reglab/statecodes huggingface dataset:
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-90-00-12.8 - Eligibility

Current through June 14, 2024
A. Applicants must hold a valid commercial
				  fishing license in Rhode Island and be the owner and/or operator of a vessel
				  that is licensed to harvest and land summer flounder and black sea bass in
				  State waters and must remain so licensed through 2022.
B. Applicant vessels must have a historical
				  record of landing summer flounder and black sea bass as recorded in SAFIS for a
				  minimum of one (1) year.
C. A
				  maximum of fifty-nine (59) permits will be issued. If the number of eligible
				  applicants exceeds the number of permits available, applicants will be selected
				  through a lottery process.
D.
				  Applicant vessels shall agree to install a Division-approved vessel monitoring
				  system (VMS) device on their vessel. The cost of such vessel monitoring device
				  shall be the responsibility of the participant.
E. Applicant vessels shall agree to submit
				  catch and effort information through a Division-approved electronic
				  application. The cost of such application shall be the responsibility of the
				  participant.
F. Applicant vessels
				  shall agree to allow the Department to publicly disclose all landings of summer
				  flounder and black sea bass on a single-vessel resolution basis.
G. Applicant vessels shall agree to take any
				  State or Federally authorized observers at any time.
H. Application period: Applications must be
				  received by April 1, 2022. In the event that less than fifty-nine (59)
				  applications are received by April 1, 2022, the Division may opt to re-open a
				  subsequent application period to consider additional applications.
I. Applicants must be in compliance with
				  commercial fishing data reporting requirements pursuant to Part 2 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-90-00-12.9 - Permit Conditions

Current through June 14, 2024
A. Vessel
				  monitoring system devices and reporting applications shall be maintained in
				  operational order and be actively engaged at all times when fishing.
				  Malfunctioning of any device will result in permit suspension until the device
				  is returned to operational order.
B. Participants shall document catch and
				  effort information in the Division approved electronic application prior to
				  each landing event.
C.
				  Participating vessels shall take any State or Federally authorized observers at
				  any time.
D. Participants and
				  participating vessels must adhere to all applicable Rules and Regulations
				  governing commercial fishing operations, including but not limited to mesh size
				  restrictions, offloading hours, at-sea transfers, and reporting and
				  record-keeping requirements.
E.
				  Participants and participating vessels will be subject to all State and Federal
				  small mesh landing levels for summer flounder when fishing with small
				  mesh.
F. Participants and
				  participating vessels are authorized to fish south of the Southern New England
				  DDAS counting area for summer flounder when properly enrolled in the Small Mesh
				  Exemption Program.
G. Permits are
				  non-transferable. Only vessels authorized by the Director may participate in
				  the pilot program.
H. Permits will
				  be valid from May 1, 2022, through December 31, 2022, unless otherwise
				  terminated.
I. This program is
				  considered an exempted program pursuant to section
				  14.8 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-90-00-12.10 - Possession Limits

Current through June 14, 2024
A. Summer flounder:
				  The weekly aggregate possession limit will be equal to the daily limit
				  multiplied times seven (7).
B.
				  Black sea bass: The weekly aggregate possession limit will be equal to the
				  daily limit multiplied times five (5).
C. Permit holders are obligated to abide by
				  the aggregate possession limits until such a time the permit is
				  terminated.
D. Permit holders may
				  forfeit their permit and terminate participation in the program at any
				  time.
E. The weekly periods for the
				  duration of the program will be issued explicitly by the Division to each
				  participant. Alternate weekly periods will not be authorized.
F. At any time during any sub-period for
				  either species, the Division may terminate the program to prevent an early
				  closure.
G. Possession limits will
				  revert back to a daily limit once 80% of the sub-period quota for each species
				  is projected to have been reached.
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-90-00-12.11 - Penalties for Non-Compliance

Current through June 14, 2024
A. Failure to
				  adhere to any of the terms and conditions will result in permit revocation for
				  the remainder of the pilot program duration.
B. Participating vessels which cease to
				  participate, or are expelled from, the program will be prohibited from
				  harvesting and landing summer flounder and black sea bass in an aggregate
				  amount for the remainder of the pilot program duration.
C. If a participant exceeds their weekly
				  aggregate limit for either species, or if the participating vessel is found to
				  be in violation of any of the terms and conditions set forth in these
				  Regulations, the participant's permit will be revoked and will be subject to
				  potential enforcement action, including but not limited to: confiscation of
				  catch, prohibition on the harvest and landing of summer flounder and black sea
				  bass for the remainder of the year, license and/or permit suspension or
				  revocation, fines, and disqualification from participation in any future
				  alternative management programs. All penalty provisions applicable to
				  violations of marine fisheries laws and Regulations will also be applicable to
				  participants in the pilot program.
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-90-00-12.12 - Term of Program

