reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 4 - Shellfish › Section 250-RICR-90-00-4.5 - General Provisions

Current through June 14, 2024
A. Recreational
				  harvest: Shellfish harvested recreationally shall not be sold or offered for
				  sale.
B. No person shall take
				  shellfish from waters declared polluted by the Director pursuant to R.I. Gen.
				  Laws §
										20-8.1-3 unless authorized by the
				  Director. This sub-section shall not apply to the harvest of Whelk or Bay
				  scallop pursuant to this Part. For the water quality status of shellfish
				  grounds subject to conditional closures or emergencies call
				  401-222-2900.
C. Night shellfishing
				  prohibited: The harvesting of shellfish is prohibited during the hours between
				  sundown and sunrise.
D. Opening
				  shellfish on water: No person shall possess the meats of six (6) or more
				  shellfish while shellfishing on the waters of the State, or throw the shells of
				  open bay scallops onto bay scallop beds.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 4 - Shellfish › Section 250-RICR-90-00-4.6 - Equipment Provisions and Harvest Methods

Current through June 14, 2024
A. SCUBA
				  prohibition: The taking of shellfish by the use of a Self-Contained Underwater
				  Breathing Apparatus (SCUBA) from Green Hill Pond, Quonochontaug Pond, Ninigret
				  Pond, and Potter Pond is prohibited.
B. The use of a diving apparatus is
				  prohibited while recreational shoredigging.
C. Use of devices capable of harvesting
				  shellfish while in polluted areas: No person shall work, cast, haul, or have
				  overboard a dredge, pair of tongs, rake or rakes, air-assisted equipment,
				  water-assisted equipment, or any other implement capable of harvesting
				  shellfish, except for the taking of whelk in pots and the use of an implement
				  commonly employed for the taking of bay scallops (within established bay
				  scallop harvest seasons), in waters declared polluted by the
				  Director.
D. Power hauling of tongs
				  and bullrakes: Power hauling of tongs and bullrakes for any purpose other than
				  the removal and retrieval of bullrakes and tongs from the benthic sediments is
				  prohibited.
E. Dimensions for
				  bullrakes and tongs when using power hauling equipment: No person shall use any
				  power hauling equipment in the operation of bullrakes and tongs with dimensions
				  exceeding the following:
1. Maximum width
				  measured along a line parallel to the tooth bar: Thirty-one and one half inches
				  (31 1/2").
2. Maximum tooth length:
				  Four and one half inches (4 1/2").
3. Maximum basket depth: Twelve inches (12"),
				  measured along a line perpendicular to the tooth bar and extending from the
				  tooth bar to any point on the basket.
4. Possession of bullrakes and tongs in
				  excess of these size restrictions shall be prohibited aboard vessels equipped
				  with any power hauling equipment.
5. Except as required for safety or to avoid
				  property loss, no vessel involved in the harvest of bay quahogs or oysters by
				  use of bullrakes or tongs may be moved or propelled by any source of mechanical
				  power at any time when any bullrakes or tongs operated from such vessel are
				  submerged in the waters of the state.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 4 - Shellfish › Section 250-RICR-90-00-4.7 - Bay Quahog

Current through June 14, 2024
4.7.1
Minimum
				  size
A. One inch (1") shell thickness
				  (hinge width).
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 4 - Shellfish › Section 250-RICR-90-00-4.8 - Whelk

Current through June 14, 2024
4.8.1
Minimum size
A. Two and one quarter inches (2 1/4") shell
				  height. Shell height shall be the distance along a straight perpendicular line
				  from a point on the opercular side of the shell to the farthest point of the
				  top of the shell. This distance is measured with the whelk retracted, and shell
				  placed with the operculum stably positioned against a flat surface. To properly
				  measure shell height using a gauge: Minimum legal shell height shall be the two
				  and one quarter inches (2 1/4") distance between opposing parallel surfaces,
				  measured with the whelk retracted and shell placed with the operculum stably
				  positioned against one (1) of the parallel surfaces. The whelk is legal-sized
				  if it does not fit between the opposing parallel surfaces.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 4 - Shellfish › Section 250-RICR-90-00-4.9 - Soft-shell Clam

Current through June 14, 2024
4.9.1
Minimum
				  size
A. Two inches (2") measured as the
				  shell diameter or parallel to the long axis of the clam.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 4 - Shellfish › Section 250-RICR-90-00-4.10 - Oyster

Current through June 14, 2024
4.10.1
Minimum size
A. Three inches (3") measured parallel to the
				  long axis of the oyster.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 4 - Shellfish › Section 250-RICR-90-00-4.11 - Bay Scallop

