Section 250-RICR-90-00-4.8 - Whelk4.8.1Minimum sizeA. Two and one quarter inches (2 1/4") shell height. Shell height shall be the distance along a straight perpendicular line from a point on the opercular side of the shell to the farthest point of the top of the shell. This distance is measured with the whelk retracted, and shell placed with the operculum stably positioned against a flat surface. To properly measure shell height using a gauge: Minimum legal shell height shall be the two and one quarter inches (2 1/4") distance between opposing parallel surfaces, measured with the whelk retracted and shell placed with the operculum stably positioned against one (1) of the parallel surfaces. The whelk is legal-sized if it does not fit between the opposing parallel surfaces.4.8.2Taking, harvest or possession of whelk by non-residentsA. The taking, harvest or possession of whelk by non-residents is prohibited.4.8.3SeasonA. Open daily in all marine waters of the state.4.8.4Possession limitA. Recreational - Rhode Island resident - all marine waters of the state: One half (1/2) bushel per person per day; and maximum of one (1) bushel per vessel per day. A maximum of five (5) whelk pots may be deployed per person at any one time.B. Commercial - all marine waters of the state: Thirty-five (35) bushels per vessel per day.4.8.5Commercial whelk pot limitA. Each eligible license holder is authorized to set a maximum of three hundred (300) whelk pots at any one time.4.8.6Polluted waters harvestA. The prohibition on the harvest and possession of shellfish in waters declared polluted by the Director pursuant to R.I. Gen. Laws § 20-8.1-3 shall not apply to whelk.4.8.7Mutilation and/or possession of whelk meatA. Prior to landing of any whelk, no person shall mutilate any cooked or uncooked whelk by breaking and removing the meat from the shell or have in his or her possession any part or parts of any uncooked whelk so mutilated. In any and all prosecutions under this Subsection, the possession of any part or parts of any cooked or uncooked whelk so mutilated shall be prima facie evidence sufficient to convict. All whelks are to be landed whole in the shell.4.8.8Hauling or setting whelk pots at nightA. No person shall haul or unduly disturb any whelk pot within the territorial waters of this state between the hours of one (1) hour after sundown and one (1) hour before sunrise.4.8.9Commercial whelk pot taggingA. Applicability: No person shall set, haul, or maintain a whelk pot unless the pot has attached a valid whelk pot tag issued by the Director.B. Eligibility: Tags are available to all Multipurpose license holders and Standard with Unlimited Shellfish endorsement license holders.C. Order for whelk pot tags shall be made on forms as prescribed by the Director.D. Cost of tags shall be borne by the license holder and shall not exceed the cost of producing such tags by the vendor(s) selected by the Department.E. Tags shall be permanently attached to the pot in a location clearly visible for inspection.F. Tags shall be valid on an annual basis from April 1 through March 31.G. Tags shall be a permanent, single-use design.H. No person shall transfer whelk pot tags between whelk pots, or between individuals or vessels.I. No person shall file a false claim of trap or trap tag loss.J. No person shall possess at any one time more whelk pot tags than are authorized.K. Only tags for the current fishing year, and either the immediate previous or following fishing year, may be attached to each whelk pot at any one time.L. Pot tag types and issuance: 1. Each trap must have attached an original trap tag, unless replaced with a gear rotation or catastrophic tag issued pursuant to these regulations.2. Original tags: E The number of tags issued initially may be in any amount not to exceed the maximum pot limit, plus an additional fifteen percent (15%) to be used in the event of routine trap or tag loss.3. Gear rotation tags: Gear rotation tags are used for gear rotation and maintenance or to replace broken tags. The number of gear rotation tags issued shall not exceed the maximum pot limit. Gear rotation tags shall be held by the Director and be issued on a one-for-one basis upon receipt of the original tags.4. Catastrophic loss tags:a. Catastrophic loss tags are issued in the event of a catastrophic loss as determined by the license holder.b. Catastrophic loss tags are special order only and may not be pre-ordered. The Department shall review the order for catastrophic loss tags within one (1) week after receipt.c. A claim of catastrophic loss may be made twice per tag year. Catastrophic loss tags may be ordered in an amount equal to the number of original tags ordered.d. Catastrophic loss tags shall be distinguishable from original trap tags (i.e. color).e. In State waters, catastrophic loss tags must be placed in traps within ten (10) days after issuance, at which time all original and gear rotation trap tags become null and void.f. The Division of Law Enforcement must be notified, in writing by certified mail, in cases of extenuating circumstances that do not permit catastrophic loss tags to be attached to traps.g. In the event that catastrophic loss tags are not immediately available, the Director may authorize the use of new traps until catastrophic loss tags are received by said licensee.h. Following the issuance of catastrophic loss tags, no person shall deploy a whelk pot for which a catastrophic loss tag has been issued and which does not display a valid catastrophic loss tag.250 R.I. Code R. 250-RICR-90-00-4.8
Amended effective 12/27/2018
Amended effective 11/13/2019
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