Section 250-RICR-40-00-1.13 - Special Exemption PermitsA. Pursuant to R.I. Gen. Laws § 20-6-11, the Director is hereby authorized to issue a special exemption permit to exempt Department of Health-licensed food processing facilities, Department of Health licensed shellfish dealers, and CRMC and DEM permitted aquaculturists from the one inch (1") minimum size restriction governing bay quahogs. The exemption permit applies only to frozen, packaged, cultured bay quahog products shipped into Rhode Island for redistribution outside of the State or to quahogs subject to removal pursuant to the provisions of R.I. Gen. Laws § 20-10-14.B. To apply for a special exemption permit, a licensed processing facility, shellfish dealer, or aquaculturist must send a letter to the Director requesting said permit. The letter shall include a detailed explanation of the reason for which the special exemption permit is being requested, and shall set forth the proposed dates during which the requested special exemption permit shall be effective. In considering whether to issue a requested permit, the Director shall consider whether additional supporting documentation is required, including but not limited to any CRMC ordered closures or suspensions of aquaculture activities, pathology reports, or other information the Director requests to inform his/her decision. Any permit issued under this Section may have conditions applied by the Department, including but not limited to the date of expiration of the permit, restrictions regarding where undersized quahogs may be sold, the size of quahogs the permit may apply to, and the number of undersized quahogs that may be sold under the permit.C. A person or facility that is issued a special exemption permit is required to comply with all other requirements set forth in this Part, as well as all other applicable statutes and Regulations. In addition, a facility that is issued a special exemption permit is required to comply with any terms, conditions, or restrictions the Director includes within the special exemption permit, which may include restrictions on product forms, sizes, possession requirements, and other provisions in order to maintain the protection of the quahog resource.250 R.I. Code R. 250-RICR-40-00-1.13
Amended effective 2/4/2021
Amended effective 7/14/2021
Amended effective 8/11/2024