Fishing Regulations for the Season (250-RICR-60-00-10)
250-RICR-60-00-10 INACTIVE RULE EMERGENCY RULE
10.1 Purpose
The purpose of these Rules and Regulations is to regulate freshwater fishing seasons and bag limits annually.
10.2 Authority
These Rules and Regulations are promulgated pursuant to R.I. Gen. Laws §§ 20-1-12 and 20-1-13, as well as R.I. Gen. Laws Chapters 42-17.1 and 42-17.6, in accordance with R.I. Gen. Laws Chapter 42-35, Administrative Procedures Act.
10.3 Application
The terms and provisions of these Rules and Regulations shall be liberally construed to permit the Department to effectuate the purpose of state laws, goals, and policies.
10.4 Severability
If any provision of these Rules and Regulations, or the application, thereof, to any person or circumstances, is held invalid by a court of competent jurisdiction, the validity of the remainder of the Rules and Regulations shall not be affected thereby.
10.5 Superseded Rules and Regulations
On the effective date of these Rules and Regulations, all previous Rules and Regulations, and any policies regarding the administration and enforcement of freshwater and diadromous fisheries shall be superseded. However, any enforcement action taken by, or application submitted to the Department prior to the effective date of these Rules and Regulations shall be governed by the Rules and Regulations in effect at the time the enforcement action was taken, or application filed.
10.6 Regulations
10.6.1 Freshwater Fisheries Regulations
A. As Follows:
1. The open season on all species of trout, salmon, and charr shall close annually on the last day of February at midnight and shall commence at 6:00 AM on Wednesday April 7, 2021. From April 7, 2021 through November 30th , the daily creel and possession limits for trout shall be five (5) fish; and from December 1st through the last day in February, annually, the daily creel and possession limits for trout shall be two (2) fish. All designated trout waters (§ 10.6.1(A)(16) of this Part) shall be closed to all fishing from the last day of February at midnight and shall commence at 6:00 AM on Wednesday April 7, 2021 , unless otherwise designated. Possession of trout, salmon, or charr taken from any waters of the state during the closure shall be prohibited.
a. Free Fishing Days: A freshwater fishing license shall not be required by residents or non-residents on the first full weekend in May, annually.
2. The minimum size of all trout or charr species taken from the waters of the state, shall be eight inches (8”), measured from the tip of the snout to the tip of the tail.
3. The daily creel and possession limits for northern pike shall be two (2) fish, and the minimum size limit shall be twenty-four inches (24”) (measured from the tip of the snout to the end of the tail). The daily creel and possession limits for chain pickerel shall be five (5) fish, and the minimum size limit for chain pickerel shall be fourteen inches (14”) (measured from the tip of the snout to the end of the tail). No person shall possess any northern pike less than twenty-four inches (24”) in total length or chain pickerel less than fourteen inches (14”) in total length.
4. The daily creel and possession limits for black bass (largemouth and smallmouth bass) shall be five (5) fish, either singularly or in aggregate, and the minimum size limit shall be twelve inches (12”) (measured from the tip of the snout to the end of the tail). No person shall possess any black bass less than twelve inches (12”) in total length.
5. The creel and possession limit for domestic or landlocked Atlantic salmon (Salmo salar) in the fresh waters of Rhode Island shall be two (2) fish per day and shall be included in the daily limit for trout, salmon, or charr. The minimum size for domestic or land locked, stocked, Atlantic salmon shall be eleven inches (11”) total length. No person shall take any Atlantic salmon from the Pawcatuck River downstream of the Potter Hill Dam.
6. The recreational creel or possession limits for American eel (Anguilla rostrata) shall be twenty-five (25) fish per day, per person, and the minimum size shall be nine inches (9”) (measured from the tip of the snout to the end of the tail). No person shall possess any American eel less than nine inches (9”) in total length. No person shall take an eel from the freshwaters of the state unless in possession of a valid Rhode Island Freshwater Fishing license. There will be no closed season. No American eel may be commercially harvested from the freshwaters of the state and offered for sale without a valid commercial fishing license per Rhode Island Marine Fisheries (RIMF) regulations. If harvesting commercially with a valid commercial fishing license from the freshwaters of the state, fishermen must adhere to regulations as set forth in RIMF regulations, Part 90-00-3 of this Title.
