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-90-00-5.5 - Lobster

Current through June 14, 2024
5.5.1
RI State Waters and LCMA 2
				  (Inshore Southern New England)
A.
				  Minimum size: Three and three eighths inches (3-3/8") carapace length
B. Maximum size: Five and one
				  quarter inches (5-1/4") carapace length
C. Egg-bearing female lobsters: No person
				  shall have in his/her possession at any time any female lobster bearing eggs or
				  from which the eggs have been brushed or removed (R.I. Gen. Laws §
											20-7-10).
D. Mandatory v-notching: Any person or vessel
				  permitted or declared to fish in LCMA 2 shall v-notch all legal-sized egg
				  bearing female lobsters.
E.
				  Prohibition on possession of v-notched female American lobsters: Any v-notched
				  lobster shall be immediately returned to the water from which taken. No person
				  shall retain on board, land, or possess any v-notched female American
				  lobster.
F. Penetrating devices: No
				  person shall use a spear, gig, gaff, or other such penetrating device to
				  harvest lobsters.
G. Possession of
				  lobster meat: No fishing vessel operating in Rhode Island territorial waters
				  shall have on board at any time more than one (1) pound of cooked or uncooked
				  lobster meat for each person on board that vessel (R.I. Gen. Laws §
											20-7-14).
H. Mutilation of uncooked lobster meat: No
				  person shall mutilate any uncooked lobster by severing its tail from its body
				  or have in his/her possession any part or parts of any uncooked lobster so
				  mutilated (R.I. Gen. Laws §
											20-7-14).
I. Lobster pots
1. Maximum size: Twenty-two thousand nine
				  hundred fifty (22,950) cubic inches
2. Escape vents: Each and every lobster pot,
				  set, kept, or maintained or caused to be set, kept, or maintained in any of the
				  waters in the jurisdiction of this State by any person properly licensed, shall
				  contain an escape vent in accordance with the following specifications (R.I.
				  Gen. Laws §
												20-7-11(a)):
a. At least one (1) rectangular escape vent
				  with an unobstructed opening measuring not less than two inches by five and
				  three quarters inches (2" x 5-3/4"); or two (2) circular escape vents, each
				  with an unobstructed opening measuring not less than two and five eighths
				  inches (2-5/8") in diameter; or
b.
				  An unobstructed gap caused by raising both ends of a bottom lath in the parlor
				  section two inches (2") from the bottom; or
c. An unobstructed gap caused by separating
				  both ends of two (2) vertical laths on the end of the parlor section by two
				  inches (2"); or
d. An unobstructed
				  gap created by cutting wires in a wire trap in such a manner as to meet the
				  minimum size and number of vents required in accordance with this
				  section.
e. The vent or gap shall
				  be installed or made in each parlor section on the sides, end panel, or door of
				  the trap. Traps equipped with multiple parlor sections and having a central
				  entrance funnel(s) separating the parlor sections must adhere to the escape
				  vent requirements specified above in each parlor section. Traps equipped with
				  multiple parlor sections that are linked in series ("in-line") must adhere to
				  the escape vent requirements specified in the terminal, or end parlor
				  section.
f. Lobster traps not
				  constructed entirely of wood must contain a ghost panel with the following
				  specifications:
(1) The opening to be covered
				  by the ghost panel must be rectangular and shall not be less than three and
				  three quarters inches by three and three quarters inches (3-3/4" x
				  3-3/4").
(2) The panel must be
				  constructed of, or fastened to the trap with one (1) of the following untreated
				  materials: wood lath, cotton, hemp, sisal, or jute twine not greater than three
				  sixteenths of an inch (3/16") in diameter, or non-stainless, uncoated ferrous
				  metal not greater than three thirty-seconds of an inch (3/32") in
				  diameter.
(3) The door of the trap
				  may serve as the ghost panel if fastened with a material specified in previous
				  paragraph.
(4) The ghost panel must
				  be located in the outer parlor(s) of the trap and not the bottom of the
				  trap.
J. Non-commercial (i.e. recreational)
				  Regulations:
1. A non-commercial lobster pot
				  or diver license is available to Rhode Island residents only. A non-commercial
				  lobster licensee shall not offer for sale or sell lobsters (R.I. Gen. Laws
				  §§
												20-2-24 and
				  20-7-3).
a. Non-commercial lobster pots
(1) A holder of a non-commercial lobster pot
				  license may set, place, or maintain in the water not more than five (5) lobster
				  pots at any one (1) time (R.I. Gen. Laws §
														20-7-3).