Current through June 14, 2024
4.11.1
Minimum size
A. The taking or
				  possession of a seed Bay scallop is prohibited. Seed bay scallops shall be
				  immediately returned to their natural beds in the water from which
				  taken.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 4 - Shellfish › Section 250-RICR-90-00-4.13 - Surf Clams

Current through June 14, 2024
4.13.1
Minimum size
A. Five inches (5")
				  measured parallel to the long axis of the clam.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 4 - Shellfish › Section 250-RICR-90-00-4.15 - Sea Scallop

Current through June 14, 2024
4.15.1
Minimum size
A. Three and
				  one-half inches (3 1/2"), measuring in a straight line from the hinge to the
				  part of the shell furthest from the hinge, whether caught within the
				  jurisdiction of this State or otherwise.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 4 - Shellfish › Section 250-RICR-90-00-4.16 - Wet Storage of Shellfish

Current through June 14, 2024
A. No person shall
				  engage in wet storage of molluscan shellfish without first obtaining a dealer's
				  license from DOH and DEM.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 4 - Shellfish › Section 250-RICR-90-00-4.17 - Commercial Handling of Shellfish

Current through June 14, 2024
A. Commercial
				  shellfishermen shall conduct all activities and operations involving or
				  relating to the possession and handling of shell stock so as to prevent
				  contamination, deterioration and decomposition of such shell stock.
B. Containers used for storing shell stock
				  must be clean.
C. Boat decks and
				  storage bins used in the harvest or transport of shell stock shall be kept
				  clean with potable water or water from the growing area in approved
				  classification or the open status of conditional areas.
D. Commercial shellfishermen using a vessel
				  to harvest and transport shell stock shall assure that said vessel is properly
				  constructed, operated and maintained to prevent contamination, deterioration
				  and decomposition of shell stock.
E. Commercial shellfishermen using a vessel
				  to harvest and transport shell stock shall prevent bilge water from coming into
				  contact with shell stock.
F.
				  Commercial shellfishermen using a boat to harvest and transport shell stock
				  shall provide such vessel with effective drainage to avoid contact between
				  bilge water and shell stock.
G.
				  Commercial shellfishermen using a vessel to harvest and transport shell stock
				  shall locate bilge pumps so that discharge shall not contaminate shell
				  stock.
H. Shell stock shall be
				  washed reasonably free of bottom sediments as soon after harvesting as
				  possible. The harvester shall be primarily responsible for washing shell stock.
				  If shell stock washing is not feasible at the time of harvest, the dealer shall
				  assume this responsibility. Water used for washing shall be from a potable
				  water source, or growing area in the approved classification or open status of
				  the conditionally approved classification.
I. The discharge of human sewage from a
				  vessel used in the harvesting of shell stock, or from vessels that buy shell
				  stock, within waters of the State is prohibited.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 4 - Shellfish › Section 250-RICR-90-00-4.18 - Commercial Tagging of Shellfish

Current through June 14, 2024
A. Commercial
				  shellfishermen must place any and all shellfish taken by them (except those
				  shellfish returned to the waters of the harvest area) into containers, and must
				  tag each and every container with a "harvester tag" conforming to the
				  requirements of this sub-section, prior to shellfish being placed in the
				  container.
B. The harvester tag
				  shall be durable, waterproof, and sanctioned by the Rhode Island Department of
				  Health. The tag shall contain the following indelible, legible information in
				  the order specified as follows: The harvester's identification number as
				  assigned by DEM; the date of harvest; the harvest commencement time; the
				  harvest location as identified on the Rhode Island Shellfish Harvest Area
				  Tagging Map; the shellfish management area; the type (species) of shellfish;
				  and the approximate quantity of shellfish. The harvest commencement time will
				  indicate the time that the first shellfish that the harvester is currently in
				  possession of was removed from the water and should be the same for all
				  shellfish that the harvester is in possession of regardless of tagging
				  area.
C. Each tag shall also carry
				  the following statement in bold capitalized type: "This tag is required to be
				  attached until container is empty or it retagged and thereafter kept on file
				  for 90 days." Commercial shellfishermen shall not place shell stock harvested
				  from more than one (1) growing area into the same container. When the harvester
				  is also a dealer, the harvester has the option to tag the shell stock with a
				  harvester tag or a dealer's tag meeting the requirements of the RIDOH
				  Regulations.
D. Bulk tagging of
				  shell stock will be permitted only with prior approval of the Director under
				  the following criteria:
1. When shell stock
				  are harvested from one (1) harvest area on a single day, multiple containers
				  may be utilized on a wrapped pallet, in a tote, in a net brailer, or other
				  container and the unit tagged with a single tag; and,
2. A statement that all shell stock
				  containers in this lot have the same harvest data and area of harvest; and
				  number of containers in the unit.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 4 - Shellfish › Section 250-RICR-90-00-4.19 - Commercial Temperature Control of Shellfish

