§20-2.1-3  Definitions. –

Link to law: http://webserver.rilin.state.ri.us/Statutes/TITLE20/20-2.1/20-2.1-3.HTM
Published: 2015

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TITLE 20

Fish and Wildlife

CHAPTER 20-2.1

Commercial Fishing Licenses

SECTION 20-2.1-3



   § 20-2.1-3  Definitions. –

For the purposes of this chapter the following terms shall mean:



   (1) "Basic harvest and gear levels" means fishery-specific

harvest and/or gear levels, established and regularly updated by the department

by rule, which, in a manner consistent with the state or federally sanctioned

management plans or programs that may be in effect, and to the extent possible

given those plans and programs, provide a maximum level of participation for

commercial fishing license holders in accordance with applicable endorsements.



   (2) "Commercial fisherman" means a natural person who

catches, harvests, or takes finfish, crustaceans, or shellfish from the marine

waters for sale.



   (3) "Council" means the marine fisheries council established

by chapter 3 of this title.



   (4) "Crustaceans" means lobsters, crabs, shrimp, and for

purposes of this chapter it also includes horseshoe crabs.



   (5) "Director" means the director of the department of

environmental management.



   (6) "Endorsement" means the designation of a fishery in which

a license holder may participate at either basic or full harvest and gear

levels. Endorsement categories and levels shall be established annually by the

department by rule, based on the status of the various fisheries, the levels of

participation of existing license holders, and the provisions of applicable

management plans or programs. At a minimum, endorsement categories and

endorsement opportunities shall include, but may not be limited to: non-lobster

crustacean; lobster; non-quahaug shellfish; quahaug; non-restricted finfish;

and restricted finfish. Endorsements, when available, shall be issued in

accordance with applicable qualifying criteria.



   (7) "Finfish" means cold-blooded aquatic vertebrates with

fins, including fish, sharks, rays, skates, and eels and also includes, for the

purposes of this chapter, squid.



   (8) "Fisheries sectors" means and comprises crustaceans,

finfish, shellfish, as defined in this section, each of which shall singularly

be considered a fishery sector.



   (9) "Full harvest and gear levels" means fishery-specific

harvest and/or gear levels, established and regularly updated by the department

by rule, which, in a manner consistent with the state or federally sanctioned

management plans or programs that may be in effect, and to the extent possible

given those plans and programs, provide a maximum level of participation for

principal effort license holders in accordance with applicable endorsements and

for all multi-purpose license holders.



   (10) "Shellfish" means quahogs, clams, mussels, scallops,

oysters, conches, and mollusks in general other than squid.



   (11) "Student commercial fisherman" means a resident

twenty-three (23) years of age or younger who is a full-time student.



   (12) "February 28" means the twenty-eighth (28th) day in the

month of February or the next business day if February 28 falls on a Saturday

or Sunday for the purpose of application submittals and renewal deadlines.



   (13) "Medical hardship" means a significant medical condition

that prevents a license applicant from meeting the application requirements.



   (14) "Grace period" means sixty (60) calendar days commencing

February 28, as defined herein, and shall only apply to renewals of licenses

from the immediately preceding year; provided, that for calendar year 2004 the

grace period shall be ninety (90) calendar days commencing February 29, 2004.



History of Section.

(P.L. 2002, ch. 47, § 4; P.L. 2004, ch. 8, § 3; P.L. 2004, ch. 16,

§ 3.)