(2) Trap tags: A lobster trap tag issued by
				  the Director is required to be attached to each pot deployed. Tags shall be
				  permanently attached to the trap bridge or central cross member of the trap and
				  be clearly visible for inspection. A one (1) tag over-allotment will be issued
				  for a routine loss. Tags shall be valid for the calendar year in which the
				  license is issued.
b.
				  Diver lobster license: A holder of a non-commercial lobster diver license shall
				  take no more than eight (8) lobsters in any one (1) day. No diver shall use a
				  spear, gig, gaff, or other penetrating device to harvest lobsters or while
				  diving to set, open or tend lobster pots (R.I. Gen. Laws §
													20-7-4).
K. Taking of lobsters by commercial fishing
				  vessels: No operator of a Rhode Island registered vessel engaged in trawling
				  for finfish in Rhode Island territorial waters may retain and sell any lobsters
				  taken unless properly licensed by the Department (R.I. Gen. Laws §
											20-7-2).
1. Licensing of owner-operated vessels: No
				  vessel may be used in the commercial taking of lobsters unless the operator is
				  the registered or documented owner of said vessel. If a corporation is the
				  documented owner of a vessel, the operator shall be the majority owner of that
				  corporation. This Regulation shall in no way abridge a licensee's right
				  pursuant to R.I. Gen. Laws §
												20-7-6.
2. Use of commercial license by agent or
				  employee: If a commercial lobster licensee becomes incapacitated for any reason
				  from using that license, that person may permit his/her agent or employee to
				  perform those duties under the license. Prior authorization from the Director
				  is required for the use of a commercial license by an agent or employee due to
				  incapacitation (R.I. Gen. Laws §
												20-7-6). Criteria for use of
				  license:
a. The applicant must provide
				  application on forms prescribed by the Director;
b. The agent or employee must be a citizen of
				  the United States;
c. The
				  application must include a written statement signed by a duly-licensed
				  physician stating that the applicant/licensee is incapacitated and unable to
				  participate in the lobster fishery, the reason for that incapacity, and the
				  anticipated duration of such incapacity. For the purpose of this section, the
				  term incapacity shall be defined as the inability, due to medical reasons, to
				  place, set, keep, maintain, supervise, lift, raise, or draw in any pot or other
				  contrivance designed or adapted for the catching of lobsters. The Director may
				  grant permission to the incapacitated applicant/licensee, for a period not to
				  exceed ninety (90) days, to transfer his/her duties under such license to a
				  designated agent or employee. This permission may be continued for an
				  additional ninety (90) days upon submission to the Director of a duly-licensed
				  physician's statement documenting such need. Further extensions may be granted
				  at the discretion of the Director, but in no case may the period of transfer of
				  duties exceed a total of one (1) year.
d. Upon Director authorization for use of a
				  license by an agent or employee, the authority of the licensee to sell or
				  commercially harvest lobsters under such license shall be transferred in its
				  entirety to the designated agent or employee. The agent or employee must carry
				  the license of the incapacitated licensee and the written authorization by the
				  Director on his/her person at all times while engaged in any portion of the
				  lobster fishery.
e. By making
				  application for the transfer of duties to an agent or employee, the
				  applicant/licensee accepts responsibility for the actions of the transferee
				  under the authority of said license.
3. Commercial possession limit of lobsters
				  taken by gillnet or otter trawl: Maximum of one hundred (100) lobsters per day
				  (based on a twenty-four (24) hour period), or five hundred (500) lobsters per
				  trip for trips five (5) days or longer
L. Lobster trap allocation (LTA)
1. No person may take or possess lobster
				  commercially in LCMA 2 unless taken by a lobster trap authorized pursuant to a
				  lobster trap allocation (LTA) issued by the Department, or as incidental catch
				  by an otter trawl or gillnet.
2. No
				  person may deploy more lobster traps than the number allocated per their
				  LTA.
3. The Director is the LTA
				  authority in LCMA 2 for all Rhode Island residents, both State-licensed and
				  Federally-permitted.
4. No holder
				  of any LTA may lease his/her allocation, or any portion
				  thereof.