Current through June 14, 2024
A. Commercial
				  shellfishermen shall not allow shell stock to deteriorate or decompose from
				  exposure to excessive temperature and shall deliver shell stock to a licensed
				  dealer before such deterioration or decomposition occurs.
B. Harvest of shellfish from sunrise November
				  1 through sunset March 31 annually: The maximum allowable time between the
				  commencement of harvest of shell stock and delivery to a dealer shall be twenty
				  (20) hours. Possession of shell stock in excess of twenty (20) hours is
				  prohibited.
C. Harvest of shellfish
				  from sunrise April 1 through sunset October 31 annually: The maximum allowable
				  time between the commencement of harvest of shell stock and delivery to a
				  dealer shall be ten (10) hours. Possession of shell stock in excess of ten (10)
				  hours is prohibited.
1. The harvester shall
				  provide shading to all shellfish intended for harvest aboard vessels and during
				  land-based deliveries.
2. Harvest
				  of bay quahogs or oysters from within Designated Temperature Control Areas that
				  exceed five hours to complete shall be placed in mechanical refrigeration or
				  adequately iced in a storage container within five (5) hours of the
				  commencement of harvest until the shellfish are transferred to a licensed
				  dealer within ten (10) hours.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 5 - Lobsters, Crabs and Other Crustaceans › Section 250-RICR-90-00-5.1 - Purpose

Current through June 14, 2024
A. The purpose of these Rules and Regulations
				  is to supplement and simplify and/or clarify existing regulations in order to
				  more efficiently manage the marine resources of Rhode Island.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 5 - Lobsters, Crabs and Other Crustaceans › Section 250-RICR-90-00-5.2 - Authority

Current through June 14, 2024
A. These Regulations are adopted pursuant to
				  R.I. Gen. Laws Title 20, R.I. Gen. Laws Chapters 42-17.1, 42-17.6, and 42-17.7,
				  and in accordance with R.I. Gen. Laws §
										42-35-18(b)(5),
				  Administrative Procedures Act.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 5 - Lobsters, Crabs and Other Crustaceans › Section 250-RICR-90-00-5.3 - Definitions

Current through June 14, 2024
A. See Rhode Island Marine Fisheries
				  Regulations, Part 1 of this Subchapter.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 5 - Lobsters, Crabs and Other Crustaceans › Section 250-RICR-90-00-5.4 - General Lobster and Crab Pot Provisions

Current through June 14, 2024
A. No person
				  except the Director shall place, set, keep, maintain, sell, transfer, or have
				  in his/her possession any pot, trap, car, or any other device used in taking or
				  holding lobster or crabs, nor take, remove, or carry away from the beach or
				  shore any pot, trap, car, or other device or line (warp) or buoy without the
				  written permission of the owner (R.I. Gen. Laws §
										20-7-12.1).
B. Raising lobster 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 (1) hour after sundown and one
				  (1) hour before sunrise (R.I. Gen. Laws §
										20-7-13).
C. Removal of branded numbers from lobster
				  pots: No person shall set, maintain, or have in his/her possession any lobster
				  pots from which the branded numbers have been altered, obliterated, or removed,
				  with the intent to defraud or deprive the owner (R.I. Gen. Laws §
										20-7-12).
D. Buoys: Each pot used for the taking of
				  lobsters or crabs shall bear a color scheme on the attached buoy consistent
				  with the color stated on the license. In cases where natural conditions render
				  it impractical to separately buoy each pot, the Director may grant permission
				  to buoy such pots in an alternative manner (R.I. Gen. Laws §
										20-7-11).
1. Color scheme: The buoy color scheme shall
				  be displayed on any lobster boat used by the licensee such that those colors
				  shall be painted on port and starboard sides of the hull in a section not less
				  than one foot (1') square. Or a clearly painted buoy shall be set at the
				  highest point on the boat excluding the mast and be visible for three hundred
				  sixty degrees (360°). The buoy or colors must be prominently displayed on
				  the vessel at all times that lobster gear fished under that license is in the
				  water (R.I. Gen. Laws §
											20-7-11.1(a)).
2. No person shall place, set, lift, raise,
				  unduly disturb, draw in, or transfer any pot used for the taking of lobsters
				  unless the color scheme of the attached buoy is the same as the color scheme
				  that is on file with the license application and displayed on the boat used by
				  that person, or unless that person is duly licensed and possesses written
				  permission from the rightful owner of the pot, trap, or other device (R.I. Gen.
				  Laws §
											20-7-11.1(b)).
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 5 - Lobsters, Crabs and Other Crustaceans › Section 250-RICR-90-00-5.6 - Blue Crab