7. The creel and possession limits for trout or charr taken in the Wood River between Route 165 and Barberville Dam at Arcadia Road shall be limited to two (2) fish from the second Saturday in May through the last day of February, annually.
8. The following waters shall be restricted to the use of artificial flies, a conventional fly rod, and a single-action reel: Deep Pond, Exeter; A.L. Mowry Pond, Smithfield; and Upper Rochambeau Pond, Lincoln.
9. The following waters shall be restricted to fishing by children fourteen (14) years of age and younger annually from Wednesday April 7, 2021: Frosty Hollow Pond, Exeter, Lapham Pond, Burrillville, Scott Evens Memorial Pond (Biscuit City), South Kingstown, Seidels Pond, Cranston, Silvy's Pond, Cumberland. Lloyd Kenney Pond, Hopkinton, is restricted to children from Wednesday April 7, 2021 through Memorial Day only. Cass Pond, Woonsocket, Slater Park Pond, Pawtucket, and Ponderosa Park Pond, Little Compton are restricted to children only for the first two (2) days of Opening Day of trout season.
10. The following activities shall be Prohibited:
a. Using corn for bait in any designated trout waters.
b. Chumming in any designated trout waters.
c. Snagging fish in any fresh waters.
d. Tagging, branding, marking, or otherwise willfully mutilating any fish which is to be released alive into any fresh waters of the state except by special permit issued by the Division of Fish and Wildlife.
e. The use as bait of any variety of goldfish (Carassius auratus) in the fresh waters of the State.
f. The importation, sale, or possession of any variety of nonnative fish, including, but not limited to, goldfish (Carassius auratus), green sunfish (Lepomis cyanellus), or fathead minnows (Pimephales promelas) for use as bait in the fresh waters of the State.
g. In accordance with R.I. Gen. Laws § 20-11-3, the taking of any fish in the freshwaters of the state by any means other than angling, utilizing a hook(s) and fishing line, except for carp, suckers, and fallfish, which may be taken by snares, spears or bow and arrow.
h. In accordance with R.I. Gen. Laws § 20-11-3, the taking of any fish in the freshwaters of the state by net, seine, trawl, or similar device, except for a dip net, for the landing of a fish caught by hook and line, and the taking of baitfish. Cast nets and gill nets shall be prohibited.
11. With the exception of designated catch-and-release areas, any legally caught trout, salmon, or charr taken from the fresh waters of Rhode Island shall be immediately released alive into the waters from which it was taken or shall be killed at once and become part of the daily bag limit.
12. At Beach Pond, Exeter, the season for trout shall open on Wednesday April 7, 2021 at 6:00 AM and close at midnight on the last day of February, annually. The daily creel and possession limits for trout (all species in aggregate) shall be five (5) fish. The daily creel and possession limits for black bass shall be five (5) fish and the minimum size limit shall be twelve inches (12”) (measured from the tip of the snout to the end of the tail). The daily creel and possession limits for chain pickerel shall be five (5) fish and the minimum size limit shall be fourteen inches (14”) (measured from the tip of the snout to the end of the tail). Six (6) lines with a single hook each may be used while ice fishing.
13. Wallum Lake, Burrillville – §§ 10.1 through 10.6, 10.6.1(A)(1) through (6), 10.6.1(A)(10) through (11), 10.6.1(A)(17) through (19), and 10.8 of this Part, apply.
14. Killingly Pond, Glocester and Hazard Pond, West Greenwich shall have the following regulations: the daily creel and possession limits for black bass shall be five (5) fish and the minimum size limit shall be twelve inches (12”) (measured from the tip of the snout to the end of the tail). The daily creel and possession limits for chain pickerel shall be five (5) fish and the minimum size limit shall be fourteen inches (14”) (measured from the tip of the snout to the end of the tail); Six (6) lines with a single hook each may be used while ice fishing.