M. LTA transfers
1. Eligibility
a. LTA transferors: Any State-licensed,
				  Federally-permitted, or dually Federally-permitted/State-licensed holder of a
				  Department or NOAA Fisheries-issued LTA is eligible to transfer some or all of
				  his/her LTA, subject to the terms and conditions set forth below.
b. LTA transferees: Any Rhode Island resident
				  is eligible to obtain one(1) or more transfer(s) of Department issued LTAs,
				  subject to the terms and conditions set forth below. Any Rhode Island resident
				  or non-resident is eligible to obtain one (1) or more transfer(s) of NOAA
				  Fisheries-issued LTAs, subject to the terms and conditions set forth
				  below.
c. All holders of LTAs
				  assigned to a Rhode Island State commercial fishing license only (i.e. no
				  Federal permit) must annually renew their Rhode Island State commercial fishing
				  license, or that portion of their Rhode Island State commercial fishing license
				  that authorizes them to commercially harvest lobsters from Rhode Island State
				  waters with lobster traps, in order to remain eligible to transfer any portion
				  of their LTA.
2. LTA
				  transfer application
a. All transfers of LTAs
				  must be authorized by the Director.
b. Applications for LTA transfers shall be
				  made on forms prescribed by the Director. All applications must be signed by
				  both the transferor and transferee, and notarized.
c. Applications for transfers may be
				  submitted from June 1 through November 30 for the following fishing
				  year.
d. Transfers shall become
				  effective the year following the approval of the application.
e. The LTA transferor and transferee are not
				  bound by any Rules or Regulations of the Department relating to any payment or
				  compensation between LTA transferor and transferee associated with any LTA
				  transfer. Holders of LCMA 2 LTAs assigned to Rhode Island State waters may
				  sell, give, or otherwise convey some or all of their allocation without
				  limitation, provided that they comply with all terms and conditions set forth
				  herein.
3. Types of
				  allowable transfers
a. Partial or full LTA
				  transfers without sale of business: An LTA transferor may transfer a portion or
				  all of his/her Department or NOAA Fisheries-issued LTA. In any such case, the
				  LTA transferor may retain his/her license/permit and fishing
				  business.
b. Full LTA transfer with
				  sale of business: Pursuant to Part 2 of this Subchapter, Commercial and
				  Recreational Saltwater Fishing Licensing Regulations, a licensed fishermen who
				  has been actively fishing his license/permit and wishes to sell his vessel and
				  gear and retire his license may do so, and in so doing, enable the buyer
				  (transferee) to acquire a new, corresponding license and endorsement. In any
				  such situation, the transaction must include the transfer of all of the
				  seller's (transferor's) Department or NOAA Fisheries-issued LTA, along with any
				  and all history associated with the license/permit.
c. Partial and full business transfers of
				  multi-LCMA LTA: Recipients of either a partial LTA transfer or full LTA
				  transfer with sale of business from a Federal permit that has a multi-LCMA LTA
				  shall retain the multi-LCMA history and may fish in any of the LCMAs that the
				  LTA allows and would be bound by the most restrictive Rule when declaring to be
				  fishing in multiple LCMAs.
4. LTAs assigned to a dual Federal
				  permit/State license holder cannot be divided and apportioned between the
				  permit/license. A dual Federal permit/State license holder's LTA will be
				  considered indivisible. If a dual Federal permit/State license holder "splits"
				  his/her permits/license by transferring either the Federal permit or State
				  license to another entity, then the entire fishing history, including any LTA
				  is to remain with the Federal permit.
5. A dual Federal permit/State license holder
				  who permanently relinquishes or surrenders his/her Federal limited access
				  lobster permit can allow his/her LTA to be transferred to his/her State
				  license.
6. Transfers of any LTA
				  must remain within the LCMA from which they originate. An LTA from one (1) LCMA
				  is only valid in the LCMA from which it originally qualified and cannot be
				  transferred to another LCMA.
7. The
				  LTA of the seller (LTA transferor) shall be reduced in all LCMAs in which the
				  seller has been assigned an LTA by the amount of LTA that is transferred prior
				  to application of the ten percent (10%) conservation tax.
8. Partial transfers of LTA assigned to LCMA
				  2, whether State-licensed, Federally-permitted, or dually
				  Federally-permitted/State-licensed, shall involve a minimum of ten (10) LTA
				  units (i.e. lobster traps), and occur in minimum units of ten (10) LTA units
				  thereafter, until the remaining LTA is less than ten (10) lobster
				  traps.
