250 R.I. Code R. 250-RICR-90-00-1.10

Current through December 26, 2024

Section 250-RICR-90-00-1.10 - Definition of Terms

A. "Activity standard" means a level of fishing participation used to establish criteria for the issuance of new licenses.

B. "Adequately iced" means the amount and application of ice sufficient to ensure that immediate cooling begins and continues for all shellfish. Ice should be produced from a potable water source and shall be maintained to prevent contamination of shellfish.

C. "Affidavit" means a sworn statement of facts made under oath as to the truthfulness therein, and made before an authorized person such as a Notary Public. For the purposes of these Rules and Regulations, affidavits must be on forms provided by the Department.

D. "Agent" means a representative of a licensed dealer with a place of business in the State of Rhode Island wherein transaction records of said dealer are maintained and available for inspection during normal business hours.

E. "Air-assisted equipment " means an air compressor or any device capable of pressurizing air/gas or compressed gas in a tank, to power any device designed to disturb the substrate, create a vacuum effect or sediment displacement effect in collection of aquatic species.

F. "Anadromous fish" means any species of fish which ascends rivers or streams from the sea for breeding purposes (e.g., Alewife, Salmon, Shad).

G. "Angling" means to fish recreationally using hook and line.

H. "Approved waters" or "Approved growing areas" means marine waters of the State that have been classified by the DEM Division of Water Resources as Approved Areas, fit for the taking of shellfish for human consumption on a regular basis, in accordance with the criteria established by the National Shellfish Sanitation Program (NSSP) Manual of Operations. These classifications may be subject to change as water quality conditions dictate.

I. "Bait gill net" means a gill net not exceeding one hundred feet (100') nor exceeding a mesh size greater than three and three quarters inches (3-3/4") (stretched).

J. "Bay scallop dredging" means the towing of a bay scallop dredge during the established bay scallop dredging season.

K. "Bay scallop seed" means a bay scallop with a bright, thin, slightly curved shell with no foreign adherent, the shell having no well-defined raised annual growth line, and the bay scallop being less than one (1) year old.

L. "Beach seine" means a seine that is deployed from the shore.

M. "Bill of lading" means an invoice which identifies a shipment of fish, shellfish or crustaceans as to seller, buyer, source, type, quantity and sale price.

N. "Bi-week" means a two (2) week period beginning 12:00 A.M. on a Sunday and ending on the second (2nd) Saturday at 11:59 P.M.

O. "Bullrake" means any curved metal instrument or basket with four (4) or more metal tines (teeth) which is customarily used to harvest quahaugs.

P. "Bycatch" means marine species which have been harvested, but which are not sold or kept for personal use and includes species that are discarded while a fisher is directing his/her effort toward the harvest of another marine species.

Q. "Bushel" means a standard U.S. bushel, 2150.4 cubic inches capacity.

R. "Catadromous fish" means any species which lives in fresh water, but must go to sea for breeding purposes (e.g., American eel, Anguilla rostrata).

S. "Carapace" means the un-segmented body shell of the American lobster.

T. "Carapace length" means the length of a lobster measured from the rear of the eye socket along a line parallel to the center of the body shell to the rear of the body shell.

U. "Circle hook" means a non-offset hook where the point is pointed perpendicularly back towards the shank.

V. "Coastal salt pond" means a salt or brackish pond connected to the ocean or other coastal salt pond by a coastal salt pond channel, and includes, but may not necessarily be limited to, the following:

Coastal Pond	Town
Quicksand	L. Compton
Tunipus	L. Compton
Briggs Marsh	L. Compton
Ship Pond Cove	L. Compton
Long	L. Compton
Round	L. Compton
Nonquit	Tiverton
Nannaquaket	Tiverton
Pettaquamscutt (Narrow)	Narragansett/N. Kingstown
Point Judith	Narragansett/S. Kingstown
Potter	South Kingstown
Card	South Kingstown
Trustom	South Kingstown
Green Hill	S. Kingstown/Charlestown
Ninigret (Charlestown)	Charlestown
Quonochontaug	Charlestown/Westerly
Winnapaug	Westerly
Little Maschaug	Westerly
Maschaug	Westerly
Great Salt	Block Island
Trim	Block Island
Harbor	Block Island

W. "Coastal salt pond channel" means a natural or man-made, temporary or permanent waterway, allowing for the passage of water to and from any coastal salt pond. Distances (in feet) describing the following salt pond channel areas are measured from the seaward extremity of any channel to a point measured in a northerly direction, or as specifically described herein.