Current through June 14, 2024
These Regulations will remain in effect through 2022 only,
					 after which it will be subject to review and evaluation, with a view to
					 developing recommendations for continuance of program beyond
					 2022.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 13 - Cooperative Multi-State Possession and Landing Program for Summer Flounder and Black Sea Bass › Section 250-RICR-90-00-13.1 - Purpose

Current through June 14, 2024
The purpose of these Regulations is to authorize a program,
					 entered into cooperatively by the Director and other States, which will
					 increase the efficiency of the commercial summer flounder and/or black sea bass
					 fisheries by allowing eligible commercial fishers to simultaneously carry
					 possession limits for, and land summer flounder and/or black sea bass in
					 cooperating States during the same fishing trip.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 13 - Cooperative Multi-State Possession and Landing Program for Summer Flounder and Black Sea Bass › Section 250-RICR-90-00-13.2 - 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 Chapter 42-35, Administrative Procedures
					 Act.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 13 - Cooperative Multi-State Possession and Landing Program for Summer Flounder and Black Sea Bass › Section 250-RICR-90-00-13.3 - 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 13 - Cooperative Multi-State Possession and Landing Program for Summer Flounder and Black Sea Bass › Section 250-RICR-90-00-13.4 - 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 13 - Cooperative Multi-State Possession and Landing Program for Summer Flounder and Black Sea Bass › Section 250-RICR-90-00-13.5 - 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 13 - Cooperative Multi-State Possession and Landing Program for Summer Flounder and Black Sea Bass › Section 250-RICR-90-00-13.6 - 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 13 - Cooperative Multi-State Possession and Landing Program for Summer Flounder and Black Sea Bass › Section 250-RICR-90-00-13.7 - Applicability

Current through June 14, 2024
A. This program is limited to Rhode Island
				  and cooperating States. "Cooperating States" is defined as States other than
				  Rhode Island that enacted Rules authorizing commercial fishermen licensed by
				  that State to participate in this program, and that have reached an agreement
				  with the Director of intent to cooperatively participate in this
				  Program.
B. Permit holders shall be
				  authorized to possess a multi-State possession limit. A "multi-State possession
				  limit" is defined as the sum of the commercial summer flounder and/or black sea
				  bass possession limit for Rhode Island waters and the current commercial summer
				  flounder and/or black sea bass possession limits for cooperating States within
				  which the permit holder is authorized to participate.
C. This program is limited to the Federal
				  Winter Period 1 (January 1 through April 30). This program is subject to annual
				  review and re-authorization by the Director.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 13 - Cooperative Multi-State Possession and Landing Program for Summer Flounder and Black Sea Bass › Section 250-RICR-90-00-13.8 - 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.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 13 - Cooperative Multi-State Possession and Landing Program for Summer Flounder and Black Sea Bass › Section 250-RICR-90-00-13.9 - Eligibility

Current through June 14, 2024
A. Applicants must hold a valid commercial
				  fishing license or landing permit issued by the Director authorized to possess
				  and/or land summer flounder and/or black sea bass.
B. Applicant vessels must be commercial
				  declared pursuant to Part 2 of this Subchapter.
C. Applicants must be licensed or otherwise
				  authorized to possess and/or land summer flounder and/or black sea bass in at
				  least one (1) cooperating State.
D.
				  Applicants must not have been assessed a criminal or administrative penalty for
				  violations of State commercial fishing Regulations or Laws within any
				  cooperating State, or for violations of Federal commercial fishing Regulations
				  or laws, within the past three (3) years.
E. Applicants must be in compliance with
				  commercial fishing data reporting requirements pursuant to Part 2 of this
				  Subchapter.
F. Applicant vessels
				  must be permitted by NOAA Fisheries to possess and/or land summer flounder
				  and/or black sea bass harvested in Federal waters.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 13 - Cooperative Multi-State Possession and Landing Program for Summer Flounder and Black Sea Bass › Section 250-RICR-90-00-13.10 - Permit Conditions

