General Equipment Provisions

A.The purpose of these Rules and Regulations is to supplement and simplify and/or clarify existing Regulations in order to more efficiently manage the marine resources of Rhode Island.

A.These Regulations are adopted pursuant to 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.

A.See Part 1 of this Subchapter.

A.Recreational use of nets: Nets shall not exceed four feet (4’) in depth and twenty feet (20’) in length and must be constantly tended.

B.Pots and buoys

1.No person except the Director shall unduly disturb any pot or associated line (warp) and/or buoy, or remove any marine species from a pot, without the written permission of the owner. (R.I. Gen. Laws § 20-4-8)

2.Each pot used for the taking of marine species shall have attached a buoy, and each pot and buoy shall be identified with the name and license number of the owner. (R.I. Gen. Laws § 20-4-7)

3.The use of floating line within eight (8) feet of the surface of the water, that is attached to any fixed gear buoy, is prohibited.

4.Each pot used for the taking of marine species shall bear a color scheme on the attached buoy consistent with the color specified on the license. The buoy color scheme shall also be displayed on any vessel used by the licensee, such that the colors shall be painted on the port and starboard sides of the hull in a section, not less than one (1) foot square; or a clearly painted buoy shall be set at the highest point on the vessel excluding the mast and be visible for three hundred sixty degrees (360°). The buoy or colors must be prominently displayed on the vessel at all times that gear is in the water.

5.No person shall place, set, lift, raise, unduly disturb, draw in, or transfer any pot unless the color scheme of the attached buoy is the same as the color scheme that is on file with the license application and displayed on the boat used by that person, or unless that person is duly licensed and possesses written permission from the rightful owner of the pot, trap, or other device. (R.I. Gen. Laws § 20-7-11.1(b))

6.Ghost panels: Hinges or fasteners of one (1) panel or door must be made of one (1) of the following degradable materials:

a.Un-treated hemp, jute, or cotton string three sixteenths of an inch (3/16”) or smaller.

b.Magnesium alloy, timed float releases (pop-up devices) or similar magnesium alloy fasteners.

c.Un-galvanized or uncoated iron wire of three thirty seconds of an inch (3/32”) or smaller.

d.If "bungee" cord or other elasticized material is used to fasten the top, it must be secured to the trap with a degradable hog ring.

A.All commercial netting, except licensed fish traps are prohibited in the following waters:

1.In the Harbor of Refuge and within three hundred (300) feet of the Harbor of Refuge breakwater.

2.In all coastal salt pond channels.

3.In Point Judith Pond in the following locations:

a.South of a line extending from Strawberry Hill Point to High Point; and west of the Great Island Bridge.

b.East of a line extending from Betty Hull Point to Short Point; and west of a line extending from Blue Rock Point to Old Cellar Point.

c.North of a line extending from Ram Point to Squally Point.

4.In the northern portion of Potter Pond within one hundred (100) feet of the mouth of Captain's Brook in the town of South Kingstown.

5.In the Pettaquamscutt (Narrow) River in the towns of South Kingstown, North Kingstown, and Narragansett, in the following locations:

a.Within nine hundred (900) feet seaward entrance of the river.

b.Between the Middlebridge Road bridge and a boundary located eight hundred feet (800’) north of the Bridgetown Road Bridge.

c.Within one hundred feet (100’) north and south sides of the upper Narrows.

d.Within one hundred (100) feet seaward of the mouth of Gilbert Stuart Brook.

6.In the Pawcatuck River north of a line extending from Pawcatuck Rock in the town of Stonington, Connecticut to Thompson Point in the town of Westerly, except for seining between February 1 and April 15.

7.Fixed gear is prohibited in the Foster Cove channel and in the narrows in Charlestown Pond.

A.Net obstruction or constriction: Any fishing vessel subject to minimum mesh size restrictions using a trawl net shall not use any device or material, including, but not limited to, nets, net strengtheners, ropes, lines, or chafing gear, on the top of a trawl net, except that one (1) splitting strap and one (1) bull rope (if present), consisting of line and rope no more than three (3) inches in diameter, may be used if such splitting strap and/or bull rope does not constrict, in any manner, the top of the trawl net. “The top of the trawl net” means the fifty percent (50%) of the net that (in a hypothetical situation) would not be in contact with the ocean bottom during a tow if the net were laid flat on the ocean floor. For the purpose of this paragraph, head ropes are not considered part of the top of the trawl net.

