Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 50 - Coastal Resources › Subchapter 00 - N/A › Part 1 - Port Operations Regulations and Berthing Management System › Section 250-RICR-50-00-1.8 - Use of Piers

Current through June 14, 2024
A. No vessel shall
				  berth at State-owned facilities or at facilities owned by the State and leased
				  to private entities without a signed, current berth contract, or without prior
				  written approval by the Division.
B. The initial application for a berth
				  contract shall be submitted by the vessel owner, operator, or designated agent
				  to the Division on application forms available from the Division. Applications
				  should be submitted as early as possible since dockage space will be assigned
				  according to the waiting list procedures contained within these Regulations. At
				  the time the berth application is submitted, the applicant, and vessel, must
				  hold any necessary licenses, permits, declarations, and insurance required for
				  the specific category of vessel for which the applicant is requesting a
				  berthing assignment.
C. An
				  application waiting list will be maintained by the Division of Coastal
				  Resources for each of the categories of vessels authorized to berth in
				  State-owned facilities with the exception of sport fishing vessels. Those
				  applicants who meet the initial application criteria required to enter into a
				  berth contract for that category will be permitted to execute a berth contract
				  in the chronological order by which the applicant appears on the waiting list
				  until all open berth positions are filled. If a qualified applicant does not
				  meet the criteria of the open berth according to the information contained
				  within their berth application, then that person will not be contacted, will
				  remain at the top of the waiting list and will be given priority once an
				  appropriate berth is open. An applicant is responsible for contacting the
				  Division with any updates and changes to information contained within their
				  berth application to ensure his/her qualification and compliance therein. If
				  the applicant refuses a berth contract when the applicant's name comes up, the
				  applicant will be removed from the waiting list unless the applicant requests
				  that his/her name be placed back on the waiting list. If such a request is
				  received, the applicant will be placed back on the end of the waiting list per
				  the date of refusal. A vessel owner whose application has been approved and who
				  has been so notified, shall pay the required dockage fee and any arrearages
				  owed by the applicant or vessel to be berthed prior to the signing of a berth
				  contract. If such payment is not received within ten (10) days after an
				  applicant's receipt of notice of approval of an application, the State may deem
				  the approval withdrawn, and consider other applications.
D. The Division shall have the right to
				  assign berths to vessels at its sole discretion. Among the factors that the
				  Division should consider in determining such assignments are the following:
				  pier and dock configuration, size of vessel, hull type, berthing space
				  available, and any other factor which will produce the most efficient
				  utilization of berthing space including seniority and fishing activity of the
				  vessel(s).
E. The waiting list
				  shall be reviewed every five (5) years. Applicants on the waiting list will be
				  contacted requesting if they wish to continue to remain on the waiting list.
				  Failure to respond to such a request will result in the removal of the
				  applicant's name from the waiting list. An applicant whose name has been
				  removed will be required to reapply in order to be placed back on the waiting
				  list. When an applicant reapplies to be placed on the waiting list, that
				  applicant's name will be added to the bottom of the waiting list.
F. A preference will be given in assigning
				  vacant berths to vessels whose owners are Rhode Island residents.
G. Before entering into a signed berth
				  contract for a permanent berthing position there is a one (1) year probationary
				  period. During this one (1) year probationary period, the new berth holder will
				  be required to sign a temporary berth contract. During this one (1) year
				  probationary period, the temporary berth contract holder must demonstrate
				  compliance with the terms of the temporary berth contract as well as these
				  Regulations subject to the discretion of the Division of Coastal Resources.
				  Failure to comply with the terms of either the berth contract or these
				  Regulations will result in the revocation of the temporary berth contract and
				  receipt of written notice to the vessel's owner that the vessel must be removed
				  from the Port within one (1) week of receiving written notice. If the vessel's
				  owner fails to comply with the removal of the vessel, then the vessel will be
				  removed by DEM or their agents at the vessel owner's expense. If after the one
				  (1) year probationary period the temporary berth contract holder has
				  demonstrated compliance in sole discretion of the Department with the terms of
				  their temporary berth contract and these permanent governing Regulations then
				  the vessel's owner may enter into a permanent berth contract.