15. That portion of the Falls River, Exeter, from the bridge at Austin Farm Road, Exeter, downstream approximately two (2) miles to the bridge off Brook Trail, Exeter, shall be designated as a “no kill” or “catch and release” area. Fishing shall be permitted with artificial lures equipped with a single barbless hook or single barbed hook that has been crimped, and all fish caught shall be returned to the water immediately. The possession of any trout, salmon, or charr while fishing in this section of the river shall be prima facie evidence that said trout, salmon, or charr was taken in violation of these Rules and Regulations.
16. Designated Trout Waters:
Name |
Location |
Abbotts Run Brook |
Cumberland |
Adamsville Brook and Pond |
Tiverton & Little Compton |
Alton Pond |
Richmond & Hopkinton |
Ashaway River |
Hopkinton |
Ashville Pond |
Hopkinton |
Barber Pond |
South Kingstown |
Beach Pond |
Exeter |
Beaver River |
Richmond |
Big River |
West Greenwich |
Blackstone River |
Cumberland & Lincoln |
Branch River |
Burrillville |
Brandy Brook |
Glocester |
Breakheart Brook |
Exeter |
Breakheart Pond |
Exeter & West Greenwich |
Brickyard Pond |
Barrington |
Browning Mill Pond |
Exeter |
Brushy Brook |
Hopkinton |
Bucks Horn Brook |
Coventry |
Carbuncle Pond |
Coventry |
California Jim’s |
South Kingstown |
Carolina Trout Pond |
Richmond |
Cass Pond |
Woonsocket |
Chepachet River |
Glocester & Burrillville |
Chickasheen Brook |
South Kingstown |
Clear River |
Burrillville |
Curran, J.L. Reservoir |
Cranston |
Deep Pond (Arcadia) |
Exeter |
Dexter Pond (Rt.6, private open to the public) |
Scituate |
Dolly Cole Brook |
Foster |
Dundery Brook (incl. Wigwam Pond) |
Little Compton |
Eight Rod Farm Pond |
Tiverton |
Falls River |
Exeter & West Greenwich |
Flat River |
Exeter |
Foster Green Acres Pond |
Foster |
Frenchtown Park Pond |
East Greenwich |
Frosty Hollow Pond |
Exeter |
Geneva Brook & Pond |
North Providence |
Harris River |
Woonsocket |
Hopkins Mill Pond |
Foster |
Hunt River |
East Greenwich & No. Kingstown |
Lapham Pond |
Burrillville |
Lloyd Kenney Pond |
Hopkinton |
Log House Brook |
Hopkinton |
Meadow Brook |
Richmond |
Meadow Brook Pond |
Richmond |
Upper Melville Pond – Thurston Grey Pond |
Portsmouth |
Lower Melville Pond |
Portsmouth |
Melville Ponds |
Portsmouth |
Memorial Park Pond |
Lincoln |
Meshanticut Pond |
Cranston |
Moosup River |
Coventry |
Mowry, A.L. Pond |
Smithfield |
Olney Pond, Lincoln Woods Park |
Lincoln |
Parris Brook |
Exeter |
Pawcatuck River |
Hopkinton, Richmond, Charlestown & Westerly |
Pawtuxet River (North branch) |
Scituate, Cranston |
Pawtuxet River (South branch) |
Coventry, West Warwick |
Peck Pond |
Burrillville |
Ponaganset River |
Foster |
Ponderosa Park Pond |
Little Compton |
Roaring Brook & Ponds |
Exeter |
Round Top Brook |
Burrillville |
|
|
Big Round Top Pond |
Burrillville |
Little Round Top Pond |
Burrillville |
Saugatucket River |
South Kingstown |
Scott Evans Memorial Pond (Biscuit City Pond) |
South Kingstown (Kingston) |
Seidel’s Pond |
Cranston |
Shippee Saw Mill Pond |
Foster |
Silver Spring Lake |
North Kingstown |
Silvy’s Brook |
Cumberland |
Silvy’s Pond, Diamond Hill Park |
Cumberland |
Simmons Mill Pond |
Little Compton |
Slater Park Pond |
Pawtucket |
Spring Grove Pond |
Glocester |
Stafford Pond |
Tiverton |
Sylvester’s Pond |
Woonsocket |
Tarbox Pond |
West Greenwich |
Tarkiln Pond |
Burrillville & North Smithfield |
Ten Mile River |
East Providence |
Tiogue Lake |
Coventry |
Tiverton Trout Pond |
Tiverton |
Tucker Pond |
South Kingstown |
Upper Rochambeau Pond |
Lincoln |
Wallum Lake |
Burrillville |
Watchaug Pond |
Charlestown |
Willett Pond |
East Providence |
Winsor Brook |
Foster |
Wood River |
Exeter, Hopkinton & Richmond |
Woonasquatucket River |
Smithfield |
Wyoming Pond |
Richmond & Hopkinton |
