§ 20-6-11 - Minimum size of shellfish – Penalty.
SECTION 20-6-11
§ 20-6-11 Minimum size of shellfish –Penalty. – (a) No person shall take and/or possess any quahogs less than one inch (1")shell thickness (hinge width). In addition, no person shall take and/or possesssoft shell clams, taken from the free and common soft shell clam fisheries, ofa diameter less than one and one half inches (1 1/2") taking the maximum shelldiameter, or any oysters, taken from the free and common oyster fisheries,measuring less than three inches (3") measured parallel to the long axis of theoyster, unless greater minimum sizes are established by the director, inconsultation with the marine fisheries council. Any person who takes and/orpossesses shellfish of less than the minimum size, as delineated above, uponconviction, shall be fined not less than ten dollars ($10.00) nor more thanfifty dollars ($50.00) for each and every fifteen (15) shellfish taken.Additionally, any person who takes and/or possesses shellfish of less than theminimum size commingled and/or otherwise stored or contained with shellfish ofnot less than the minimum size, where the percentage of the less than minimumsize shellfish is not less than ten percent (10%) of the total piece count ofthe commingled and/or otherwise stored or contained package, shipment, orcontainer, shall be subject to seizure and/or forfeiture of the entirecommingled and/or otherwise stored or contained package, shipment, orcontainer, in accordance with the provisions of §§ 20-1-8(e) and (f)and 20-1-8.1.
(b) Notwithstanding the provisions of subsection (a) above,the director of the department of environmental management is authorized topromulgate regulations establishing a special exemption permit that wouldexempt Department of Health licensed food processing facilities from the oneinch (1") minimum size restriction governing bay quahogs. The exemption permitmay only apply to frozen, packaged, cultured bay quahog products shipped intoRhode Island for redistribution outside of the state. The regulations shallprescribe the procedures to apply for the exemption permit and the standards tobe employed by the director in his or her consideration of the application. Theregulations shall prescribe rules governing the conduct and operation of thefacility and may include restrictions on product forms, sizes, possessionrequirements, and other provisions in order to maintain the protection of thequahog resource and enforcement of the provisions of this chapter.