H. Berth contracts shall be signed and deemed
				  valid for no more than one (1) year from the date of execution. All berth
				  contracts expire on June 30th of the preceding year
				  of first (1st) assignment. All fees previously due
				  shall be paid in full in advance of the issuance of a berth contract. A vessel
				  owner who signs a berth contract and who is not in arrears on any payments or
				  other financial obligations to the Department shall have the option to renew
				  his/her berth contract for the following year. Dockage fees in arrears for
				  fifteen (15) days or more after the due date shall be considered cause for
				  revocation of berth contracts. Revocation of a berth contract will follow
				  receipt of written notice by the vessel's owner that the vessel must be removed
				  from the Port within one (1) week of receiving written notice. If the vessel's
				  owner fails to comply with the removal of the vessel, then the vessel will be
				  removed by DEM or their agents at the vessel owner's expense. The Division may
				  postpone enforcing this Regulation, at its discretion, if there are
				  circumstances deemed to warrant an enforcement delay. Postponement of
				  enforcement by the Division does not waive future enforceability. Berth holders
				  who breach their berth contract and are provided notice to leave the Port and
				  cannot be reinstated in the Port or be placed on a waiting list for entry into
				  the Port until all past due amounts are paid in full. Furthermore, if a former
				  berth holder is allowed to reapply for a berth in the Port, said applicant's
				  name shall be placed at the bottom of the waiting list and the applicant's
				  position on the waiting list will be based on the date the application was
				  received.
I. If a berth contract
				  holder is in arrears with their dockage fees or other financial obligations to
				  the Department, the berth contract holder may enter into a signed, written
				  payment agreement with the Division to bring the outstanding debt current.
				  Failure to comply with this payment agreement will void the payment agreement,
				  the berth contract will be revoked and the berth holder will be required to
				  leave the Port. All fees due shall be paid in full in advance of the renewal of
				  the berth contract. If a berth contract holder is in arrears with their dockage
				  fees and has entered into an approved and signed payment agreement with the
				  Division, then a berth contract may be renewed subject to the approval of the
				  Division.
J. When a vessel is sold,
				  the berth contract does not transfer with the sale of the vessel. The berth
				  contract is valid for the remainder of the contract term and may be renewed by
				  the original vessel owner provided that the new vessel is purchased within one
				  (1) year of the sale of the previously owned vessel and all fees remain paid in
				  full. The sale of the ownership of fifty percent (50%) or more in the ownership
				  of a vessel shall be deemed to be the sale of the vessel with the same
				  prohibition on the transfer of berthing rights as described above. If the
				  vessel is incorporated, the original owner of the vessel or corporation must
				  own fifty-one percent (51%) or more of the corporation for the vessel to still
				  be subject to the terms of the original berth contract. If the vessel is
				  incorporated, and the original owner of the vessel or corporation owns less
				  than fifty-one percent (51%) of the corporation then the original berth
				  contract is void and the vessel must be removed from the Port.
K. A vessel owner has the obligation to
				  notify the Division when he or she is putting his/her vessel up for sale. Once
				  a vessel is sold, the berth contract holder has one (1) year to acquire a new
				  vessel and berth that vessel at State-owned facilities or else waive berth
				  contract renewal rights. During this time the berth contract holder will
				  continue to be responsible for payment to the Department for dockage fees
				  billed at the original rate based on the size of the sold vessel and berthing
				  position. Once a berth contract holder acquires a new vessel the berth contract
				  holder will be allowed to return to the Port only if, (1) the berth contract
				  holder is current on the applicable berthing fees and (2) the berth contract
				  holder is returning to the Port with a vessel that the Division deems
				  appropriate for the original berthing position assigned. If the berth contract
				  holder acquires a new vessel which is deemed not size appropriate for the
				  original berth position by the Division, then a new berthing will be assigned
				  appropriate for the size of the new vessel. If no appropriate berthing position
				  is available for the size of the new vessel, then a new berth assignment will
				  not be designated and the berth contract holder will be placed at the top of
				  the waiting list and given priority once an appropriate berth is open. If a
				  berthing position is not available for the new vessel, billing will cease until
				  a new berth is assigned for the new vessel. Until an appropriate berth slip is
				  available and assigned to the berth contract holder, the berth contract holder
				  shall not be allowed to enter at the Port with the new vessel. If a new berth
				  position is assigned to the new vessel, the dockage fees required pursuant to
				  the berth contract will be amended to reflect the change in berth assignment
				  for the new vessel.