Current through June 14, 2024
A. Harvest by Rhode
				  Island residents only: The harvest of blue crabs by non-residents is prohibited
				  (R.I. Gen. Laws §
										20-7-15).
B. Minimum size: Five inches (5") as measured
				  across the shell from tip to tip of spike C. Season: Open all year D.
				  Possession limit: Twenty-five (25) crabs
C. Season: Open all year
D. Possession limit: Twenty-five (25) crabs
1. The possession limit is unlimited if
				  harvested by a scoop or crab net, trot, or hand line.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 5 - Lobsters, Crabs and Other Crustaceans › Section 250-RICR-90-00-5.8 - Jonah Crab

Current through June 14, 2024
A. Recreational
1. Season: Open all year
2. Possession limit: Fifty (50) whole Jonah
				  Crabs per person per day
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 5 - Lobsters, Crabs and Other Crustaceans › Section 250-RICR-90-00-5.9 - Atlantic Rock Crab

Current through June 14, 2024
A. Control date:
				  The control date for the Atlantic Rock Crab fishery is June 1, 2016. This
				  control date has been established by the Department for potential future use in
				  establishing eligibility criteria for future access to the fishery.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 6 - General Equipment Provisions › Section 250-RICR-90-00-6.1 - Purpose

Current through June 14, 2024
The purpose of these Rules and Regulations is to supplement
					 and simplify and/or clarify existing Regulations in order to more efficiently
					 manage the marine resources of Rhode Island.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 6 - General Equipment Provisions › Section 250-RICR-90-00-6.2 - Authority

Current through June 14, 2024
These Regulations are adopted pursuant to R.I. Gen. Laws
					 Title 20, R.I. Gen. Laws Chapters 42-17.1, 42-17.6, and 42-17.7, and in
					 accordance with R.I. Gen. Laws §
										42-35-18(b)(5),
					 Administrative Procedures Act.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 6 - General Equipment Provisions › Section 250-RICR-90-00-6.3 - Application

Current through June 14, 2024
The terms and provisions of these Rules and Regulations
					 shall be liberally construed to permit the Department to effectuate the
					 purposes of State law, goals, and policies.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 6 - General Equipment Provisions › Section 250-RICR-90-00-6.4 - Definitions

Current through June 14, 2024
See Definitions and General Provisions, Part 1 of this
					 Subchapter.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 6 - General Equipment Provisions › Section 250-RICR-90-00-6.5 - Severability

Current through June 14, 2024
If any provision of these Rules and Regulations, or the
					 application thereof to any person or circumstances, is held invalid by a court
					 of competent jurisdiction, the validity of the remainder of the Rules and
					 Regulations shall not be affected thereby.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 6 - General Equipment Provisions › Section 250-RICR-90-00-6.6 - Superseded Rules and Regulations

Current through June 14, 2024
On the effective date of these Rules and Regulations, all
					 previous Rules and Regulations, and any policies regarding the administration
					 and enforcement of these Regulations shall be superseded. However, any
					 enforcement action taken by, or application submitted to, the Department prior
					 to the effective date of these Rules and Regulations shall be governed by the
					 Rules and Regulations in effect at the time the enforcement action was taken,
					 or application filed.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 6 - General Equipment Provisions › Section 250-RICR-90-00-6.7 - General

Current through June 14, 2024
A. Recreational use of nets
1. Nets shall not exceed four feet (4') in
				  depth and twenty feet (20') in length.
2. Possession limit for any marine finfish
				  species that is not regulated by size, possession, and/or season in Part 3 of
				  this Subchapter, Finfish: Two (2) quarts per person per day.
3. Nets must be constantly tended.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 6 - General Equipment Provisions › Section 250-RICR-90-00-6.8 - Areas (Waters) Prohibited for All Commercial Netting

Current through June 14, 2024
A. All netting, except licensed fish traps
				  are prohibited in the Harbor of Refuge and within one hundred (100) yards of
				  the Harbor of Refuge breakwater;
B.
				  In all coastal salt pond channels;
C. In Point Judith Pond in the towns of South
				  Kingstown and Narragansett in the following locations:
1. South of a line extending from Strawberry
				  Hill Point to High Point; and west of the Great Island Bridge;
2. East of a line extending from Betty Hull
				  Point to Short Point; and west of a line extending from Blue Rock Point to Old
				  Cellar Point;
3. North of a line
				  extending from Ram Point to Squally Point;
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 6 - General Equipment Provisions › Section 250-RICR-90-00-6.9 - Trawling Devices

