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-50-00-1.7 - Definition of Terms

Current through June 14, 2024
A. "Actively
				  engaged in fishing" means any license holder who has actively fished that
				  license/endorsement. In order to actively fish that license/endorsement, the
				  person must demonstrate by dated transaction records, as verified by dealer
				  reports to the Department, that he or she has fished at least forty (40) days
				  in the preceding two (2) calendar years, with some of the fishing activity
				  occurring in each of the two (2) years. Evidence as to days fished may be
				  supplemented by one (1) or more Vessel Trip Reports, which specifically
				  reference the license holder's name and license number, and correspond to dated
				  transaction records, where in the determination of the Department such dates
				  are verified by Dealer Reports to the Department; where such reports verifiably
				  reflect two (2) or more calendar days at sea during a single trip, those days
				  may be used to establish fishing activity. For the purpose of this definition
				  the term "day" shall mean any twenty-four (24) hour period or part thereof. A
				  license holder with a Dockside Sales Endorsement who sells all of his/her
				  lobster and/or crab landings dockside may utilize documentation other than
				  dated transaction records to establish fishing activity, pursuant to the
				  standards and criteria set forth in §90-00-2.7 .5(D) (1)(a) of this
				  Title.
B. "Abandoned motor vehicle"
				  means a motor vehicle that is inoperable and over eight (8) years old and is
				  left unattended on public property for more than forty-eight (48) hours, or a
				  motor vehicle that has remained illegally on public property for a period of
				  more than three (3) days, or a motor vehicle that has remained on private
				  property without the consent of the owner or person in control of the property
				  for more than three (3) days, as set forth in R.I. Gen. Laws §
										31-42-1(a).
C. "Backdown slip" means any water-based
				  docking position for a vessel by which the vessel typically backs into the spot
				  stern-side with the bow of the vessel facing seaward.
D. "Berth" or "berthing" means an assigned
				  location on a pier for a vessel to tie to or to raft alongside another vessel
				  when direct access to the assigned location on the pier is not available;
				  primarily for the purposes of loading and unloading.
E. "Berth contract" means the written berth
				  agreement between the Division of Coastal Resources and a vessel's owner or
				  operator.
F. "Charter boat" means a
				  vessel less than one hundred (100) gross tons that meets the requirements of
				  the U.S. Coast Guard to carry six (6) or fewer passengers-for-hire for the
				  purposes of engaging in recreational fishing.
G. "Commercial fishing vessel" means a vessel
				  that commercially engages in the catching, or harvesting of fish or marine
				  species or engages in an activity that can reasonably be expected to result in
				  the catching, or harvesting of fish or marine species.
H. "Department" or "DEM" means the Department
				  of Environmental Management.
I.
				  "Director" means the Director of the Department of Environmental
				  Management.
J. "Division of Coastal
				  Resources" or "Division" means Division of Coastal Resources of the Department
				  of Environmental Management.
K.
				  "Facility," "Pier," or "Port" means the State-owned piers.
L. "Family member" means the spouse, mother,
				  father, brother, sister, child or grandchild of the person holding a valid
				  berth contract with the Division. For purposes of these Regulations in
				  compliance with Executive Order 12-02, "Recognition of Out of State, Same-Sex
				  Marriages" that was issued by Governor Chafee on May 14, 2012, "''spouse' shall
				  be defined to include either party who has entered into a marriage that is
				  legally recognized in the state or territory in which the marriage was
				  solemnized."
M. "Person" means an
				  individual, firm, corporation, society, association, partnership or private or
				  public body.
N. "Vessel" means the
				  same as "Boat."
O. "Headboat" or
				  "Party boat" means a vessel that holds a valid Certificate of Inspection issued
				  by the U.S. Coast Guard to carry greater than six (6) passengers-for-hire for
				  the purposes of engaging in recreational fishing.
P. "Off-season temporary berth" means berths
				  that become available for temporary berth assignment purposes as a result
				  permanent berth holder vessels being hauled out of the water for
				  winter.
Q. "Owner" means the owner
				  of the vessel, or in the absence of the owner, such other person or business
				  who is in charge of the vessel on the date of the signed berth
				  contract.
R. "Port of Galilee"
				  means the improved and unimproved area of the Town of Narragansett, which is
				  located in the west passage of Narragansett Bay.
S. "Service by a leaseholder" means exclusive
				  use of docks by a leaseholder for loading and unloading of vessels which
				  utilize a leaseholder's shore-side business.
T. "State" means the State of Rhode
				  Island.
U. "Transient vessel" means
				  any vessel without a berth contract.
V. "Transient vessel temporary berth
				  contract" means any temporary berth contract entered into with the Division by
				  a vessel owner or operator that is not deemed to be a Temporary Off-Season
				  Berth Contract or a One (1) Year Probationary Period Temporary Berth
				  Contract.
W. "Temporary berth
				  contract" means any contract held by a vessel owner without a permanent berth
				  contract.