9-2. Disbursements for restoration projects.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-9 - Cooperation in Federal Projects › Section 20-9-3. - Assent to fish restoration and management projects.

§ 20-9-3. Assent to fish restoration and management projects.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-9 - Cooperation in Federal Projects › Section 20-9-4. - Appropriations for fish restoration projects.

§ 20-9-4. Appropriations for fish restoration projects.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-9 - Cooperation in Federal Projects › Section 20-9-5. - Power of department preserved.

§ 20-9-5. Power of department preserved.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-10 - Aquaculture › Section 20-10-1. - Declaration of intent and public policy.

§ 20-10-1. Declaration of intent and public policy.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-10 - Aquaculture › Section 20-10-1.1. - Creation of the biosecurity board.

§ 20-10-1.1. Creation of the biosecurity board.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-10 - Aquaculture › Section 20-10-1.2. - Biosecurity board — Powers and duties.

§ 20-10-1.2. Biosecurity board — Powers and duties.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-10 - Aquaculture › Section 20-10-2. - Definitions.

§ 20-10-2. Definitions.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-10 - Aquaculture › Section 20-10-3. - Authority to grant permits for aquaculture.

§ 20-10-3. Authority to grant permits for aquaculture.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-10 - Aquaculture › Section 20-10-3.1. - Sales and use tax exemption.

§ 20-10-3.1. Sales and use tax exemption.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-10 - Aquaculture › Section 20-10-4. - Application for a permit to conduct aquaculture.

§ 20-10-4. Application for a permit to conduct aquaculture.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-10 - Aquaculture › Section 20-10-5. - Procedures for approval.

§ 20-10-5. Procedures for approval.
(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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-10 - Aquaculture › Section 20-10-6. - Leases.

§ 20-10-6. Leases.
(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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-10 - Aquaculture › Section 20-10-7. - Fees.

§ 20-10-7. Fees.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-10 - Aquaculture › Section 20-10-8. - Performance requirements — Bond.

§ 20-10-8. Performance requirements — Bond.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-10 - Aquaculture › Section 20-10-9. - Marking of areas subject to permit — Restrictions on public use.

§ 20-10-9. Marking of areas subject to permit — Restrictions on public use.
(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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-10 - Aquaculture › Section 20-10-10. - Assignability of permits.

§ 20-10-10. Assignability of permits.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-10 - Aquaculture › Section 20-10-11. - Regulations.

§ 20-10-11. Regulations.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-10 - Aquaculture › Section 20-10-12. - Permits and licenses for the taking, possession, sale, importation, and transportation of species used in aquaculture.

§ 20-10-12. Permits and licenses for the taking, possession, sale, importation, and transportation of species used in aquaculture.
(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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-10 - Aquaculture › Section 20-10-13. - Cultivated plants or animals as property of the permittee.

§ 20-10-13. Cultivated plants or animals as property of the permittee.
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.