Section 250-RICR-40-00-1.8 - Permitting and Licensing RequirementsA. Aquaculture shall only be conducted within the waters of the State in a manner consistent with the best public interest, with particular consideration given to the effect of aquaculture on other uses of the free and common fishery and navigation, and the compatibility of aquaculture with the environment of the waters of the State. Applications shall be reviewed for consistency with R.I. Gen. Laws Title 20 and no license shall be issued or renewed to any person where the application is found to be in conflict with any requirement found in these statutes.B. Aquaculture License: An Aquaculture license from the Director is required for an individual to sell to licensed fish and shellfish dealers cultured crops from an aquaculture lease or facility permitted by CRMC and operated in accordance with the aquaculturist's approved operational plan. 1. Application shall be made on forms as prescribed by the Director and may be submitted at any time during the year. The license shall be issued on a calendar year basis (expiring December 31) with an annual fee of two hundred dollars ($200.00).2. Under no circumstances shall a license be granted for species that are not endemic to Rhode Island, without prior approval from the Director with the advice of the Biosecurity Board. Determination of what species are endemic to Rhode Island shall be determined by the Director.3. No license shall be renewed unless the applicant's aquaculture activities are conducted in accordance with the approved operational plan. The operational plan must be updated, resubmitted to CRMC, and approved by DEM prior to any operational changes.4. License applicants must attend an approved Vibrio Control Training course, as determined by the Director, within two years prior to submittal of the application. License holders must attend an approved Vibrio Control Training course, as determined by the Director, at least once every two years (24 months).C. Coastal Resources Management Council (CRMC) Assent or Permit: An aquaculturist must apply for and receive a Coastal Resources Management Council (CRMC) Assent or permit to conduct aquaculture in accordance with R.I. Gen. Laws Chapter 20-10. No application shall be approved by CRMC prior to the consideration of recommendations by the Department of Environmental Management (DEM) Director, who shall consult with and obtain input from appropriate divisions and offices within the department, the Rhode Island Marine Fisheries Council and the Department of Health. 1. The Director may review the application to determine whether the aquaculture activities proposed in the application are not likely to cause an adverse effect on the marine life adjacent to the area to be subject to the permit and the waters of the State, and not likely to have an adverse effect on the continued vitality of indigenous fisheries of the State, and for consistency with other State statutes as applicable.2. The Rhode Island Marine Fisheries Council (RIMFC) may review the CRMC application to determine whether the aquaculture activities proposed in the application are consistent with competing uses engaged in the exploitation of the marine fisheries. The RIMFC shall provide a recommendation to the CRMC consistent with R.I. Gen. Laws § 20-10-5.D. As applicable or required, a Rhode Island Pollutant Discharge Elimination System (RIPDES) permit shall be obtained from DEM Office of Water Resources.E. Water quality at any site used for open water aquaculture or land-based aquaculture must meet the water quality criteria appropriate to the aquaculture activity as determined by the DEM Office of Water Resources. As applicable or required, a Water Quality Certification shall be obtained from DEM Office of Water Resources.250 R.I. Code R. 250-RICR-40-00-1.8
Amended effective 2/4/2021
Amended effective 7/14/2021
Amended effective 8/11/2024