Current through June 14, 2024
A. Participants and
				  participating vessels must adhere to all applicable Rules and Regulations
				  governing commercial fishing operations, including but not limited to mesh size
				  restrictions, offloading hours, at-sea transfers, and reporting and
				  record-keeping requirements.
B.
				  Participants and participating vessels will be subject to all State and Federal
				  small mesh landing levels for summer flounder and/or black sea bass when
				  fishing with small mesh.
C.
				  Participants and participating vessels will be allowed to fish south of the
				  Southern New England declared day at sea (DDAS) counting area for summer
				  flounder and/or black sea bass when properly enrolled in the Small Mesh
				  Exemption Program.
D. Participants
				  must maintain proof of privilege to land summer flounder and/or black sea bass
				  in cooperating States as applicable.
E. To be eligible to land in Rhode Island
				  with multi-State possession limit(s) on board, participants shall have on board
				  official documentation verifying their authorization to participate in the
				  program of any cooperating State(s) in which the participant intends to land
				  the remainder of the multi-State possession limit(s).
F. Permits are valid only for the calendar
				  year issued.
G. Participants may
				  only retain their multi-State possession limit(s) when fishing on a permitted
				  vessel associated with that Program participant's authorization.
H. Summer flounder may only be landed between
				  the hours of 6:00 AM to 8:00 PM, consistent with Part 3 of this
				  Subchapter.
I. Summer flounder
				  and/or black sea bass catch intended for landing in Rhode Island and any
				  cooperating State(s) shall be stored such that the catch intended for each
				  State is physically separated; catch intended for each State must be stored in
				  separate totes and identified with a written sign as to the intended port of
				  landing.
J. Program participants
				  intending to land summer flounder and/or black sea bass in Rhode Island must
				  call the Division of Law Enforcement (401-222-3070) at least two (2) hours
				  prior to landing, and provide intended port and facility of landing, estimated
				  time of landing, total weight of summer flounder and/or black sea bass to be
				  landed in Rhode Island, and intended ports of landing and total weight for any
				  summer flounder and/or black sea bass to be landed in cooperating
				  States.
K. Participants must
				  maintain compliance with commercial fishing data reporting requirements
				  pursuant to Part 2 of this Subchapter.
L. Permits are non-transferable. Only vessels
				  authorized by the Director may participate in the program.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 13 - Cooperative Multi-State Possession and Landing Program for Summer Flounder and Black Sea Bass › Section 250-RICR-90-00-13.11 - Penalties for Non-Compliance

Current through June 14, 2024
A. In addition to
				  the penalties for non-compliance specified in §
										1.11 of this Subchapter, the
				  Director may revoke, in writing, the authorization to participate in this
				  Program, should the Director determine that such participant:
1. Has been assessed a criminal or
				  administrative penalty for violations of State commercial fishing Regulations
				  or laws within any cooperating State, or for violations of Federal commercial
				  fishing Regulations or laws, within the past three (3) years.
2. Has had program privileges revoked by a
				  cooperating State.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 14 - Summer Flounder Exemption Certificate Program › Section 250-RICR-90-00-14.1 - Purpose

Current through June 14, 2024
The purpose of these Regulations is to authorize a program
					 which will assist with the management of the commercial summer flounder
					 fishery.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 14 - Summer Flounder Exemption Certificate Program › Section 250-RICR-90-00-14.2 - 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 Chapter 42-35, Administrative Procedures
					 Act.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 14 - Summer Flounder Exemption Certificate Program › Section 250-RICR-90-00-14.3 - 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 14 - Summer Flounder Exemption Certificate Program › Section 250-RICR-90-00-14.5 - 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 14 - Summer Flounder Exemption Certificate Program › Section 250-RICR-90-00-14.6 - 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 14 - Summer Flounder Exemption Certificate Program › Section 250-RICR-90-00-14.7 - General

Current through June 14, 2024
A. The Summer Flounder Exemption Certificate
				  (Exemption Certificate) will be issued only to a vessel. The vessel owner will
				  be identified on the Exemption Certificate for the purpose of maintaining
				  vessel owner contact information.
B. Exemption Certificates may not be:
1. Pledged, mortgaged, leased, or encumbered
				  in any way;
2. Transferred with any
				  retained right of repossession or foreclosure, or any condition requiring a
				  subsequent transfer; or
3.
				  Attached, distrained, or sold on execution of judgment.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 14 - Summer Flounder Exemption Certificate Program › Section 250-RICR-90-00-14.8 - Applicability