1. Coastal Salt Pond Channel Distances X. "Codend" means the terminal section of a trawl net in which captured fish may accumulate, and is further defined as the last forty-five (45) rows of meshes in the terminal section of the net.

Pond/Channel	Town	Distance
Quicksand	L. Compton	750'
Tunipus	L. Compton	200'
Briggs Marsh	L. Compton	600'
Ship Pond Cove	L. Compton	200'
Long	L. Compton	400'
Round	L. Compton	250'
Nonquit (Puncatest)	Tiverton	1,800'
Nannaquaket (measured from the mouth of the Quaket River to the eastern side of the Nannaquaket Bridge abutment)	Tiverton	400'
Narrow/Pettaquamscutt	Narragansett/N. Kingstown	3,850'
Point Judith (measured in a northerly direction from the mouth of the Point Judith Breachway to a line drawn from Strawberry Hill Point on the east to High Point on the west)	Narragansett/S. Kingstown	6,000'
Potter (measured from the western entrance of Potter Pond channel to the eastern tip of Gooseberry Island in Point Judith Pond)	South Kingstown	2,800'
Card	South Kingstown	200'
Trustom	South Kingstown	500'
Green Hill: Potato Point (measured from the easternmost point of Stevens Island in Ninigret/Charlestown Pond to the westernmost point of Potato Point in Green Hill Pond)	S. Kingstown/Charlestown	1,800'
Ninigret/Charlestown	Charlestown	3,200'
Quonochontaug	Charlestown/Westerly	2,800'
Winnapaug/Brightman	Westerly	2,800'
Little Maschaug	Westerly	250'
Maschaug	Westerly	300'
Great Salt	Block Island	1,800'
Trim	Block Island	850'
Harbor	Block Island	1,000'

X. "Codend" means the terminal section of a trawl net in which captured fish may accumulate, and is further defined as the last forty-five (45) rows of meshes in the terminal section of the net.

Y. "Colregs demarcation line" means the lines of demarcation, as defined on National Oceanic and Atmospheric Administration chart #13221, delineating those waters upon which mariners must comply with the international regulations for preventing collisions at sea, and those waters upon which mariners must comply with the inland navigation rules. For Point Judith the "Port" is to be all waters inside of and north of the southern end of the riprap wall at Salty Brine State Beach so-called. The demarcation lines for Block Island are as follows: the area enclosed by the breakwaters at Old Harbor, and the entirety of Great Salt Pond so called.

Z. "Commercial fisherman" means a natural person licensed to catch, harvest, or take marine species from the marine waters for sale.

AA. "Commercial fishing" means to take, harvest, hold, transport, or off-load marine species for sale or intended sale.

BB. "Commercial fishing vessel" means any vessel, boat or craft employed in the harvesting of marine species commercially, which shall first be declared with the Department.

CC. "Conditionally approved waters" means shellfish grounds underlying waters examined and found fit for the taking of shellfish for human consumption on an intermittent basis, declared by the Director as conditionally approved waters pursuant to R.I. Gen. Laws §§ 20-8.1-3 and 20-8.1-4. Such classification may be subject to change as water quality conditions dictate.

DD. "Constantly tended" means that a person setting a net shall remain within one hundred feet (100') of the net at all times.

EE. "Container" means any bag, sack, tote, or other receptacle that contains shellfish to be held or transported.

FF. "Control date" means a cutoff date for potential use in establishing eligibility criteria for future access to a fishery.

GG. "Crab pot" means any pot designed or adapted principally for the catching or taking of crabs.

