§ 20-10-13.1. Cultivated plants or animals — Exemption from certain wild fishery restrictions.
(a) Aquaculture activities conducted in a manner consistent with permit and license conditions and in accordance with the rules and regulations promulgated pursuant to this chapter, and aquaculture products harvested for sale as a result of those activities, shall be exempt from the following statutory and regulatory restrictions governing wild fisheries: seasons, bag limits, methods of harvest, and, except for quahaugs (Mercenaria mercenaria), minimum sizes.
(b) The possessor of aquaculture products subject to these exemptions shall have the burden of proof that the products were legally acquired and possessed. In accordance with applicable rules and regulations governing aquaculture products, proper tags and bills of sale shall constitute the primary means for satisfying this burden of proof.
(c) Aquaculturists are prohibited from harvesting for sale to a shellfish dealer for human consumption quahaugs (Mercenaria mercenaria) with a hinge width of less than one inch (1").
(d) Notwithstanding the provisions of subsections (a) and (c) above, the director of the department of environmental management is authorized to promulgate regulations establishing a special exemption permit that would exempt department of health-licensed food processing facilities from the one-inch-minimum-size restriction governing bay quahogs, pursuant to § 20-6-11(b).
History of Section.P.L. 2002, ch. 47, § 11; P.L. 2004, ch. 430, § 2; P.L. 2004, ch. 507, § 2.
Structure Rhode Island General Laws
Section 20-10-1. - Declaration of intent and public policy.
Section 20-10-1.1. - Creation of the biosecurity board.
Section 20-10-1.2. - Biosecurity board — Powers and duties.
Section 20-10-2. - Definitions.
Section 20-10-3. - Authority to grant permits for aquaculture.
Section 20-10-3.1. - Sales and use tax exemption.
Section 20-10-4. - Application for a permit to conduct aquaculture.
Section 20-10-5. - Procedures for approval.
Section 20-10-8. - Performance requirements — Bond.
Section 20-10-9. - Marking of areas subject to permit — Restrictions on public use.
Section 20-10-10. - Assignability of permits.
Section 20-10-11. - Regulations.
Section 20-10-13. - Cultivated plants or animals as property of the permittee.
Section 20-10-14. - Emergency closure of areas subject to permit.
Section 20-10-15. - Authority to enter and inspect.
Section 20-10-16. - Penalties.
Section 20-10-16.1. - License or permit suspension or revocation.
Section 20-10-17. - Arrest, seizure, and prosecution of violators.