Current through June 14, 2024
A. No person shall possess or land summer
				  flounder in excess of two hundred (200) pounds per vessel or per person per day
				  unless that person holds a valid Exemption Certificate or exempted program
				  permit established pursuant to this Chapter. An Exemption Certificate
				  authorizes a vessel to possess and land greater than two hundred (200) pounds
				  of summer flounder per vessel per day provided that:
1. The current Rhode Island possession limit
				  for summer flounder is greater than two hundred (200) pounds per vessel per
				  day; and
2. The vessel's operator
				  holds a valid Rhode Island commercial fishing license or landing permit to
				  harvest or land summer flounder.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 14 - Summer Flounder Exemption Certificate Program › Section 250-RICR-90-00-14.9 - Eligibility

Current through June 14, 2024
No new Exemption Certificates will be available for
					 issuance. All valid certificates are eligible for renewal pursuant to these
					 regulations.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 14 - Summer Flounder Exemption Certificate Program › Section 250-RICR-90-00-14.10 - Exemption Certificate Expiration and Renewal

Current through June 14, 2024
A.
				  Exemption Certificates shall be valid until December 31, 2025, at which time
				  the certificate shall expire unless application for renewal is received by the
				  application deadline.
B.
				  Application required: Renewal applications shall contain the following
				  information:
1. Vessel name;
2. Vessel owner;
3. USCG documentation/State registration
				  number;
4. Federal permit number or
				  Rhode Island commercial fishing license number, that authorizes the harvest or
				  landing of summer flounder;
5.
				  Vessel Length Overall (LOA);
6.
				  Vessel Gross Registered Tonnage (GRT);
7. Vessel Horsepower.
8. Hailing Port.
9. Notary signature and stamp.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 14 - Summer Flounder Exemption Certificate Program › Section 250-RICR-90-00-14.11 - Transfer of an Exemption Certificate

Current through June 14, 2024
14.11.1
General
A. An Exemption
				  Certificate may only be transferred upon change in vessel ownership or upon
				  vessel replacement. Any vessel replacement or change in vessel ownership
				  requires a transfer application to be submitted to the Department and new
				  certificate issued to be valid.
B.
				  If no transfer approval occurs at time of change in vessel ownership or upon
				  vessel transfer, the Exemption Certificate shall not be valid until such time
				  that a transfer application is submitted and a new certificate
				  issued.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 20 - Regulations Governing the Administration of the Seafood Processors Pandemic Response and Safety Block Grant Provided to the State of Rhode Island by the U.S. Department of Agriculture, Agricultural Marketing Service Under Title VII, Subtitle B, Section 751 of the Consolidated Appropriations Act, 2021, Pub. Law 116-260 (H.R. 133) in Response to the Ongoing COVID-19 Pandemic › Section 250-RICR-90-00-20.1 - Purpose

Current through June 14, 2024
The purpose of these Rules and Regulations is to administer
					 the $ 371,412.00 grant provided to the State of Rhode Island by the U.S.
					 Department of Agriculture (USDA), Agricultural Marketing Service (AMS) via the
					 Seafood Processors Pandemic Response and Safety Block Grant Program. The grant
					 will be used to provide reimbursements to eligible beneficiaries to help defray
					 eligible expenses incurred to prepare for, prevent exposure to, and respond to
					 the COVID-19 pandemic during the period between January 27, 2020 and December
					 31, 2021.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 20 - Regulations Governing the Administration of the Seafood Processors Pandemic Response and Safety Block Grant Provided to the State of Rhode Island by the U.S. Department of Agriculture, Agricultural Marketing Service Under Title VII, Subtitle B, Section 751 of the Consolidated Appropriations Act, 2021, Pub. Law 116-260 (H.R. 133) in Response to the Ongoing COVID-19 Pandemic › Section 250-RICR-90-00-20.2 - Authority

Current through June 14, 2024
These Rules and Regulations are adopted pursuant to R.I.
					 Gen. Laws Title 20, Chapter 42-17.1, and promulgated in accordance with R.I.
					 Gen. Laws Chapter 42-35.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 20 - Regulations Governing the Administration of the Seafood Processors Pandemic Response and Safety Block Grant Provided to the State of Rhode Island by the U.S. Department of Agriculture, Agricultural Marketing Service Under Title VII, Subtitle B, Section 751 of the Consolidated Appropriations Act, 2021, Pub. Law 116-260 (H.R. 133) in Response to the Ongoing COVID-19 Pandemic › Section 250-RICR-90-00-20.3 - 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 20 - Regulations Governing the Administration of the Seafood Processors Pandemic Response and Safety Block Grant Provided to the State of Rhode Island by the U.S. Department of Agriculture, Agricultural Marketing Service Under Title VII, Subtitle B, Section 751 of the Consolidated Appropriations Act, 2021, Pub. Law 116-260 (H.R. 133) in Response to the Ongoing COVID-19 Pandemic › Section 250-RICR-90-00-20.4 - Definitions