HH. "Council" means the Rhode Island marine fisheries council established by Chapter 3 of this Title.

II. "Crew" means a person, aged sixteen (16) or older, employed for purposes of assisting in the operation of a commercial fishing vessel and its gear by another person licensed to fish commercially pursuant to Part 2 of this Subchapter.

JJ. "Crustaceans" means lobsters, crabs, shrimp, and for purposes of this Chapter, horseshoe crabs

KK. "Cultured crops" means aquatic or marine animals or plants that are in the location, water column or artificial conditions specified in a valid aquaculture permit; or that have been taken by the holder of such permit from the location, water column or artificial conditions specified in such permit; or that have been produced by aquaculture methods outside the State and have not been commingled with wild stocks that are in or have been removed from the waters of the State. Appropriate bills of sale, bills of lading and proper tags and all other applicable State and Federal laws and Regulations shall be prima facie evidence of the origin of cultured crops inside or outside the State.

LL. "Day" means a calendar day, or the twenty-four (24) hour period of time beginning at 12:00 A.M. and ending at 11:59 P.M.

MM. "Dealer" means a person licensed to barter or trade in marine species.

NN. "Director" means the Director of the Department of Environmental Management or his or her duly appointed agents.

OO. "Discards" means marine species that are discarded overboard by fishers because their possession is prohibited by regulations or for economic reasons.

PP. "Disposition" means the intended use or fate of landed marine species after leaving the dealer premises (e.g., food, or bait).

QQ. "Dredge" means a mechanical device that is towed behind a fishing vessel and whose purpose is to collect shellfish from the sea floor.

RR. "Drift gill net" means a floating gill net that is floating unattached to the ocean bottom and not anchored, secured, or weighted to the ocean bottom.

SS. "Dual federal permit/state license holder" means a person who holds both a Federal Limited Access Lobster Permit and a State of Rhode Island Commercial Fishing License endorsed for American lobster.

TT. "Eel trap/pot" means any pot or trap designed or adapted principally for the catching or taking of American eels.

UU. "Exclusive economic zone" or "EEZ" means those waters three (3) to two hundred (200) miles (five (5) to three hundred twenty-two (322) kilometers) offshore which are under the direct jurisdiction of the Federal government.

VV. "Exit/entry ratio" means the number of restricted license endorsements made available for each endorsement surrendered to the Department, on an annual basis.

WW. "Family member" means a spouse, mother, father, brother, sister, child or grandchild of license holder of the transferor of a commercial fishing license. Spouse shall include a person who is currently a party to a marriage that was legally recognized in the State or Territory in which the marriage was solemnized.

XX. "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.

YY. "Fishery" means one (1) or more stocks of marine species which can be treated as a unit for purposes of conservation and management and which are identified on the basis of geographic, scientific, technical, recreational, and economic characteristics; and any fishing for such stocks.

ZZ. "Fishery Endorsement" means the authorization for a license holder to participate in a designated fishery sector at a limited or unlimited level.

AAA. "Fishery performance" means properly documented commercial lobster fishing activity; namely pounds landed and traps fished in LCMA 2 during the applicable qualifying period.

BBB. "Fishery sectors" means and comprises crustaceans, finfish, shellfish, as defined in this Section, each of which shall singularly be considered a fishery sector.

CCC. "Floating fish trap" means a floating trap, weir, pounds net, or any equivalent contrivance set on, in or anchored to the bottom or shore, used for the purpose of catching fish.

DDD. "Fork length" means the straight linear distance from the tip of the snout to the fork of the tail.

EEE. "Fyke net" means a conical shaped net supported by hoops, which also utilizes a leader to direct fish to the net.

FFF. "Gear" means any device or mechanism other than a vessel employed to catch marine species.

GGG. "Gill net" means a net used to catch fish by means of meshing or entanglement.

HHH. "Grace period" means sixty (60) calendar days commencing on the last day of February and shall only apply to renewals of licenses from the immediately preceding year.