L. In the event
				  the berth contract holder wishes to substitute a vessel, the berth contract
				  holder shall give the Division full particulars and request prior approval to
				  substitute the new vessel. No vessels may be substituted within the Port
				  without prior written approval from the Division.
M. Berth contracts will be maintained unless
				  a vessel's owner fills out a cancellation of berth contract form. Billing will
				  cease on the day the cancellation form is signed and returned to the Division
				  of Coastal Resources main office located within the Port of Galilee. There is
				  no penalty for early cancellation of a berth contract so long as the vessel is
				  removed from the Port within one (1) week of receipt of notice of cancellation.
				  If after one (1) week the vessel has not been removed from Port, the vessel
				  will be given transient status and billed according to the transient vessel
				  berth holder provisions contained within these Regulations.
N. Vessel owners shall promptly notify the
				  State of any change in home or business address, change in boat name, vessel's
				  length or any information contained in a previously filed application form or
				  berth contract.
O. Should the
				  holder of a berth contract die, a berth contract may transfer to a duly
				  qualified family member of the berth contract holder. Family Members of the
				  contract holder must meet the eligibility requirements and standards of dockage
				  and Regulation requirements in order to retain a berth contract. If a family
				  member meets the eligibility requirements and standards of dockage and
				  Regulation requirements deemed to enter into a berth contract, the original
				  berth contract will be void and a new berth contract between the Division and
				  the family member with a one (1) year probationary period will apply.
P. If the Division is required to provide
				  written notice to a vessel owner pursuant to these Regulations or an executed
				  berth contract, said notice shall be deemed to be complete upon mailing by
				  pre-paid first class postage to the last home or business address provided to
				  the Division by the vessel owner and delivery of such notice shall be deemed to
				  have been received by the boat owner five (5) days from the posting of notice
				  in any office of United States Post Office located within the State of Rhode
				  Island.
Q. A permanent berth
				  contract holder shall notify the Division in advance if his/her berth will not
				  be used for a period of two (2) weeks or longer. If the Division is provided
				  such advance notice, the berth contract holder has up to one (1) year of
				  leaving Port to return to Port in order to be reassigned his/her berthing
				  assignment. During the period away from Port, the berth contract holder will
				  continue to be billed despite absence of the vessel. The Division may not
				  reassign a vessel to the berth to which it was previously assigned unless,
				  prior to vessel's return to Port, all of the berth contract holder's dockage
				  fees are current.
R. No refund will
				  be made for any unused dockage.
S.
				  The Division shall have the right to terminate a contract and require removal
				  of the berth contract holder's vessel for any violation of these Regulations,
				  including, but not limited to, non-payment of fees when due, and violations of
				  these Regulations.
T. The fee for a
				  berth is dependent upon the length of the vessel. For this purpose, the length
				  shall be determined by the overall length of the vessel on the Coast Guard
				  documentation or Rhode Island vessel registration rounded to the nearest foot.
				  In addition, any changes made to the length of the vessel not reflected in the
				  Coast Guard documentation or the Rhode Island vessel registration such as, but
				  not limited to, the addition of a transom extension or pulpit, shall be taken
				  into account to determine the vessel's overall length to the nearest foot and
				  shall be reflected in the fees for berthing. The Division reserves the right to
				  re-measure and adjust all billings if the length overall (LOA) of the vessel is
				  different than what is stated within the berth contract.
U. A berth assignment list shall be
				  maintained by the Division. Berths may be reallocated at the sole discretion of
				  the Division from time to time in order to make more efficient use of the
				  piers, Among the factors that the Division should consider in determining such
				  assignments are the following: pier and dock configuration, size of vessel,
				  hull type, berthing space available, and any other factor which will produce
				  the most efficient utilization of berthing space including seniority and
				  fishing activity of the vessel(s).
