250 R.I. Code R. 250-RICR-90-00-14.11

Current through December 26, 2024

Section 250-RICR-90-00-14.11 - Transfer of an Exemption Certificate

14.11.1General

A. An Exemption Certificate may only be transferred upon change in vessel ownership or upon vessel replacement. Any vessel replacement or change in vessel ownership requires a transfer application to be submitted to the Department and new certificate issued to be valid.

B. If no transfer approval occurs at time of change in vessel ownership or upon vessel transfer, the Exemption Certificate shall not be valid until such time that a transfer application is submitted and a new certificate issued.

14.11.2Change in Vessel Ownership

A. Applicability: Any change in vessel ownership shall require application to the Department for an Exemption Certificate transfer. No Exemption Certificate transfer is valid unless approved by the Director.

B. Application required:

1. Application shall include a written agreement signed by the transferor/seller and transferee/buyer, or other credible written evidence, verifying that the transferor/seller is retaining the vessel's fishing and permit history for purposes of changing vessel owner.

2. Validation of vessel ownership is required and shall be determined solely by the valid (unexpired) US Coast Guard documentation or State registration issued.

C. An Exemption Certificate may only be transferred to a vessel or replacement vessel that possesses a valid USCG documentation and/or valid State registration and is commercially declared pursuant to Part 2 of this subchapter.

14.11.3Vessel Replacement

A. Applicability: Any change in vessel shall require application to the Department for such transfer. No transfer is valid unless approved by the Director.

B. Application required:

1. Application shall include a written agreement, or other credible written evidence, that must be signed by the vessel transferor/seller and vessel transferee/buyer, verifying that the vessel transferor/seller is retaining the Exemption Certificate for the purpose of replacing the vessel.

2. The vessel owner must prove that the applicant vessel is replacing a vessel and that the Exemption Certificate is only applicable to the vessel for which the Exemption Certificate has been transferred.

3. The Exemption Certificate shall only be transferred to another vessel with a USCG vessel documentation/State registration number and State commercial vessel declaration.

4. The Exemption Certificate must be applied to a replacement vessel owned by the seller/transferee within five (5) years of approval of application.

C. Confirmation of certificate status:

1. If a vessel owner severs the Exemption Certificate from a vessel, the vessel owner may elect to apply to the Department for Confirmation of Certificate Status (CCS).

a. CCS allows the maintenance of the certificate history without it being attached to a vessel.

b. Application for CCS must be made on forms provided by the Director.

2. Application to the DEM must be made to take an Exemption Certificate out of CCS.

a. The Exemption Certificate must be applied to a vessel within five (5) years of approval of application for CCS.

b. An Exemption Certificate shall be authorized to remain in CCS for a period not greater than five years, after five (5) years, the Exemption Certificate shall be deemed invalid if not applied to a vessel.

c. Exemption Certificates in CCS are subject to the renewal requirements as specified in these Regulations.

14.11.4Change in Exemption Certificate Holder While in CCS

A. Applicability: Any change in Exemption Certificate holder shall require application to the Department for an Exemption Certificate transfer. No Exemption Certificate transfer is valid unless approved by the Director.

B. Application required:

1. Application shall include a written agreement signed by the transferor/transferee and transferor/transferee, or other credible written evidence, verifying that the transferor/transferee is transferring the Exemption Certificate only with no vessel attached.

2. Proof of a valid certificate issued to the transferor is required and shall be determined by the documentation issued by the Department.

C. Exemption Certificates transferred while in CCS are still bound to the original five (5) year period established when the Exemption Certificate entered CCS status.

250 R.I. Code R. 250-RICR-90-00-14.11

Adopted effective 7/6/2020
Amended effective 1/5/2021
Amended effective 1/1/2022
Amended effective 4/13/2022
Amended effective 1/1/2023