III. "Grade" means the landing condition of each marine species (e.g., whole, gutted).

JJJ. "Harbor of refuge breakwater" means the three (3) sections of breakwater off of Point Judith in the town of Narragansett.

KKK. "Harvest" means the act of removing a marine species with the intention of not returning it to the water.

LLL. "Hinge width" means the distance between the convex apex of the right shell and the convex apex of the left shell.

MMM. "Incidental catch" means unintended harvest of non-targeted marine species, which may be sold or kept for personal use, as established by rule.

NNN. "Initial LCMA 2 LTA" means the initial (maximum) number of lobster traps authorized in 2007 to be fished by an individual permit or license holder in LCMA 2.

OOO. "Land" or "landing" means to offload marine species harvested within or outside of Rhode Island waters for sale or intended sale, or to secure a vessel with marine species on board to a shoreside facility where the marine species may be offloaded for sale or intended sale.

PPP. "LCMA 2 lobster trap allocation" or "LTA" means the maximum number of lobster traps authorized to be fished by an individual permit or license holder in LCMA 2.

QQQ. "Licensed captain" means a person who holds or held a valid commercial fishing license issued by the Department.

RRR. "License year" means January 1 of any given year through December 31 of the same year.

SSS. "Lobster pot" means any pot designed or adapted principally for the catching or taking of lobsters or Jonah Crab.

TTT. "Lottery" means any of a variety of procedures used to determine priority in the issuance of new licenses or permits in cases where only a limited number of new licenses are available; such procedures having the common characteristics of being verifiably blind, random, fair and equitable.

UUU. "LTA transfer" means a change in ownership of a partial or entire Department or NOAA Fisheries-issued LTA by a person.

VVV. "LTA transferor" means the license or permit holder from whom an LTA transfer is made.

WWW. "LTA transferee" means the person or fishing vessel to whom/which an LTA transfer is made.

XXX. "Marine species" means any animal species found in the marine waters of Rhode Island, including but not limited to finfish, shellfish, crustaceans, and squid.

YYY. "Marine waters of Rhode Island" means all tidal and territorial waters of the State out to three (3) nautical miles from the coastline.

ZZZ. "Mechanical power" means any source of energy or power other than exclusively human power.

AAAA. "Mechanical refrigeration" means storage in a container that is approved by the Rhode Island Department of Health and capable of cooling to, and maintaining, an ambient temperature of forty-five degrees Fahrenheit (45° F) or less.

BBBB. "Medical hardship" means a significant medical condition that renders an active licensed person unable to fish for a period in excess of fourteen (14) days, either as a result of the physical loss of function or impairment of a body part or parts, or debilitating pain. Demonstration of the medical hardship shall be in the form of a diagnosis and prognosis signed by a medical doctor (M.D. or O.D.).

CCCC. "Medical Incapacity" means death or injury that renders an active license holder permanently unable to actively fish. Demonstration of medical incapacity shall be in the form of a death certificate, or a diagnosis and prognosis signed by a medical doctor (M.D. or O.D.).

DDDD. "Narragansett Bay" means the marine waters of the east and west passages of Narragansett Bay, the Sakonnet River, Mount Hope Bay, the Providence River and Seekonk River north of the Colregs line.

EEEE. "Netting" means a meshed fabric which exceeds eight feet (8') in length or width including, but not be limited to seines, weirs, fyke nets, otter trawls, and gill nets.

FFFF. "Non-resident" means a person who does not present proof of Rhode Island residency.

GGGG. "Non-resident landowner" means a non-resident citizen of the United States and owner of real estate in Rhode Island as evidenced by deed filed in the Recorder of Deeds office in a Rhode Island town or city hall.

HHHH. "Obstructing the free passage of fish" means the blocking of a stream, river, or pond so as to impede the passage of anadromous and/or catadromous fish, e.g., shad, alewife, and the American eel.

IIII. "Offload" means to begin to remove, to remove, to pass over the rail, or otherwise take away fish from any vessel.

JJJJ. "Open to the sea" means a coastal salt pond will be considered open to the sea if any flow of water connects coastal salt pond with the sea.

