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.)