9. If an LTA assigned to
				  LCMA 2 falls below ten (10) lobster traps, and the holder wishes to transfer
				  his/her allocation, the entire allocation must be transferred in a single
				  transaction, and the lobster trap allocation transferor shall be prohibited
				  from participation in the LCMA 2 commercial lobster trap fishery until such
				  time as said license holder re-acquires LTA assigned to LCMA 2.
10. All transfers of LCMA 2 LTAs, including
				  all partial and full trap allocation transfers and all transfers associated
				  with the sale of business, shall be subject to a ten percent (10%) conservation
				  tax. The tax shall be applied to each and every transfer including all initial
				  transfers and any/all subsequent transfers. Transfers of less than ten (10)
				  lobster traps shall not be subject to the ten percent (10%) conservation
				  tax.
11. An LCMA 2 LTA transferee
				  may engage in any number of transfers, provided that the total number of traps
				  held at any one (1) time does not exceed eight hundred (800).
12. Any LTA transferee who obtains an LCMA 2
				  LTA assigned to a Rhode Island State commercial fishing license only (i.e. no
				  Federal permit) must currently have a Principle Effort License with a lobster
				  endorsement or a State multipurpose endorsement, which shall be necessary in
				  order to commercially harvest lobsters from Rhode Island State waters with
				  lobster traps.
N. Single
				  Ownership Trap Cap or Individual Permit Cap for LCMA 2
1. Single ownership cap allows the purchase
				  and accumulation of traps over and above the active trap cap (currently eight
				  hundred (800) traps for LCMA 2). The single ownership cap is one thousand six
				  hundred (1,600) traps for an individual or corporation at a given time. Traps
				  in excess of the active trap cap may not be fished until activated by the
				  permitting State or agency. A transfer tax will not be assessed on traps
				  activated from the permit holder's individual permit cap (Trap Bank) to an
				  active trap. Newly purchased traps, along with traps already owned by a permit
				  holder, may combine to equal the number of traps necessary to go through active
				  reductions in order to end up at the final trap level of eight hundred (800)
				  traps.
2. Sunset Provision for the
				  Single Ownership Cap: The single ownership cap allows the purchase and
				  accumulation of traps over and above the active trap cap (currently eight
				  hundred (800) traps for LCMA 2). This is to allow for businesses that are cut
				  in the upcoming annual trap reductions to efficiently rebuild their business.
				  The single ownership cap will expire two (2) years after the last trap
				  reduction as specified in Addendum XVIII to Amendment 3 to the American Lobster
				  Fisheries Management Plan. At that time, LCMA 2 will revert back to the
				  historical eight hundred (800) active trap cap allocation only.
O. Aggregate Ownership Cap or
				  Owner Accumulation Limits for LCMA 2: Under this addendum, an entity may not
				  own more than one thousand six hundred (1,600) traps (eight hundred (800)
				  active and eight hundred (800) banked traps). However, those individuals who
				  had more than two (2) permits in December 2003 may retain the number they had
				  at that time, but may not own or share ownership of any additional
				  permits.
P. License and LTA
				  Tracking: The Department shall maintain records to track all Department or NOAA
				  Fisheries issued LTAs and LTA transfers for resident State license holders and
				  resident Federal permit holders.
Q.
				  LTA reduction for LCMA 2
1. Initial LTA
				  reduction: Effective Year one (1) of LTA reduction schedule, each and every
				  LCMA 2 LTA shall be reduced by twenty-five percent (25%) from the original LCMA
				  2 LTA determination and be permanently retired from the LCMA 2 lobster trap
				  fishery for conservation purposes. For State-only license holders, LTA
				  reductions are from the original LCMA 2 LTA determinations and any LCMA 2 LTA
				  obtained subsequent to the initial LCMA 2 LTA determination. For Federal permit
				  or dual State license/Federal permit holders, LTA reductions are from the LTA
				  accepted by the Federal permit or dual State license/Federal permit holders
				  after NOAA Fisheries completes their LTA process. Additionally, any other LTA
				  from any other LCMA that was obtained by the Federal permit or dual State
				  license/Federal permit holder subsequent to the initial LTA determination is
				  also subject to this twenty-five percent (25%) LTA reduction.