KKKK. "Original lobster trap tags" means those trap tags available for purchase to a Rhode Island Commercial License holder or a Federal Limited Access Lobster Permit holder based on their lobster trap allocation, including an additional ten percent (10%) over-allotment to allow for routine trap or tag losses.

LLLL. "Other endorsement" means the authorization for a license holder or vessel to participate in a designated activity.

MMMM. "Overfishing" or "Overfished" means a rate or level of fishing mortality that jeopardizes the capacity of a fishery to produce the maximum sustainable yield on a continuing basis.

NNNN. "Party vessel" or "Charter vessel" means any vessel that carries passengers for hire to engage in fishing.

OOOO. "Peck" means one fourth (1/4) of a bushel.

PPPP. "Permanently disabled" means a person who is one hundred percent (100%) permanently disabled in accordance with R.I. Gen. Laws §§ 20-2-31 and 20-2.2-3.

QQQQ. "Person" means an individual, corporation, partnership, co-partnership, association, private or Municipal Corporation, or other legal entity firm.

RRRR. "Place of business" means a building or office located in the State of Rhode Island where a licensed fish dealer maintains records of sales and purchases which are available for inspection by the Department during normal business hours.

SSSS. "Polluted area" means shellfish grounds underlying waters examined and found to be unfit for the taking of shellfish for human consumption declared by the Director as polluted areas pursuant to R.I. Gen. Laws §§ 20-8.1-3 and 20-8.1-4. For the purposes of any criminal or civil proceeding instituted under this Chapter, a declaration by the Director shall be prima facie evidence of a polluted area.

TTTT. "Port" means any town or city with a harbor and docking facilities where vessels can land.

UUUU. "Possession" means the exercise of dominion or control over the resource commencing at the time at which a decision is made not to return the resource to the immediate vicinity from which it was taken. The decision must be made at the first practical opportunity.

VVVV. "Possession limit" means the maximum quantity of marine species that may be possessed by a vessel or person per specified period of time (i.e., day or week) regardless of the means by which the marine species may have been taken.

WWWW. "Pot" or "Trap" means any stationary bottom-fishing contrivance or device made of wood, wire mesh, or plastic mesh, fished individually or linked by a common line and generally baited; used to catch finfish, crabs, conchs, or lobsters that enter through a conical or rectangular opening where escape is difficult.

XXXX. "Power hauling" means the raising or moving of fishing implements including dredges, rakes, tongs, or other apparatus used to harvest marine organisms from the waters of the State or the underlying sediment.

YYYY. "Quota" means the maximum weight or number of marine species which can legally be landed within a stated time period.

ZZZZ. "Recreationally fishing" means the process of taking marine species by any means (e.g., hook and line, net, spear, pot, or powerhead) for personal use and not for sale.

AAAAA. "Resident" means a person who has had his or her actual place of residence and has lived in the State of Rhode Island for a continuous period of not less than six (6) months. Proof of residence may include a Rhode Island driver's license, voter registration card or a notarized statement from a City or Town Clerk.

BBBBB. "Season" means a period of time established by Regulation during which management Rules specific to that period are in effect.

CCCCC. "Seine" means any net used to catch fish by encirclement or herding that hangs vertically in the water with its bottom edge held down by weights and its top edge buoyed by floats.

DDDDD. "Shading" means to shelter by intercepting the direct rays of the sun to protect the shellfish from heat. Shading may be accomplished by any means that effectively protects the harvested shellfish from direct sunlight and prevents excessive heat build-up in the shaded area.

EEEEE. "Shellfish" means any molluscan species growing in Rhode Island tidal waters, including, but not limited to, bay quahaug, ocean quahaug, blue mussel, oyster, soft shell clam, bay scallop, and surf clam.

FFFFF. "Shellfish grounds" means all land underlying waters within the rise and fall of the tide and the marine limits of the jurisdiction of the State.

GGGGG. "Shellfish harvest tagging area" means the marine waters of the State where shellfish are harvested (refer to http://www.dem.ri.gov/programs/marine-fisheries/shelltag.php).