B.The use of rollers, rockhoppers or discs greater than twelve (12) inches in diameter is prohibited in the marine waters of Rhode Island.

C.Prohibited areas: In addition to those waters where all netting is prohibited, a trawling device is prohibited in the following areas:

1.In the Upper Narragansett Bay Marine Life Management Area as follows:

a.From November 2 through June 30;

b.On any Saturday, Sunday, or legal State holiday from July 1 through November 1;

2.In Narragansett Bay north of a line extending from the Dock at Rocky Point in the city of Warwick, to Poppasquash Point to Hog Island Shoal Light to the north abutment of Mt. Hope Bridge in the town of Bristol. (R.I. Gen. Laws §§ 20-4-2 and 20-4-3);

3.In the Upper Sakonnet Marine Life Management Area.

4.In all coastal salt ponds, except for otter trawling in Ninigret (Charlestown) Pond and Quonochontaug Pond in accordance with § 6.9(D) of this Part.

D.Otter Trawling

1.Areas prohibited:

a.In Ninigret (Charlestown) Pond on Saturdays, Sundays, and legal State holidays, south of a line extending from Marsh Point to Horseshoe Point on the Arnolds shore; west of a line extending from Marsh Point to Marsh Neck Point; and east of a line extending from the eastern shore of the Foster Cove channel to a point of land on East Beach located in a southerly direction from the Foster Cover inlet.

b.In Quonochontaug Pond on Saturdays, Sundays, and legal State holidays, south of a line extending from Quahaug Point to the northwestern point of Nopes Island; and east of a line extending south from Quahaug Point to a point of land on the Quonochontaug Pond barrier beach located in a southerly direction from Quahaug Point.

c.In Potter Pond.

d.No person shall utilize an otter trawl from December 1 through February 28 annually, that has a mesh size which measures less than six (6) inches stretched mesh (measured inside knot to inside knot), in the following areas:

(1)In Narragansett Bay north of a line extending from Carrier Pier in the town of North Kingstown to Conanicut Point in the town of Jamestown to the southern tip of Prudence Island to Carr's Point in the town of Portsmouth, excluding Mt. Hope Bay east of the Mt. Hope Bridge.

(2)In the Sakonnet River north of a line from Sachuest Point in the town of Middletown to Sakonnet Point in the town of Little Compton, and south of the Sakonnet River Bridge (Rt. 24).

(3)In Quonochontaug and Ninigret (Charlestown) Pond.

E.The use of midwater trawl gear is prohibited in the marine waters of Rhode Island.

A.Gillnetting for bait:

1.Bait gillnets must be clearly labeled with the name of the person setting or tending the net and be constantly tended.

2.A bait gillnet shall not exceed one hundred (100) feet nor exceed a mesh size greater than three and three quarter (3-3/4) inches stretched.

B.Prohibited areas: In addition to those areas where all netting is prohibited, and with the exception of gillnetting for bait, commercial gillnetting is prohibited in the following areas:

1.In all coastal salt ponds.

2.In Little Narragansett Bay and the Pawcatuck River northeast and inland of a line extending from the southern end of Sandy Point Island to a point of land on the northern shore of Napatree Point in the town of Westerly.

3.Within one and one half (1-1/2) nautical miles south and west of Napatree Point.

4.Within one half (½) nautical miles in both directions of the seaward entrance to a coastal salt pond channel, and for a distance of nine hundred (900) feet seaward, when such coastal salt pond is open to the sea.

6.Within one half (1/2) nautical miles of Block Island between April 15 and November 15.

7.Within one hundred fifty (150) feet of the Rhode Island coastline (mean high water line) from October 15 through December 31.