2. Annual LTA reduction schedule: Effective
				  beginning Year two (2) of the LTA reduction schedule and on June 1 in each of
				  the next four (4) consecutive years, each and every LCMA 2 LTA shall be reduced
				  by five percent (5%) from the preceding year's LCMA 2 LTA. The annual LTA
				  reductions shall be assessed to both active and banked LCMA 2 LTAs, with the
				  annual LTA reductions being permanently retired from the LCMA 2 lobster trap
				  fishery for conservation purposes.
a. LCMA 2 -
				  LTA Reduction Schedule:
Year
% Reduction
2016
25%
2017
5%
2018
5%
2019
5%
2020
5%
2021
5%
R. Commercial lobster trap tags
1. No person shall set, haul or maintain
				  from, in, or upon the waters under the jurisdiction of the State of Rhode
				  Island any lobster pot for taking of American lobster without the pot having a
				  valid State of Rhode Island lobster trap tag.
2. Application for trap tags shall be made on
				  forms as prescribed by the Director.
3. Tags shall be permanently attached to the
				  trap bridge or central cross member of each trap and be clearly visible for
				  inspection.
4. Tags shall be valid
				  from June 1 through May 31 annually.
5. All lobster trap tags shall be a
				  permanent, single-use design.
6. No
				  person shall transfer lobster trap tags between lobster traps or between
				  individuals or vessels.
7. No
				  person shall file a false claim of trap or trap tag loss.
8. No person shall possess at any one (1)
				  time more lobster trap tags than are authorized.
9. Only lobster trap tags for the current
				  fishing year and the immediate previous or following fishing year shall be
				  allowed to remain attached to each lobster trap.
10. The ten percent (10%) over-allotment of
				  original trap tags for routine losses shall not be deployed (if issued) such
				  that the total number of traps deployed is greater than the authorized
				  allocation.
11. Issuing authority:
				  The Director is the authority for the issuance of lobster trap tags for the
				  State of Rhode Island, and shall have complete oversight over the program.
a. For State-licensed residents and
				  non-residents who possess a Federal Limited Access Lobster Permit, the Director
				  may request authority to issue trap tags to Federal Limited Access Lobster
				  Permit holders under a signed Memorandum of Agreement (MOA) with NOAA
				  Fisheries. If such an agreement is not established, NOAA Fisheries shall be the
				  issuing authority.
b. The State of
				  Rhode Island, under a signed Memorandum of Agreement (MOA) with the NOAA
				  Fisheries, shall recognize lobster trap tags issued by NOAA Fisheries as being
				  valid within waters under the jurisdiction of the State, provided that the
				  Federal Limited Access Lobster Permit holder also possesses a valid Rhode
				  Island commercial fishing license to harvest lobster.
12. Trap tag types and issuance
a. Original trap tags: Commercial licensees
				  may order up to their original trap tag allocation, plus a ten percent (10%)
				  over-allotment to allow for replacement due to routine trap losses. When a
				  routine loss of an original trap tag or trap occurs, the ten percent (10%)
				  over-allotment of original trap tags issued shall be used to replace the lost
				  tag or trap.
b. Gear rotation trap
				  tags: Commercial licensees may order trap tags to be used for gear rotation and
				  maintenance. The number of gear rotation trap tags issued shall not exceed the
				  licensee's original trap tag allocation. Gear rotation trap tags shall be held
				  by the Director. The Director shall issue gear rotation trap tags on a
				  one-for-one (1-for-1) basis upon receipt of the original tags.
c. Catastrophic loss trap tags: Commercial
				  licensees may order up to two (2) complete sets of catastrophic loss trap tags,
				  in an amount equal to the number of original tags ordered, to be used in the
				  event of catastrophic loss or to replace original trap tags not received.
(1) Catastrophic loss trap tags shall be held
				  by the Director.
(2) When a
				  catastrophic loss occurs, a complete duplicate set of ordered catastrophic trap
				  tags shall be issued. Original trap tags will become null and void upon
				  issuance of catastrophic loss trap tags.
(3) Catastrophic loss trap tags shall be
				  distinguishable from original trap tags (i.e. color).
(4) Application for catastrophic loss trap
				  tags shall be made on forms prescribed by the Director and signed by the
				  commercial licensee under penalty of perjury. The Department shall review the
				  application for catastrophic loss tags form within one (1) week after
				  receipt.
(5) In State waters,
				  catastrophic loss trap tags must be placed in traps within ten (10) days after
				  issuance.
(6) The Department shall
				  report the issuance of catastrophic loss trap tags and the voiding of original
				  trap tags to the Department of Law Enforcement (DLE).