V. The berth contract schedule is:
1. Berth contracts shall cost forty dollars
				  ($40.00) per foot of vessel length per annum.
2. Port of Galilee
a. The minimum rate for the medium duty
				  commercial fishing docks is based on forty foot (40') vessels. All vessels at
				  the medium duty backdown commercial fishing docks shall be charged for the
				  minimum plus all footage over forty feet (40').
b. The minimum rate for the light duty
				  backdown docks is based on thirty-five foot (35') vessels. All vessels at the
				  light duty backdown docks shall be charged for the thirty-five foot (35')
				  minimum plus all footage over thirty-five feet (35').
c. The minimum rate for all vessels within
				  the Port not berthed in a medium or light duty dock is based on twenty-five
				  foot (25') vessels. All vessels less than twenty-five feet (25') in length
				  shall be charged at the twenty-five foot (25') minimum.
3. Port of Newport, State pier #9 - The
				  minimum rate for all vessels within the Port not berthed in a medium or light
				  duty dock is based on twenty foot (20') boats. All vessels less than twenty
				  feet (20') in length shall be charged at the twenty foot (20')
				  minimum.
4. Transient vessels are
				  all vessels without a permanent or temporary berth contract. All transient
				  vessels must apply directly to the Division at its office at the Port of
				  Galilee for a transient vessel temporary berth contract.
A transient vessel owner, master, or designee must sign a
					 transient vessel temporary berth contract in order for the transient vessel to
					 remain in Port and be assigned a temporary berth. The daily minimum rate for
					 transient vessels is fifty dollars ($50.00) per day. All vessels longer than
					 fifty feet (50') shall be charged fifty dollars ($50.00) per day plus one
					 dollar ($1.00) per foot per day for all footage over fifty feet (50'). The
					 owner of a transient vessel who has been issued a transient vessel temporary
					 berth contract shall be assessed a fee of fifty dollars ($50.00) plus one
					 dollar ($1.00) per foot for all footage over fifty feet (50') per day.
a. A transient vessel temporary berth
				  contract holder shall make the berth available to the permanent berth contract
				  holder to whom the berth is assigned upon receiving notice. Transient vessel
				  temporary berth contract holders may be required by the Division to move or
				  vacate the berth or Port upon twenty-four (24) hours' notice. Upon receipt of
				  notice to move or vacate the berth by the Division the transient vessel
				  temporary berth contract holder must comply with the instructions contained
				  within the notice within twenty-four (24) hours.
b. If a vessel owner fails to comply with the
				  written notice to remove the vessel, then the vessel shall be removed at the
				  owner's expense by the Division.
5. During the off-season (as berths become
				  vacant as a result of boats being hauled out for the winter), the Division may
				  temporarily assign these berths in accordance with the following fee schedule:
a. Off-season temporary berth contracts shall
				  cost forty dollars ($40.00) per foot of vessel length per annum.
b. There is no waiting list for temporary
				  off-season berths. Temporary off-season berths shall be assigned on a first
				  come first serve basis in accordance with the availability of space. These
				  assignments shall not contribute toward the Port seniority nor change one's
				  relative position on any full time berth waiting list.
c. Berth assignments are made at the
				  Division's sole discretion. Offseason temporary berth assignments may be
				  reallocated at the sole discretion of the Division, including, but not limited
				  to, the maximum utilization of State infrastructure for the continued flow of
				  commerce. Upon receipt of notice to move or vacate the berth by the Division
				  the off-season temporary berth contract holder must comply with the
				  instructions contained within the notice within twenty-four (24)
				  hours.
d. An off-season temporary
				  berth contract holder shall make the berth available to the permanent berth
				  contract holder to whom the berth is assigned upon receiving notice. Off-season
				  temporary berth contract holders may be required by the Division to move or
				  vacate the berth or Port upon twenty-four (24) hours' notice. Upon receipt of
				  notice to move or vacate the berth by the Division, the off-season temporary
				  berth contract holder must comply with the instructions contained within the
				  notice within twenty-four (24) hours.
e. If a vessel owner fails to comply with the
				  written notice to remove the vessel, then the vessel shall be removed at the
				  owner's expense by the Division.