8.Within one hundred fifty (150) feet of the Rhode Island coastline (mean high tide line) in the following areas:

a.From Monahan's Dock breakwater (State Pier #5) to Matunuck Point.

b.In Narragansett Bay.

d.From the Sachuest Point to the juncture of Second Beach and Sachuest Point in the town of Middletown; and,

e.From the Price's Neck to Castle Hill Light in the city of Newport.

C.Gillnets shall be connected in a continuous series not to exceed three thousand linear (3,000) feet.

D.Setting pattern: Each gillnet shall be set in a straight line (from one end buoy to the other).

E.No person shall set, haul, or maintain a gillnet within three thousand (3,000) feet of a licensed floating fish trap.

F.No person shall set, haul, and/or maintain a gillnet in the marine waters of Rhode Island during the month of March, annually.

G.No person shall take or possess any striped bass while gillnetting, or while hauling a gillnet, including while gill netting for bait.

H.Marking of gillnets with buoys

1.Both ends of a gill net shall be marked with an orange or fluorescent orange bullet shaped buoy with a size of nine (9) inches by sixteen (16) inches, and be clearly marked with the letters "GN" with a minimum letter height of three (3) inches and include the name and license number of the licensee.

2.For gill nets set, hauled, and/or maintained south of the Colregs line, all buoy lines must be marked with three (3) individual green colored marks measuring twelve (12) inches: one (1) at the top, one (1) at the midway point, and one (1) at the bottom of each buoy line.

I.Tagging of gillnets

1.Vessels permitted and participating in the gillnet tagging program administered by the NOAA Fisheries Greater Atlantic Regional Office, and which are not participating in the Rhode Island tagging program, may transit the marine waters of Rhode Island with gillnets on board the vessel only if all gillnets are stowed, and, when applicable, have the Federal gillnet tags permanently attached.

2.No gillnet shall be set, hauled and/or maintained in the marine waters of Rhode Island without permanently attached non-transferable tags issued by the Director.

3.Eligibility: Gillnet tags are available only to a multipurpose license holder with gillnet endorsement.

4.Only one (1) set of tags shall be designated to a commercial license holder.

5.License holders are eligible to receive a maximum of eighty (80) tags, plus an additional ten (10) tags for routine loss. No more than eighty (80) tagged nets shall be in the water at any one time. No person shall possess at any one time more tags than are authorized.

6.Tags shall be attached to every string of gillnets as follows: one (1) tag shall be attached on each of the two (2) terminal ends, at the bridle of each end net panel; and one (1) tag shall be attached on every other bridle of each net panel within the string.

7.No person shall transfer gillnet tags between nets or between individuals or vessels.

8.No person shall file a false claim of tag loss.

J.Tending of nets

1.A gill net with a mesh size less than or equal to ten (10) inches must be hauled at least once each calendar day.

2.A gill net with a mesh size greater than ten (10) inches must be hauled at least once every seven (7) days.

K.Weak link and anchor requirements for gill nets set, hauled, and/or maintained south of the Colregs line

1.All buoys, floatation devices and/or weights must be attached to the buoy line with a weak link having a breaking strength of no greater than one thousand one hundred (1,100) pounds.

2.For nets that return to port each day with the vessel, net panels must have a weak link having a breaking strength of no greater than one thousand one hundred (1,100) pounds at the center or each float line or at least every twenty-five (25) fathoms along the float line of a panel longer that fifty (50) fathoms.

3.For nets which do not return to port with the vessel, weak links of not greater than one thousand one hundred (1,100) pounds must be incorporated into net panels following one (1) of the two (2) configurations required by the NOAA Fisheries Atlantic Large Whale Take Reduction Plan.

4.All gillnets that do not return to port with vessel, regardless of number of net panels, shall be required to be anchored with the holding power of at least a twenty-two (22) pound Danforth-style anchor at each end of the net string (must be a burying anchor; no dead weights).

L.Pinger Specifications

1.A pinger is an acoustic deterrent device which, when immersed in water, broadcasts a 10 kHz (± 2 kHz) sound at 132 dB (± 4 dB) re 1 micropascal at 1 m, lasting 300 milliseconds (± 15 milliseconds), and repeating every 4 seconds (± 0.2 seconds).

2.Pingers shall be properly attached to each gillnet during the following time periods, annually:

a.December 1 through February 28 (February 29 on leap years); and,

b.April 1 through May 31.

