§ 20-2.1-2 - Purposes.
SECTION 20-2.1-2
§ 20-2.1-2 Purposes. – The purposes of this chapter are, through a system of licensure that is clear,predictable and adaptable to changing conditions, to:
(1) Preserve, enhance, and allow for any necessaryregeneration of the fisheries of the state, for the benefit of the people ofthe state, as an ecological asset and as a source of food and recreation;
(2) Provide Rhode Islanders who wish to fish commercially theopportunity to do so and end the moratorium on issuance of new commercialfishing licenses so that new licenses may be issued for the year beginningJanuary 1, 2003, and each year thereafter;
(3) Allow residents who have fished commercially to selltheir vessels and gear in a manner that first, facilitates up-grading licenselevels among residents already in the fishery; that second, provides lateralmovement among residents who are holders of commercial fishing licenses toother types of fishing; and that third, enables new entrants into newcommercial fishing;
(4) Respect the interests of residents who fish underlicenses issued by the state and wish to continue to fish commercially in amanner that is economically viable: provided, it is specifically not a purposeof this chapter to establish licensing procedures that eliminate the ability tofish commercially of any resident as of the date of enactment who validly holdscommercial fishing license and who meets the application renewal requirementsset forth herein;
(5) Preserve and enhance full-time commercial fishing, with ahigh degree of participation by owner operated vessels, as a way of life and asa significant industry in Rhode Island;
(6) Establish principles, for a system of adaptivemanagement, that shall be used by the department in licensure programs andfisheries management, which principles shall include:
(i) The foregoing purposes; and
(ii) As appropriate, necessary, and effective, the followingmeasures:
(A) Regulation of the design and use of gear;
(B) Limitations on the amount of gear that may be used by alicense holder;
(C) Restrictions on when and where commercial fishing may bedone;
(D) Quotas and limitations on catch or landings; and
(E) Restrictions on the number of license holders;
(7) Provide a licensure system that facilitates datacollection and management so that marine fisheries can be managed moreefficiently and effectively. In accordance with this purpose, the system shallinclude a firm annual renewal deadline, as established herein, for thesubmittal of applications to renew licenses or obtain new licenses. An annualgrace period, as established herein, shall allow fishermen an additionalopportunity to renew their licenses from the immediately preceding year,subject to payment of a late fee; however, after the expiration of the graceperiod, there shall be no opportunity to appeal the denial of a commercialfishing license unless the applicant can show that the failure to apply duringthe grace period was due to documented medical hardship.