17. Permits are required for organized fishing tournaments for state fishing and boating access areas and for the following private access areas; Johnson’s Pond (Flat River Reservoir), Coventry, and Waterman Reservoir, Glocester. Permits are required for six (6) or more persons and/or three (3) or more boats. Applications for the issuance of a permit must be submitted to the Division a minimum of three (3) weeks prior to the tournament. An organization may cancel a permitted fishing activity without penalty as long as written notice of the cancellation is received by the Division at least three (3) weeks prior to the event. Failure to provide timely written notice shall result in a one (1) year revocation of an organization’s eligibility to receive a permit for any organized fishing activity. Exceptions for unforeseen occurrences (e.g. weather, natural disaster) will apply at the discretion of the Division. The decision of revocation shall rest entirely with the Division. Permit applications may be obtained by contacting RIDEM Division of Fish and Wildlife, 277 Great Neck Rd., West Kingston, RI 02892. Tel: (401) 789-7481. Applicants must complete all required information. The Division reserves the right to limit the number of activities per location, per day, time period, or deny a permit for reasons of overuse or conflict with other activities.
a. The applicant must indicate on the application whether the fishing activity is a "closed" or an "open" activity. A closed fishing activity is an event having a fixed or restricted number of participants. An open fishing activity is an event having an unrestricted number of participants.
(1) If the tournament is closed, the number of boats, vehicles, and participants must be entered on the application. The permit must be retained on site by the sponsor along with the list of participants and boat registration numbers.
(2) If the tournament is open, the names of all participants and registration numbers of each boat on the day of the tournament must be made accessible to RIDEM – Division of Law Enforcement. An estimated count of all participants, vehicles and boats shall be forwarded to the Division at least five (5) days prior to the start of the tournament.
(3) Regardless if a fishing tournament is "closed" or “open”, the organization must provide a report to the Division within five (5) days of the termination of the tournament which includes: the number of hours fished, the numbers of boats, numbers of participants, and as applicable, the total number of largemouth bass and smallmouth bass caught as well as the total weights or the total lengths of all largemouth bass and all smallmouth bass processed at the weigh-in. This report may be sent as a letter to RIDEM Division of Fish and Wildlife or by completing the Bass Tournament Count Form. Failure to complete and submit the required information within five (5) days shall render the organization ineligible to conduct further organized fishing events for one (1) year from the said event. Such revocation shall include any events for which a permit was previously issued.
b. Applicants requesting a permit for a municipal or private ramp shall be responsible to obtain additional permits for these areas, if necessary.
c. These regulations shall not be interpreted as superseding any special boat ramp or state management area regulations.
d. Permits, along with lists of participants and boat registrations, if applicable, shall be available during the tournament for law enforcement purposes and must be clearly displayed in the windshield of the contacts vehicle.
18. Prohibited is the use of foot gear with external felt soles or any other natural or synthetic porous material capable of absorbing liquid that is attached to the soles of wading gear in any fresh waters of the state. This shall include any waters shared with adjacent states in which any Rhode Island Fishing Regulations apply. Please see § 10.6.2 of this Part.
