Section 250-RICR-90-00-7.16 - Lobster Exemption Certificate for DealersA. Dealers wishing to purchase, barter, trade or import lobsters from outside of the State or receive lobsters from LCMA 3 which are less than the minimum size for LCMA 2 must obtain a Lobster Exemption Certificate for Dealers from the Director. Eligibility requirements are as follows:1. The applicant dealer must hold a valid commercial dealers license to deal in lobsters in Rhode Island;2. The applicant dealer shall provide a copy of a valid dealer's license to purchase, barter, trade or import lobsters in the State of Rhode Island;3. The applicant dealer must maintain a landside facility in Rhode Island with the tanks required to segregate and store separately lobsters not conforming to the LCMA 2 minimum size.B. Application shall be made on forms prescribed by the Director.C. Conditions to maintain compliance 1. The Certificate holder must notify the DLE by phone between one (1) hour and six (6) hours prior to receiving a shipment. The notification must include the name of the dealer receiving the shipment, the name of the dealer sending the shipment, the transfer time and location of transfer, and amount of lobster to be received, and if a vessel is involved the name of the vessel;2. All shipments of lobsters less than the LCMA 2 minimum size as must be culled out immediately and stored separately on the business premises of the certificate holder;3. The certificate holder shall maintain a written record of all transactions taking place under the provisions of this Section including: the date of purchase; time of purchase; location of purchase; name of selling dealer or vessel; the person in charge of the vessel; amount of lobster received, including number of animals and total weight. Records shall be maintained documenting the sale of lobsters received pursuant to this Section, including the date and time of sale, and the name of the person or dealer to whom the lobsters were sold. Records must be available for inspection 8:00 A.M. - 4:00 P.M. at the dealer's Rhode Island office or with an authorized business agent for a period of three (3) years from the date of the acquisition of the lobsters. Records shall be available for immediate inspection as a condition of this permit.4. Lobsters not conforming to the LCMA 2 minimum size may only be exported out of State or sold to another dealer who possesses a Lobster Exemption Certificate for Dealers for export out of State. No lobsters less than the LCMA 2 minimum size may be offered for sale on the retail market in Rhode Island.250 R.I. Code R. 250-RICR-90-00-7.16
Adopted effective 3/10/2021
Amended effective 1/16/2022
Amended effective 4/30/2023
Amended effective 11/20/2023
Amended effective 5/1/2024