Current through June 14, 2024
A. Net obstruction
				  or constriction: Any fishing vessel subject to minimum mesh size restrictions
				  using a trawl net shall not use any device or material, including, but not
				  limited to, nets, net strengtheners, ropes, lines, or chafing gear, on the top
				  of a trawl net, except that one (1) splitting strap and one (1) bull rope (if
				  present), consisting of line and rope no more than three inches (3") in
				  diameter, may be used if such splitting strap and/or bull rope does not
				  constrict, in any manner, the top of the trawl net. "The top of the trawl net"
				  means the fifty percent (50%) of the net that (in a hypothetical situation)
				  would not be in contact with the ocean bottom during a tow if the net were laid
				  flat on the ocean floor. For the purpose of this paragraph, head ropes are not
				  considered part of the top of the trawl net.
B. The use of rollers, rockhoppers or discs
				  greater than twelve inches (12") in diameter is prohibited in the marine waters
				  of Rhode Island.
C. Prohibited
				  areas: In addition to those waters where all netting is prohibited, a trawling
				  device is prohibited in the following areas:
1. In the Upper Narragansett Bay Marine Life
				  Management Area as follows:
a. From November 2
				  through June 30;
b. On any
				  Saturday, Sunday, or legal State holiday from July 1 through November
				  1;
c. The Upper Narragansett Bay
				  Trawling Area is designated a Marine Life Management Area pursuant to R.I. Gen.
				  Laws §
												20-3-4, and is described as the
				  waters north of a line extending from Spink Neck in the town of North Kingstown
				  to Pine Hill Point on Prudence Island, and from Homestead Dock on the easterly
				  shore of Prudence Island to the Hog Island Shoal Light in the town of Bristol;
				  and south of a line extending from Sandy Point to the southern tip of Warwick
				  Point in the city of Warwick; and from the dock at Rocky Point in the city of
				  Warwick to the southern tip of Poppasquash Point to Hog Island Shoal Light in
				  the town of Bristol.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 6 - General Equipment Provisions › Section 250-RICR-90-00-6.10 - Gill netting

Current through June 14, 2024
A. Gill netting for
				  bait
1. Bait gill nets must be clearly labeled
				  with the name of the person setting or tending the net and be constantly
				  tended.
2. A bait gill net shall
				  not exceed one hundred feet (100') nor exceed a mesh size greater than three
				  and three quarter inches (3-3 /4") stretched.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 6 - General Equipment Provisions › Section 250-RICR-90-00-6.11 - Fyke Nets

Current through June 14, 2024
A. No person shall
				  set, haul, and/or maintain a commercial fyke net in the waters of the State
				  unless permitted by the Director.
B. Persons applying for such permit shall
				  provide the dates of use, location, and net measurements.
C. Any fyke net placed in the marine waters
				  of the State shall meet the following dimensions:
1. Maximum length of fyke net leader: One
				  hundred feet (100')
2. Maximum mesh
				  size: Stretched mesh shall not be greater than two and one half inches
				  (2-1/2").
3. Leader: Must not
				  extend more than four feet (4') off the bottom
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 6 - General Equipment Provisions › Section 250-RICR-90-00-6.12 - Seine Nets

Current through June 14, 2024
Prohibited areas: In addition to those waters where all
					 netting is prohibited, seine nets are prohibited within one half (1/2) mile in
					 both directions of the seaward entrance of a coastal salt pond channel for a
					 distance of three hundred (300) yards seaward, when the coastal salt pond is
					 open to the sea.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 6 - General Equipment Provisions › Section 250-RICR-90-00-6.13 - Fish Traps

Current through June 14, 2024
A. Applicability:
				  No person shall set a floating fish trap (fish trap) in the marine waters of
				  the State without first obtaining a permit from the Director pursuant to these
				  Regulations. (R.I. Gen. Laws §
										20-5-1)
B. Eligibility: A permit is available to any
				  resident licensed in accordance with R.I. Gen. Laws Chapter 20-2.1 upon payment
				  of a permit fee of twenty dollars ($20.00) per trap location. (R.I. Gen. Laws
				  §
										20-5-2)
C. Issuance of available permits:
1. General
a. A permit shall be made available upon
				  expiration, revocation, or withdrawal of a currently held permit. In such
				  instances, a new permit opportunity will be made available to the public by
				  February 1.
b. Application Period:
				  Applications for a new permit will be accepted from February 1 through March
				  1.
c. In cases where a limited
				  number of new sites are available, the Department shall provide priority to
				  applicants as described herein.
d.
				  If application for an eligible site is not received during the application
				  period, a permit shall not be issued and the site will be made available during
				  the next application period.
e. A
				  permit may be issued on an individual site basis or by group of
				  sites.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 7 - Dealers › Section 250-RICR-90-00-7.2 - Authority

