§ 20-7-11.1. Lobster pots — Tagging — Advisory committee.
(a) Each and every pot, trap, or other device used for the taking of lobsters or crabs
in any of the waters of this state shall bear a color scheme on the attached buoy.
Each applicant for a lobster license shall state the color scheme that the applicant
desires to use. These colors, unless disapproved by the director of environmental
management, shall be stated in the license, and all buoys used by the licensee shall
be marked accordingly. Each licensee shall cause the licensee's color scheme to be
displayed on any lobster boat used by the licensee in the waters of this state. Those
colors shall be painted on the port and starboard sides of the hull in a section not
less than one foot (1′) square, or a clearly painted buoy shall be set at the highest
point on the boat excluding the mast and be visible for three hundred sixty degrees
(360°). The buoy or colors must be prominently displayed on the vessel at all times
that lobster gear fished under that license is in the water.
(b) No person shall place, set, lift, raise, unduly disturb, draw in, or transfer any
pot, trap, or other device used for the taking of lobsters unless the color scheme
of the attached buoy is the same as the color scheme that is on file with the license
application and displayed on the boat used by that person, or unless that person is
duly licensed and possesses written permission from the rightful owner of the pot,
trap, or other device.
(c) The director has the authority to promulgate regulations requiring the tagging of
lobster traps and to establish a fee for official state lobster trap tags. Any fee
collected by the department will be retained by the agency, subject to § 20-2-28.2, to be used for the exclusive purpose of producing and distributing the trap tags
and, if necessary, supporting other lobster fishery management measures, including
enforcement of the trap tag program; provided, however, that: (1) The department shall
not establish a fee to cover any cost other than the cost of trap tags without first
obtaining a recommendation from an advisory committee in accordance with subsection
(d); and (2) The department shall report to the general assembly regarding the need
for the fee to cover any additional cost in accordance with subsection (d).
(d) The department shall create an advisory committee composed of five (5) members of
the lobster industry that utilize trap tags. The director, or the director's designee,
will serve on the committee and act as chairperson. The committee will formulate recommendations
on the expenditure of the funds derived from the tagging program. The department shall
prepare an annual report for submittal to the general assembly that summarizes the
status of the lobster management and trap tag program, management actions, program
needs, and catch and effort data, and that provides an itemized listing of all program
expenses. This report shall be available to the public and provided to each commercial
fishing organization in the state.