Current through June 14, 2024
"AMS" means the Agricultural Marketing Service in the U.S.
					 Department of Agriculture.
"ASMFC" means the Atlantic States Marine Fisheries
					 Commission.
"At-sea processor" means a vessel or other platform that
					 floats and can be moved from one (1) location to another, whether in State
					 waters or water of the exclusive economic zone (EEZ), receiving fish and
					 operating as a processor.
"CAA" means the Federal Consolidated Appropriations Act,
					 2021, Pub. Law 116260 (H.R. 133).
"Dealer" means an entity that first receives fish by way of
					 purchase and sells directly to restaurants, markets, other dealers, processors,
					 or consumers without substantially altering the product.
"Department" means the Rhode Island Department of
					 Environmental Management.
"Processor" means the owner, operator, dealer, or agent
					 responsible for any activity that changes the physical condition of a fisheries
					 resource suitable for human consumption, retail sale, industrial uses, or
					 long-term storage, including cooking, canning, smoking, salting, drying,
					 shucking, filleting, freezing, or rendering into meal or oil. Any owner,
					 operator, dealer, or agent exclusively gutting, gilling, heading, or icing
					 seafood without performing any of the above activities is not considered a
					 processor.
"RFA" means the Request for Applications issued by the
					 Agricultural Marketing Service in the USDA on September 23, 2021 pursuant to
					 §751 of the CAA.
"Secretary" means the Secretary of the U.S. Department of
					 Agriculture.
"SPRS" means the Seafood Processors Pandemic Response and
					 Safety block grant program under the Agricultural Marketing Service in the
					 USDA.
"USDA" means the U.S. Department
					 Agriculture.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 20 - Regulations Governing the Administration of the Seafood Processors Pandemic Response and Safety Block Grant Provided to the State of Rhode Island by the U.S. Department of Agriculture, Agricultural Marketing Service Under Title VII, Subtitle B, Section 751 of the Consolidated Appropriations Act, 2021, Pub. Law 116-260 (H.R. 133) in Response to the Ongoing COVID-19 Pandemic › Section 250-RICR-90-00-20.6 - Assessment of Administrative Fees

Current through June 14, 2024
A. The Department
				  will initially set aside $ 28,662.00 from the Rhode Island SPRS block grant to
				  cover the administrative costs of developing and implementing the Rhode Island
				  program. This is a maximum amount. Actual administrative costs will be
				  determined upon conclusion of the appeal process, as set forth herein under
				  §
										20.13
				  of this Part.
B. If actual
				  administrative costs are determined to be in excess of $ 28,662.00, no
				  additional amount will be deducted for such costs from the Rhode Island SPRS
				  block grant.
C. If actual
				  administrative costs are determined to be less than $ 28,662.00, the amount
				  remaining from the set aside will be distributed proportionally among all
				  qualified applicants.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 20 - Regulations Governing the Administration of the Seafood Processors Pandemic Response and Safety Block Grant Provided to the State of Rhode Island by the U.S. Department of Agriculture, Agricultural Marketing Service Under Title VII, Subtitle B, Section 751 of the Consolidated Appropriations Act, 2021, Pub. Law 116-260 (H.R. 133) in Response to the Ongoing COVID-19 Pandemic › Section 250-RICR-90-00-20.7 - Sub-Allocations

Current through June 14, 2024
A. Initially, $ 342,750.00 will be equally
				  allocated among the three (3) categories of eligible expenses as follows:
1. Workplace safety measures: $
				  114,250.00
2. Market pivots: $
				  114,250.00
3. Retrofitting
				  facilities: $ 114,250.00
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 20 - Regulations Governing the Administration of the Seafood Processors Pandemic Response and Safety Block Grant Provided to the State of Rhode Island by the U.S. Department of Agriculture, Agricultural Marketing Service Under Title VII, Subtitle B, Section 751 of the Consolidated Appropriations Act, 2021, Pub. Law 116-260 (H.R. 133) in Response to the Ongoing COVID-19 Pandemic › Section 250-RICR-90-00-20.8 - Eligibility Criteria