Current through June 14, 2024
A. These Rules and Regulations are
				  promulgated pursuant to R.I. Gen. Laws Title 20, R.I. Gen. Laws Chapters
				  42-17.1, 42-17.6, and 42-17.7, and in accordance with R.I. Gen. Laws §
										42-35-18(b)(5),
				  Administrative Procedures Act, as amended.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 7 - Dealers › Section 250-RICR-90-00-7.4 - Applicability

Current through June 14, 2024
A. No person shall sell, purchase, barter or
				  trade in any marine fisheries species unless having first obtained a dealer's
				  license from the Director.
B. Any
				  person engaged solely in the business of selling seafood to consumers, either
				  directly or through restaurants or other retail outlets, and/or engaged solely
				  in the processing or preparation of seafood, for sale directly to consumers, is
				  not required to be licensed under these Regulations, provided that such person
				  purchases or otherwise acquires said seafood from a dealer.
C. A licensed dealer may transport any marine
				  species otherwise subject to the requirement that a person transporting such
				  marine species carry a Rhode Island commercial fishing license, provided that
				  the dealer can demonstrate by a bill of lading that the fish in question had
				  been sold by a duly licensed person.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 7 - Dealers › Section 250-RICR-90-00-7.5 - General Provisions

Current through June 14, 2024
A. Application for
				  a Dealer's License shall be made on forms as prescribed by the Director and
				  contain such information as the Department may require. Applications not
				  completed in their entirety shall not be considered.
B. A license must be signed and sworn to by
				  the party to whom it is issued in order to be valid.
C. All fees must have been paid for the
				  license to be valid.
D. Licenses
				  are valid only for the signed license holder and may not be
				  transferred.
E. A lost or
				  accidentally destroyed license may be replaced for a reprint fee of ten dollars
				  ($10.00), provided that the applicant submits an affidavit to the Department
				  explaining the circumstances of the loss.
F. Notice of change of address. Whenever a
				  license holder moves from the address named in his or her last application,
				  that person shall, within ten (10) days subsequent to moving, notify the Office
				  of Boat Registration and Licensing of his or her former and current
				  address.
G. The license is valid
				  only for the calendar year in which it is issued. Submittal of an application
				  for a new license does extend the validity of any expired license.
H. License renewal: No application for a
				  license renewal will be accepted from a licensee who has failed to submit
				  reports pursuant to this Part.
I.
				  License holders must meet all applicable and current Federal and State laws and
				  Regulations governing harvest and possession relating to the species being
				  sold.
J. License holders must meet
				  all applicable and current Federal, State, and local laws and Regulations
				  governing retail sales operations, including but not necessarily limited to
				  those governing taxation, signage, noise, and hours of operation.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 7 - Dealers › Section 250-RICR-90-00-7.6 - Finfish Dealer License

Current through June 14, 2024
A. Applicability:
				  Authorizes the sale, purchase, barter or trade of all wild finfish species that
				  may legally be landed in Rhode Island, but only in the amounts specified by
				  Rule. Licensed finfish dealers may also buy and sell cultured finfish species
				  in accordance with applicable Rules and Regulations.
B. Eligibility: Applicants must demonstrate
				  that they or their registered agent maintain a fixed place of business in the
				  State of Rhode Island at which transaction records will be maintained and made
				  available for inspection during normal business hours.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 7 - Dealers › Section 250-RICR-90-00-7.7 - Shellfish Dealer License

Current through June 14, 2024
A. Applicability:
				  Authorizes the sale, purchase, barter, or trade in wild or cultured shellfish
				  that have been:
1. Harvested from or cultured
				  in Rhode Island waters from licensed shellfishermen, licensed aquaculturists,
				  or other shellfish dealers; or,
2.
				  Harvested from waters outside of Rhode Island from a dealer whose shellfish
				  business appears on the U.S. Food and Drug Administration Interstate Certified
				  Shellfish Shippers List (ICSSL), and tagged in accordance with the National
				  Shellfish Sanitation Program (NSSP) Model Ordinance and Rhode Island Department
				  of Health Regulations, Processing and Distribution of Shellfish (
				  216-RICR-50-10-6 ).
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 7 - Dealers › Section 250-RICR-90-00-7.8 - Crustacean Dealer License

Current through June 14, 2024
A. Applicability:
				  Authorizes the sale, purchase, barter or trade of all wild crustacean species,
				  including lobster, that may legally be landed in Rhode Island, but only in the
				  amounts specified by Rule. Licensed lobster dealers may also sell cultured
				  crustacean species in accordance with applicable Rules and
				  Regulations.
B. Eligibility:
				  Applicants must demonstrate that they or their registered agent maintain a
				  fixed place of business in the State of Rhode Island at which transaction
				  records will be maintained and made available for inspection during normal
				  business hours.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 7 - Dealers › Section 250-RICR-90-00-7.9 - Multipurpose Dealer License

