§ 20-4-14. Direct sales.
(a) The director of the department of environmental management pursuant to the authority
and provisions of this title shall issue and enforce rules, regulations, and orders
with respect to the following matters and activities:
(1) Authorizing the transportation and sale of allowable species of live lobsters, live
crabs, and live whelk by the holder of a license issued pursuant to subsection (a)(2),
or by the authorized agent/crewmember of the license holder, from the vessel or dockside
from the vessel on which the seafood was harvested to a consumer or licensed seafood
retailer; and
(2) Issuance of a direct sale dealer license to applicants possessing a resident commercial
fishing license or resident landing permit, and who provide documentation to the satisfaction
of the director that the applicant has permission or authority from both the property
owner and the municipality of the location where the sales subject to the provisions
of subsection (a)(1) shall be conducted.
(b) Rules, regulations, and orders promulgated by the director pursuant to subsection
(a) shall include the following provisions:
(1) Only the licensee, or a regularly employed crewmember of the licensee, may sell allowable
species under the direct sale dealer license. To be eligible to conduct such sales,
a crewmember must first receive written authorization from the licensee. Such authorization
shall be in the form of a typewritten statement, signed and dated by the licensee,
that expressly authorizes the crewmember to act on behalf of the licensee with regard
to direct sales. The statement shall further specify: the name of the crewmember;
the name of the vessel from which the sales are conducted; and the month and year
that the crewmember began working on the vessel. The statement shall be kept on the
vessel and be available at all times for inspection by department personnel. A crewmember
who is acting on behalf of a licensee must comply with all applicable regulations
governing direct sales, as set forth in this subsection, and the licensee shall be
responsible for any violations of regulations by the crewmember;
(2) All direct sale activities must be conducted in a manner consistent with applicable
federal, state, and municipal laws, regulations, and polices governing port and marina
operations;
(3) Lobsters, crabs, and whelk must be sold live;
(4) Finfish may be headed, gutted, and bled dockside from the vessel. No other processing
may be done dockside from the vessel;
(5) Transporting is limited to lobsters, crabs, and whelk harvested from individual vessels
and sold and transported by the individual harvester or affiliated crewmembers. The
name of the vessel and license holder, provided in writing and legible, must accompany
all transported lobsters, crabs, and whelk; and
(6) All seafood must be stored and handled in a safe and sanitary manner pursuant to department
regulations.
(c) Nothing in this section shall be construed to permit:
(1) The direct sale of histamine producing fish, including bluefish, tuna, mackerel, herring,
mahi mahi, bonito, swordfish, marlin, sailfish, wahoo, anchovy, sardines, shad, menhaden
as well as amberjack, escolar, hind, jack, kahawai, milkfish, saury, scad, spearfish,
sprat and trevally, and striped bass; or
(2) The transportation for sale of finfish to consumers and/or retailers. All sales of
finfish must be sold dockside from the vessel.