3.A pinger shall be attached at the end of each string of each gillnet and at the bridle of every net within a string of nets (e.g., in a gillnet string consisting of three (3) nets, four (4) pingers would be required).

4.Pingers shall be maintained in an activated state at all times.

M.Drift and sink gillnets: Only a floating and bottom tending gillnet may be set, hauled, or maintained in Rhode Island waters.

1.A floating gillnet must be constantly tended.

2.Minimum mesh size for a bottom tending gillnet: No bottom tending gill net shall have a mesh size smaller than five (5) inches stretched mesh.

N.Gillnets in Narragansett Bay:

1.A single gillnet, or series of connected gillnets, shall not exceed three hundred (300) feet.

2.No gillnet shall be set within one hundred fifty (150) feet of the shore at mean low water.

3.No gillnet shall be set within two thousand (2,000) feet of another gillnet.

O.Gillnets within one half (1/2) nautical miles of the Rhode Island coast (mean high tide line) and south of the Colregs line:

1.A series of connected gillnets shall not exceed a total length of six hundred feet (600’).

2.Each gillnet shall be set perpendicular to the shore.

3.No gillnet shall be set within two thousand (2,000) feet of another gillnet.

P.Gillnets beyond one half (1/2) nautical miles of the Rhode Island coast (mean high tide line):

1.No gillnet shall be set within two thousand (2,000) feet of another gillnet from April 1 through October 1.

2.Marking:

a.A series of connected gill nets greater than six hundred (600) feet and less than or equal to one thousand two hundred (1,200) feet must be marked with two (2) orange or fluorescent orange floats with a size of nine (9) inches by sixteen (16) inches on the westernmost end as measured on a compass circle from magnetic south through west to, and including, north and one (1) orange or fluorescent orange float with a size of nine (9) inches by sixteen (16) inches on the easternmost end side as measured on a compass circle from magnetic north through east to, and including, south. In the case of nets set in a due north south line, the two (2) orange or fluorescent orange floats with a size of nine (9) inches by sixteen (16) inches should be placed on the southernmost end.

b.A series of connected gill nets greater than one thousand two hundred (1,200) feet must be marked with an orange or fluorescent orange float with a size of nine (9) inches by sixteen (16) inches and a radar reflective highflyer at each end. One (1) of the radar reflective highflyer is to be marked with a flag on the westernmost side as measured on a compass circle from magnetic south through west to, and including, north. The easternmost side as measured on a compass circle from magnetic north through east to, and including, south is to be marked with a radar reflective highflyer that must remain flagless. In the case of nets set in a due north south line, the flag on the radar reflective highflyer should be placed on the southernmost end.

A.Applicability: No person shall set, haul, and/or maintain a commercial fyke net in the waters of the State unless issued a permit by the Director.

B.Applications for this permit shall include the dates of use, location, and net measurements. Application shall be provided on forms as prescribed by the Director.

C.Any fyke net placed in the marine waters of the State shall meet the following dimensions:

1.Maximum length of fyke net leader: One hundred (100) feet.

2.Maximum mesh size: Stretched mesh shall not be greater than two and one half (2-1/2) inches.

3.Leader: Must not extend more than four (4) feet off the bottom

D.Fyke nets must be tended and hauled every forty-eight (48) hours.

E.Fyke nets shall not be placed within two hundred fifty (250) feet of any other fishing net.

F.Prohibited areas: In addition to those waters where all netting is prohibited, fyke nets are prohibited in Ninigret (Charlestown) and Quonochontaug Ponds between June 15 and September 15.

A.Prohibited areas: In addition to those waters where all netting is prohibited, seine nets are prohibited within one half (½) mile in both directions of the seaward entrance of a coastal salt pond channel for a distance of nine hundred (900) feet seaward when the coastal salt pond is open to the sea.

