250 R.I. Code R. 250-RICR-90-00-7.10

Current through December 26, 2024

Section 250-RICR-90-00-7.10 - Direct Sale Dealer License

A. Applicability

1. Authorizes the sale, purchase, barter or trade of allowable species of finfish, live lobsters and crabs, and live whelk direct to consumers and/or licensed seafood retailers dockside from the vessel on which they were harvested.

2. Authorizes the transport and sale of live lobsters, crabs, and whelks from the vessel on which they were harvested to consumers and/or licensed seafood retailers.

B. Eligibility

1. Applicants must hold a resident commercial fishing license or a resident landing permit authorizing the harvest and/or landing of species allowable for sale pursuant to this license.

2. Applicants must demonstrate that they or their registered agent maintain a fixed place of business residence or vessel berthed in the State of Rhode Island at which transaction records will be maintained and made available for inspection during normal business hours. Applicants must include with their application, documentation that they have secured permission from both the property owner and municipality at the location(s) where direct sales will be conducted.

C. General Requirements

1. Only the licensee/permittee, or a regularly employed crew member of the licensee/permittee, may sell allowable species under the Direct Sale Dealer License. To be eligible to conduct such sales, a crew member must first receive written authorization from the licensee/permittee. Such authorization shall be in the form of a type-written statement, signed and dated by the licensee/permittee that expressly authorizes the crew member to act on behalf of the licensee/permittee with regard to direct sales. The statement shall further specify: the name of the crew member, the name of the vessel from which the sales are conducted, and the month and year that the crew member began working on the vessel. The statement shall be kept on the vessel and be available at all times for inspection by Department personnel. A crew member who is acting on behalf of a licensee/permittee must comply with all applicable Regulations governing direct sales, as set forth herein, and the licensee/permittee shall be responsible for any violations of Regulations by the crew member.

2. All direct sale activities must be conducted in a manner consistent with applicable Federal, State, and municipal Laws, Regulations and polices governing port and marina operations.

3. Licensees/permittees offering allowable species for sale pursuant to the Direct Sale Dealer License may only sell allowable species that they legally harvested. Sales may only be conducted by commercial license holders authorized to commercially harvest the species made available for sale or a regularly employed crew member of the licensee/permittee.

4. The transfer of species between Direct Sale Dealer License holders is expressly prohibited.

5. For all species subject to sale, standard harvester reporting is required (i.e. Federal VTR's or State catch and effort reports) in accordance with the requirements set forth in Part 2 of this Subchapter, Commercial and Recreational Saltwater Fishing Licensing Regulations. Harvester reports must be completed in full and be available for inspection by the Director prior to any species being sold pursuant to this license.

D. Federal permit holders: Pursuant to Federal requirements, any person holding a Federal fishing permit (vessel-based) must sell their catches to Federally permitted dealers. For persons wishing to engage in direct sales from Federally permitted vessels, a Federal dealer's permit must be obtained from NOAA Fisheries. Once a dealer's permit is obtained, Federally permitted fishermen may sell to themselves, by reporting the catch on a vessel trip report (paper or electronic) and reporting sales through the Federal dealer reporting system.

E. Prohibited Activities

1. The direct sale of histamine producing fish, including bluefish, tuna, mackerel, herring, mahi mahi, bonito, swordfish, marlin, sailfish, wahoo, anchovy, sardines, shad, menhaden; as well as amberjack, escolar, hind, jack, kahawai, milkfish, saury, scad, spearfish, sprat and trevally

2. The direct sale of striped bass

3. The transportation for sale of finfish to consumers and/or retailers. All sales of finfish must be sold dockside from the vessel.

F. Storage and Handling Requirements

1. While on board the vessel, all species to be sold must be protected from contamination, kept shaded, maintained at or below forty-one degrees Fahrenheit (41° F) and/or buried in ice.

2. Knives/utensils and other food contact surfaces used to head, gut or bleed fish must be kept clean.

3. Species for sale must be labeled accurately.

4. Finfish must be sold whole, or may be headed and gutted, and may be bled. No filleting or other processing may be done dockside from the vessel.

5. Lobsters, crabs and whelk must be sold live.

6. Transporting is limited to live lobsters, crabs, and whelk harvested from individual vessels and sold/donated and transported by the individual harvester or affiliated crew members. The name of the vessel and license holder, provided in writing and legible, must accompany all transported lobsters, crabs, and whelk.

7. Direct Sale Dealer License holders shall not engage in processing in accordance with Rhode Island Department of Health Regulations ( 216-RICR-50-10- 4), Good Manufacturing Practices for Food, or Federal Regulations incorporated therein, unless licensed by the Rhode Island Department of Health to conduct such activities.

G. Donations: Direct donations of finfish by licensed commercial fishermen are subject to the same Rules, Regulations, and requirements as set forth herein.

H. Annual fee: Fifty dollars ($50.00)

250 R.I. Code R. 250-RICR-90-00-7.10

Amended effective 3/10/2021
Amended effective 1/16/2022
Amended effective 4/30/2023
Amended effective 11/20/2023
Amended effective 5/1/2024