§ 20-2.1-4. General provisions governing licenses issued.
(a) Applicability. It shall be unlawful for any person in Rhode Island or the waters of the state: (1)
To take, harvest, possess, hold, or transport for sale in Rhode Island any marine
species without a license issued under the provisions of this title; provided, however,
that marine species may be transported by a duly licensed dealer if the marine species
have previously been sold by a duly licensed person; or (2) To engage in commercial
fishing from a vessel unless the vessel has been declared a commercial fishing vessel
as provided in § 20-2.1-5(3) and has a decal affixed to it or is displaying a plate.
(b) Validation of license. No license issued under this chapter shall be valid until signed by the licensee
in his or her own handwriting.
(c) Transfer or loan of license. Unless otherwise provided for in this title, a license issued to a person under this
chapter shall be good only for the person to whom it is issued and any transfer or
loan of the license shall be grounds for revocation or suspension of that license
pursuant to § 20-2-13.
(d) Reporting and inspections condition of license. All persons granted a license under the provisions of this chapter are deemed to
have consented to the reporting requirements applicable to commercial fishing actively
that are established pursuant to this title and to the reasonable inspection of any
vessel, net, rake, bullrake, tong, dredge, trap, pot, vehicle, structure, or other
contrivance used regularly for the keeping or storage of marine species, and any creel,
box, locker, basket, crate, blind, fishing, or paraphernalia used in conjunction with
the licensed activity by persons duly authorized by the director. The provisions of
§ 20-1-8(a)(7)(ii) shall apply to these inspections.
(e) Possession, inspection, and display of license. Every person holding a license issued under this chapter shall have that license
in his or her possession at all times while engaged in the licensed activity and shall
present the license for inspection on demand by any authorized person. Any person
who shall refuse to present a license on demand shall be liable to the same punishment
as if that person were fishing without a license.
(f) Application for license. Every person entitled to a license under this chapter shall file an application with
the director, or the director's authorized agent, properly sworn to, stating the name,
age, occupation, place of residence, mailing address, weight, height, and color of
hair and eyes of the applicant for whom the license is wanted and providing any other
information that may be required pursuant to rule in order to effectuate the purposes
of this chapter, and pay the fees as provided in this chapter. All licenses issued
under this chapter shall be valid only for the calendar year of issuance, unless otherwise
specified in this chapter or in the rules and regulations adopted pursuant to this
chapter. If the person will be either the owner or the operator as provided in § 20-2.1-5(7) of a commercial fishing vessel, the person shall declare, on the application for
each commercial fishing vessel, the vessel name, length, horsepower, state registration
number or coast guard documentation number, federal permit number, and average projected
crew size.
(g) Application deadline, grace period for renewals, and limitation on appeals after the
deadlines. For commercial marine fishing licenses provided for in §§ 20-2.1-5 and 20-2.1-6, the following provisions shall apply:
(1) Unless otherwise specified in this chapter, an individual qualified to obtain a license
must submit an application to the department of environmental management no later
than the last day of February; a license application shall be deemed valid if submitted
to the department prior to the close of regular office hours on the last day of February
or if postmarked by the last day of February;
(2) Unless otherwise specified in this title, no new or renewed licenses shall be issued
after the last day of February of each year, unless an applicant has submitted an
application by the deadline required by this section;
(3) The department shall notify all license holders, in writing, regarding the December
31 expiration and the renewal deadline no later than November 1 of each year;
(4) For renewals of existing commercial marine fishing licenses that expire on December
31 of the immediately preceding year, there shall be a sixty-day (60) grace period
from the renewal deadline; licenses issued during the grace period shall be subject
to a late fee in the amount of two hundred dollars ($200) in addition to all other
applicable fees;
(5) Except as provided for in subsection (g)(4) of this section or § 20-2.1-5(1)(iii), the department shall not accept any applications submitted after the last day
of February; and
(6) There shall be no right to request an appeal to the department of environmental management's
administrative adjudication division (AAD) for the rejection of any new license applications
submitted after the last day of February, or any license renewal applications submitted
after the sixty-day (60) grace period. In the case of a documented medical condition
that prevents a license applicant from meeting the application requirements, the license
applicant has no more than one year after the expiration of a license to appeal to
AAD. Demonstration of such medical condition shall be in the form of a diagnosis and
prognosis signed by a medical doctor (M.D. or O.D.).
(h) Lost or destroyed licenses and duplicate licenses. Whoever loses, or by a mistake or accident destroys his or her certificate of a commercial
marine fisheries license, may, upon application to the department accompanied by an
affidavit fully setting forth the circumstances of the loss, receive a duplicate certificate
license for the remainder of the year covered by the original certificate, for a fee
of ten dollars ($10.00) for each duplicate license.
(i) Revocation of licenses.
(1) License revocation. The license of any person who has violated the provisions of this chapter, or rules
adopted pursuant to the provisions of this chapter, or rules and regulations that
pertain to commercial fishing and reporting issued pursuant to this title, may be
suspended or revoked by the director as the director shall determine by regulation.
Any person aggrieved by an order of suspension or revocation may appeal this order
in accordance with the provisions of the administrative procedures act, chapter 35 of title 42.
(2) False statements and violations; cancellation of license. Any person who willfully makes a false representation as to birthplace or requirements
of identification or of other facts required in an application for license under this
chapter, or is otherwise directly or indirectly a party to a false representation,
shall be punished by a fine of not more than fifty dollars ($50.00). A license obtained
by any person through a false representation shall be null and void, and the license
shall be surrendered immediately to the director. No license shall be issued under
this title to this person for a period of one year from the date of imposition of
a penalty under this section.
(3) False, altered, forged, or counterfeit licenses. Every person who falsely makes, alters, forges, or counterfeits, or who causes to
be made, altered, forged, or counterfeited, a license issued under this chapter or
title or purporting to be a license issued under this chapter or title, or who shall
have in his or her possession such a license knowing it to be false, altered, forged,
or counterfeit, is guilty of a misdemeanor and is subject to the penalties prescribed
in § 20-1-16.
(j) Expiration. Unless otherwise specified in this title, all licenses issued under this chapter
shall be annual and shall expire on December 31 of each year. It shall be unlawful
for any person to fish commercially in Rhode Island waters on an expired license;
and the application and grace periods set forth in subsections (g)(1) and (g)(4) above
shall not extend the validity of any expired license.
(k) Notice of change of address. Whenever any person holding any commercial fishing license shall move from the address
named in his or her last application, that person shall, within ten (10) days subsequent
to moving, notify the office of boat registration and licensing of his or her former
and current address.