(7) The DLE must be notified, in writing by
				  certified mail, in cases of extenuating circumstances that do not permit
				  catastrophic loss trap tags to be attached to traps.
(8) Catastrophic trap tag loss shall be
				  reported immediately to the DLE. Recovery of original lobster trap tags that
				  have been reported as catastrophic loss shall be reported immediately to the
				  DLE.
(9) In the event that
				  catastrophic loss trap tags are not immediately available, the Director may
				  authorize the use of new traps until catastrophic loss trap tags are received
				  by said licensee.
(10) Following
				  the issuance of catastrophic loss trap tags, no person shall deploy a lobster
				  trap for which a catastrophic loss trap tag has been issued and which does not
				  display a valid catastrophic loss trap tag.
13. For persons possessing a valid Rhode
				  Island commercial fishing license (licensee) for the catching, taking, or
				  landing of American lobster, and who also own or are incorporated/partnered in
				  a vessel(s) holding a Federal Limited Access Lobster Permit (Federal Lobster
				  Permit), the following shall apply:
a. No
				  harvesting of lobster may occur in any LCMA by means of any lobster trap for
				  which a trap tag has not been issued. All vessels owned/incorporated/partnered
				  by said licensee which hold a Federal Lobster Permit shall annually declare all
				  LCMA(s) in which the licensee intends to fish during the fishery year. Said
				  declaration shall be made at the time of application for the issuance of
				  lobster trap tags on forms prescribed by the Director.
b. Once declared, an LCMA may not be changed
				  until the next fishery year. An LCMA declared to the Director shall be
				  identical to the LCMA declared to the NOAA Fisheries or vessels holding a
				  Federal Lobster Permit on forms provided by NOAA Fisheries concerning the
				  fishing activities during the subject period by the vessel
				  owned/incorporated/partnered by said licensee.
c. If any discrepancies between the LCMA
				  declared to the Director and NOAA Fisheries are revealed, the NOAA Fisheries
				  LCMA declarations shall govern. Any lobster trap tags issued based on
				  conflicting information provided to NMFS shall become null and void and must be
				  returned to the issuing authority.
d. Federal (EEZ) waters lobster trap tags
				  shall be distinguishable from Rhode Island State waters lobster trap tags by
				  color.
e. No licensees
				  owning/partnered/incorporated in vessel(s) holding an LCMA 2 Federal Lobster
				  Permit shall be permitted to deploy, place, set, tend, haul, lift, raise,
				  supervise, or maintain lobster traps from said LCMA 2 Federally-permitted
				  vessel(s), or to catch/take American lobster within the jurisdiction of the
				  State of Rhode Island from said LCMA 2 Federally-permitted vessel(s), unless
				  the lobster traps are tagged with Federally-designated lobster trap tags that
				  includes an LCMA 2 declaration, issued to said Federally-permitted
				  vessel(s).
f. If multiple LCMA's
				  are declared and management measures for the declared LCMA's differ, any vessel
				  owner permitted to fish in the Federal Exclusive Economic Zone (EEZ) must
				  comply with the most restrictive management measures of the LCMAs declared,
				  except in regard to trap caps and trap allocations. For trap caps and trap
				  allocations, the most restrictive Rule will be applied on an LCMA trap cap/trap
				  allocation basis without regard to the individual's or vessel's trap cap or
				  trap allocation.
S. Land-based lobster processing permit
1. A land-based lobster processing permit is
				  required for the land-based processing of whole uncooked lobsters.
2. The possession of lobster tails, claws, or
				  other lobster body parts at sea or in any unlicensed facility is
				  prohibited.
3. Lobster body parts
				  which are possessed by the land-based processor shall come from legal-sized
				  lobsters only. For the purposes of this section, a legal-sized lobster meets
				  the minimum size and has a dorsal midline length of the sixth (6th) abdominal
				  (tail) segment of at least one and one sixteenth inches (1-1/16");
4. Application: Application for a Land-Based
				  Lobster Processing Permit shall be made on forms prescribed by the
				  Director.
5. The applicant must
				  possess a Rhode Island Department of Health Food Processor's License and a
				  Rhode Island Lobster Dealer's License.
6. Containers in which processed lobster body
				  parts are packed and which are to be sold, shipped, or transported shall be
				  clearly labeled with the license number of the processor.
7. The applicant shall maintain records at
				  the processing facility of lobster purchases, including the license numbers of
				  the sellers for a period of two (2) years.