A.Applicability: No person shall set a floating fish trap (fish trap) in the marine waters of the State without first obtaining a permit issued by the Director pursuant to these Regulations. Permit applications shall be provided on forms as prescribed by the Director. (R.I. Gen. Laws § 20-5-1)

B.Eligibility: A permit is available to any resident licensed in accordance with R.I. Gen. Laws Chapter 20-2.1 upon payment of a permit fee of twenty dollars ($20.00) per trap location. (R.I. Gen. Laws § 20-5-2)

C.Issuance of available permits:

1.General

a.A permit shall be made available upon expiration, revocation, or withdrawal of a currently held permit. In such instances, a new permit opportunity will be made available to the public by February 1.

b.Application Period: Applications for a new permit will be accepted from February 1 through March 1.

c.In cases where a limited number of new sites are available, the Department shall provide priority to applicants as described herein.

d.If application for an eligible site is not received during the application period, a permit shall not be issued and the site will be made available during the next application period.

e.A permit may be issued on an individual site basis or by group of sites.

2.Eligibility: Available to any person who holds a valid Multipurpose License or Principal Effort License with Restricted Finfish Endorsement.

D.Prioritization for the issuance of a permit:

1.First priority: First priority shall be provided to eligible applicants equally as follows:

a.A current fish trap site permit holder who can demonstrate by dated transaction records, as verified by SAFIS dealer or dockside sales reporting, a minimum of one (1) legal Rhode Island landing in the preceding calendar year.

b.Resident crew members who have actively participated in the floating fish trap fishery. To be considered actively participating, a crew must be able to demonstrate via one (1) or more affidavits that they have worked as a paid crew for one (1) or more captains licensed in the State of Rhode Island on a vessel that was active in the floating fish trap fishery. To be considered a paid crew, persons must demonstrate a valid record of being a paid employee of the vessel owner or person licensed to fish commercially, including either a W-2 form, 1099 form, or paycheck stub from a financial institution for the period of time being used to meet the standard of Actively Participating. Affidavits must reflect activity conducted upon a vessel that was commercially declared during the period of activity.

2.Second priority: Second priority shall be provided to any resident who holds an eligible commercial fishing license.

E.Lottery: If in any priority category there are more eligible applicants than there are permits available for issue, those permits will be issued by a lottery on an individual site basis, chosen at random.

F.Application:

1.Application for a fish trap permit shall be made on forms as prescribed by the Director.

2.Application for permit renewal shall be made within ten (10) business days before its termination. Failure to apply for a permit renewal may result in forfeiture of the permit.

G.Permits shall be provided for a three (3) year period, or for that portion thereof expiring on the last day of December of each third (3rd) year thereafter.

H.Permit conditions:

1.Upon ceasing to operate any fish trap as authorized, all gear shall at once be removed by the owner at the owner's expense and to the satisfaction of the Director. Failure to remove the fish trap shall be considered sufficient grounds for prosecution of the owner for maintaining a public nuisance.

2.Unless otherwise specified by Regulations, fish traps shall be completely removed from the water by December 31 annually, including all submerged or broken stakes. No fish trap may be set from January 1 through March 1 annually.

3.Fish traps set shall not be damaged or be in a dilapidated condition. Any such damaged or dilapidated fish trap shall be determined to be abandoned by the Director. Any such damaged dilapidated fish trap shall be immediately removed or rebuilt at the permit holders expense.

4.Reporting: By January 10 annually, every permit holder shall attest to the DEM in writing documentation specifying which fish trap locations were set during the preceding calendar year and which fish trap locations will be set during the upcoming season. This documentation shall identify fish trap locations by GPS, LORAN and/or latitude and longitude coordinates and include the dates upon which the licensee anticipates setting and removing the traps. This notification shall not prohibit a fish trap operator from subsequently, during the calendar year, setting additional traps on licensed locations that were not anticipated and for which notice was not therefore provided to the DEM. However, any deviations from the report must be reported in writing and received by the DEM Division of Marine Fisheries, 3 Fort Wetherill Road, Jamestown, Rhode Island, 02835 prior to the setting of the trap.

5.No permit holder shall sub-lease or authorize another person to use an authorized fish trap location.

6.Hook-backs in leaders: Each leader shall be set as nearly as may be in a straight line. No bend or angle, known commonly as a “hook-back,” is authorized.

7.The length of the fish trap and leader shall not be greater than two hundred eighty (280) fathoms.