Current through June 14, 2024
20.8.1
Applicants
A. All applicants must
				  meet the flowing criteria:
1. Must be a
				  resident of Rhode Island upon date of application;
2. Must be eighteen (18) years of age or
				  older upon date of application;
3.
				  Must have held a seafood dealer license issued by the Department and/or a
				  seafood wholesaler license issued by the Rhode Island Department of Health,
				  during some or all of the period between January 27, 2020 and December 31,
				  2021.
4. Must have maintained a
				  place of business in Rhode Island, during some or all of the period between
				  January 27, 2020 and December 31, 2021, where eligible expenses were
				  incurred.
5. Must have incurred
				  expenses to prepare for, prevent exposure to, and/or respond to the COVID-19
				  pandemic, above and beyond normal business expenses, during the period between
				  January 27, 2020 and December 31, 2021 in any of the following three (3)
				  categories: workplace safety measures, market pivots, and retrofitting
				  facilities.
6. Must have on file
				  and be able to produce upon request valid records/documentation; typically in
				  the form of receipts, invoices, and/or purchase orders; verifying the eligible
				  expenses.
7. Must not be debarred
				  from receiving Federal funds.
8.
				  Must not be on the Federal Government's "do not pay" list.
9. Licensed Rhode Island aquaculturists,
				  including those holding a seafood dealer license issued by RIDEM and/or a
				  seafood wholesaler license issued by the Rhode Island Department of Health, are
				  not eligible applicants under this program.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 20 - Regulations Governing the Administration of the Seafood Processors Pandemic Response and Safety Block Grant Provided to the State of Rhode Island by the U.S. Department of Agriculture, Agricultural Marketing Service Under Title VII, Subtitle B, Section 751 of the Consolidated Appropriations Act, 2021, Pub. Law 116-260 (H.R. 133) in Response to the Ongoing COVID-19 Pandemic › Section 250-RICR-90-00-20.9 - Application Procedures and Required Information, Certification and Documentation

Current through June 14, 2024
A. Consideration
				  for reimbursement will only be afforded to those who meet the eligibility
				  criteria set forth in §
										20.8 of this Part, who apply
				  to the Department pursuant to the application procedures set forth below, and
				  who provide all required information, certification, and
				  records/documentation.
B.
				  Application
1. Applicants must complete the
				  application form titled "USDA-Seafood Processors Response and Safety (SPRS)
				  Block Grant Program - Affidavit and Application for Eligible Participants from
				  Rhode Island," issued by the Department. The application form will be available
				  at the following locations:
a. The
				  Department's Office of Technical and Customer Assistance, located at 235
				  Promenade Street, Providence, Rhode Island 02908;
b. The Department's Division of Coastal
				  Resources, located at 301 Great Island Road, Narragansett, Rhode Island 02882;
				  and,
c. The Department's Division
				  of Marine Fisheries, located at 3 Fort Wetherill Road, Jamestown, Rhode Island
				  02835.
d. Online at the
				  Department's Marine Fisheries website at:
http://www.dem.ri.gov/programs/marine-fisheries/Fisheries-CARES-Act.php#USDA
.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 20 - Regulations Governing the Administration of the Seafood Processors Pandemic Response and Safety Block Grant Provided to the State of Rhode Island by the U.S. Department of Agriculture, Agricultural Marketing Service Under Title VII, Subtitle B, Section 751 of the Consolidated Appropriations Act, 2021, Pub. Law 116-260 (H.R. 133) in Response to the Ongoing COVID-19 Pandemic › Section 250-RICR-90-00-20.10 - Evaluation

Current through June 14, 2024
A. Upon close of the application period, the
				  Department will conduct an expeditious review of all applications.
B. Drawing upon information available from
				  the Department's Office of Boating Registration and Licenses, the Rhode Island
				  Department of Health, and the Rhode Island Department of State, the Department
				  will validate each application with regard to each applicant's license status
				  and business ownership status.
C.
				  As part of the evaluation process, the Department may require applicants to
				  submit copies of records/documentation that verify the eligible expenses for
				  which the applicant is seeking reimbursement.
D. Pursuant to the Department's review of all
				  applications, those applicants not meeting eligibility criteria, who submit
				  incomplete applications, or who fail to provide copies of records/documentation
				  upon request, will be issued letters of denial. Those receiving letters of
				  denial may file an appeal to the finding no later than fifteen (15) calendar
				  days following receipt of the letter, in accordance with §
										20.13 of this
				  Part.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 20 - Regulations Governing the Administration of the Seafood Processors Pandemic Response and Safety Block Grant Provided to the State of Rhode Island by the U.S. Department of Agriculture, Agricultural Marketing Service Under Title VII, Subtitle B, Section 751 of the Consolidated Appropriations Act, 2021, Pub. Law 116-260 (H.R. 133) in Response to the Ongoing COVID-19 Pandemic › Section 250-RICR-90-00-20.12 - Award and Notification

