250 R.I. Code R. 250-RICR-90-00-1.5

Current through December 26, 2024

Section 250-RICR-90-00-1.5 - Possession Limit and Vessel Operating Compliance

A. General

1. In any instance when there is a violation of the size, possession, or daily limit on board a vessel carrying more than one (1) person when the catch is commingled, the violation shall be deemed to have been committed by the owner of the vessel, or the operator of the vessel, if the owner is not on board.

2. For any given species, no licensed person or vessel shall land more than one (1) possession limit per specified time period, i.e., calendar day, week, or bi-week, whether or not utilizing a vessel, unless authorized elsewhere in this Subchapter.

B. Vessels operating recreationally

1. Any vessel, including a commercially declared and/or licensed party/charter vessel, may operate recreationally in accordance with all applicable recreational Regulations.

2. With regard to all species that are not subject to per-vessel restrictions, compliance with possession limits while operating recreationally shall be determined by dividing the total number of fish aboard the vessel by the total number of licensed or exempt recreational fishers or spearfishers aboard the vessel.

3. If a vessel makes more than one (1) recreational trip per day, the catches attributable to the same licensed or exempt fishers or spearfishers who go out again are cumulative.

C. Party/charter vessels

1. Only vessels licensed in accordance with R.I. Gen. Laws § 20-2-27.1 may operate as a party or charter vessel.

2. A vessel is operating as a party or charter vessel whenever the vessel is carrying one (1) or more passengers for hire for the purpose of engaging in recreational fishing or spearfishing.

3. Unless otherwise specified in this Subchapter, vessels operating as a party or charter vessel must adhere to recreational Regulations.

4. With regard to all species that are not subject to per-vessel restrictions, compliance for party/charter vessels operating recreationally shall be determined by dividing the total number of fish aboard the vessel by the total number of anglers or spearfishers aboard the vessel.

5. If a party/charter vessel makes more than one (1) recreational trip per day, any marine species possessed by the captain and mate are cumulative.

6. Vessels making more than one (1) trip per calendar day must have the first electronic trip report for the first trip completed prior to the initiation of the second (2nd) fishing trip on the same day.

D. Vessels operating commercially

1. Only vessels that are commercially declared may operate as a commercial vessel.

2. A vessel is operating commercially whenever the vessel is engaged in the process of taking, harvesting, holding, transporting, loading or off-loading marine species for sale or intended sale.

3. Vessels making more than one (1) trip per calendar day must have onboard a Rhode Island catch and effort logbook or a Federal VTR, and the logbooks or VTRs must be completed prior to the initiation of the second (2nd) fishing trip on the same day. An exemption from carrying the Rhode Island catch and effort logbook shall be granted for vessels which are operated by licensed captains who are enrolled and currently active participants in an approved electronic reporting program. The electronic report of the first (1st) fishing trip must be entered prior to the initiation of the second (2nd) fishing trip on the same day.

4. For all commercial fisheries except shellfish, any number of unlicensed crews may assist in direct commercial harvest operations regardless of the manner, method or contrivance employed, as long as said crew is/are located onboard a commercially declared vessel that is operated by an individual who possesses a valid and proper commercial fishing license and is/are under the direct supervision and responsibility of said properly licensed commercial fisher. With respect to commercial shellfish operations, unlicensed crews may only assist with culling activities and other indirect harvest operations, while said crew is/are located onboard a commercially declared vessel that is operated by an individual who possesses a valid and proper commercial fishing license and is/are under the direct supervision and responsibility of said properly licensed commercial fisher.

5. A vessel operating commercially may not possess or land more than the per-vessel limit; however, a portion of the catch may be retained for (non-commercial) personal use, provided that the amount of fish retained for personal use must be recorded in the licensee's commercial trip report.

E. Vessels Operating in More Than One Mode

1. On a per trip basis, a vessel may only operate recreationally, or as a party or charter vessel, or commercially. No vessel may operate in more than one (1) mode during the same trip.

2. A vessel that is commercially declared may operate commercially during one (1) trip in a calendar day and operate recreationally or as a party/charter vessel during a separate trip on the same day, subject to separate and non-overlapping commercial and recreational or party/charter Regulations.

3. Upon boarding or inspection, the captain or operator of a commercially declared vessel must disclose whether the vessel is operating commercially, or as a party or charter vessel, or recreationally.

F. Weekly and bi-weekly possession limits: In any instance where the first (1st) week in a given sub-period begins on any day other than Sunday, or the last week in a given sub-period ends on any day other than Saturday, resulting in a shortened week or bi-week, the following shall apply:

1. A person may land a full weekly or bi-weekly possession limit; and

2. The cumulative landings must occur during the shortened week or bi-week.

250 R.I. Code R. 250-RICR-90-00-1.5

Amended effective 12/6/2018
Amended effective 1/23/2020
Amended effective 5/14/2020
Amended 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