§ 20-8.1-1. Definitions. Unless otherwise specifically provided in this chapter, the following definitions shall apply to this chapter: (1) “Approved” means approved by the director; (2) “Conditionally approved water” means and includes any shellfish grounds underlying waters examined and found fit for the taking of shellfish for human consumption on an intermittent basis, declared by […]
§ 20-8.1-10. Powers of enforcement. Conservation officers of the department may arrest any person found violating any of the provisions of this chapter, and may seize all shellfish and any boat or vessel, or outboard motor, or dredge, tongs, rakes, or other implements, commonly employed in the taking of shellfish, in possession of any person […]
§ 20-8.1-11. Penalties for violations. Persons convicted of violating any of the provisions of this chapter, or the regulations adopted in accordance with this chapter, shall be punished by a term of imprisonment not exceeding one year or by a fine not exceeding five hundred dollars ($500), or both, for a first offense; and by […]
§ 20-8.1-12. Repealed. History of Section.P.L. 1980, ch. 263, § 1; Repealed by P.L. 1981, ch. 197, § 4, effective January 1, 1982.
§ 20-8.1-2. Regulations. The director shall, with the approval of the environmental standards board established under § 42-17.3-1 [repealed], adopt any regulations regarding shellfish grounds that he or she deems necessary with reference to the growing and taking of shellfish. History of Section.P.L. 1980, ch. 263, § 1.
§ 20-8.1-2.1. Possession and handling of shellfish — Regulations. The director is empowered to promulgate, for the purposes of protecting the public health after consultation with the department of health, regulations governing the possession and handling of shellfish by commercial harvesters licensed under this title. The penalties prescribed in § 20-8.1-11 shall not apply to […]
§ 20-8.1-3. Investigation of shellfish grounds — Notice of polluted areas. The director shall investigate the sanitary condition of the waters overlying shellfish grounds. Those waters that are found to be in an unsatisfactory sanitary condition for the taking of shellfish for human consumption shall be declared to be polluted areas. The director shall give […]
§ 20-8.1-4. Factors considered in determining polluted areas. In making a determination that an area is polluted, the director shall ensure consistency with the requirements of the National Shellfish Sanitation Program. When necessary, for consistency with National Shellfish Sanitation Program requirements, the director may declare an area to be polluted in the absence of monitoring […]
§ 20-8.1-5. Taking or selling shellfish from polluted areas. No person shall take shellfish from the waters of polluted areas, or knowingly sell shellfish taken from the waters of polluted areas, except pursuant to a transplant program specifically authorized by and conducted under the direct supervision of the director. In granting permission, the department of […]
§ 20-8.1-6. Use of dredges, tongs, and rakes in polluted areas. No person shall work a dredge, pair of tongs, rake or rakes, or any other implement commonly employed in taking shellfish, except an implement commonly employed for the taking of scallops, in a polluted area, nor shall any person, while upon or sailing over […]
§ 20-8.1-7. Taking, sale of, or possession of non-complying shellfish prohibited — Confiscation — Search warrants. No person shall take, sell, or possess within this state any shellfish that have not been taken in compliance with the provisions of this chapter and the regulations adopted in accordance with this chapter. Any shellfish that the director […]
§ 20-8.1-8. Enforcement — Prosecution of violations. It shall be the duty of the director to enforce the provisions of this chapter and the regulations adopted in accordance with this chapter and to prosecute all persons guilty of violations of these regulations. In all prosecutions, the director shall not be required to enter into any […]
§ 20-8.1-9. Inspection of boats, vessels, and vehicles. The director shall make regular inspections of the boats, vessels, and vehicles used, or suggested of being used, in the taking possession, handling, or transporting of shellfish, and no person shall interfere with, or obstruct, the entrance of the director to any boat, vessel, or vehicle, for […]
