Subject to the rules of the department, nonresidents may apply for the following commercial fishing licenses:
(1) (i) Nonresident principal-effort license. A nonresident principal-effort license shall allow the holder to harvest, land, and sell in a lawful manner any species of finfish, per endorsement(s), at principal harvest and gear levels and as allowed in a management plan adopted by the department.
(ii) Duly Rhode Island-licensed nonresidents in a commercial fishery as of December 31 of the immediately preceding year, shall be eligible to obtain a nonresident principal-effort license with a single-sector endorsement applicable to the fishery for which they were licensed as of December 31 of the immediately preceding year; provided: (A) That the state of residence of the person affords the same privilege in a manner that is not more restrictive to Rhode Island residents; (B) That those persons apply for the nonresident principal-effort license in accordance with § 20-2.1-4(g); and (C) That those persons shall also be subject to any other restrictions that were applicable to the license as of December 31 of the immediately preceding year, which other restrictions may be altered or changed consistent with a management plan adopted by the department.
(iii) Persons not duly licensed as of December 31 of the immediately preceding year, shall be eligible to obtain a nonresident principal-effort license, per endorsement, when available, in accordance with applicable qualifying criteria and as allowed in a management plan adopted by the department, provided that the state of residence of the person affords the same privilege in a manner that is not more restrictive to Rhode Island residents.
(iv) The annual fee for a nonresident principal-effort license shall be four hundred dollars ($400), plus one hundred dollars ($100) per endorsement.
(2) (i) Nonresident commercial fishing license. A nonresident commercial fishing license shall allow the holder to harvest, land, and sell in a lawful manner any species of finfish, per endorsement(s), at basic harvest and gear levels and as allowed in a management plan adopted by the department.
(ii) Nonresidents age eighteen (18) and over shall be eligible to obtain a nonresident commercial fishing license and, in accordance with applicable qualifying criteria, available fishery sector endorsements, provided that the state of residence of the person affords the same privilege in a manner that is not more restrictive to Rhode Island residents.
(iii) Holders of nonresident principal-effort licenses shall not be eligible to obtain nonresident commercial fishing licenses with the same fishery sector endorsements.
(iv) Duly Rhode Island licensed nonresidents in a commercial fishery as of December 31 of the immediately preceding year, shall be eligible to obtain a nonresident commercial fishing license in their endorsed fishery sector as of December 31 of the immediately preceding year provided:
(A) That the state of residence of the person affords the same privilege in a manner that is not more restrictive to Rhode Island residents;
(B) That those persons apply for the nonresident commercial fishing license in accordance with § 20-2.1-4(g); and
(C) That those persons shall also be subject to any other restrictions that were applicable to the license as of December 31 of the immediately preceding year which other restrictions may be altered or changed consistent with a management plan adopted by the department.
(v) The annual fee for a nonresident commercial fishing license shall be one hundred fifty dollars ($150), plus fifty dollars ($50.00) per endorsement.
(3) Vessel declaration and fees. The department shall require a nonresident owner and/or operator of a commercial fishing vessel to make a declaration for that vessel; which shall be made at the time of initial license issuance and each renewal, or prior to the vessel's being used for commercial fishing in Rhode Island waters by the nonresident owner and/or operator if the first usage of the vessel for commercial fishing occurs during the course of a year after the license has been issued or renewed, for a cost of fifty dollars ($50.00), plus one dollar and fifty cents ($1.50) for each whole foot over twenty-five feet (25′) in length overall.
(4) New licenses. Any resident of a state that accords to Rhode Island residents commercial fishing privileges that include an ability to obtain a new license to fish for finfish species that are subject to restrictions and/or quotas, may on species specific reciprocal basis be eligible to obtain commercial fishing licenses and principal-effort licenses by endorsement as provided in this section, subject to availability and with the priority established in § 20-2.1-5(3)(iii).
History of Section.
P.L. 2002, ch. 47, § 4; P.L. 2004, ch. 8, § 3; P.L. 2004, ch. 16, § 3.