General Equipment Provisions

Regulation Authority:

R.I. Gen. Laws Title 20
R.I. Gen. Laws Chapters 42-17.1
42-17.6
and 42-17.7
and in accordance with R.I. Gen. Laws § 42-35-18(b)(5)
Administrative Procedures Act.

Purpose and Reason:

1. Escape vent requirements for pots and traps:   

• Proposal 1:  Division of Law Enforcement proposal to require that all pots and traps that do not currently require escape vents be constructed with at least one (1) escape vent.  Traps not exceeding twenty-four inches (24?) per side and traps constructed with a mesh size not exceeding one inch (1”) that do not target lobster, jonah crab, black sea bass, or scup (e.g., most eel and green crab pots) would be exempt from this rule (section 6.4(B)(7)(a)).

• Proposal 2:  Division proposal to require that all pots and traps that do not currently require escape vents be constructed with at least one (1) escape vent.  Traps not exceeding twenty-four inches (24?) per side and traps with at least one side constructed with a mesh size not exceeding one inch (1”) that do not target lobster, jonah crab, black sea bass, or scup (e.g., most eel and green crab pots) would be exempt from this rule (section 6.4(B)(7)(a)).

• Proposal 3:  Industry proposal to require that all pots and traps that do not currently require escape vents be constructed with at least one (1) circular escape vent.  Note that this proposal is not included in the proposed rule.  See the summary document included as a supporting document for specific language.

2. Escape vent requirements for black sea bass pots:   Industry proposal to increase the vent size for black sea bass pots to be consistent with Industry proposal 2 above for all other pots and traps.  

3. Configuration of pots and/or traps linked by a common line:  Division of Law Enforcement proposal to require that pots and/or traps that require tags, including but not limited to American Lobster and Whelk, may not be mixed with untagged pots and/or traps.  All pots and/or traps must be tagged with the same tag type(s). Multiple tag types may be used, provided that the same combination of tag types is used on all pots and/or traps. 

4. Non-substantive proposed changes:   Division proposal to relocate all regulations pertaining to gear, including pot construction and minimum mesh size, from Part 3 – Finfish, to Part 6 – General Equipment Provisions, in order to house all gear related rules in the same Part.  There is no proposed change to the language being moved.