8.All fish traps shall be marked with no less than four (4) radar reflective buoys (hi-flyers) each positioned no more than one hundred (100) feet from the fish trap or its appurtenances as follows: One (1) buoy shall be located at the shoreward end of the leader; one (1) buoy on the seaward end of the leader adjacent to the head of the trap; and (2) two buoys shall be located on the seaward side of the head of the trap.

9.Fish traps located at sites 13F, 26C, 25B, 398, 122-19, 383-19, 75A, 68B, 69B, 400-23, and 475-30 shall be marked as follows:

a.Site 13F shall be marked with a 5th class buoy with a four (4) second flashing light.

b.Site 26C shall be marked with a 5th class buoy with a six (6) second flashing light.

c.Site 25B shall be marked with a 5th class buoy with a four (4) second flashing light at the southern end of the trap and an unlit 5th class buoy at the northern end.

d.Sites 398 and 383-19 shall be marked with an unlit 5th class buoy.

e.Sites 75A, 69B, 475-30 and 68B shall be marked with an unlit 6th class buoy.

f.Sites 122-19 and 400-23 shall be marked with a 5th class buoy with a two and one half (2-1/2) second flashing light.

g.Each of the above-described buoys shall be positioned within one hundred feet (100’) of the head of the fish trap and its appurtenances.

10.Non-compliance with any permit condition shall subject the permit holder to permit revocation and/or imposition of a penalty pursuant to § 1.11 of this Subchapter, and/or denial of a permit renewal application.

I.Exclusive right of permittee; assignment of permit:

1.The holder of any fish trap permit, or the holder's heirs, executors, administrators, successors, or assigns shall have the exclusive right to fish the location by means of a fish trap, provided that the site is and has been actively fished.

2.Any holder of any fish trap permit may, upon approval of the Director, transfer the permit to any suitable person. This approval must be endorsed on the permit in order to become effective. (R.I. Gen. Laws § 20-5-10)

J.By January 31 annually, the DEM shall review all trap site permits and shall eliminate those sites from the list of authorized sites for which a permit has not been issued. The DEM shall provide written notice by registered mail to all those licensees who had most recently been issued permit(s) to set fish trap(s) in the locations of the sites to be eliminated. Said notice shall advise the affected licensee that the licensee may avoid the elimination of the trap location if written notice of such a desire to avoid elimination is received by the Division of Marine Fisheries, 3 Fort Wetherill Road, Jamestown, Rhode Island, 02835, on or before thirty (30) days of the licensee’s receipt of the notice of elimination.

K.Minimum distance between traps: The Director may grant a license for the erection of a fish trap within a lesser distance of three thousand (3,000) feet of an adjoining trap if the parties interested agree in writing to such a lesser distance. Such decisions shall be made with the advice of the Rhode Island Marine Fisheries Council. (R.I. Gen. Laws § 20-5-4)

L.Maximum length of trap leader: No permit shall be granted for a fish trap in which the length of the trap and leader is greater than two hundred eighty (280) fathoms. (R.I. Gen. Laws § 20-5-4)

M.Willful injury to traps: No person shall willfully or maliciously cut, remove, displace, tamper with, or in any way damage any trap, leader, or pound set by virtue of the permit provided for in these Regulations. (R.I. Gen. Laws § 20-5-18)

N.No fish trap shall be set within three thousand (3,000) feet of another fish trap legally set. The Director may grant a license for the erection of a fish trap within a lesser distance of three thousand (3,000) feet of an adjoining fish trap if the parties interested agree in writing to such a lesser distance.

O.Restricted Locations: No fish traps shall be erected within the waters of the State with the exception of the following sites:

1.The following sites are located south of the city of Newport and town of Middletown within the area designated for floating fish traps by the Army Corp of Engineers:

2.The following sites are located near Sakonnet Point within the area designated by the Army Corp of Engineers:

3.The following sites are located east of the shore in the town of Narragansett north of Scarborough Beach and south of Narragansett Pier within the area designated by the Army Corp of Engineers for fish traps:

4.The following sites are located within the area of the Harbor of Refuge in Point Judith: