Section 250-RICR-50-00-1.7 - Definition of TermsA. "Actively engaged in fishing" means any license holder who has actively fished that license/endorsement. In order to actively fish that license/endorsement, the person must demonstrate by dated transaction records, as verified by dealer reports to the Department, that he or she has fished at least forty (40) days in the preceding two (2) calendar years, with some of the fishing activity occurring in each of the two (2) years. Evidence as to days fished may be supplemented by one (1) or more Vessel Trip Reports, which specifically reference the license holder's name and license number, and correspond to dated transaction records, where in the determination of the Department such dates are verified by Dealer Reports to the Department; where such reports verifiably reflect two (2) or more calendar days at sea during a single trip, those days may be used to establish fishing activity. For the purpose of this definition the term "day" shall mean any twenty-four (24) hour period or part thereof. A license holder with a Dockside Sales Endorsement who sells all of his/her lobster and/or crab landings dockside may utilize documentation other than dated transaction records to establish fishing activity, pursuant to the standards and criteria set forth in §90-00-2.7 .5(D) (1)(a) of this Title.B. "Abandoned motor vehicle" means a motor vehicle that is inoperable and over eight (8) years old and is left unattended on public property for more than forty-eight (48) hours, or a motor vehicle that has remained illegally on public property for a period of more than three (3) days, or a motor vehicle that has remained on private property without the consent of the owner or person in control of the property for more than three (3) days, as set forth in R.I. Gen. Laws § 31-42-1(a).C. "Backdown slip" means any water-based docking position for a vessel by which the vessel typically backs into the spot stern-side with the bow of the vessel facing seaward.D. "Berth" or "berthing" means an assigned location on a pier for a vessel to tie to or to raft alongside another vessel when direct access to the assigned location on the pier is not available; primarily for the purposes of loading and unloading.E. "Berth contract" means the written berth agreement between the Division of Coastal Resources and a vessel's owner or operator.F. "Charter boat" means a vessel less than one hundred (100) gross tons that meets the requirements of the U.S. Coast Guard to carry six (6) or fewer passengers-for-hire for the purposes of engaging in recreational fishing.G. "Commercial fishing vessel" means a vessel that commercially engages in the catching, or harvesting of fish or marine species or engages in an activity that can reasonably be expected to result in the catching, or harvesting of fish or marine species.H. "Department" or "DEM" means the Department of Environmental Management.I. "Director" means the Director of the Department of Environmental Management.J. "Division of Coastal Resources" or "Division" means Division of Coastal Resources of the Department of Environmental Management.K. "Facility," "Pier," or "Port" means the State-owned piers.L. "Family member" means the spouse, mother, father, brother, sister, child or grandchild of the person holding a valid berth contract with the Division. For purposes of these Regulations in compliance with Executive Order 12-02, "Recognition of Out of State, Same-Sex Marriages" that was issued by Governor Chafee on May 14, 2012, "''spouse' shall be defined to include either party who has entered into a marriage that is legally recognized in the state or territory in which the marriage was solemnized."M. "Person" means an individual, firm, corporation, society, association, partnership or private or public body.N. "Vessel" means the same as "Boat."O. "Headboat" or "Party boat" means a vessel that holds a valid Certificate of Inspection issued by the U.S. Coast Guard to carry greater than six (6) passengers-for-hire for the purposes of engaging in recreational fishing.P. "Off-season temporary berth" means berths that become available for temporary berth assignment purposes as a result permanent berth holder vessels being hauled out of the water for winter.Q. "Owner" means the owner of the vessel, or in the absence of the owner, such other person or business who is in charge of the vessel on the date of the signed berth contract.R. "Port of Galilee" means the improved and unimproved area of the Town of Narragansett, which is located in the west passage of Narragansett Bay.S. "Service by a leaseholder" means exclusive use of docks by a leaseholder for loading and unloading of vessels which utilize a leaseholder's shore-side business.T. "State" means the State of Rhode Island.U. "Transient vessel" means any vessel without a berth contract.V. "Transient vessel temporary berth contract" means any temporary berth contract entered into with the Division by a vessel owner or operator that is not deemed to be a Temporary Off-Season Berth Contract or a One (1) Year Probationary Period Temporary Berth Contract.W. "Temporary berth contract" means any contract held by a vessel owner without a permanent berth contract.250 R.I. Code R. 250-RICR-50-00-1.7
Amended effective 1/1/2021
Amended effective 6/8/2021
Amended effective 7/29/2021