Current through June 14, 2024
A. Upon completion
				  of the audit process set forth in §
										20.13 of this Part, the
				  Department will tally all claims within each category and, for each category,
				  undertake the following process of determining payment amounts:
1. For applicants seeking reimbursement for
				  eligible expenses incurred for workplace safety measures:
a. If the total amount of claims is less than
				  $ 114,250.00, the Department will process payments for the full amount of each
				  claim.
b. If the total amount of
				  claims is more than $ 114,250.00, the Department will calculate the percentage
				  of the total shortfall and apply that percentage to each claim.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 20 - Regulations Governing the Administration of the Seafood Processors Pandemic Response and Safety Block Grant Provided to the State of Rhode Island by the U.S. Department of Agriculture, Agricultural Marketing Service Under Title VII, Subtitle B, Section 751 of the Consolidated Appropriations Act, 2021, Pub. Law 116-260 (H.R. 133) in Response to the Ongoing COVID-19 Pandemic › Section 250-RICR-90-00-20.13 - Appeals

Current through June 14, 2024
A. Any applicant who submits an application
				  during the application period, and is deemed ineligible for an award, may
				  appeal that determination to the Director.
B. Any applicant who submits an application
				  during the application period, and is deemed eligible for an award, may appeal
				  the determination of the amount of the award to the Director.
C. Any applicant subject to audit may appeal
				  the result of the audit to the Director.
D. All appeals must be submitted in writing
				  and be filed with the Department's Office of Legal Services no later than
				  fifteen (15) calendar days following the applicant's receipt of the written
				  notification from the Department regarding the application or the audit. All
				  appeals shall include a cover letter setting forth the reason(s) the
				  application should have been deemed eligible, or the reason(s) the award amount
				  should be different, or the reason(s) the audit results should be different,
				  and shall include any/all supporting documentation. The filing deadline may be
				  met by hand delivering a written appeal to the Department, at the address
				  provided below, no later than 3:59 P.M. on the deadline date, or submitting a
				  written appeal to the Department, at the address provided below, via mail, with
				  a postmark no later than the deadline date.
E. Appeals shall be filed with the
				  Department's Office of Legal Services, SPRS Grant Program, 235 Promenade
				  Street, Providence, Rhode Island 02908.
F. There will be no opportunity to appeal a
				  determination of ineligibility if such determination is based on the submittal
				  of an application following the close of the application period.
G. The Director's Executive Counsel, or their
				  designee, will review all appeals, determine whether the applicant/appellant
				  has satisfied his/her burden of proving that the Department's determination was
				  not consistent with the eligibility, audit, or award standards set forth in
				  these Regulations, and render final agency decisions based thereon.
H. The Director shall provide all
				  applicants/appellants with written notification of the final agency
				  decision.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 20 - Regulations Governing the Administration of the Seafood Processors Pandemic Response and Safety Block Grant Provided to the State of Rhode Island by the U.S. Department of Agriculture, Agricultural Marketing Service Under Title VII, Subtitle B, Section 751 of the Consolidated Appropriations Act, 2021, Pub. Law 116-260 (H.R. 133) in Response to the Ongoing COVID-19 Pandemic › Section 250-RICR-90-00-20.14 - Final Awards and Issuance of Payments

