reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-3 - Marine Fisheries Council › Section 20-3-1. - Council created — Membership — Compensation.

§ 20-3-1. Council created — Membership — Compensation.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-3 - Marine Fisheries Council › Section 20-3-2. - Powers and duties.

§ 20-3-2. Powers and duties.
(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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-3 - Marine Fisheries Council › Section 20-3-3. - [Repealed.]

§ 20-3-3. [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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-3 - Marine Fisheries Council › Section 20-3-4. - [Repealed.]

§ 20-3-4. [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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-3 - Marine Fisheries Council › Section 20-3-5. - Emergencies.

§ 20-3-5. Emergencies.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-3 - Marine Fisheries Council › Section 20-3-6. - [Repealed.]

§ 20-3-6. [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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-3 - Marine Fisheries Council › Section 20-3-7. - [Repealed.]

§ 20-3-7. [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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-3 - Marine Fisheries Council › Section 20-3-8. - Establishment of advisory committees.

§ 20-3-8. Establishment of advisory committees.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-3.1 - Marine Fisheries Management Modernization › Section 20-3.1-1. - Short title.

§ 20-3.1-1. Short title.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-3.1 - Marine Fisheries Management Modernization › Section 20-3.1-2. - Repealed.

§ 20-3.1-2. Repealed.
History of Section.
P.L. 2001, ch. 58, § 5; Repealed by P.L. 2002, ch. 47, § 6, effective January 1, 2004.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-3.1 - Marine Fisheries Management Modernization › Section 20-3.1-3. - Repealed.

§ 20-3.1-3. Repealed.
History of Section.
P.L. 2001, ch. 58, § 5; Repealed by P.L. 2002, ch. 47, § 6, effective January 1, 2004.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-3.1 - Marine Fisheries Management Modernization › Section 20-3.1-4. - Repealed.

§ 20-3.1-4. Repealed.
History of Section.
P.L. 2001, ch. 58, § 5; Repealed by P.L. 2002, ch. 47, § 6, effective January 1, 2004.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-3.1 - Marine Fisheries Management Modernization › Section 20-3.1-5. - Repealed.

§ 20-3.1-5. Repealed.
History of Section.
P.L. 2001, ch. 58, § 5; Repealed by P.L. 2002, ch. 47, § 6, effective January 1, 2004.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-3.1 - Marine Fisheries Management Modernization › Section 20-3.1-6. - Information systems and data collection.

§ 20-3.1-6. Information systems and data collection.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-3.1 - Marine Fisheries Management Modernization › Section 20-3.1-7. - Studies and analyses.

§ 20-3.1-7. Studies and analyses.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-3.1 - Marine Fisheries Management Modernization › Section 20-3.1-8. - Repealed.

§ 20-3.1-8. Repealed.
History of Section.
P.L. 2001, ch. 58, § 5; Repealed by P.L. 2002, ch. 47, § 6, effective January 1, 2004.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-3.1 - Marine Fisheries Management Modernization › Section 20-3.1-9. - Repealed.

§ 20-3.1-9. Repealed.
History of Section.
P.L. 2001, ch. 58, § 5; Repealed by P.L. 2002, ch. 47, § 6, effective January 1, 2004.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-3.2 - Rhode Island Freedom to Fish and Marine Conservation Act › Section 20-3.2-1. - Short title.

§ 20-3.2-1. Short title.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-3.2 - Rhode Island Freedom to Fish and Marine Conservation Act › Section 20-3.2-2. - Findings.

§ 20-3.2-2. Findings.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-3.2 - Rhode Island Freedom to Fish and Marine Conservation Act › Section 20-3.2-3. - Freedom to fish.

§ 20-3.2-3. Freedom to fish.
(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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-4 - Commercial Fisheries › Section 20-4-1. - Commercial fishing.

§ 20-4-1. Commercial fishing.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-4 - Commercial Fisheries › Section 20-4-1.1. - [Repealed.]

§ 20-4-1.1. [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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-4 - Commercial Fisheries › Section 20-4-1.2. - [Repealed.]

§ 20-4-1.2. [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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-4 - Commercial Fisheries › Section 20-4-1.3. - [Repealed.]

§ 20-4-1.3. [Repealed.]
History of Section.
P.L. 2002, ch. 47, § 8; repealed by P.L. 2021, ch. 162, art. 7, § 6, effective July 6, 2021.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-4 - Commercial Fisheries › Section 20-4-2. - Otter trawls, pair trawls, and beam trawls — Areas prohibited.

§ 20-4-2. Otter trawls, pair trawls, and beam trawls — Areas prohibited.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-4 - Commercial Fisheries › Section 20-4-3. - Otter trawls, pair trawls, and beam trawls — Areas allowed.

