§ 20-2.1-3 - Definitions.
SECTION 20-2.1-3
§ 20-2.1-3 Definitions. – For the purposes of this chapter the following terms shall mean:
(1) "Basic harvest and gear levels" means fishery-specificharvest and/or gear levels, established and regularly updated by the departmentby rule, which, in a manner consistent with the state or federally sanctionedmanagement plans or programs that may be in effect, and to the extent possiblegiven those plans and programs, provide a maximum level of participation forcommercial fishing license holders in accordance with applicable endorsements.
(2) "Commercial fisherman" means a natural person whocatches, harvests, or takes finfish, crustaceans, or shellfish from the marinewaters for sale.
(3) "Council" means the marine fisheries council establishedby chapter 3 of this title.
(4) "Crustaceans" means lobsters, crabs, shrimp, and forpurposes of this chapter it also includes horseshoe crabs.
(5) "Director" means the director of the department ofenvironmental management.
(6) "Endorsement" means the designation of a fishery in whicha license holder may participate at either basic or full harvest and gearlevels. Endorsement categories and levels shall be established annually by thedepartment by rule, based on the status of the various fisheries, the levels ofparticipation of existing license holders, and the provisions of applicablemanagement plans or programs. At a minimum, endorsement categories andendorsement opportunities shall include, but may not be limited to: non-lobstercrustacean; lobster; non-quahaug shellfish; quahaug; non-restricted finfish;and restricted finfish. Endorsements, when available, shall be issued inaccordance with applicable qualifying criteria.
(7) "Finfish" means cold-blooded aquatic vertebrates withfins, including fish, sharks, rays, skates, and eels and also includes, for thepurposes of this chapter, squid.
(8) "Fisheries sectors" means and comprises crustaceans,finfish, shellfish, as defined in this section, each of which shall singularlybe considered a fishery sector.
(9) "Full harvest and gear levels" means fishery-specificharvest and/or gear levels, established and regularly updated by the departmentby rule, which, in a manner consistent with the state or federally sanctionedmanagement plans or programs that may be in effect, and to the extent possiblegiven those plans and programs, provide a maximum level of participation forprincipal effort license holders in accordance with applicable endorsements andfor all multi-purpose license holders.
(10) "Shellfish" means quahogs, clams, mussels, scallops,oysters, conches, and mollusks in general other than squid.
(11) "Student commercial fisherman" means a residenttwenty-three (23) years of age or younger who is a full-time student.
(12) "February 28" means the twenty-eighth (28th) day in themonth of February or the next business day if February 28 falls on a Saturdayor Sunday for the purpose of application submittals and renewal deadlines.
(13) "Medical hardship" means a significant medical conditionthat prevents a license applicant from meeting the application requirements.
(14) "Grace period" means sixty (60) calendar days commencingFebruary 28, as defined herein, and shall only apply to renewals of licensesfrom the immediately preceding year; provided, that for calendar year 2004 thegrace period shall be ninety (90) calendar days commencing February 29, 2004.