§ 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 possess soft-shell clams, taken from the free and common soft-shell clam fisheries, of a diameter less than one and one half inches (1½") taking the maximum shell diameter, or any oysters, taken from the free and common oyster fisheries, measuring less than three inches (3") measured parallel to the long axis of the oyster, unless greater minimum sizes are established by the director, in consultation with the marine fisheries council. Any person who takes and/or possesses shellfish of less than the minimum size, as delineated above, upon conviction, shall be fined not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) for each and every fifteen (15) shellfish taken. Additionally, any person who takes and/or possesses shellfish of less than the minimum size commingled and/or otherwise stored or contained with shellfish of not less than the minimum size, where the percentage of the less than minimum size shellfish is not less than ten percent (10%) of the total piece count of the commingled and/or otherwise stored or contained package, shipment, or container, shall be subject to seizure and/or forfeiture of the entire commingled and/or otherwise stored or contained package, shipment, or container, in accordance with the provisions of §§ 20-1-8(a)(5) and (a)(6) and 20-1-8.1.
(b) Notwithstanding the provisions of subsection (a) 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 (1") size restriction governing bay quahogs. The exemption permit may only apply to frozen, packaged, cultured bay quahog products shipped into Rhode Island for redistribution outside of the state. The regulations shall prescribe the procedures to apply for the exemption permit and the standards to be employed by the director in his or her consideration of the application. The regulations shall prescribe rules governing the conduct and operation of the facility and may include restrictions on product forms, sizes, possession requirements, and other provisions in order to maintain the protection of the quahog resource and enforcement of the provisions of this chapter.
History of Section.P.L. 1981, ch. 197, § 3; P.L. 1988, ch. 166, § 1; P.L. 1989, ch. 413, § 1; P.L. 2002, ch. 47, § 9; P.L. 2004, ch. 430, § 1; P.L. 2004, ch. 507, § 1; P.L. 2017, ch. 451, § 27.
Structure Rhode Island General Laws
Section 20-6-1. - Taking of shellfish without a license.
Section 20-6-2. - Oysters — Open season.
Section 20-6-3. - Scallops — Open season.
Section 20-6-4. - Registration of boats and display of numbers.
Section 20-6-5. - Registered boat operated only by licensee.
Section 20-6-6. - Registration of boat used in taking of molluscan shellfish.
Section 20-6-7. - Use of dredges.
Section 20-6-8. - Opening areas for quahaug dredging.
Section 20-6-9. - Penalty for exceeding allowance without license.
Section 20-6-10. - Allowance of shellfish taking under license.
Section 20-6-11. - Minimum size of shellfish — Penalty.
Section 20-6-12. - Maximum take for dredged quahaugs.
Section 20-6-13. - General penalties for violations — Impoundment of boats.
Section 20-6-14. - Costs of seizure and impounding.
Section 20-6-15. - Soft-shell clams — Method of taking.
Section 20-6-16. - Scallops — Commercial allowance.
Section 20-6-17. - Taking and possession of seed scallops.
Section 20-6-18. - Sale of scallops during closed season.
Section 20-6-19. - Number, size, and handling of dredges.
Section 20-6-20. - Towing of dredge during closed season.
Section 20-6-21. - Opening shellfish on water.
Section 20-6-22. - Transplanting of seed scallops.
Section 20-6-23. - Penalty for taking shellfish at night.
Section 20-6-24. - [Repealed.]
Section 20-6-25. - Disposition of moneys received under this chapter.
Section 20-6-26. - Transfer of shellfish from uncertified waters.
Section 20-6-27. - Dredging, raking, and tonging.
Section 20-6-28. - Cost of transfer of shellfish.
Section 20-6-29. - Penalty for improper taking of transferred shellfish.
Section 20-6-30. - Shellfishing prohibitions — Use of SCUBA.