250 R.I. Code R. 250-RICR-90-00-1.6

Current through December 26, 2024

Section 250-RICR-90-00-1.6 - Transiting

A. Finfish

1. During the closure of a Rhode Island State-allocated fishery quota, a Federally-permitted vessel fishing in the Exclusive Economic Zone may transit Rhode Island State waters for the purpose of landing that species in another State, provided the vessel is in compliance with their Federal permit, and the vessel nets are stowed.

2. A Federally-permitted vessel fishing in the Exclusive Economic Zone, and operated by a person who does not hold a valid Rhode Island Fishing License, may transit Rhode Island State waters for the purpose of landing a species in Rhode Island, provided that the species in possession do not have a State-allocated quota that is currently closed, provided the vessel is in compliance with their Federal permit, provided the vessel nets are stowed, and provided that the owner or operator possesses a valid Rhode Island Landing License.

3. A vessel in possession of a regulated species harvested in an open area of State waters may transit a closed portion of State waters in possession of that species for the purpose of landing, provided the operator of the vessel has a valid fishing license, and if fishing with nets, the nets are stowed.

4. A vessel fishing in the Exclusive Economic Zone, and in possession of a regulated species, must adhere to all applicable Rules and Regulations governing commercial fishing operations, including but not limited to seasons, possession limits, offloading hours, gear stowage requirements, and reporting and record-keeping requirements.

B. Shellfish

1. During the closure of a Rhode Island shellfish fishery, a federally permitted vessel fishing in the Exclusive Economic Zone may transit Rhode Island State waters for the purpose of landing that species in another State, provided the vessel is in compliance with their Federal permit, and all gear capable of harvesting shellfish is stowed and not engaged in the act of taking or harvesting while transiting State waters.

2. A Federally-permitted vessel fishing in the Exclusive Economic Zone, and operated by a person who does not hold a valid Rhode Island Fishing License, may transit Rhode Island State waters for the purpose of landing a species in Rhode Island, provided that the species in possession do not have a State-allocated quota that is currently closed, provided the vessel is in compliance with their Federal permit, and provided that all gear capable of harvesting shellfish is stowed and not engaged in the act of taking or harvesting while transiting State waters, and provided that the owner or operator possesses a valid Rhode Island Landing License pursuant to Part 2 of this Subchapter.

C. Stowage of nets: A net that conforms to one (1) of the following specifications and that can be shown not to have been in recent use is considered to be "not available for immediate use."

1. A net stowed below deck, provided:

a. It is located below the main working deck from which the net is deployed and retrieved;

b. It is fan folded (flaked) and bound around its circumference.

2. A net stowed and lashed down on deck, provided:

a. It is fan folded (flaked) and bound around its circumference;

b. It is securely fastened to the deck or rail of the vessel; and

c. The towing wires, including the leg wires, are detached from the net.

3. A net that is on a reel, provided:

a. The entire surface of the net is covered and bound by:

(1) Canvas of other similar opaque material; or

(2) A highly visible orange or yellow mesh material that is not capable of catching fish or being utilized as fishing gear. An example of highly visible orange or yellow mesh includes but is not limited to the orange fence material commonly used to enclose construction sites.

b. The towing wires, including the leg wires, are detached from the net; and

c. The cod end is removed from the net and stored below deck.

250 R.I. Code R. 250-RICR-90-00-1.6

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