19. Prohibited is the transport of any plant or plant part into or out of any Rhode Island waterbody on boats, vessels, other water conveyances, vehicles, trailers, fishing supplies, or any other equipment, with the exception of authorized research activities, species identification and other management activities.
20. Fishermen utilizing State Management Areas and designated undeveloped State Parks are required to wear fluorescent orange as referenced in the Park and Management Area Rules and Regulations, Part 100-00-1 of this Title.
10.6.2 Diadromous Fisheries Regulations
A. No person shall land, catch, take, or attempt to catch or take any alewives (Alosa pseudoharengus) or blueback herring (Alosa aestivalis) from any fresh waters of the State of Rhode Island. Possession of any alewives or blueback herring, at any time, is prohibited and shall be evidence, prima facie, that said herring was taken in violation of this section.
B. No person shall erect any artificial obstruction to fish passage in any stream or in any way alter the natural stream bottom to hinder the passage of fish.
C. No person shall take any American Shad, (Alosa sapidissima) from the fresh waters of the state.
D. No person shall take any smelt, (Osmerus mordax) by any means from any stream or river in the state.
E. Fish Ladders
1. Trespass within or obstruction of the entrance or exit of any fish ladder in the state is prohibited.
2. For the purposes of regulating Diadromous fishes, all fish ladders owned and operated by the state will be set aside as fish cultivation facilities pursuant to R.I. Gen. Laws §§ 20-12-1 and 20-12-5.
3. The areas below each fish ladder, where fishing will be permitted, shall be designated with an official boundary marker or informational sign.
F. Boundaries – The defined boundaries for the freshwater and saltwater sections of the state’s river and streams, with regard to the areas where Freshwater Regulations apply, are as follows:
1. Pawcatuck River, Westerly – the downstream side of the bridge crossing U.S. Route 1.
2. Mastuxet Brook, Westerly – the point at which the brook empties into Mastuxet Cove.
3. King Tom Pond outlet into Ninigret Pond, Charlestown – the spillway at the south end of King Tom Pond.
4. Factory Pond outlet, S. Kingstown – the seaward opening of the culvert under Teal Road.
5. Mill Pond outlet into the Cards Pond, South Kingstown – the bridge on Moonstone Beach Road crossing the west neck of Cards Pond.