HHHHH. "Shoreward" means that point or end of any net which is closest/nearest the coast or the closest coastal outcropping.

IIIII. "Sink gill net" means any bottom tending gill net that is designed to be or is fished on or near the bottom of the water column by means of a weight line or enough weights and/or anchors that the bottom of the gill net sinks to, on, or near the ocean bottom.

JJJJJ. "Shoredigging" means the taking of shellfish from shallow areas or the intertidal zone of the waters of the State without the use of a boat or SCUBA gear and when body contact is made with the bottom substrate.

KKKKK. "Take" or "taking" means the process and each of the activities in that process undertaken to remove the resource from its natural habitat until the time at which possession begins.

LLLLL. "Temperature control" means the use of ice or mechanical refrigeration, which is capable of lowering the temperature of the shell stock and maintaining it at fifty degrees Fahrenheit (50° F) or less.

MMMMM. "Tongs" means any shellfishing implement constructed with heads attached to stales (handles) and pinned at a pivot point to allow the opening and closing of the basket mouth formed by the two.

NNNNN. "Total length" means the straight linear distance from the tip of the snout to the end of the tail of a finfish species. All finfish species' minimum sizes are measured as total length, except for coastal sharks, in which minimum size is measured by fork length.

OOOOO. "Transaction records" means invoices or similar records of the purchase marine species by a licensed dealer, which identify the boat, license holder, the Rhode Island dealer name, and the date sold, species landed, pounds landed, name of the seller, and license number of the seller.

PPPPP. "Trawl devices" means any type of fishing apparatus drawn behind a vessel which consists of otter doors and/or ground cables, ropes, and/or netting, including, but not be limited to beam trawls, otter trawls, Scottish seines, and pair trawls.

QQQQQ. "Trip" means a fishing voyage beginning with the departure from any port and terminating with the return to any port regardless of the duration of time.

RRRRR. "Trip level data" means data reported to the detail of each individual fishing trip.

SSSSS. "V-notched female American lobster" means any female American lobster with a v-notch mark, or the remnant of a healed v-notch mark in the end part of the right tail flipper adjacent to the middle tail flipper, or any lobster which is mutilated in such a manner which could hide, obscure, or obliterate such a mark, including a missing right tail flipper. A v-notch shall be a notch or the remnant of a healed notch, with or without setal hairs, at least one eighth of an inch (1/8") in depth. Any licensed/permitted commercial fisherman required or authorized to mark lobsters with a v-notch mark in LCMA 2 shall make a v-notch mark by means of a sharp-blade instrument, at least one quarter of an inch (1/4") and not greater than one half of an inch (1/2") in depth and tapering to a sharp point. The flipper to the right of the center flipper will be examined when the underside of the lobster is down and its tail is toward the person making the determination.

TTTTT. "Vessel" means every description of watercraft, other than a seaplane on the water, used, or capable of being used as a means of transportation on water.

UUUUU. "Water-assisted equipment" means a water pump or pressurized water or device designed to disturb the substrate, create a vacuum effect or sediment displacement, in the attempt to collect aquatic species.

VVVVV. "Week" means a calendar week, or the period beginning on Sunday at 12:00 A.M. and ending on 11:59 P.M. of the immediately following Saturday.

WWWWW. "Weir" means a barrier of interwoven twine, branches, or other material used to catch fish.

XXXXX. "Wet storage" means the temporary storage of shellfish (from growing areas) in the approved classification or in the open status of the conditional approved classification in containers or floats in natural bodies of water or in tanks containing natural or synthetic seawater; this includes flow-through systems.

YYYYY. "Whelk pot" means any pot designed or adapted principally for the catching or taking of whelks.

250 R.I. Code R. 250-RICR-90-00-1.10

Adopted effective 8/20/2020
Amended effective 3/10/2021
Amended effective 4/30/2023
Amended effective 1/8/2024
Amended effective 7/20/2024
Amended effective 11/18/2024