Current through December 26, 2024
Section 250-RICR-90-00-2.8 - Landing PermitsA. Applicability 1. Authorizes off-loading of seafood products legally harvested outside of Rhode Island waters for sale or intended sale in Rhode Island2. Authorizes the permit holder to secure a vessel with the seafood products onboard to a shoreside facility where the products may be offloaded for sale or intended sale.3. If the operator of a vessel carrying seafood products notifies the Department's Division of Law Enforcement at least four (4) hours before entering Rhode Island waters that he or she intends to dock in a Rhode Island port for specified purposes other than landing, selling, or offering that seafood for sale, and if permission to do so is first obtained from the Division of Law Enforcement, no Landing Permit or Rhode Island license is required.B. General eligibility: A Landing Permit will only be issued upon proof that an applicant holds a valid Federal or non-Rhode Island State license or permit(s) to harvest a given species or group of similar species. The Landing Permit issued will authorize the landing of those species authorized by said Federal or State permit.C. General Provisions 1. Application required: Application for a Landing Permit shall be completed on forms as prescribed by the Director and contain such information as the Department may require. Applications not completed in their entirety shall not be considered. Applicants must include proof of their valid Federal or State license as part of the permit application.2. A Landing Permit is issued to a person and not a vessel, although the vessel(s), which will generate the landings, must be identified. The Landing Permit may not be transferred and does not attach to a vessel when it is sold.3. The person in charge of a vessel must be in possession of a Landing Permit issued to that individual in order for that vessel to legally enter Rhode Island waters.4. A Landing Permit is valid only for the calendar year in which it is issued.5. The permit must be signed by the party to whom it is issued in order to be valid.6. The permit is valid only for the signed holder and may not be transferred to or used by any person to whom the license is not issued.7. Submission of an application does not constitute a valid permit.8. All fees must have been paid for a permit to be valid.9. A lost or accidentally destroyed Landing Permit may be replaced for a fee of ten dollars ($10.00), provided that the applicant submits an affidavit to the Department explaining the circumstances of the loss.10. Notice of change of address. Whenever the holder of a Landing Permit shall move from the address named in his or her last application, that person shall, within ten (10) days subsequent to moving, notify the Office of Boat Registration and Licensing of his or her former and current address.11. Every permit holder shall have their permit in possession at all times while engaged in the permitted activity and shall present the permit for inspection on demand by the Director. Any person who shall refuse to present a permit on demand shall be liable to the same punishment as if that person were fishing without a permit.D. Resident Landing Permit1. Applicability: Authorizes the permit holder to land, sell, or offer for sale any marine fishery species or product, in accordance with all applicable Rules and Regulations governing those species.2. Eligibility: Available to residents who hold a valid State and/or Federal commercial fishing license.3. Annual fee: Three hundred dollars ($300.00)E. Non-Resident Exempted Landing Permit: 1. Applicability: Authorizes the permit holder to land, sell, or offer for sale any marine fishery species or product including restricted finfish species, in accordance with all applicable Rules and Regulations governing those species.2. Eligibility a. Available to non-residents only if the landing is charged to the quota of the State in which the vessel making the landing is registered or documented; or, if the State where the vessel making the landing is registered or documented allows Rhode Island residents to land against its quota for that species; or, if the Department pursuant to a fisheries management plan determines there to be excess harvesting capacity in the Rhode Island commercial quota for that species.b. Renewal is considered to be a new permit unless the applicant can show evidence of Rhode Island landings of more than one thousand (1,000) pounds of that species per year in four (4) of the five (5) years preceding the application. Having made that demonstration, the permit holder who held that permit as of the immediately preceding year may renew it for the immediately following year.c. Application for a new permit is required in instances when a non-resident vessel is upgraded by twenty percent (20%) or more in length, displacement, or horsepower.3. Annual fee: Six hundred dollars ($600.00).F. Non-Resident Landing Permit1. Applicability: Authorizes the permit holder to land, sell, or offer for sale any marine fishery species or product, except restricted finfish, in accordance with all applicable Rules and Regulations governing those species and products.2. Eligibility: Available to non-residents who hold a valid State and/or Federal commercial fishing license.3. Annual fee: Six hundred dollars ($600.00)250 R.I. Code R. 250-RICR-90-00-2.8
Adopted effective 7/1/2022
Amended effective 1/1/2023
Amended effective 1/1/2024