6. Smelt Brook, S. Kingstown – the bridge closest to the outlet into Point Judith Pond.
7. Saugatucket River, S. Kingstown – the downstream side of the Main Street Bridge in Wakefield.
8. Gilbert Stuart Brook, N. Kingstown – the point at which the river empties into the Pettaquamscutt (Narrow) River.
9. Wesquage Pond, Narragansett – the culvert at the outlet to Bonnet Shores Beach.
10. Annaquatucket River, N. Kingstown – the point at which the river empties into Bissel Cove.
11. Cocumcussoc Brook, N. Kingstown – the bottom of the first riffle upstream of Wickford Cove.
12. Potowomut River, N. Kingstown/E. Greenwich – the Forge Road spillway.
13. Maskerchugg River, E. Greenwich – the Boston Post Road (US Rt. 1) spillway.
14. Gorton Pond outlet, Warwick – to the west of the Amtrak Railroad Bridge.
15. Tuscatucket Brook, Warwick – the downstream side of the West Shore Road bridge.
16. Old Mill Creek, Warwick – entirely tidal.
17. Warner Brook, Warwick – the Draper Avenue bridge.
18. Buckeye Brook, Warwick – the point at which the stream empties into Narragansett Bay.
19. Lockwood Brook, Warwick – the downstream side of the West Shore Road bridge.
20. Spring Green Pond outlet, Warwick – the downstream side of the Warwick Avenue (RI Rt. 117A) bridge.
21. Pawtuxet River, Warwick/Providence – the Narragansett Parkway spillway.
22. Woonasquatucket River, Providence – the downstream side of the U.S. Route 1N Bridge.
23. Moshassuck River, Providence – the point of confluence with the Woonasquatucket River.
24. Blackstone/Seekonk River – the Main Street spillway.
25. Ten Mile River, E. Providence – the Omega Pond spillway.
26. Annawomscutt Brook, Barrington – the Pilling Chain Company spillway on Bay Spring Avenue.
27. Mussachuck Creek, Barrington – the downstream side of the Washington Road bridge.
28. Runnins River, E. Providence/Seekonk, MA – the downstream side of the Mink Street (RI Rt.114 A) bridge
29. Kickamuit River, Warren – the Warren Reservoir spillway.
30. Sin and Flesh Brook, Tiverton – the downstream side of the Highland Avenue bridge.
31. Nonquit Pond, Tiverton – the bridge at Pond Bridge Road.
32. Pachet Brook, Tiverton – the downstream side of the West Main Road (RI Rt. 77) bridge.
33. Dundery Brook, Little Compton – the downstream side of the Swamp Road bridge.
34. Cold Brook, Little Compton – the point at which the brook empties into Quicksand Pond.
35. Maidford River, Middletown – the downstream side of the Paradise Avenue bridge.
36. Goose Neck Cove, Newport – entirely tidal.
37. Lily Pond, Newport – the outlet.
38. Almy Pond, Newport – the outlet.
39. Prince Pond (Tiffany Pond), Barrington – the point at which the stream enters the Barrington River.
10.7 Enforcement
Enforcement of this Part, including penalties and appeals, is pursuant to R.I. Gen. Laws §§ 20-1-12, 20-11-20, and 20-11-21, and R.I. Gen. Laws Chapters 42-17.6, 42-17.7, and any other applicable section of the general laws.
10.8 Effective Date
The foregoing Rules and Regulations – Fishing Regulations for the Season, after due notice, are hereby adopted and filed with the Secretary of State to become effective twenty (20) days thereafter, unless otherwise indicated below, in accordance with the provisions of R.I. Gen. Laws Chapters 42-35, 42-17.1, and 42-17.6, as amended.
Title | 250 | Department of Environmental Management |
Chapter | 60 | Fish and Wildlife |
Subchapter | 00 | N/A |
Part | 10 | Fishing Regulations for the Season (250-RICR-60-00-10) |
Type of Filing | Amendment |
Regulation Status | Inactive |
Effective | 03/25/2021 to 07/31/2021 |
Regulation Authority:
RIGL Sections 20-1-4; 20-1-12 and 20-1-13, as well as Chapters 42-71.1, and 42-17.6, in accordance with requirements with Chapter 42-35 "Adminstrative Procedures Act" of the General Laws of 1956.
Purpose and Reason:
The purpose of this proposed emergency rule is to establish the opening date (April 7, 2021) of the freshwater fishing season.
Rules were last promulgated on August 2, 2020 governing the seasons 2021-2022 recreational freshwater fishery program. The rules are subject to formal annual review and public comment. A full public process occurred, and no substantial modifications were made to the rules at that time. The traditional opening day of freshwater fishing season, the second Saturday of April, was adopted with little or no discussion.
Brief statement of Reason for Finding Imminent Peril:
The purpose and justification for the proposed emergency rule is the protection of public health from imminent peril. Traditionally, the opening day of freshwater fishing season generates high public participation and crowded areas and conditions in many public fishing areas. Given the continued health concerns and state of emergency regarding the COVID-19 pandemic, and the guidelines from the Centers for Disease Control and Prevention and the Rhode Island Department of Health regarding the need to continue to practice “social distancing” to minimize transmission of the virus, DEM seeks to eliminate/reduce to the greatest extent possible the crowded conditions of opening day for the 2021 freshwater fishing season by timing the opening of fishing season to April 7, 2021, providing an earlier, mid-week opportunity for opening day. This change is designed to support a more gradual opening to the freshwater fishing season, lessening the crowding that poses a risk to public health from COVID-19.