§ 20-2.1-5. Resident licenses, endorsements, and fees.
The director shall establish, as a minimum, the following types of licenses and endorsements
set forth in this section. In addition, the director may establish any other classes
and types of licenses and endorsements, consistent with the provisions of this chapter
and with adopted management plans that may be necessary to accomplish the purposes
of this chapter:
(1) Types of licenses.
(i) Standard resident commercial fishing license. Rhode Island residents shall be eligible to obtain a standard resident commercial
fishing license; the license shall allow the holder to engage in commercial fishing
in fisheries sectors dictated by the fishery endorsement(s) associated with the license.
Fishery endorsements shall be established by the department consistent with fishery
management plans developed pursuant to this chapter.
(ii) Multipurpose license. All multipurpose purpose license holders as of December 31 of the immediately preceding
year shall be eligible to obtain a multipurpose license that shall allow the holder
to engage in commercial fishing in all fisheries sectors.
(iii) Student shellfish license. A resident twenty-three (23) years or younger shall pay fifty dollars ($50.00) for
a student commercial license to take shellfish upon provision of proof of full-time
student status. An individual qualified to obtain a license must submit an application
to the department of environmental management no later than June 30; a license application
shall be deemed valid if submitted to the department prior to the close of regular
office hours on June 30 or if postmarked by June 30.
(iv) Over sixty-five (65) shellfish license. A resident sixty-five (65) years of age and over shall be eligible for a shellfish
license to shellfish commercially and there shall be no fee for this license.
(v) Multipurpose vessel license. Any multipurpose license holder shall be eligible to obtain a multipurpose vessel
license that shall allow the vessel owner to designate any operator to engage in commercial
fishing for all marine species aboard their owned vessel, provided the vessel owner
has consigned a multipurpose fishing license to the department. The department may
then re-issue the consigned multipurpose fishing license to the commercially declared
fishing vessel as a multipurpose vessel license. The director has the authority to
limit the number of multipurpose vessel licenses issued annually by rule. The fee
for a multipurpose vessel license shall be one thousand dollars ($1,000).
(2) Fees.
(i) Standard resident commercial fishing license.
(A) Standard resident commercial fishing license plus one limited fishery endorsement:
The fee shall be one hundred fifty dollars ($150).
(B) Standard resident commercial fishing license plus two limited fishery endorsements:
The fee shall be two hundred dollars ($200).
(C) Standard resident commercial fishing license plus three limited fishery endorsements:
The fee shall be two hundred fifty dollars ($250).
(D) Standard resident commercial fishing license plus one unlimited fishery endorsement:
The fee shall be three hundred dollars ($300).
(E) Standard resident commercial fishing license plus one unlimited fishery endorsement
and one limited fishery endorsement: The fee shall be three hundred fifty dollars
($350).
(F) Standard resident commercial fishing license plus two unlimited fishery endorsements:
The fee shall be three hundred seventy-five dollars ($375).
(G) Standard resident commercial fishing license plus one unlimited fishery endorsement
and two limited fishery endorsements: The fee shall be four hundred dollars ($400).
(H) Standard resident commercial fishing license plus two unlimited fishery endorsements
and one limited fishery endorsement: The fee shall be four hundred twenty-five dollars
($425).
(ii) Multipurpose license: The fee shall be four hundred fifty dollars ($450).
(3) Vessel declaration and fees.
(i) The department shall require the owner and/or the operator of a commercial fishing
vessel to declare the vessel on the owner/operator's commercial fishing license. The
declaration shall be made at the time of initial license issuance and each renewal,
or prior to the vessel being used for commercial fishing by the owner and/or operator
if the first usage of the vessel for commercial fishing occurs during the course of
a year after the license has been issued or renewed. If the declaration is for a vessel
of less than twenty-five feet (25′) in length, the declaration shall be transferable
to another vessel less than twenty-five feet (25′) in length, provided the vessel
is identified as a commercial fishing vessel while it is being used for commercial
fishing by displaying a plate as provided in § 20-2.1-4.
(ii) The annual fee for each vessel declaration shall be twenty-five dollars ($25.00) for
the first twenty-five feet (25′) or under, plus fifty cents ($0.50) per foot for each
whole foot over twenty-five feet (25′); this declaration fee shall entitle the holder
to a decal. The holder of a valid decal for twenty-five feet (25′) in length or under
may obtain a plate from the department for display on a vessel twenty-five feet (25′)
in length that is being used temporarily for commercial fishing; the annual fee for
a plate shall be fifteen dollars ($15.00).
(4) Gear endorsements and fees.
(i) Gill net endorsements. A person who holds a multipurpose license, or a vessel with a multipurpose vessel
license, is also eligible to apply for a commercial gill net endorsement in accordance
with the provisions of this section. The fee for a commercial gill net endorsement
shall be twenty dollars ($20.00). Applicants who possessed a gill net endorsement
as of the immediately preceding year may obtain a gill net endorsement for the immediately
following year. New gill net endorsement opportunities shall be established by the
department by rule, pursuant to applicable management plans.
(ii) Other endorsements. The department may establish by rule any endorsements that may be necessary or appropriate
to effectuate the purposes of this chapter and facilitate participation in a specific
fishery; the fee for such endorsement shall not be greater than two hundred dollars
($200). This endorsement shall be issued only in a manner consistent with the general
requirements of this chapter, including specifically those governing residency.
(5) New licenses.
(i) Eligibility. For new standard resident commercial fishing and multipurpose licenses, priority
shall be given to applicants who have held a commercial fishing license for two (2)
years or more; applicants with military service; and applicants who have completed
a department authorized commercial fishing training program, with preference to family
members and crew members of a license holder who is retiring his or her license.
(ii) Priority or preference applicants. A new license shall be granted to priority/preference applicants who have acquired
a vessel and/or gear from a license holder who has retired a license, provided, that
as the result of any such transaction, for each license retired, not more than one
new license may be granted, nor may the nominal effort, including the total number
of licenses, in a fishery subject to effort controls or catch restrictions be increased.
(iii) Availability of new or additional licenses. New standard resident commercial fishing and multipurpose licenses that increase
the total number of licenses in the fishery may be made available by rule consistent
with management plan for issuance effective January 1, in any year, based on status
of resource and economic condition of fishery. Priority for new licenses shall be
given to Rhode Island residents.
(6) Retirement of licenses. Issuance of a commercial fishing license shall not be deemed to create a property
right such that the license can be sold or transferred by the license holder; fishing
licenses shall be surrendered to the state upon their nonrenewal, forfeiture, or revocation.
(7) Issuance of temporary operator permits in cases of medicalhardship. The department shall make available, as necessary, temporary operator permits to
provide solely for the continued operation of a fishing vessel upon the determination
of medical hardship of a license holder who has actively fished. Temporary operator
permits shall be subject at a minimum to the conditions and restrictions that applied
to the license holder.
(8) Issuance of new licenses to family members in cases of medical incapacity. Upon determination of medical incapacity, an actively fished license may be surrendered
to the department for the purpose of the concurrent issuance of a new license to a
resident family member.
(9) Issuance of new licenses upon the sale of a commercial fishing business. Upon the sale of a commercial fishing business, as defined by rule, a new license
may be issued to the buyer upon the surrender of the seller's license to the department
for the purpose of the concurrent issuance of a new license.
(10) Transfer of vessels and gear. Vessels and gear may be sold, transferred, or disposed at the sole discretion of
the owner; provided, however, that the subsequent level of use of the gear may be
restricted in Rhode Island waters in order to accomplish the purposes of a duly adopted
management plan or other duly adopted program to reduce effort.