Current through June 14, 2024
A. Applicability:
				  Authorizes the sale, purchase, barter or trade of all wild marine fisheries
				  species that may legally be landed in Rhode Island, but only in the amounts
				  specified by Rule. Licensed multi-purpose dealers may also buy and sell
				  cultured marine fisheries species in accordance with applicable Rules and
				  Regulations.
B. Eligibility:
				  Applicants must demonstrate that they or their registered agent maintain a
				  fixed place of business in the State of Rhode Island at which transaction
				  records will be maintained and made available for inspection during normal
				  business hours.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 7 - Dealers › Section 250-RICR-90-00-7.10 - Direct Sale Dealer License

Current through June 14, 2024
A. Applicability
1. Authorizes the sale, purchase, barter or
				  trade of allowable species of finfish, live lobsters and crabs, and live whelk
				  direct to consumers and/or licensed seafood retailers dockside from the vessel
				  on which they were harvested.
2.
				  Authorizes the transport and sale of live lobsters, crabs, and whelks from the
				  vessel on which they were harvested to consumers and/or licensed seafood
				  retailers.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 7 - Dealers › Section 250-RICR-90-00-7.11 - Reporting

Current through June 14, 2024
A. Dealers shall accurately identify all
				  marine species received as categorized in the Standard Atlantic Fisheries
				  Information System (SAFIS).
B.
				  Dealers shall have accounted for the quantity by count, weight and/or volume of
				  all marine species landed at the point of transfer from the
				  harvester.
C. Dealer weight scales
				  must be certified in accordance with R.I. Gen. Laws Chapter 47-1.
D. Dealers shall maintain a record of
				  transaction for all sales of marine species. The following information shall be
				  maintained at the dealer's place of business and be available for inspection by
				  the Director:
1. Seller's name;
2. Seller's commercial fishing license
				  number;
3. Date of
				  purchase;
4. Species
				  landed;
5. Quantity of
				  purchase;
6. Signature of
				  seller.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 7 - Dealers › Section 250-RICR-90-00-7.12 - Importation of Non-indigenous (non-native) Horseshoe Crabs

Current through June 14, 2024
A.
				  No dealer shall import, attempt to import, or possess in the cooked or
				  un-cooked (frozen) state any non-indigenous (non-native) horseshoe crab species
				  within the State of Rhode Island without prior, written authorization by the
				  Department. The only species of horseshoe crab which may be possessed within
				  the jurisdictional limits of the State of Rhode Island is the Atlantic
				  horseshoe crab.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 7 - Dealers › Section 250-RICR-90-00-7.13 - Striped Bass Tagging

Current through June 14, 2024
A. Each striped
				  bass shall be immediately tagged at the point of sale with a striped bass
				  dealer tag issued by the Director. No striped bass may be sold unless it has
				  been properly tagged.
B. DEM may
				  designate tagging agents as appropriate. All designated tagging agents shall
				  keep and maintain the required forms and reports specified by DEM.
C. All tag reports and unused tags must be
				  returned to DEM by January 1 of the following year. Failure to return reports
				  and unused tags may result in the tagging agent becoming ineligible to receive
				  striped bass tags in the future.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 7 - Dealers › Section 250-RICR-90-00-7.14 - Tautog Tagging

Current through June 14, 2024
A. No tautog shall
				  be sold, purchased, bartered, or traded in Rhode Island unless a tautog tag
				  issued by the Director has been affixed to the left opercula bone with the tag
				  number displayed.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 7 - Dealers › Section 250-RICR-90-00-7.15 - Summer flounder

Current through June 14, 2024
A. Dealers shall
				  receive summer flounder between the hours of 6:00 A.M. to 8:00 P.M.
				  only.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 7 - Dealers › Section 250-RICR-90-00-7.16 - Lobster Exemption Certificate for Dealers

Current through June 14, 2024
A. Dealers
				  wishing to purchase, barter, trade or import lobsters from outside of the State
				  or receive lobsters from LCMA 3 which are less than the minimum size for LCMA 2
				  must obtain a Lobster Exemption Certificate for Dealers from the Director.
				  Eligibility requirements are as follows:
1.
				  The applicant dealer must hold a valid commercial dealers license to deal in
				  lobsters in Rhode Island;
2. The
				  applicant dealer shall provide a copy of a valid dealer's license to purchase,
				  barter, trade or import lobsters in the State of Rhode Island;
3. The applicant dealer must maintain a
				  landside facility in Rhode Island with the tanks required to segregate and
				  store separately lobsters not conforming to the LCMA 2 minimum size.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 11 - Regulations Governing Education Certification for Commercial Shellfish Harvesters › Section 250-RICR-90-00-11.1 - Purpose