Current through June 14, 2024
A. Upon
				  completion of the appeals process, the Department will make any final
				  adjustments to awards necessary to ensure that the total SPRS block grant of $
				  342,750.00 is fully distributed to all qualifying applicants. That is, any
				  balances remaining in any category will be reallocated, equally, to other
				  category(s) incurring shortfall(s), and distributed, equally, to qualifying
				  applicants in those category(s).
B.
				  The Department will issue final letters of award, specifying the final amounts
				  of each award, to all qualifying applicants in all four (4) sectors.
C. At the same time, the Department will
				  forward the names, contact information, Social Security Numbers and award
				  amounts of all qualifying applicants to the Executive Director of the Atlantic
				  States Marine Fisheries Commission (ASMFC), pursuant to a Cooperative Agreement
				  between the Department and ASMFC that protects the confidentiality of
				  information not subject to public disclosure. In turn, the ASMFC will issue
				  payments to all qualifying applicants in accordance with the award amounts. The
				  payments will be accompanied by 1099 forms, given the taxable nature of the
				  payments.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 20 - Regulations Governing the Administration of the Seafood Processors Pandemic Response and Safety Block Grant Provided to the State of Rhode Island by the U.S. Department of Agriculture, Agricultural Marketing Service Under Title VII, Subtitle B, Section 751 of the Consolidated Appropriations Act, 2021, Pub. Law 116-260 (H.R. 133) in Response to the Ongoing COVID-19 Pandemic › Section 250-RICR-90-00-20.15 - Termination of Program

Current through June 14, 2024
The activities of this funding program will be completed,
					 and the program will be terminated, once the complete list of all final award
					 recipients has been provided to the Atlantic States Marine Fisheries
					 Commission, the Commission has issued all payments in accordance with that
					 list, the Rhode Island Department of Revenue, Division of Taxation has
					 addressed and fully resolved any tax obligations applicable to any awardees,
					 and at least three (3) years have elapsed since the close of the primary grant
					 award to the Atlantic States Fisheries Commission.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 22 - Commercial Marine Fishing Licenses Issued between January 1, 2022 and June 30, 2022 that remain in effect through December 31, 2022 › Section 250-RICR-90-00-22.1 - Purpose

Current through June 14, 2024
A new statute effectuated on July 1, 2022, altered the
					 previous commercial fishing license structure as described in Part 2 of this
					 Subchapter, thus eliminating the Commercial Fishing License (CFL) and Principal
					 Effort License (PEL) license types, as well as all the fishery endorsement
					 types including Restricted Finfish, Non-Restricted Finfish, Quahaug, Soft-shell
					 Clam, Shellfish Other, Whelk, Crustacean, and Non-lobster Crustacean. In
					 response, Part 2 of this Subchapter was amended to reflect the new license
					 structure; to be effective on July 1, 2022 consistent with the effective date
					 of the statute. The purpose of these Regulations is to maintain Regulations in
					 place pertinent to licenses issued between January 1, 2022 and June 30, 2022,
					 and which remain in effect through December 31, 2022. Licenses and endorsements
					 issued beginning July 1, 2022 will be issued pursuant to Part 2 of this
					 Subchapter, as amended with an effective date of July 1,
					 2022.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 22 - Commercial Marine Fishing Licenses Issued between January 1, 2022 and June 30, 2022 that remain in effect through December 31, 2022 › Section 250-RICR-90-00-22.2 - Authority

Current through June 14, 2024
These Regulations are promulgated pursuant to R.I. Gen.
					 Laws Chapters 4217.1, 20-2.1, and 20-2.2, R.I. Gen. Laws §
										20-1-4 and in accordance with R.I.
					 Gen. Laws Chapter 42-35, the Administrative Procedures Act.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 22 - Commercial Marine Fishing Licenses Issued between January 1, 2022 and June 30, 2022 that remain in effect through December 31, 2022 › Section 250-RICR-90-00-22.3 - Superseded Rules and Regulations

Current through June 14, 2024
On the effective date of this Part, all previous
					 Regulations, and any policies regarding the administration and enforcement of
					 R.I. Gen. Laws Chapters 20-2 ("Licensing"), 20-2.1 ("Commercial Fishing
					 Licenses"), and 20-3.1 ("Marine Fisheries Management Modernization"), shall be
					 superseded, provided that Regulations promulgated by the Director will remain
					 in effect until amended or replaced. Provided, furthermore, that any
					 enforcement action taken by, or application submitted to, the Department prior
					 to the expiration date of these Regulations shall be governed by the
					 Regulations in effect at the time the enforcement action was taken or
					 application was filed.
Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 90 - Marine Fisheries › Subchapter 00 - N/A › Part 22 - Commercial Marine Fishing Licenses Issued between January 1, 2022 and June 30, 2022 that remain in effect through December 31, 2022 › Section 250-RICR-90-00-22.4 - Definitions

Current through June 14, 2024
See Part 1 of this Subchapter.