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:

Section 6.5(A)(3)(b):  Amend area of a commercial netting prohibition in Upper Pt. Judith Pond:  Several of the landmarks that define the area in rule cannot be determined.  Specifically, the landmarks Blue Rock Point, Old Cellar Point, and Squally Point cannot be confirmed (only Betty Hull Point and Ram Point identified on NOAA chart).  The area is therefore not clear to effected persons and the rule is unenforceable.  The Division believes that the amended area proposed will have no actual effect as it is believed that the prohibited activity is no longer occurring in the area.  Expanding this prohibition to the entirety of Upper Point Judith Pond will provide for additional protection for winter flounder and river herring.

Section 6.5(5)(c):  Amend area of a commercial netting prohibition in the Narrow River:  The area of this prohibition is not clear.  Specifically, it is not clear what is meant in the current rule by the upper Narrows or the north and south sides of the upper Narrows.  The area is therefore not clear to effected persons and the rule is unenforceable.  The Division believes that the amended area proposed will have no actual effect as it is believed that the prohibited activity is not occurring in the area.

Section 6.5(A)(7):  Clarify the area of the Foster Cove Channel and the Narrows of Charlestown Pond by using landmarks to define the area:  The area of fixed gear prohibitions is not clear.  The area is therefore not clear to effected persons and the rule is unenforceable.  The proposal will add landmarks to describe the areas.