Section 250-RICR-90-00-5.7 - Horseshoe CrabA. Harvest by residents only: The harvest of horseshoe crabs by non-residents is prohibited.B. Minimum size: Seven inches (7") prosomal widthC. Permit required: No person shall harvest horseshoe crabs without a valid Horseshoe Crab Harvest Permit obtained from the Director. Application for this permit shall be made on forms prescribed by the Director. 1. Eligibility: The permit is available to all licensed persons authorized to harvest horseshoe crab.2. Permit conditions a. The permit is valid only for the calendar year of issuance.b. Reporting (1) Reporting of landings shall be on forms as prescribed by the Director.(2) Weekly reporting: All permit holders shall provide a report of landings for each calendar week either by telephone or in writing, including reports of no landings. Reports shall be submitted no later than Monday 4:00PM for the previous calendar week's landings.(3) Monthly reporting: All permit holders shall provide a monthly report in writing including the number of crabs taken, locations of harvest, and use (bait, biomedical purposes, or other reasons). These reports shall not be made public and shall be kept only for statistical purposes.c. Biomedical harvest(1) Horseshoe crabs harvested and transported to a biomedical facility for purposes of extracting bodily fluids shall be returned to the waters from which they were taken within seventy-two (72) hours following the completion of the biomedical procedure, or intended procedure, if no procedure was performed.(2) The dealer is responsible and liable for returning the crabs and shall make every attempt to assure their survival. Prior to returning the crabs to the water, the dealer shall report to DEM's Division of Law Enforcement by calling 401-222-3070, and include the name of dealer, the number of crabs being returned, and location where the crabs will be returned.(3) Horseshoe crabs must be transported to and from a biomedical facility in a temperature-controlled vehicle at or below seventy degrees Fahrenheit (70° F). Containers of crabs must be secured and at most two thirds (2/3) full.3. Penalties for non-compliance: In addition to the penalties for non compliance as specified in § 1.11 of this Subchapter, penalties for reporting non-compliance are as follows: a. First instance: A first (1st) offense shall result in a warning being issued to the permit holder.b. Second instance: A second (2nd) offense shall result in revocation of the permit for the remainder of the calendar year for which the permit is issued.c. Third instance: A third (3rd) offense shall result in revocation of the permit for the remainder of the calendar year for which the permit is issued, and also result in the prohibition to apply for the permit in the subsequent year.D. Seasons and possession limits 1. Recreational a. Season: Open January 1 through December 31b. Possession limit: Five (5) horseshoe crabs per person per day2. Commercial bait fishery a. Quota: Established annually as allocated by the ASMFC or as determined by DMF based on the current stock statusb. Season and possession limit(1) January 1 through April 30 annually: Sixty (60) crabs per person per day(2) May 1 through May 31 annually: Closed to harvest(3) June 1 through December 31 annually: Sixty (60) crabs per person per day3. Commercial biomedical fishery a. Quota: Established annually after consultation with permitted biomedical facilities; not to exceed the total allowable harvest as determined by DMF based on the current stock statusb. Season: Open January 1 through December 31 annuallyc. Possession limit: Unlimitedd. Harvest restriction: No person shall harvest horseshoe crabs for biomedical purposes during the period forty-eight (48) hours preceding and forty-eight (48) hours following the new and full moons during the month of May annuallyE. No person shall harvest horseshoe crabs for commercial or recreational purposes on or within one hundred feet (100') seaward of Patience and Prudence Islands in Narragansett Bay.F. Prohibition on possession of non-indigenous horseshoe crab species: No person shall possess or attempt to possess in the cooked or un-cooked (frozen) state any non-indigenous (non-native) horseshoe crab species without prior, written authorization by the Department. The only species of horseshoe crab which may be possessed within the jurisdictional limits of the State of Rhode Island is the Atlantic Horseshoe Crab.G. A control date of January 6, 2017 is established for the horseshoe crab fishery. This control date has been established by the Department for potential future use in establishing eligibility criteria for future access to the fishery.250 R.I. Code R. 250-RICR-90-00-5.7
Amended effective 5/8/2019
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Amended effective 4/28/2024
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