§ 20-4-3. Otter trawls, pair trawls, and beam trawls — Areas allowed.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-4 - Commercial Fisheries › Section 20-4-4. - Otter trawls, pair trawls, and beam trawls — Penalties.

§ 20-4-4. Otter trawls, pair trawls, and beam trawls — Penalties.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-4 - Commercial Fisheries › Section 20-4-5. - Report of commercial fisheries.

§ 20-4-5. Report of commercial fisheries.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-4 - Commercial Fisheries › Section 20-4-6. - Repealed.

§ 20-4-6. 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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-4 - Commercial Fisheries › Section 20-4-7. - Marking of traps.

§ 20-4-7. Marking of traps.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-4 - Commercial Fisheries › Section 20-4-8. - Unauthorized raising of traps, pots, and devices.

§ 20-4-8. Unauthorized raising of traps, pots, and devices.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-4 - Commercial Fisheries › Section 20-4-9. - Striped bass — Minimum size.

§ 20-4-9. Striped bass — Minimum size.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-4 - Commercial Fisheries › Section 20-4-10. - Possession or sale of undersize bass — Interstate commerce.

§ 20-4-10. Possession or sale of undersize bass — Interstate commerce.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-4 - Commercial Fisheries › Section 20-4-11. - Repealed.

§ 20-4-11. 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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-4 - Commercial Fisheries › Section 20-4-12. - Striped bass — Use of nets and seines prohibited — Traps.

§ 20-4-12. Striped bass — Use of nets and seines prohibited — Traps.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-4 - Commercial Fisheries › Section 20-4-13. - Commercial gill net fishery — License or permit required.

§ 20-4-13. Commercial gill net fishery — License or permit required.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-4.1 - Menhaden Management Area › Section 20-4.1-1. - Designation of menhaden management area.

§ 20-4.1-1. Designation of menhaden management area.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-4.1 - Menhaden Management Area › Section 20-4.1-2. - Areas where purse seining allowed.

§ 20-4.1-2. Areas where purse seining allowed.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-4.1 - Menhaden Management Area › Section 20-4.1-3. - Prohibition on the taking of menhaden.

§ 20-4.1-3. Prohibition on the taking of menhaden.
(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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-5 - Fish Traps › Section 20-5-1. - Fish traps — Permit required.

§ 20-5-1. Fish traps — Permit required.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-5 - Fish Traps › Section 20-5-2. - Persons to whom permits issuable.

§ 20-5-2. Persons to whom permits issuable.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-5 - Fish Traps › Section 20-5-3. - Application for permit.

§ 20-5-3. Application for permit.
(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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-5 - Fish Traps › Section 20-5-4. - Distance between traps — Length of trap leader.

§ 20-5-4. Distance between traps — Length of trap leader.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-5 - Fish Traps › Section 20-5-5. - Restricted locations off Rhode Island and Sakonnet River.

§ 20-5-5. Restricted locations off Rhode Island and Sakonnet River.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-5 - Fish Traps › Section 20-5-6. - Continuity of traps.

§ 20-5-6. Continuity of traps.
(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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-5 - Fish Traps › Section 20-5-7. - Hook-backs in leaders.

§ 20-5-7. Hook-backs in leaders.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-5 - Fish Traps › Section 20-5-8. - Preference of prior occupants in permitting.

§ 20-5-8. Preference of prior occupants in permitting.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-5 - Fish Traps › Section 20-5-9. - Expiration and renewal of permits.

§ 20-5-9. Expiration and renewal of permits.
(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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-5 - Fish Traps › Section 20-5-10. - Exclusive right of permittee — Assignment of permit.

§ 20-5-10. Exclusive right of permittee — Assignment of permit.
(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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-5 - Fish Traps › Section 20-5-11. - Inspection of traps.

§ 20-5-11. Inspection of traps.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-5 - Fish Traps › Section 20-5-12. - Suspension or revocation of permit.

§ 20-5-12. Suspension or revocation of permit.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-5 - Fish Traps › Section 20-5-13. - Report as to traps placed — Failure to occupy location — Removal of permit from state.

§ 20-5-13. Report as to traps placed — Failure to occupy location — Removal of permit from state.
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.
2023 Rhode Island General Laws › Title 20 - Fish and Wildlife › Chapter 20-5 - Fish Traps › Section 20-5-14. - Removal of trap on cessation of use — Closed season — Damaged or dilapidated traps.

§ 20-5-14. Removal of trap on cessation of use — Closed season — Damaged or dilapidated traps.
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.