Current through June 14, 2024
The purpose of these Rules and Regulations is to manage
					 the marine resources of Rhode Island.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 11 - Regulations Governing Education Certification for Commercial Shellfish Harvesters › Section 250-RICR-90-00-11.2 - Authority

Current through June 14, 2024
These Rules and Regulations are promulgated pursuant to
					 R.I. Gen. Laws Title 20, R.I. Gen. Laws Chapters 42-17.1, 42-17.6, and 42-17.7,
					 and in accordance with R.I. Gen. Laws §
										42-35-18(b)(5),
					 Administrative Procedures Act.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 11 - Regulations Governing Education Certification for Commercial Shellfish Harvesters › Section 250-RICR-90-00-11.3 - Application

Current through June 14, 2024
The terms and provisions of these Rules and Regulations
					 shall be liberally construed to permit the Department to effectuate the
					 purposes of state law, goals, and policies.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 11 - Regulations Governing Education Certification for Commercial Shellfish Harvesters › Section 250-RICR-90-00-11.4 - Definitions

Current through June 14, 2024
See Rhode Island Marine Fisheries Regulations, Part 1 of
					 this Subchapter.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 11 - Regulations Governing Education Certification for Commercial Shellfish Harvesters › Section 250-RICR-90-00-11.5 - Regulations

Current through June 14, 2024
A. Applicability. These regulations apply to
				  holders of the following commercial fishing licenses, permits, and landing
				  permits issued by the Department:
1. Principal
				  Effort Licenses and Commercial Fishing Licenses with Quahog, Soft-shell clam,
				  and/or Shellfish Other endorsements;
2. 65 and Over Shellfish Licenses;
3. Student Shellfish Licenses;
4. Multipurpose licenses if the holder
				  harvests and lands quahogs, soft-shell clams, and/or any other species of
				  shellfish, with the exception of
a. whelk,
				  and
b. scallops if shucked prior to
				  landing; and
5. Resident
				  and Non-Resident Landing Permits if the holder harvests and lands in Rhode
				  Island quahogs, soft-shell clams, and/or any other species of shellfish, with
				  the exception of:
a. whelk, and
b. scallops if shucked prior to
				  landing.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 12 - Research Pilot Aggregate Program › Section 250-RICR-90-00-12.1 - Purpose

Current through June 14, 2024
The purpose of the program is to establish a pilot program
					 to authorize aggregate possession limits for commercial black sea bass and
					 summer flounder as a means to gather data on the effect of aggregate limits in
					 the commercial management of these species.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 12 - Research Pilot Aggregate Program › Section 250-RICR-90-00-12.2 - Authority

Current through June 14, 2024
These Rules and Regulations are promulgated pursuant to
					 R.I. Gen. Laws Title 20, R.I. Gen. Laws Chapters 42-17.1, 42-17.6, and 42-17.7,
					 and in accordance with R.I. Gen. Laws §
										42-35-18(b)(5),
					 Administrative Procedures Act, as amended.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 12 - Research Pilot Aggregate Program › Section 250-RICR-90-00-12.3 - Application

Current through June 14, 2024
The terms and provisions of these Rules and Regulations
					 shall be liberally construed to permit the Department to effectuate the
					 purposes of State law, goals, and policies.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 12 - Research Pilot Aggregate Program › Section 250-RICR-90-00-12.4 - Definitions

Current through June 14, 2024
See Rhode Island Marine Fisheries Regulations, Part 1 of
					 this Subchapter.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 12 - Research Pilot Aggregate Program › Section 250-RICR-90-00-12.5 - Severability

Current through June 14, 2024
If any provision of these Rules and Regulations, or the
					 application thereof to any person or circumstances, is held invalid by a court
					 of competent jurisdiction, the validity of the remainder of the Rules and
					 Regulations shall not be affected thereby.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 12 - Research Pilot Aggregate Program › Section 250-RICR-90-00-12.6 - Superseded Rules and Regulations

Current through June 14, 2024
On the effective date of these Rules and Regulations, all
					 previous Rules and Regulations, and any policies regarding the administration
					 and enforcement of these Regulations shall be superseded. However, any
					 enforcement action taken by, or application submitted to, the Department prior
					 to the effective date of these Rules and Regulations shall be governed by the
					 Rules and Regulations in effect at the time the enforcement action was taken,
					 or application filed.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 12 - Research Pilot Aggregate Program › Section 250-RICR-90-00-12.7 - Permit Required

Current through June 14, 2024
A permit issued from the Director is required to
					 participate in this program. Permit applications shall be completed on forms as
					 prescribed by the Director. Applications not completed in their entirety shall
					 not be considered.